Issues of Law Enforcement Practice of Qualification of Acts Falling Under Art. 207.3 of the Criminal Code of the Russian Federation (Public Dissemination of Deliberately False Information About the Use of the Armed Forces of the Russian Federation)
- Authors: Shamaev A.M.1
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Affiliations:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- Issue: Vol 15, No 3 (2022)
- Pages: 95-100
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531584
- ID: 531584
Cite item
Abstract
The purpose of this study was to study the current situation in geospace at the beginning of this year, which created the prerequisites for the emergence of new types of illegal manifestations that required the adoption of commensurate countermeasures, including in the form of amendments to the current legislation. As a result of a special military operation launched on February 24, 2022 on the territory of the Donetsk and Lugansk People's Republics to protect Ukrainian nationalists from aggression, the facts of the dissemination of frank "fake" information about the actions of the armed forces of our state on the territory of Ukraine began to be recorded by the collective West as part of the information war. At the same time, the facts of placing distorted information in the information field on the territory of Russia were recorded. As part of the countermeasures, the legislative bodies amended the relevant regulatory legal acts, which introduced legal liability for the dissemination of knowingly false information regarding the activities of the Russian armed forces, as well as their discrediting. The facts of bringing to administrative responsibility for these types of offenses and initiation of criminal cases against specific persons have already been recorded. The objectives of the study are to analyze the problems of qualification, criminological characteristics and other aspects of law enforcement practice for acts falling under Article 207.3 of the Criminal Code of the Russian Federation. Due to the novelty of this composition for our legislation, it should be noted the lack of law enforcement practice. Within the framework of a criminal case, it is necessary to ensure a comprehensive, complete and objective investigation in order to prove the direct intent to commit socially dangerous acts, including through specific examinations, collection of direct and indirect evidence of the offender's guilt. Conclusions: we found that in order to properly criminalize the public dissemination of knowingly false information about the actions of the armed forces of the Russian Federation, it is necessary to systematize the facts that require proof during the preliminary investigation. These include the need to establish the facts of "publicity", "knowingly falsity" in the process of committing illegal acts. Also, special attention should be paid to the personality of the offender, paying attention to his social position in civil society.
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About the authors
Artur Muradinovich Shamaev
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Email: shomik788@mail.ru
Senior lecturer at the Department of Interior Bodies activities in special conditions Nalchik, Russia
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- URL:http://www.consultant.ru/document/cons_doc_LAW_ 10699/65e0c88a157ad970eb20e97979647f03c0cd927d/
- URL:https://rtvi.com/news/sk-zavel-pervye-ugolovnye-dela-za-rasprostranenie-feykov-o-voennykh5.
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