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Rozenko E.

Comparative characteristics of criminal liability and punishability for crimes against freedom of conscience in the criminal law of Russia and Germany: development trends, bodies of the crime, features

Keywords: freedom of conscience, criminal liability, punishability, criminal law of Russia and Germany

The article analyzes comparative characteristics of criminal liability and punishability for crimes against freedom of conscience and freedom of religion in the criminal legislation of the Russian Federation and the Federal Republic of Germany, taking into account consolidation of these freedoms in the Constitutions (Basic laws) of both states. The article reveals the urgency of the problem of advance in these criminal attacks. These criminal law prohibitions have a long historical tradition both in Russia and in Germany, but there is no doubt that at present they are systematically interconnected with the institution of criminal law protection of human rights and freedoms in general. Tendencies in development of criminal-legal protection of freedom of conscience in Russia and Germany, proceeding from peculiarities in legal regulation of freedom of conscience in the Constitutions of the Russian Federation and Germany are analyzed separately. The article gives a comparative characteristic of social conditionality of these acts’ criminalization, the object, the objective element, the subjective element; the subject of the crime under Art. 148 of the Russian Federation Criminal Code, § 166, 167 of the Criminal Code of Germany, which allows to identify similarities and differences. Crime-forming characteristics of these offences are: the nature of the act itself, manifested in violation of unconditional legal prohibition, as well as the way of committing the crime. Separately, the article examines the problem of determining the list of penalties imposed for these crimes: the Russian Federation Criminal Code foresees a greater number of penalty types, which allows to take into account to a greater extent the issues of individualization and differentiation of punishing the perpetrators, taking into account their age, working activity and official position.

References

  1. Nurkaeva T.N. Lichnye (grazhdanskie) prava i svobody cheloveka i ikh okhrana ugolovno-pravovymi sredstvami: voprosy teorii i praktiki [Personal (civil) rights and freedoms of the person and protection of criminal law: issues of theory and practice]. St. Petersburg, Yuridicheskii tsentr Press, 2003, 254 p.
  2. Serebrennikova A.V. Ugolovno-pravovoe obespechenie konstitutsionnykh prav i svobod cheloveka i grazhdanina po zakonodatel’stvu Rossiiskoi Federatsii i Germanii: avtoref. … d-ra yurid. nauk [Criminal-legal support of constitutional rights and freedoms of man and citizen under the legislation of the Russian Federation and Germany. Diss. Abstract]. Moscow, 2008, 40 p.
  3. Ugolovnoe ulozhenie (Ugolovnyi kodeks) Federativnoi respubliki Germaniya: tekst i nauchno-prakticheskii kommentarii [Criminal code (criminal code) of the Federal Republic of Germany: text and scientific and practical commentary]. Moscow, 2010, 280 p.

About authors

Rozenko Elena
criminal law and process department senior lecturer, Ugra State University, Russia, Khanty-Mansyisk (rozenko_ea@mail.ru)

Article link

Rozenko E. Comparative characteristics of criminal liability and punishability for crimes against freedom of conscience in the criminal law of Russia and Germany: development trends, bodies of the crime, features [Electronic resource] // Oeconomia et Jus. – 2018. – №4. P. 43-49. – URL: http://oecomia-et-jus.ru/en/single/2018/4/7/.