PROPAGANDA OF ILLEGAL OR IMORAL ANTI-SOCIAL BEHAVIOR AS A CRIME AGAINST PUBLIC MORALITY

New forms of communication using information and telecommunication technologies, in addition to advantages, bring with them the manifestation of various forms of destructive behavior that require legislative response, including through the means of criminal law. The article makes an attempt to evaluate the proposed legislative initiatives and the points of view available in the science of criminal law on resolving this issue. The study of the proposed legislative innovations, as well as the proposals put forward by scientists, and analysis for their compliance with the specifics of new forms of destructive communication allowed the author to come to the conclusion that these approaches are inappropriate. The fallacy of the proposed proposals is seen in the fact that the positions taken resolve issues of ensuring the security not of society, the state of security of which is directly discussed by the authors of the bills in the explanatory notes, but of the security of the individual. In addition, the positions taken by the authors imply the emergence of qualification problems, and also leave outside the scope of criminal liability those directly involved in new forms of destructive communication. Taking into account the identified shortcomings, the author formulates his own draft criminal law norm, which is capable, in our opinion, of ensuring the safety of society, preserving one of its main categories - morality, that is, a set of historically established and accepted by society rules of behavior that reflect the idea of honor and dignity, good and evil, justice and decency, cruelty and mercy.

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Publication Details

Journal
LEGAL ORDER History Theory Practice
Published
2024-10-21
DOI
https://doi.org/10.47475/2311-696x-2024-42-3-54-59
Primary Topic
Security, Politics, and Digital Transformation
Type
article
Field-Weighted Citation Impact
0.00
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article

PROPAGANDA OF ILLEGAL OR IMORAL ANTI-SOCIAL BEHAVIOR AS A CRIME AGAINST PUBLIC MORALITY

Gulnara A. Reshetnikova
LEGAL ORDER History Theory Practice
Security, Politics, and Digital Transformation
article

PROPAGANDA OF ILLEGAL OR IMORAL ANTI-SOCIAL BEHAVIOR AS A CRIME AGAINST PUBLIC MORALITY

Gulnara A. Reshetnikova
article en

Abstract

New forms of communication using information and telecommunication technologies, in addition to advantages, bring with them the manifestation of various forms of destructive behavior that require legislative response, including through the means of criminal law. The article makes an attempt to evaluate the proposed legislative initiatives and the points of view available in the science of criminal law on resolving this issue. The study of the proposed legislative innovations, as well as the proposals put forward by scientists, and analysis for their compliance with the specifics of new forms of destructive communication allowed the author to come to the conclusion that these approaches are inappropriate. The fallacy of the proposed proposals is seen in the fact that the positions taken resolve issues of ensuring the security not of society, the state of security of which is directly discussed by the authors of the bills in the explanatory notes, but of the security of the individual. In addition, the positions taken by the authors imply the emergence of qualification problems, and also leave outside the scope of criminal liability those directly involved in new forms of destructive communication. Taking into account the identified shortcomings, the author formulates his own draft criminal law norm, which is capable, in our opinion, of ensuring the safety of society, preserving one of its main categories - morality, that is, a set of historically established and accepted by society rules of behavior that reflect the idea of honor and dignity, good and evil, justice and decency, cruelty and mercy.

LEGAL ORDER History Theory PracticeVol. 42(3)
Udmurt State University (RU)
Openalex Percentile: Top 59%
Security, Politics, and Digital Transformation
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