Laba S. Criminal liability for propaganda of the communist and Nazi totalitarian regimes.

Laba S. V. Criminal liability for propaganda of the communist and Nazi totalitarian regimes. – Qualifying scientific work on the rights of a manuscript. Thesis for the degree of Doctor of Philosophy (081 «Law.») – Lviv State University of Internal Affairs, 2023. The dissertation is a study of criminal law protection of peace and security of mankind from the criminal unlawful ideology of totalitarianism in terms of preventing the repetition of crimes of the communist and Nazi totalitarian regimes. As a result, it is proposed to increase the scope of symbols of the national socialist (Nazi) totalitarian regimes by providing in paragraph 5 of Article 1 of the Law of Ukraine «On Condemnation of Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Propaganda of Their Symbols» of April 9, 2015, liability for the distribution or public use of images, inscriptions devoted to events related to the activities of NSDAP units (SS (Schutzstaffeln)); Nazi greetings «Heil Hitler», «Sieg Heil»; images, monuments, memorials, inscriptions dedicated to persons who held senior positions in the highest state authorities of Germany and who were found guilty of crimes against humanity by the International Military Tribunal. The author substantiates the need to expand the scope of the criminal law prohibition of propaganda of communist and Nazi totalitarian regimes by providing for liability for public calls for the development of communist and national socialist (Nazi) totalitarian regimes, public denial or justification of crimes of communist or national socialist (Nazi) totalitarian regimes recognized at the national and/or international level. The most significant results of this study are aimed at serving the theory of criminal law and law enforcement. Chapter 1 analyses the state of theoretical research on criminal liability for propaganda of the communist and Nazi totalitarian regimes, which made it possible to highlight the provisions which are generally recognized, as well as those which have received due attention from individual authors. The issues that remain unresolved are briefly outlined, in particular: the features of the concepts of «communist totalitarian regime» and «national socialist totalitarian regime»; what is the difference between criminal propaganda and public calls for socially dangerous actions; whether it is appropriate to criminalize the production of symbols of totalitarian regimes; whether there is a need to expand the boundaries of the criminal prohibition of propaganda for the communist and Nazi totalitarian regimes; whether public performance of anthems is a form of public use of symbols; whether the Internet is a media outlet for which propaganda is recognized as a qualifying circumstance. Chapter 2 provides a legal analysis of the composition of propaganda of the communist and Nazi totalitarian regimes. The author argues that the direct object of the crime under Article 436-1 of the Criminal Code of Ukraine should be considered social relations aimed at protecting peace and security of mankind from the criminal unlawful ideology of totalitarianism in terms of preventing the repetition of crimes of the communist and Nazi totalitarian regimes. The author analyses the subject matter of the crime, which, according to Part 1 of Article 436-1 of the Criminal Code of Ukraine, is the symbolism of the communist and Nazi totalitarian regimes. The author substantiates that the sanction of Article 436-1 of the Criminal Code of Ukraine does not correspond to the typical public danger and should be less severe. As a result, the author suggests ways to improve the Criminal Code of Ukraine in terms of regulating the criminal law prohibition of totalitarianism propaganda.