Criminal Law and Criminological Aspects of Religious Tolerance in Russia
Authors: Dmitry A. Kirillov, Oksana V. Pavlenko
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The Russian law, which orients society to mutual understanding, patience, and respect in matters of freedom of conscience and freedom of religion, contains latent criminogenic prerequisites. So, patience in matters of faith involves a certain psychological discomfort of the men of faith in relation to the men of a different faith. Patience of the person in relation to the object and simultaneous respect by the person of the same object is logically incompatible. It should be noted that in accordance with the criminological point of view, the religious tolerance contains most stable prerequisites for the lawful behavior of men of the faith in relation to the men of a different faith. Its basic principles in general are respect for different faith, acceptance and correct understanding of the diversity of religions and forms of manifestation of religiosity. Patience is contrary to the content of religious tolerance. For a long time, Russia's official attitude to religious tolerance was not reflected in official documents. Therefore, it was quite difficult to expect, for example, the replacement of religious patience ideas with ideas of religious tolerance. However, on December 12, 2018, Russia supported the resolution on religious tolerance, adopted by the UN General Assembly. This suggests that now the potential of religious tolerance can be integrated into the system of principles of the Russian religious landscape. Obviously, a fragment about patience in matters of freedom of conscience and freedom of religion should be excluded from the law. However, criminal law restrictions should be taken into account here, in particular, article 148 of the Criminal Code. Today, it is the patience in matters of faith that is of great importance to many men of faith. In such a situation, the quick exclusion of the term “patience” from the text of the law may lead to an insult to their religious feelings. Therefore, the authors of this article propose such a wording of the law, in which the values of faith patience are indicated as the important ones, but temporary, and the values of religious tolerance – as strategic ones.