Тип публикации: статья из журнала
Год издания: 2016
Ключевые слова: Genocide, Art. 357 of the Criminal Code of the Russian Federation, protected groups, cultural identity, cultural genocide, extremism
Аннотация: The paper raises the issues of the archaic character of the disposition of Art. 357 of the CC of the RF (genocide) and the necessity of its modernization. The authors research two most relevant directions for improving the norm on genocide: widening the list of protected groups and the criminalization of the so- called cultural genПоказать полностьюocide. The articles of criminal codes in some countries can serve as examples of modernizing the norm on genocide by widening the concept of genocide in comparison with the UNO Convention for the Prevention and Punishment of the Crime of Genocide adopted in 1948. They were analyzed using the method of legal comparativistics (comparative jurisprudence). The identified options of dispositions of the norm on liability for genocide are criticized and their adoption is not recommended. The research of historical examples of extermination of social communities and the doctrines based on them make it possible to formulate the most appropriate options for modernizing the norm on liability for genocide in the CC of the RF. Research results allow the authors to make a suggestion on the legislative improvement of Art. 357 of the CC of RF. Human communities characterized by specific cultural attributes should be included in the number of social communities protected by the norm. The authors also suggest eliminating the term "physical" from the statement "other creation of living conditions aimed at the physical extermination of the members of this group" in the disposition of this norm. The analysis of the current version of Art. 357 of the CC of RF showed that such widening of the concept of genocide will not contradict its essential attributes and will strengthen the preventive function of criminal law. Besides, it agrees with the concept of liability for genocide formulated by those researchers who were immediately involved in the development of the Convention of 1948 (R. Lemkin) or studied this issue in connection with the ratification of this criminal law act (A.N. Trainin).
Журнал: RUSSIAN JOURNAL OF CRIMINOLOGY
Выпуск журнала: Vol. 10, Is. 3
Номера страниц: 511-520
ISSN журнала: 25004255
Место издания: IRKUTSK
Издатель: BAIKAL STATE UNIV