Prohibition of war propaganda in international and Russian law
Introduction: the article examines the content of the international prohibition of propaganda for war, the procedure for fixing the prohibition in Russian law, as well as the imperfection of criminal legislation, including liability for public calls to unleash a war of aggression. Purpose: to ana...
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| Format: | Article |
| Language: | English |
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Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)
2023-06-01
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| Series: | Пенитенциарная наука |
| Subjects: | |
| Online Access: | https://jurnauka-vipe.ru/media/filer_public/4e/a9/4ea99c7f-627a-4a3a-bc37-bbd07bd2507a/ps_tom_17_3_dzeitova_rb_angl.pdf |
| _version_ | 1797665222480101376 |
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| author | Dzeitova R.B. |
| author_facet | Dzeitova R.B. |
| author_sort | Dzeitova R.B. |
| collection | DOAJ |
| description | Introduction: the article examines the content of the international prohibition
of propaganda for war, the procedure for fixing the prohibition in Russian law, as
well as the imperfection of criminal legislation, including liability for public calls to
unleash a war of aggression. Purpose: to analyze history of the formation of the
international prohibition of war propaganda and its content, compare it with the
regulation of this prohibition in Russian law, especially in criminal legislation, and
suggest ways to improve the latter. Methods: historical and systematic methods, as
well as comparative legal and formal legal methods, were used to solve the tasks.
Results: the article shows the work of international conferences on the unification
of criminal law, launched in the first half of the 20th century, and the activity of the
League of Nations that adopted an important international document in the field of
prohibition of propaganda for war in peacetime in 1936, namely, the International
Convention Concerning the Use of Broadcasting in the Cause of Peace. After
the establishment of the United Nations, the prohibition of war propaganda was
finally fixed in the International Covenant on Civil and Political Rights of 1966,
developed by the Human Rights Committee. The analysis of Russian legislation
shows that such a prohibition is contained in various branches of law, for example,
in constitutional law. Moreover, Article 354 of the Criminal Code contains crime
elements of public calls for unleashing a war of aggression. Conclusion: despite
this prohibition is present in various branches of Russian law, we have identified
the imperfection of this criminal law ban. The domestic legislator has formulated
crime elements of public calls for unleashing a war of aggression too narrowly;
the author of the article suggests ways to eliminate this shortcoming through
additional criminalization of propaganda for aggression against states.
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| first_indexed | 2024-03-11T19:40:50Z |
| format | Article |
| id | doaj.art-bbf1e90af78d4222aa52daee97601609 |
| institution | Directory Open Access Journal |
| issn | 2686-9764 2782-1986 |
| language | English |
| last_indexed | 2024-03-11T19:40:50Z |
| publishDate | 2023-06-01 |
| publisher | Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia) |
| record_format | Article |
| series | Пенитенциарная наука |
| spelling | doaj.art-bbf1e90af78d4222aa52daee976016092023-10-06T12:39:00ZengFederal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)Пенитенциарная наука2686-97642782-19862023-06-01172 (62)26527210.46741/2686-9764.2023.63.3.004Prohibition of war propaganda in international and Russian law Dzeitova R.B.0https://orcid.org/0009-0002-7083-9955Analytical Center of Criminal Law and CriminologyIntroduction: the article examines the content of the international prohibition of propaganda for war, the procedure for fixing the prohibition in Russian law, as well as the imperfection of criminal legislation, including liability for public calls to unleash a war of aggression. Purpose: to analyze history of the formation of the international prohibition of war propaganda and its content, compare it with the regulation of this prohibition in Russian law, especially in criminal legislation, and suggest ways to improve the latter. Methods: historical and systematic methods, as well as comparative legal and formal legal methods, were used to solve the tasks. Results: the article shows the work of international conferences on the unification of criminal law, launched in the first half of the 20th century, and the activity of the League of Nations that adopted an important international document in the field of prohibition of propaganda for war in peacetime in 1936, namely, the International Convention Concerning the Use of Broadcasting in the Cause of Peace. After the establishment of the United Nations, the prohibition of war propaganda was finally fixed in the International Covenant on Civil and Political Rights of 1966, developed by the Human Rights Committee. The analysis of Russian legislation shows that such a prohibition is contained in various branches of law, for example, in constitutional law. Moreover, Article 354 of the Criminal Code contains crime elements of public calls for unleashing a war of aggression. Conclusion: despite this prohibition is present in various branches of Russian law, we have identified the imperfection of this criminal law ban. The domestic legislator has formulated crime elements of public calls for unleashing a war of aggression too narrowly; the author of the article suggests ways to eliminate this shortcoming through additional criminalization of propaganda for aggression against states. https://jurnauka-vipe.ru/media/filer_public/4e/a9/4ea99c7f-627a-4a3a-bc37-bbd07bd2507a/ps_tom_17_3_dzeitova_rb_angl.pdfa war of aggressionpropaganda for warpropaganda for aggressionpublic callsunleashing a war of aggressioncriminal liabilitycrime elements |
| spellingShingle | Dzeitova R.B. Prohibition of war propaganda in international and Russian law Пенитенциарная наука a war of aggression propaganda for war propaganda for aggression public calls unleashing a war of aggression criminal liability crime elements |
| title | Prohibition of war propaganda in international and Russian law |
| title_full | Prohibition of war propaganda in international and Russian law |
| title_fullStr | Prohibition of war propaganda in international and Russian law |
| title_full_unstemmed | Prohibition of war propaganda in international and Russian law |
| title_short | Prohibition of war propaganda in international and Russian law |
| title_sort | prohibition of war propaganda in international and russian law |
| topic | a war of aggression propaganda for war propaganda for aggression public calls unleashing a war of aggression criminal liability crime elements |
| url | https://jurnauka-vipe.ru/media/filer_public/4e/a9/4ea99c7f-627a-4a3a-bc37-bbd07bd2507a/ps_tom_17_3_dzeitova_rb_angl.pdf |
| work_keys_str_mv | AT dzeitovarb prohibitionofwarpropagandaininternationalandrussianlaw |