Inciting hatred on national, racial, religious or social grounds is a crime dangerous to society. Considering the increase in such cases in recent years, as well as their connection with certain ideologies, whose representatives pursue goals in political activities, Article 282 has become a means of punishing such actions. This article covers a fairly large number of different crimes, each of which has its own characteristics of qualification and punishment.
Types of discord
There are three types of intolerance qualified by law:
- Interethnic strife. Those who commit crimes of this kind consider some nations to be worse than others. The crimes themselves relate to insults towards representatives of other nationalities or physical actions that cause damage to their health;
- Interreligious strife. Hatred based on religious differences. Although in the 21st century it would seem that the time of religious strife should be left behind, in practice it has not disappeared;
- Interracial strife. Harassment of members of another race. In some countries, such phenomena have been systemic for many years. In Russia, this is manifested in the interpersonal relations of the bearers of such racist ideas with other people living in the country.
All types of incitement to hatred and enmity are interconnected, and often come down to an exaggerated sense of personal superiority, which a person extends to all spheres of life and seeks some ideological confirmation for his views.
National insult
Article 282 covers actions aimed at publicly inciting hatred and hostility towards another state, nationality, or religious group. The action must be public. For example, an extremist statement published on a social network or publicly expressed in a television or Internet broadcast falls under the qualification of an article.
The speech must also be intended to incite hatred or hostility. An example is the justification for the need for persecution, genocide, or other extremist actions against any nationality, social or religious group.
At the same time, publicly expressed criticism of a religious movement, national customs and traditions cannot be considered as inciting hatred or hostility.
Corpus delicti
Like any crime, inciting hatred along ethnic lines has its own object. This is the honor and dignity of a person, as well as his safety. Both are guaranteed to citizens of the Russian Federation by the constitution of the country. Therefore, any actions that damage human honor and safety are a violation of basic individual rights and freedoms.
Since hate crimes are often associated with violence, and not just insults or threats, the health and lives of people often become the object of real crimes of this kind.
To clarify the object, three types of actions are identified that lead to the commission of such a crime motivated by hatred:
- Propaganda. These are actions with the goal of creating in another person hostility towards a certain group of people identified by a common characteristic. Propaganda is spread in any way, both in personal communication and through the media and the Internet. Propaganda can be accompanied by violence when one’s ideas are imposed on people through threats and pressure.
- Humiliation. This type of action to incite ethnic hatred usually involves direct insults to a person for belonging to a particular nationality, race or religious denomination.
- Promoting the idea of exclusivity. In essence, this is the same propaganda, but in its most radical form, when one nation or race is recognized as the highest. This type of promotion of ideas of discord is typical for representatives of Nazi ideology.
Any of the described actions causes moral harm to other people, groups of people, or even society as a whole. The person who has committed crimes and is called to account is any person over 16 years of age.
An important characteristic of the subjective side of a crime is the presence of direct intent. The attacker often not only realizes that he is causing harm to other people, but actually wants to do this, and tries to inflict harm as cruelly as possible. Most crimes motivated by incitement of ethnic hatred are classified as having a high degree of cruelty.
Preventing the emergence of hatred and enmity
It is hardly possible to eradicate the problem completely - there will always be a person who will put himself above others and speak unflatteringly about them. But attempts to create interethnic hatred can be prevented. It all starts with the family, and a child from an early age reflects the attitude of his parents and other family members towards other people, their nation, culture and way of life. If elders speak negatively about representatives of other nations and mock them, then the child will copy their behavior. Therefore, it is important for every adult, despite the negative experience of communicating with representatives of other nations in the past, to realize that in each of them there are good and bad people. After the family, this role is taken on by educational institutions - kindergartens, schools, and then universities. Therefore, the task of everyone associated with these areas should be to increase education among children, schoolchildren and students and prevent attempts to search for anti-heroes among other nationalities. But the most important role is assigned to the authorities and law enforcement agencies - their representatives must monitor interethnic relations and respond promptly, firmly and fairly to any manifestation of interethnic hatred.
Inciting ethnic hatred is a fairly serious crime for which you can be severely punished.
The Government of the Russian Federation focuses special attention on such acts in connection with the events that have been taking place in the country in recent years.
Such criminal cases are considered under Article 282 of the Criminal Code of the Russian Federation. Next, we will look at the main points regarding interethnic hatred.
Incitement of hatred on the Internet
Today, social networks and Internet sites are one of the main places for the spread of hostility. From the point of view of legislation, it does not matter in what form calls for hostility were disseminated. Therefore, the Internet is only one of the means of propaganda.
It is only important to distinguish hate crimes from ordinary insults. To do this, specific statements and actions of the accused are assessed. As a rule, special linguistic expertise is used for this.
Ways to overcome the problem
The difficulty of resolving interethnic and racial problems is that universal approaches in such cases simply do not exist . World experience shows that such situations are easier and more effective to resolve through peaceful means. A forceful solution will only be effective as long as troops are brought into the region to ensure complete security in the city or in a separate region. But as soon as the forces of law and order leave the rebellious problem region, the conflict will flare up again with the same force.
One of the options for solving the problem is separation, that is, deconsolidation of forces. As part of this work, radical groups and elements are cut off, supporting parties that are prone to negotiations and compromises. Attempts are being made to interrupt the conflict by signing a temporary truce between the warring parties. This allows you to reduce the intensity of passions and reduce the emotional background of the confrontation.
To prevent interethnic and international conflicts, peace negotiations are held , in which both warring parties and third forces can participate, acting as a guarantor of the implementation of all agreements reached.
Initially, vital needs are discussed, and later the negotiation process addresses social, economic and everyday issues. This is the only way to overcome the aggravation and solve possible problems.
Only with an integrated approach to preventing interethnic conflicts, the solutions and plan of which are approved by all parties, will it be possible to avoid mass unrest, the development of religious fundamentalism and local wars. At the same time, the solution developed must take into account the interests of all parties involved. In the future, after reaching consensus and peace, a complete revision of regulations and legislation that regulates the lives of citizens involved in interethnic clashes in Russia and Europe is often required.
Qualifying features
As in other articles of Russian legislation, the article on inciting ethnic hatred has qualifying features that are assessed as aggravating circumstances:
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- Whether violence or the threat of violence was used in the commission of the crime. It is especially important in this situation to assess the severity of the harm caused;
- Did the attacker use his official position to incite discord between social groups;
- Was there a conspiracy between the attackers that made them a criminal group?
If a crime has several of these qualifying features at once, the punishment will be established based on the totality of the crime committed.
Concept of social group
First of all, you need to decide what a social group is. We are talking about a collection of people who are united by certain characteristics. Thus, the connecting link between citizens can be age, ideology, religion, membership in a subculture, etc. In this case, a social group can be determined by any one factor or a combination of several factors.
In some cases, a social group may consist of only two members. However, most often we are talking about a larger number of people united by one or more characteristics.
The maximum size of social groups is not limited. It all depends on the prevalence of the characteristic by which people were grouped.
To better understand this issue, consider several examples of social groups:
- athletes;
- applicants to a particular educational institution;
- high school students;
- programmers;
- board game lovers;
- musicians;
- railway workers;
- young mothers, etc.
The identification of social groups can occur according to various criteria. Moreover, some traits can both group people and separate them. Thus, male and female students of the same course can be considered as one generalized or two separate social groups. It all depends on your specific goals.
A person’s attitude to a certain social group allows us to judge his interests, needs and behavioral characteristics. However, some individuals use such information to incite hatred, demonstrating bias against representatives of a certain profession or people with certain interests. In this case, the aggressor does not have any additional information about the person. The very fact that he belongs to a certain social group is enough for him.
What punishment and responsibility are provided?
Article 282 has two parts that differ in the qualifying characteristics of the crime committed.
The first part includes any actions whose purpose is to incite national hatred and humiliate a person’s dignity on any basis, committed through the media or the Internet.
Punishment provides three options:
- Fine from 300,000 to 500 thousand rubles;
- Forced labor from one to 4 years;
- Imprisonment for 2-5 years.
If a criminal held a position important to the life of society, he may receive a ban on holding such positions for one to three years.
The second part of Article 282 takes into account the aggravating circumstances described above. If they are qualified for this crime, then the punishment will be as follows:
- Fine from 300,000 to 600 thousand rubles;
- Forced labor from two to five years with an accompanying ban on holding important positions;
- Imprisonment for 3-6 years.
The main criteria that the court uses to assess what has been committed are the consequences of the crime and the degree of its cruelty.
Sometimes the responsibility for inciting hatred can be milder. A person can be fired, deprived of bonuses, given a reprimand or disciplinary action. But if after that he continues to spread ideas of hostility, then the second punishment will be more severe.
In Russia
Article 59-7 of the Criminal Code of the RSFSR of 1926 provided (as amended by the Resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR of May 20, 1930) punishment for inciting ethnic hatred, up to and including execution:
Propaganda or agitation aimed at inciting national or religious hatred or discord, as well as distribution or production and storage of literature of the same nature, entail imprisonment for up to two years.
The same actions in a war situation or during mass unrest entail imprisonment for a term of at least two years, with confiscation of all or part of the property, with an increase, in especially aggravating circumstances, up to the highest measure of social protection - execution with confiscation of property.
The verdict of the Chelyabinsk Regional Court of April 6, 1942 imposing the defendant 8 years in prison under Articles 58-10 and 59-7 of the Criminal Code of the RSFSR
This article in practice was sometimes used together with Article 58-10 of the Criminal Code of the RSFSR of 1926. An example is the verdict of the Chelyabinsk Regional Court of April 6, 1942, by which a citizen was sentenced to 8 years under Articles 58-10 and 59-7 of the Criminal Code of the RSFSR.
In the Criminal Code of the Russian Federation, punishment for such acts is contained in the chapter on crimes against the foundations of the state system and state security.
Article 29 of the Constitution of the Russian Federation states that
Propaganda or agitation that incite social, racial, national or religious hatred or enmity is not permitted. Promotion of social, racial, national, religious or linguistic superiority is prohibited.
According to Part 1 of Article 282 “Inciting hatred or enmity, as well as humiliation of human dignity” of the Criminal Code of the Russian Federation as amended by Federal Law No. 162-FZ of December 8, 2003,
Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or a group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly or with using the media is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or compulsory labor for a term of up to one hundred and eighty hours, or correctional labor for a term of up to one year, or imprisonment for a term of up to two years.
Thus, one of the ways to commit this crime is to disseminate information in the media, which increases the likelihood that statements inciting ethnic hatred will become known to a large audience.
The crime is considered completed from the moment of public statements or appearance in the media, regardless of whether or not someone has a feeling of hostility towards a particular nationality. The subject of a crime can be any person over 16 years of age.
The motives for criminal actions can be political, nationalistic, or personal.
Who is responsible and in what situations?
Quite a lot of actions fall under the article of inciting hatred. Any attempts to make other people dislike someone based on their nationality, gender, religion and even social status can be classified under the law of inciting hatred.
The one who expressed and published calls for hatred or committed other actions based on these ideas bears personal responsibility. The only legal requirement for prosecution is the age of the offender. He must be at least 16 years old.
Where to go and how to prove it?
To bring to justice a person who spreads ideas of hatred and enmity, you need to write a statement to the police. But first it is necessary to collect evidence of illegal actions:
- Audio and video recordings of statements or actions;
- Witness statements;
- Printed materials or links on the Internet to articles containing calls for ethnic, racial or other hatred. The author of the articles must be a suspect in the crime.
All these materials must be attached to the application to the police.
What is extremism?
Extremism, to put it briefly and clearly, is inciting hatred and enmity, as well as humiliating the dignity of another person.
Such extremely intolerant actions must take place against the background of the following differences:
- Sexual;
- Racial;
- National;
- Language;
- Issues of origin;
- Belonging to social groups;
- Religious.
Article 282 of the Criminal Code of the Russian Federation assumes that this act was committed in a public manner . That is, insults or attempts to incite hostility occur through the media or via the Internet.
In order for a crime to be recognized as extremism, the illegal statement must be addressed to an indefinite number of people.
Legal regulation of extremism
Calls to extremism and, in particular, calls to violence are regulated not only by Article 282 of the Criminal Code of the Russian Federation. In the code itself, issues of extremism are reflected further in Art. 282.1, Art. 282.2 and Art. 282.3.
They consider the following aspects:
- 282.1 – Organization of an extremist community;
- 282.2 – Organization of the activities of an extremist organization;
- 282.3 – Financing of extremism.
In addition, in our country in 2002, a special Federal Law No. 114 “On combating extremist activities” was created.
The Law on Combating Extremism established the definition of a large number of concepts in the field of extremism and paid attention to issues of prevention and active counteraction to such activities. The law stipulates, among other things, the powers of the department for combating extremism.
Arbitrage practice
Today, despite the many cases of incitement to hatred, a relatively small number of people are responsible for them. Russian courts issue only a few hundred such verdicts per year.
Most often this is a punishment for posting on the Internet. The subjects, for the most part, are representatives of radical far-right movements and Islamic fundamentalists.
There is also one legal problem related to the inaccuracy of the interpretation of the concept of extremism. Therefore, specific crimes are not always interpreted in the same way. But the international practice of interpreting extremism is connected precisely with determining the presence of xenophobic and nationalist appeals. Therefore, there are precedents for such court cases in Russia. For example, the case of blogger Anton Nosik, who supported Russian airstrikes in Syria, repeatedly expressed a derogatory assessment of the Syrians as a nation.
Law on inciting ethnic hatred (what article is in the Criminal Code of the Russian Federation?)
Legislators and legal theorists have long considered this article one of the most terrible, because, in fact, such a crime can easily lead to civil war, which means it can take the lives of thousands of innocent people.
The Criminal Code of the Russian Federation of our country has long contained a norm that gives the concept of this crime and provides for punishment for it. This is article 282 .
Thus, this crime is certainly criminally punishable .
What else needs to be kept in mind when faced with such a crime?
First of all, it is necessary to understand that committing such a crime entails irreversible consequences in the form of death and serious harm to health, which is why it must be stopped immediately.
Legal comment
In practice, inciting ethnic hatred usually goes through several stages:
- Household level. This is the spread of rumors about the shortcomings allegedly inherent in a particular nation. Such rumors are usually spread in person or through social networks;
- Propaganda in the media. In this case, these same rumors are conveyed to a wide audience and presented in the form of facts, which makes it possible to manipulate people’s opinions;
- State level. This is a deliberate policy to pit representatives of different nations or population groups against each other. It takes the form of speeches at rallies, and over time can lead to military conflicts.
In all cases, the goal of the law enforcement system is to suppress such manifestations of hatred, since they have the ability to unite supporters under radical slogans and encourage them to radical actions.
