Criminal-legal characteristics of crimes related to discrediting the authorities

The subject of this study is the criminal law characteristics of offenses aimed at discrediting the Armed Forces of the Russian Federation and state structures. The purpose of the article is to analyze the current legislation, law enforcement practices, and problematic aspects of qualifying actions related to the dissemination of false information and discrediting the Armed Forces of the Russian Federation and the state institution. The relevance of the topic is due to the necessity of balancing the protection of public order (especially during internal and external political conflicts) and the realization of citizens' constitutional rights to freedom of expression. The study examines the norms of Articles 205.2, 207.3, 280, and 280.3 of the Criminal Code of the Russian Federation, addressing issues of administrative preclusion, publicity of the act, the subjective side of the crime, and other qualifying signs. The basis of the research is the dialectical method of scientific knowledge, as well as general scientific methods: analysis, synthesis, and generalization, and specific scientific methods: comparative legal and formal-logical methods. In conclusion, a reasoned conclusion is made about the necessity of improving criminal legislation in order to adhere to the principles of justice, individualization of punishment, and legal certainty. The theoretical and practical significance of the study lies in the fact that the conclusions formulated and substantiated in the research can serve as a theoretical foundation for further relevant scientific discussions. The practical significance of the research is that it contains scientific ideas that have served as the basis for recommendations that can be used in legislative activities when improving regulatory legal acts and enhancing the effectiveness of law enforcement agencies in the context of combating the studied category of crimes. In the course of the study, the author proposes measures aimed at improving the provisions of Article 280.3 of the Criminal Code of the Russian Federation. Importance is placed on the clarification of the conceptual apparatus regarding the examined category of crime, which will effectively impact the differentiation of related compositions. The author also considers it advisable to examine certain provisions of Article 280.3 of the Criminal Code of the Russian Federation at the legislative level, emphasizing the presence of administrative preclusion and such constructive feature as "publicity."

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Publication Details

Journal
Полицейская деятельность
Published
2025-03-01
DOI
https://doi.org/10.7256/2454-0692.2025.3.74645
Primary Topic
Legal and Policy Issues
Type
article
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article

Criminal-legal characteristics of crimes related to discrediting the authorities

Timur Firudinovich Aliev
Полицейская деятельность
Legal and Policy Issues
article

Criminal-legal characteristics of crimes related to discrediting the authorities

Timur Firudinovich Aliev
article en

Abstract

The subject of this study is the criminal law characteristics of offenses aimed at discrediting the Armed Forces of the Russian Federation and state structures. The purpose of the article is to analyze the current legislation, law enforcement practices, and problematic aspects of qualifying actions related to the dissemination of false information and discrediting the Armed Forces of the Russian Federation and the state institution. The relevance of the topic is due to the necessity of balancing the protection of public order (especially during internal and external political conflicts) and the realization of citizens' constitutional rights to freedom of expression. The study examines the norms of Articles 205.2, 207.3, 280, and 280.3 of the Criminal Code of the Russian Federation, addressing issues of administrative preclusion, publicity of the act, the subjective side of the crime, and other qualifying signs. The basis of the research is the dialectical method of scientific knowledge, as well as general scientific methods: analysis, synthesis, and generalization, and specific scientific methods: comparative legal and formal-logical methods. In conclusion, a reasoned conclusion is made about the necessity of improving criminal legislation in order to adhere to the principles of justice, individualization of punishment, and legal certainty. The theoretical and practical significance of the study lies in the fact that the conclusions formulated and substantiated in the research can serve as a theoretical foundation for further relevant scientific discussions. The practical significance of the research is that it contains scientific ideas that have served as the basis for recommendations that can be used in legislative activities when improving regulatory legal acts and enhancing the effectiveness of law enforcement agencies in the context of combating the studied category of crimes. In the course of the study, the author proposes measures aimed at improving the provisions of Article 280.3 of the Criminal Code of the Russian Federation. Importance is placed on the clarification of the conceptual apparatus regarding the examined category of crime, which will effectively impact the differentiation of related compositions. The author also considers it advisable to examine certain provisions of Article 280.3 of the Criminal Code of the Russian Federation at the legislative level, emphasizing the presence of administrative preclusion and such constructive feature as "publicity."

Полицейская деятельность(3)
Openalex Percentile: Top 71%
Legal and Policy Issues
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