| Abstrakt: |
The article analyzes the practice of considering cases under Art. 161 of the Criminal Code of Ukraine, which provides for liability for violations of the equality of citizens depending on their racial, national, regional affiliation, religious beliefs, disability and other characteristics. According to the results of the monitoring of court decisions, placed in the State Register of Court Decisions for the period from January 1, 2019 to August 2024, 45 convictions were found. It was established, that the majority of persons were convicted under Part 1 of Art. 161 of the Criminal Code of Ukraine. The most typical forms of actions were identified as signs of the objective side of this crime, the most ways of committing them and a number of «traditional» criminal offenses, that are committed together with this crime. In particular, it was established, that the most common forms of socially dangerous actions, which were directed at inciting national, religious enmity and hatred, on humiliating the national honor and dignity of Ukrainians and Jews. The addressees of the actions, which consisted in offending the feelings of citizens in connection with their religious beliefs, were parishioners of the Orthodox Church of Ukraine. Based on the analysis of the sentences, certain trends regarding the punishment of guilty persons were revealed. In particular, it was noted that in most cases a fine was imposed, mostly from 200 to 600 non-taxable minimum income of citizens, as well as the fact that when imposing imprisonment, the courts actively applied the institution of exemption from serving a sentence with probation. For the purpose of ascertainment of the features of the portrait of the criminal, the data analysis of the report «On persons, who have committed criminal offenses» for 2017-2023 was carried out. As a result, socio-demographic and criminal-legal characteristics of the perpetrator were summarized. In particular, the number of detected under Art. 161 of the Criminal Code of Ukraine of persons, their structure by gender, age, citizenship, education, employment, presence/absence of a criminal record, features of the commission of the crime (perpetration with complicity, in a state of intoxication). Individual characteristics, such as a person's place of birth, marital status, were established on the basis of the monitoring of sentences. As a result of the generalization of these data, a portrait of the criminal was outlined. [ABSTRACT FROM AUTHOR] |
