The thesis is devoted to the study of the problems of criminal liability for acts committed on the basis of religious intolerance and enmity.
The new Criminal Code of Ukraine in 2001 provided, at the time of its entry into force, had few norms that established responsibility for violations related to infringement of freedom of worldview and religion, that is, were due to religious motives. Criminal offenses in which there is a religious motive in the actions of the guilty person are contained in several sections of the Special Part of the Criminal Code of Ukraine. This is Section I (part 2 of Art. 110 of the Criminal Code of Ukraine), Section II (Clause 14, Part 2 of Art. 115, Part 2 of Art. 121, Part 2 of Art. 122, Part 2 of Art. 126, Part 2 of Art. 2 art. 127, part 2 art. 129 of the Criminal Code of Ukraine), section V (art. 161, articles 178-181 of the Criminal Code of Ukraine, section IX (art. 258 of the Criminal Code of Ukraine), section XII (art. 300 of the Criminal Code of Ukraine), section XX (Art. 442 of the Criminal Code of Ukraine).
The subject of a religiously motivated criminal offense can be divided into two groups. The first group is religious buildings in article 178 of the Criminal Code of Ukraine, religious shrines in article 179 of the Criminal Code of Ukraine. The second group consists of works promoting religious intolerance and discrimination in Article 300 of the Criminal Code of Ukraine. Criminal actions in the first group are associated with the destruction, damage to the items specified in the relevant articles of the Criminal Code of Ukraine, in the second group - with the creation of items that are illegal.
It is considered advisable to delete the words «houses of worship» from the text of Article 178 of the Criminal Code of Ukraine, because they are a constituent concept of «religious buildings».
The objective side of the compositions of religiously motivated criminal offenses is quite variegated, because in fact it includes two separate variants of criminal acts - firstly, this is causing harm to the life and health of the victims (clause 14, part 2 of article 115, part 2 of article 121, part 2 of article 122, part 2 of article 126, part 2 of article 129, article 181, article 258, article 442 of the Criminal Code of Ukraine); secondly, humiliation, insult and restriction of people's rights for signs of religious beliefs, manifestations of religious intolerance and incitement to hostility on the basis of religion, including by causing harm to objects specifically designed to satisfy religious needs (Articles 161, 178, 179, 180, 300 of the Criminal Code of Ukraine).
When it comes to such actions as «humiliation of national honor and dignity or insult to the feelings of citizens in connection with their religious beliefs, as well as direct or indirect restriction of the rights of citizens on the basis of race, color, political, religious and other beliefs», then in fact we are talking about the same actions specified in Article 120 of the Criminal Code of Ukraine. And the introduction of such a qualifying feature as motivated by racial, national or religious intolerance looks more logical and witty than in Articles 121 and 129 of the Criminal Code of Ukraine. Therefore, we propose to supplement the second part of Article 120 of the Criminal Code of Ukraine with the words «or for reasons of racial, national or religious intolerance».
Taking into account a certain disagreement with the positions of scientists on the determination of the objective side of the first part of Article 161 of the Criminal Code of Ukraine, we propose our own vision of the content of deliberate actions aimed at inciting religious hatred and hatred, which should be understood as spreading information in any way or openly addressing an undefined a circle of people in which ideas, views, inventions about the exclusiveness of their own religion and intolerance towards another religion and its representatives are expressed in order to cause a corresponding openly negative reaction from other people. Such actions should also include insulting the feelings of citizens in connection with their religious beliefs, which, accordingly, does not require a separate allocation in the disposition of Article 161 of the Criminal Code of Ukraine.
The motive of religious intolerance is largely an element of passive behavior, which can further develop into hostility, which is already a sign of active behavior, which leads to active, illegal actions aimed at a specific object of criminal law protection.
Criminal offenses are motivated by religious intolerance and enmity, often aimed at several objects of criminal law protection, therefore, they belong to different categories of criminal offenses, provides for a variety of sanctions proposed by the legislator.
