Desecration of the State flag or the State emblem of the Russian Federation: certain issues of qualification

Currently, in the modern world, due to the complex and tense political situation, attempts are often made in various ways to destroy the established constitutional system and offend the honor and dignity of the Russian Federation. One of these methods is the desecration of state symbols, which is an integral part of any state, reflecting its ideology. This article is devoted to the specifics of the qualification of a crime under Article 329 of the Criminal Code of the Russian Federation. The relevance of the topic lies in the fact that certain issues of qualification of abuse of state symbols are not actually sanctified in the scientific literature today or are only fragmentary. The authors analyzed the specifics of the basis of criminal liability for abuse of state symbols, summarized judicial and investigative practice. Based on the studied practice, the authors put forward recommendations on the qualification of the analyzed act and the proposal of the law.

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Publication Details

Journal
Juridical Journal of Samara University
Published
2024-11-08
DOI
https://doi.org/10.18287/2542-047x-2024-10-3-55-61
Primary Topic
Legal and Policy Issues
Type
article
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article

Desecration of the State flag or the State emblem of the Russian Federation: certain issues of qualification

Andrey Tumanov, M. S. Zvyagintseva
Juridical Journal of Samara University
Legal and Policy Issues
article

Desecration of the State flag or the State emblem of the Russian Federation: certain issues of qualification

Andrey Tumanov, M. S. Zvyagintseva
article en

Abstract

Currently, in the modern world, due to the complex and tense political situation, attempts are often made in various ways to destroy the established constitutional system and offend the honor and dignity of the Russian Federation. One of these methods is the desecration of state symbols, which is an integral part of any state, reflecting its ideology. This article is devoted to the specifics of the qualification of a crime under Article 329 of the Criminal Code of the Russian Federation. The relevance of the topic lies in the fact that certain issues of qualification of abuse of state symbols are not actually sanctified in the scientific literature today or are only fragmentary. The authors analyzed the specifics of the basis of criminal liability for abuse of state symbols, summarized judicial and investigative practice. Based on the studied practice, the authors put forward recommendations on the qualification of the analyzed act and the proposal of the law.

Juridical Journal of Samara UniversityVol. 10(3)
Ministry of Internal Affairs of the Russian Federation (RU), Moscow University of the Ministry of Internal Affairs of Russia
Openalex Percentile: Top 60%
Legal and Policy Issues
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