On the Social Conditionality of Criminal Law Norms Provided for in Article 212 of the Criminal Code of the Russian Federation

The purpose of the publication is to show the issues of social conditionality of the establishment in Article 212 of the Criminal Code of the Russian Federation of responsibility for preparing a person for organizing mass riots or participating in them; inducement, recruitment or other involvement of a person in committing actions, as well as the passage of training by a person knowingly for a student conducted for the purpose of organizing mass riots or participation in them. Conclusions obtained during the study. The legislator, when establishing criminal liability for preparing a person for organizing mass riots or participating in them, inducing, recruiting or otherwise involving a person in the commission of actions provided for in Article 212 of the Criminal Code of the Russian Federation, as well as the passage of training by a person, obviously for a student conducted for the purpose of organizing or participating in them, did not fully take into account the principles of systematic criminal legislation and differentiation of criminal liability. This has led to an inadequate assessment of the public danger of the acts committed, in particular, for activities that actually constitute preparation for mass riots, for which a more severe punishment is provided than for participation in mass riots. According to the authors, this contradiction should be eliminated. In addition, the authors propose independent responsibility for calls for mass riots, as well as calls for violence against citizens (now these acts are provided for in Part 3 of Article 212 of the Criminal Code of the Russian Federation). The scientific significance of the publication lies in the fact that it makes a certain contribution to the criminal legal counteraction to mass riots, allows for more differentiated responsibility for various forms of this crime. The practical significance of the publication lies in the fact that it contributes to the legislative process related to the criminalization of acts in the field of public security, as well as the application of criminal law norms providing for responsibility for their commission.

mass riots, criminal liability, criminal law prohibition, social conditionality