Criminal-legal characterization of ways to information exchange on social networks on the example of Articles 148, 282 and 354.1 of the Criminal Code of the Russian Federation

The authors consider the criminal-legal assessment of the ways for disseminating information from the Internet on the example of Articles 282, 148 and 354.1 of the Criminal Code of the Russian Federation, based on court practice and expert surveys. The article notes that the basis of criminal prosecution for actions related to the exchange of information on social networks has its specificity. It is necessary to analyze the context of information, to establish whether it was the commenting of the actions of another person who posted the relevant information, whether the perpetrator created the "post” by himself or it was a "repost", the nature of other entries on the page of that person. At the same time, law enforcement agencies are bound to prove, in particular, the fact that it was the accused who posted the relevant information on his page. The criminal-legal assessment of the content of "reposts," "posts" and "likes" shows that Article 282 of the Russian Criminal Code does not correspond to the principle of legal certainty in connection with the existence of the term "social group" in it. The difficulties of demarcating Article 282 of the Russian Criminal Code (using the Internet) with Articles 20.3 and 20.29 of the Russian Administrative Code are shown. The authors conclude that it is unacceptable to prosecute for the online publication of material included in the federal list of extremist materials, with no comments. Repeated online publications depicting Nazi symbols cannot be considered as episodes of criminal activity within Part I, Article 1.282 of the Criminal Code of the Russian Federation. These acts make up an administrative offence but can serve as evidence of a person's intent to incite hatred and hostility in the system of all actions. The distinction is made on the ways of exchanging information on social networks, which fall simultaneously under the indicia of Articles 148 of the Criminal Code of the Russian Federation and 282 of the Criminal Code of the Russian Federation. In particular, it is concluded that under Article 282 of the Criminal Code of the Russian Federation it is necessary to qualify cases when a person places information on the Internet, claiming the exclusivity of one religion before others and giving negative characteristics to the representatives of another religion. If a person expresses negative assessments against believers, while not naming one religion correct and another - incorrect, then this activity should be qualified under Article 148 of the Criminal Code of the Russian Federation. The features of legislative construction of Article 354.1 of the Criminal Code of the Russian Federation are examined. It is noted that the above Article doesn't contain a goal which should be pursued by the person posting such information on social networks. Moreover, the scope of validity of the Article which can be extended to cases of posting historical and scientific information on social networks, is not specified. It is proposed to make a note to Article 354.1 of the Russian Criminal Code: "the action of this Article does not apply to scientific activities connected with the study of the history of the Second World War unless such activity is intended to justify Nazism."

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