INTENTIONAL MURDER MOTIVATED BY RACE, NATIONAL OR RELIGIOUS INTOLERANCE AS A SUBJECT OF FORENSIC INVESTIGATION

Abstract

The article notes that the criminal legislation of Ukraine pays considerable attention to the problem of preventing racism, xenophobia and other manifes-tations of discrimination, as it provides a list of crim-inal offenses related to manifestations of racial, na-tional or religious intolerance. It is established that the increased nature of the social danger of inten-tional murder motivated by race, national or reli-gious intolerance is characterized by the fact that it denies human dignity, the individuality of the victim and encroaches on the equality of all members of society, undermines the foundations of democratic rights and freedoms, and, consequently, existing social relations between different groups of the popu-lation.
In investigated crime, the motive acts as a sign, the presence of which forms a qualified corpus delicti and is characterized by three types of intolerance: racial, national or religious. At the same time, for the qualification of criminal acts, it is sufficient to identi-fy only one type of intolerance. It is found that racial, national or religious intolerance is an obligatory motivational component of the investigated crimes and serves as the main element of evidentiary infor-mation discovered, collected, recorded during foren-sic activities.
It is revealed that only representatives of a cer-tain race, nationality or religious denomination can be victims of intentional murder motivated by race, national or religious intolerance.
It is determined that the main elements of the forensic characteristics of intentional murder moti-vated by race, national or religious intolerance are: the subject of the criminal offense, the method of committing the crime, the trace picture of the crime, the identity of the offender, the identity of the victim.
Key words: intentional murder, motive of ra-cial, national or religious intolerance, discrimina-tion, victim, forensic characteristics.