Veliev, F.Z. The motive of hatred or enmity in criminal legislation of Russia

Abstract: The motive of hatred or enmity is used in several meanings. Hovewer, neither the Criminal Code (both the of the Russian Federation, and of the RSFSR), nor the Decrees of the Plenum of the Supreme Court N. 11 of June 28, 2011 «On judicial practice on extremist crimes» provide for its contents. The article contains evaluation of the terms «behavior motive», «crime motive», «incentive», «interest». The author pays special attention to the motive of national (ethnical), racial, or religious hatred and enmity (discord). The author analyzes some specific issues regarding qualification of crimes committed due to the motives of racial, national, or religious hatred or enmity. He concludes that these motives should not be united with other motives, and should be recognized as Independent qualifying elements in specific crimes (as it is provided for in international law and in legislation of most foreign states). Additionally, he sustains that the proposition to exclude these motives from the list of aggravating circumstances is untimely.

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