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Article

Противодействие преступлениям ненависти: американский опыт

Есаков Г. А., Коробеев А. И.

The article is devoted to the ‘hate crimes’ concept in the American criminal law. The discussion is concerned around the definition of the hate crimes and its development in the history of criminal legislation; statistical data are briefly analyzed. Authors describe the specific features of modelling the hate crimes in the federal criminal law and criminal legislation of states summarizing two main approaches, namely creation the specific aggravated crime or alternatively specific rules of applying punishment for hate motivated crime. The constitutional and social issues concerning the hate crimes concept are also analyzed in the article including the problem of infringement of the freedom of speech in context of criminalizing the hate motivated crimes. The authors delineate the parallels with the extremist crimes in the Russian criminal law.