PECULIARITIES OF THE CRIMINAL LAW IN THE CONTEXT OF INCITEMENT TO NATIONAL, REGIONAL, RACIAL OR RELIGIOUS HATRED AND ENMITY1

Abstract

The purpose of the article is to study the current legislation in the field of
criminal law protection of the equality of citizens against discrimination and the
spread of hate speech. It has been established that inciting national, ethnic, racial
or religious enmity and hatred, especially in the conditions of access to a wide
audience with the help of mass media, is one of the most dangerous forms of
human behavior that provokes the commission of even more dangerous crimes in
the future, in particular, the unleashing of aggressive wars, genocide.
During the analysis of international legal norms and national legislation on
the prevention of discrimination, the presence of significant limitations in the
application of Art. 161 of the Criminal Code of Ukraine regarding the incitement of
hate speech and hatred against the Ukrainian nation committed by foreigners and
stateless persons outside the territory of Ukraine, including in the media.
The proposed changes to the current criminal legislation will allow to avoid
the gaps that exist today and will allow to ensure the criminal law protection of
the equality of citizens and protection against the spread of hate and hate speech
in the media.