Beklemishcheva Y. Criminal legal characteristic of the manufacture, distribution of communist, Nazi symbols and the propaganda of communist and national socialist (Nazi) totalitarian regimes

The dissertation is devoted to a comprehensive study of the crime under Art. 436-1 of the Criminal Code of Ukraine «Production, dissemination of communist, Nazi symbols and propaganda of communist and national socialist (Nazi) totalitarian regimes». Study of the content: Act of Ukraine № 28.01.2014 of 735-VII «On Amendments to the Criminal Code of Ukraine on Liability for Denying or Justifying the Crimes of Fascism» Act of Ukraine № 9.04.2015 of 317-VIII «On Condemnation of Communist and Nationally Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Propaganda of their Symbols» and other normative acts regulating the process decommunization. It was concluded that the content of the Law of Ukraine «On the condemnation of communist and nationally socialist (Nazi) totalitarian regimes in Ukraine and the prohibition of the propaganda of their symbols» contained in article 436-1 of the Criminal Code of Ukraine. It was concluded that it was advisable and necessary to criminalize the manufacture, dissemination of communist, Nazi symbols and the propaganda of communist and nationally socialist (Nazi) totalitarian regimes. The objective, subjective and qualifying features of the crime provided for in article 436-1 of the Criminal Code are defined. The problems of the drafting of article 436-1 of the Criminal Code of Ukraine are identified, in particular regarding its name, the subject of the crime, the methods of implementing the objective side, as well as the purpose of this crime. A theoretical solution to the issues of criminal law characterization and the problems of characterization of a crime under article 436-1 of the Criminal Code has been proposed