The article analyzes objective and subjective characteristics of elements of the violation of the right to freedom of worship and religions. In particular, the author investigates disposition of public actions that express obvious disrespect for the society with the aim to insult religious feelings of believers. The author notes timeliness of legislative recognition of this law which is in line with modern development of public relations and foreign best practice. The author calls into question the relevancy of establishing goals as an obligatory element of corpus delicti. The author pays attention to the contentious nature of article 148 of the Criminal Code of the Russian Federation and article 5.26 of the Code of the Russian Federation on Administrative Offences and the absence of the due mechanism to overcome it in the criminal law science. Following the results of the research the author proposes changes to the criminal law to ensure the principle of inevitability of criminal liability and protection of the right to freedom of worship and religions guaranteed by the Constitution.