Author

Fedotova Yu.E.

Title of article

Insulting religious feelings of believers and the criminal law: correction of mistakes

Section

Section 12. The problems of legal science and law enforcement practice: young researchers’ view

Issue, year

1 (35) 2016

Abstract

The changes made to the RF Criminal Code by the Federal law “On amendments to article 148 and certain legislative acts of the RF to counter insulting religious beliefs and feelings of citizens” in connection with “Pussy Riot” case are analyzed. The defects of the article’s wording are studied, evaluation categories are explained, discrepancy between its individual provisions and the rules of logic and legal technique is analyzed, the need to change the wording of the norm is proved. The author indicates the lack of definitions of the concepts necessary for an adequate and fair legal regulation of relations connected with the religious sphere of human activity in the Russian federal legislation. The author’s definitions of “publicity”, “religious doctrine”, “believers”, “religious feelings”, “insulting religious feelings of believers” are proposed. The necessity of committing the act with deliberate intent, namely, by “insulting religious feelings of believers” is described. The author analyzes the difficulties connected with evaluation categories (which aren’t explained) that should inevitably arise in law enforcement agencies’ activities (investigation, prosecution, court) when establishing the presence or absence of such intent for the objective, complete and impartial investigation of the criminal case and criminal proceedings, as well as passing a lawful, reasoned and fair court decision. A new wording of the considered article, establishing criminal liability for violation of legislation on freedom of conscience and religion by preventing legal forms of realization of the right to freedom of conscience and religion, as well as on separation of religious organizations from the state, is proposed.

Keywords

Criminal code; believers; religion; insult; religious feelings; public actions.