The Evaluation Categories in the Disposition of Part 1 of Article 148 of Criminal Code of Russin Federation "Violation of Freedom of Worship”

The article discusses the evaluation categories of the disposition of part 1 of article 148 of the Criminal Code of the Russian Federation. The authors draw attention to the problem of the lack of any legal definitions of such categories as “insult”, “religious people”, “religious feelings”, “publicity” and contempt of society”. The doctrinal definitions of these categories are described in the article. The authors also remark some problems with these definitions from the legal point of view. The examples of particular legal cases are analyzed and the results of misinterpreting of the essences of the before mentioned terms by the law enforcement authorities are described. The authors compare the disposition of part 1 of article 148 of the Criminal Code of the Russian Federation with the dispositions of article 213 of the Criminal Code of the Russian Federation and article 5.26 of the Code of the Russian Federation on Administrative Offences. The authors suggest solutions to the problems discussed. For example, the idea of explaining some terms in the Resolutions of the Plenum of the Supreme Court of the Russian Federation or in the Federal Law «On Freedom of Conscience and Religious Associations».

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Publication Details

Journal
Legal Linguistics
Published
2025-10-01
DOI
https://doi.org/10.14258/leglin(2025)3715
Primary Topic
Legal and Regulatory Analysis
Type
article
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article

The Evaluation Categories in the Disposition of Part 1 of Article 148 of Criminal Code of Russin Federation "Violation of Freedom of Worship”

Anna Bozhenova, Vladislav Erahmilevich
Legal Linguistics
Legal and Regulatory Analysis
article

The Evaluation Categories in the Disposition of Part 1 of Article 148 of Criminal Code of Russin Federation "Violation of Freedom of Worship”

Anna Bozhenova, Vladislav Erahmilevich
article en

Abstract

The article discusses the evaluation categories of the disposition of part 1 of article 148 of the Criminal Code of the Russian Federation. The authors draw attention to the problem of the lack of any legal definitions of such categories as “insult”, “religious people”, “religious feelings”, “publicity” and contempt of society”. The doctrinal definitions of these categories are described in the article. The authors also remark some problems with these definitions from the legal point of view. The examples of particular legal cases are analyzed and the results of misinterpreting of the essences of the before mentioned terms by the law enforcement authorities are described. The authors compare the disposition of part 1 of article 148 of the Criminal Code of the Russian Federation with the dispositions of article 213 of the Criminal Code of the Russian Federation and article 5.26 of the Code of the Russian Federation on Administrative Offences. The authors suggest solutions to the problems discussed. For example, the idea of explaining some terms in the Resolutions of the Plenum of the Supreme Court of the Russian Federation or in the Federal Law «On Freedom of Conscience and Religious Associations».

Legal Linguistics(37 (48))
Openalex Percentile: Top 72%
Legal and Regulatory Analysis
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