University proceedings. Volga region. Social sciences
Background. The crime provided for in Article 148 of the Criminal Code of the Russian Federation causes problems in qualification due to the ambiguity of the object ofthis criminal encroachment. The positions of scientists on this issue vary, which negatively affects the prosecution of the perpetrat...
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| Format: | Article |
| Language: | English |
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Penza State University Publishing House
2025-03-01
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| Series: | Известия высших учебных заведений. Поволжский регион: Общественные науки |
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| _version_ | 1850091992593203200 |
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| author | I.А. Efremova |
| author_facet | I.А. Efremova |
| author_sort | I.А. Efremova |
| collection | DOAJ |
| description | Background. The crime provided for in Article 148 of the Criminal Code of the Russian Federation causes problems in qualification due to the ambiguity of the object ofthis criminal encroachment. The positions of scientists on this issue vary, which negatively affects the prosecution of the perpetrator and the achievement of the goals of punishment and the objectives of the criminal law, including the prevention of crimes. The purpose of the study is to analyze the criminal legal protection of violations of the right to freedom of conscience and religion. Materials and methods. Along with the universal method of cogni-tion, general scientific and private scientific methods were used: statistical method, system-structural analysis, analytical research. Results. The analysis of the criminal legal protection of the crime provided for in Article 148 of the Criminal Code of the Russian Federation is presented, the concepts of the objects of crime are outlined, the differentiation of the con-sidered act of the object “vertically” is considered, the right to freedom of conscience and the right to freedom of religion are determined. Conclusions. The criminal law norm pro-vided for by art. 148 of the Criminal Code of the Russian Federation, has a low level of application due to a variety of reasons, which include qualification problems caused by the ambiguity of the object of encroachment. The concept of the object of violation of the right to freedom of conscience and religion assumes a three-tier structure, including generic, spe-cific and direct objects. Difficulties in determining the object of the analyzed act are also caused by the fact that when they are |
| format | Article |
| id | doaj-art-10bdae69e09e4b73ba4e84cd95a03a56 |
| institution | DOAJ |
| issn | 2072-3016 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Penza State University Publishing House |
| record_format | Article |
| series | Известия высших учебных заведений. Поволжский регион: Общественные науки |
| spelling | doaj-art-10bdae69e09e4b73ba4e84cd95a03a562025-08-20T02:42:14ZengPenza State University Publishing HouseИзвестия высших учебных заведений. Поволжский регион: Общественные науки2072-30162025-03-014708110.21685/2072-3016-2024-4-6University proceedings. Volga region. Social sciencesI.А. Efremova0Saratov State Law AcademyBackground. The crime provided for in Article 148 of the Criminal Code of the Russian Federation causes problems in qualification due to the ambiguity of the object ofthis criminal encroachment. The positions of scientists on this issue vary, which negatively affects the prosecution of the perpetrator and the achievement of the goals of punishment and the objectives of the criminal law, including the prevention of crimes. The purpose of the study is to analyze the criminal legal protection of violations of the right to freedom of conscience and religion. Materials and methods. Along with the universal method of cogni-tion, general scientific and private scientific methods were used: statistical method, system-structural analysis, analytical research. Results. The analysis of the criminal legal protection of the crime provided for in Article 148 of the Criminal Code of the Russian Federation is presented, the concepts of the objects of crime are outlined, the differentiation of the con-sidered act of the object “vertically” is considered, the right to freedom of conscience and the right to freedom of religion are determined. Conclusions. The criminal law norm pro-vided for by art. 148 of the Criminal Code of the Russian Federation, has a low level of application due to a variety of reasons, which include qualification problems caused by the ambiguity of the object of encroachment. The concept of the object of violation of the right to freedom of conscience and religion assumes a three-tier structure, including generic, spe-cific and direct objects. Difficulties in determining the object of the analyzed act are also caused by the fact that when they arefreedom of consciencefreedom of religioncriminal law protectionobject of crimecorpus delictipublic danger |
| spellingShingle | I.А. Efremova University proceedings. Volga region. Social sciences Известия высших учебных заведений. Поволжский регион: Общественные науки freedom of conscience freedom of religion criminal law protection object of crime corpus delicti public danger |
| title | University proceedings. Volga region. Social sciences |
| title_full | University proceedings. Volga region. Social sciences |
| title_fullStr | University proceedings. Volga region. Social sciences |
| title_full_unstemmed | University proceedings. Volga region. Social sciences |
| title_short | University proceedings. Volga region. Social sciences |
| title_sort | university proceedings volga region social sciences |
| topic | freedom of conscience freedom of religion criminal law protection object of crime corpus delicti public danger |
| work_keys_str_mv | AT iaefremova universityproceedingsvolgaregionsocialsciences |