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RESEARCH (EXPERT EXAMINATIONS) IN CASES RELATED TO THE DESECRATION OF THE MEMORY OF DEFENDERS OF THE FATHERLAND

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PDF: Author(s): K. R. Kirushin, L. M. Galiev,
Number of journal: 4(57) Date: November 2021
Annotation:

There is a strong focus on forensic examinations of material implicated in the offence of commemorating the defenders of the Fatherland. Often such signs find their expression in propaganda and public demonstration of Nazi attributes or symbols. The historical memory of the Great Patriotic War is strictly protected in Russian courts. At the same time, a separate set wording of the composition of the rehabilitation of Nazism and the article on the demonstration of Nazi symbols. However, judicial practice has faced the problem of recognizing the objective side of an offense or a crime as reliable evidence. Information networks have become the main hub for the distribution of Nazi paraphernalia or symbols, to the exclusion of educational and awareness-raising goals. Open propaganda and public display lead to the destabilization of the public life, which subsequently results in the internal political instability, tense social situation, threatens the unity and territorial integrity of Russia. The judicial practice for administrative offences relating to the desecration of the memory of defenders of the Fatherland amounts to more than 2,500 cases annually. Most of these offenses occur on the Internet, in the virtual space. Violators believe that anonymity will leave them without punishment from the law enforcement system. The use of forensic examinations in the investigation of these cases allows us to establish the presence or absence of signs of propaganda and public demonstration of Nazi paraphernalia or symbols. It is the research of specialists that becomes the fundamental evidence in court, which meets the requirements of objectivity, comprehensiveness and completeness of the research itself.

Keywords:

forensic examination, commemorating the defenders of the Fatherland, Nazi attributes or symbols, administrative law, administrative responsibility, countering extremism, judicial practice, propaganda, appeals, educational goals

For citation:

Galiev L. M., Kirushin K. R. Research (expert examinations) in cases related to the desecration of the memory of defenders of the Fatherland. Business. Education. Law, 2021, no. 4, pp. 236—241. (In Russ.) DOI: 10.25683/VOLBI.2021.57.436.