«Disrespect for religious people’s feelings» as the aim of offences against freedom of religion (Article 148 of the Criminal Code of the Russian Federation): problems of legislative technique

Abstract

The article concerns the topic of rightness of the lawmaker regarding disrespect for religious peoples feelings as the aim of offences against freedom of religion. As research material the provisions of Article 148, 282 of the Criminal Code of the Russian Federation were used applying which causes corresponding problems. The chosen topic relevance is explained by the questions as to application of Article 148 of the Criminal Code of the Russian Federation provoked by its change in 2013. Science novelty is attributed to lack of theoretical research of the juridical-technique drafting and application features of provisions concerning offences against freedom of religion. The research purpose is to analyse the aim factor of disrespect for religious peoples feelings as regards fulfilment of the quality requirements of the law, principles of justice and equal treatment under the law. Based on regulations of the criminal-law science the problems of legislative technique relating to the aim of disrespect for religious peoples feelings are demonstrated. The creators have expressed the opinion that non-standard use of the term disrespect to describe mens rea, not actus reus and also generic nature of the religious peoples feeling criterion are not defects. Particular recommendations were proposed that allow defining whether it was attempted to defile religious values. It was concluded that the most important shortcoming of the current legislative definition of the disrespect for religious peoples feelings aim is that it causes unreasonable inequality of religious people and atheists, religious and other socially vital feelings under the criminal law.