Keyword: «balance of interests»

The article deals with the problem of conflict of law norms of two federal laws: Article 1 of the Federal Law "On Counteracting Extremist Activity" and Article 20.3 of the Code of Administrative Offenses of the Russian Federation. In the first law, "propaganda and public demonstration of Nazi attributes" are referred to extremist activity, and Part 1 of Article 20.3 of the Code of Administrative Offenses of the Russian Federation establishes administrative responsibility "for propaganda or public demonstration of Nazi attributes." The author of the publication analyzes how this collision affects law enforcement practice, as the hypothesis of Part 1 of Article 20.3 of the Code of Administrative Offenses of the Russian Federation is consistent with Article 29 of the Constitution of the Russian Federation, which guarantees the right to freedom of speech and thoughts.

The article substantiates the need to study the moral and legal aspect of the problem of abuse of law. The article contains an indication of the need to ensure moral and legal security of the Russian state and society through the formation of a mechanism of counteraction (prevention) to the abuse of law.

The article analyzes the constitutional foundations of the balance between private and public interests in criminal proceedings. It examines the concept and features of this balance, its consolidation in the norms of the Constitution of the Russian Federation, and the role of the Constitutional Court in maintaining this balance through its legal positions.