Significance of the aim factor to qualification of offences against religious freedom (art. 148, 282 of Criminal Code of Russian Federation)

Abstract

The article deals with the topic of using the aim factor to qualify offences. Based on the regulations of the criminal-law science, significance of the aim factor to qualification of offences against religious freedom regulated by art. 148 and art. 282 of Criminal Code of Russian Federation is demonstrated. The researcher expressed his opinion that the offence regulated by art. 148 of Criminal Code of Russian Federation targets not a religious movement or its separate members but religious values and beliefs, objects of worship and hallowed places of such a religious movement excluding the religious movement per se as a social group, meanwhile the offence regulated by art. 282 of Criminal Code of Russian Federation directs its malevolent influence at a social group or individuals that are members thereof. It was determined that under particular circumstances the aim of disrespect for people’s religious feelings for psychological-law nature, is absorbed and incorporated into the chain ‘stoking hatred or hostility, and equally humiliation’, so it is the reason for qualification solely according to art. 282 of Criminal Code of Russian Federation omitting art. 148 of Criminal Code of Russian Federation. It was also proposed that the corpus delicti provided in part 1 art. 148 of Criminal Code of Russian Federation is excluded therefrom for inadequate public danger of the action provided by the law.