Journal article Open Access

Status of Legal and Procedural Provision for Fighting Against Racial or National Discrimination in Ukraine

O.V. Olishevskyi

The article defines the state of legal and procedural support of counteracting the negative impact of information containing the promotion of racial or national discrimination. The article deals with the practice of criminal prosecution under Articles 161 ‘Violations of the equality of citizens depending on their racial, nationality, religious beliefs, disability and other grounds’, 300 ‘Importing, producing, or distributing acts promoting a cult of violence and violence, racial, national, or religious intolerance and discrimination’ and 442 ‘Genocide’ of the Criminal Code of Ukraine. We show that today in Ukraine there is a legal framework for combating the promotion of racial or national discrimination directly in the form of the Law of Ukraine ‘About Grounds of Prevention and Combating Discrimination in Ukraine’, Articles 161, 300 and 442 of the Criminal Code of Ukraine. In general, the situation is as follows. First, the number of crimes for which liability under Articles 161, 300 and 442 of the Criminal Code of Ukraine is negligible compared to the total number of registered criminal offenses. Secondly, we observe two diametrically opposite tendencies - according to Art. 161 of the Criminal Code increase, and under Art. 300 of the Criminal Code reduction in the number of reported actions. Third, successful practice of prosecuting perpetrators for the importation, production or distribution of acts promoting a cult of violence and cruelty, racial, national or religious intolerance and discrimination, but a low percentage of criminal proceedings is brought to a logical conclusion for their violation, nationality, religious beliefs, disability and other grounds.

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