THE ISSUES OF QUALIFICATION AND PROOF OF CRIMES COMMITTED BY RELIGIOUS HATRED OR ENMITY

In the context of the multinational and multi-religious nature of the Russian society, the problem of crimes qualification and investigation motivated by religious hatred or enmity remains of acute relevance. The purpose of this study is to develop a theoretical model for classifying such crimes and a structured algorithm for their investigation based on special religious knowledge. Based on the analysis of 203 criminal cases with the appointment of judicial religious expertise as well as the study of scientific literature and legal norms, the authors propose to identify crimes of extremist and terrorist orientation committed for this motive into a conditional group and classify them in detail. The article systematizes the key theoretical, legis-lative, law enforcement and evidentiary problems that arise in the qualification of such acts. The result is the development of a four-stage algorithm for distinguishing motives, that allows identifying the religious component as the true internal cause of the crime. The article concludes that it is necessary to integrate criminal law, criminology, and forensic science knowledge with religious content in order to create an effective legal mechanism for preventing and suppressing this type of crimes.