Normative and Legal Aspects and Doctrinal Approaches to Understanding the Phenomena of Hatred, Hostility, and Humiliation of Dignity

Abstract

The article examines the normative and legal foundations and doctrinal approaches to understanding the phenomena of hatred, hostility, and humiliation of human dignity in Russian and foreign law. A historical and legal analysis of the evolution of relevant concepts from ancient law to international humanitarian regulation is carried out. The authors pay particular attention to the problem of interpreting the subjective side of acts, the delineation of criminal and administrative liability, as well as ideological risks associated with selective law enforcement. The need for normative specification of the compositions and strengthening of guarantees of freedom of expression is argued. It is concluded that the normative regulation in this area should combine the protection of human dignity with the preservation of the fundamental principles of legal certainty, proportionality and neutrality of the law.