Problems of Distinguishing Knowingly False Information and Value Judgments in the Qualification of Crimes under Article 207.3 of the Criminal Code of the Russian Federation

The study examines the intricate issues involved in delineating knowingly false information from value judg-ments during the qualification of offenses stipulated by Article 207.3 of the Criminal Code of the Russian Fed-eration. The aim of the study is to provide a comprehensive analysis of both theoretical and practical dimen-sions of applying this legal provision, while identifying gaps in regulatory frameworks and shortcomings in cur-rent law enforcement practices. It is emphasized that the research delves into the challenges associated with ascertaining the element of deliberate falsity in disseminated information, as well as the demarcation line be-tween factual assertions and subjective opinions. Particular attention is paid to the complexities arising in evi-dentiary processes, where the distinction hinges on factors such as the verifiability of claims, references to facts, context of expression, and audience perception. Recommendations are formulated for developing offi-cial explanations by the Supreme Court of the Russian Federation and improving qualification activities of law enforcement agencies. It is concluded that it is necessary to find a balance between the criminal law protection of public safety and the constitutional right to freedom of expression.

Authors

Publication Details

Journal
Теория и практика общественного развития
Published
2025-09-24
DOI
https://doi.org/10.24158/tipor.2025.9.26
Primary Topic
Legal and Policy Issues
Type
article
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article

Problems of Distinguishing Knowingly False Information and Value Judgments in the Qualification of Crimes under Article 207.3 of the Criminal Code of the Russian Federation

Е.С. Чижова
Теория и практика общественного развития
Legal and Policy Issues
article

Problems of Distinguishing Knowingly False Information and Value Judgments in the Qualification of Crimes under Article 207.3 of the Criminal Code of the Russian Federation

Е.С. Чижова
article en

Abstract

The study examines the intricate issues involved in delineating knowingly false information from value judg-ments during the qualification of offenses stipulated by Article 207.3 of the Criminal Code of the Russian Fed-eration. The aim of the study is to provide a comprehensive analysis of both theoretical and practical dimen-sions of applying this legal provision, while identifying gaps in regulatory frameworks and shortcomings in cur-rent law enforcement practices. It is emphasized that the research delves into the challenges associated with ascertaining the element of deliberate falsity in disseminated information, as well as the demarcation line be-tween factual assertions and subjective opinions. Particular attention is paid to the complexities arising in evi-dentiary processes, where the distinction hinges on factors such as the verifiability of claims, references to facts, context of expression, and audience perception. Recommendations are formulated for developing offi-cial explanations by the Supreme Court of the Russian Federation and improving qualification activities of law enforcement agencies. It is concluded that it is necessary to find a balance between the criminal law protection of public safety and the constitutional right to freedom of expression.

Теория и практика общественного развития(9)
Openalex Percentile: Top 59%
Legal and Policy Issues
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Problems of Distinguishing Knowingly False Information and Value Judgments in the Qualification of Crimes under Article 207.3 of the Criminal Code of the Russian Federation — Е.С. Чижова · Теория и практика общественного развития (2025) | TGRS Research Map | TGRS