Hate Crimes: International, Regional, Economic, And National Aspects

The subject of this study is the scientific and practical problems of defining the definition of "hate crime" in international, regional and domestic legal systems. General scientific, interdisciplinary and special scientific methods were used in the process of research. Thus, logical and systematic methods allowed us to select and analyze the information on the topic of research. Specific sociological method allowed to determine the social determinants of the existence of this type of crime. The formal-legal method allowed us to trace the level of institutionalization of hate crimes and formulate definitions of legal concepts and categories. The comparative legal method allowed for a comparison of international, regional and national legislation on combating intolerance and combating hate crimes. The purpose of this article is to identify the key areas for the formation of an active legal policy aimed at increasing the capacity to combat hate crimes. Analysis of experience in combating intolerance and discrimination and the development of proposals for improving domestic legislation. The main stages of the formation, development and legalization of hate crimes are highlighted. Such crimes in the modern world are considered to be the most dangerous type of criminal acts. Factors associated with the acquisition of the character of hate crime as an acute social problem since the second half of the 20th century are named. The main recommendations of modern human rights institutions regarding the fight against these crimes are considered. The most important guarantees of prevention of any human discrimination in the future, which are reflected in the international agreements on human rights and enshrined in the constitutions of modern states, are analyzed. The practice of the European Court of Human Rights in this direction is considered. The legal regulation of hate crimes in the national legislation of Ukraine is analyzed. It is emphasized that the main directions of implementation of domestic legal policy in the field of combating discrimination are carried out in accordance with the provisions of the Constitution of Ukraine, sectoral legislation and international obligations of Ukraine. Statistical data characterizing the level of hate crimes in the national legal system is presented. The characteristics of hate crimes are studied. It is emphasized that the motive itself is of key importance in establishing the corpus delicti and the correct qualification of hate crimes. It was concluded that the list of aggravating circumstances for hate crimes should be clearly defined at the national legislative level, which would avoid ambiguous interpretations of the wording contained in the articles of the Criminal Code of Ukraine providing for punishment for crimes committed on the grounds of intolerance. It was stressed that an effective response to hate crimes is necessary in order to prevent such crimes from becoming a serious public threat. In the opinion of the authors, such a problem can be solved through legal education of Ukrainian society and the formation of a culture of tolerant and respectful attitudes toward all people. It is the duty of a modern state to ensure the adoption of appropriate national legislation, the collection of statistical data, and the thorough investigation and prosecution of hate crimes.