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Actual problems of Russian law
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Veliev, F.Z. “Hate Crime” in the criminal legislation of the states of the common law legal family (the Great Britain, the USA, Canada, Australia, New Zealand)

Abstract: The author offers analysis of criminal legislation on “hate crime” in the states within the common law (Anglo-Saxon) legal family: the UK, the USA, Canada, Australia and New Zealand. The author names the elements, based upon which the crimes are qualified as “hate crime” in the legal systems of these states: race, skin color, nationality (including citizenship), ethnical background, religion, gender identity, sexual orientation, age, incapacity (inability to work), etc. Special attention in the legislation of these states is paid to establishing the intent of an offender and fear, worry or humiliation felt by a victim (victims) due to the encroachment against him (them). The author describes specific measures taken by legislative and executive bodies of the said states in order to fill the gaps and widen the scope of application of criminal responsibility for such crimes. The conclusion is made that generally the punishments are rather strict.


Keywords:

criminal legislation of the UK, criminal legislation of the USA, xenophobic crimes, racial discrimination, hate propaganda, kindling hatred, hate crime, criminal legislation of Canada, criminal legislation of Australia, criminal legislation of New Zealand.


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References
1. O'Grady, William (2011). Crime In Canadian Context: debates and controversies. Oxford University Press, r. 161.
2. Jacobs, James B. & Kimberly Potter. (1998). Hate Crimes: Criminal Law and Identity Politics. New York: Oxford University Press, pp. 130–144.
3. Abrams, J. House Passes Extended Hate Crimes Bill, Guardian Unlimited, 05-03-2007// (poslednee poseshchenie – 28.10.2013).
4. Kochoi S. M. Rasizm: ugolovno-pravovoe protivodeystvie: monografiya.-M.: Prospekt. 2007. 144 s.
5. Esakov G. A., Krylova N. E., Serebrennikova A. V. Ugolovnoe pravo zarubezhnykh stran: uchebnoe posobie.-M.: Prospekt, 2013. 334 s.