The Specifics of the Evolution of Criminal Liability for Libel in the Criminal law of Russia

The article is devoted to the consideration of the peculiarities of the evolution of criminal liability for libel in the criminal law of Russia. The authors study the changes made to Articles 129 and 128.1 of the Criminal Code of the Russian Federation since the introduction of this code and up to the present time, and analyse the sociolegal prerequisites of these changes. As a result of the study, a generalised conclusion is made about the processes of criminalisation and decriminalisation of libel, the validity of these processes, as well as the prospects of criminal liability for this crime. Part 1 of Article 23 of the Constitution of the Russian Federation enshrines the right of everyone to protect their honour and good name. Honour, dignity and reputation of a person belong to the objects of criminal legal protection, in connection with which the current Criminal Code of the Russian Federation provides for criminal liability for libel. However, it should be noted that these provisions of the criminal law have been repeatedly amended, including those related to the rather short decriminalisation of the act in question. In this regard, it is of some interest to consider these changes and analyse their socio-legal conditionality. The analysis of the evolution of criminal liability for libel in the current Criminal Code of the Russian Federation allows us to conclude that the legislative assessment of the public danger of this act has changed significantly - from complete decriminalisation to a significant increase in penalties. It appears that the decriminalisation of libel was a legislative error, which, however, was quickly corrected. It should be acknowledged that the current wording of Article 128.1 of the Criminal Code of the Russian Federation sufficiently reflects the nature and degree of public danger of these offences and provides for fair punishment for their commission. It would hardly be justified to claim that libel does not cause significant harm to the interests of the individual, especially if we take into account that the dissemination of knowingly false information defaming the honour and dignity of another person or undermining his reputation may result in the deterioration of the victim's health, his suicide or attempted suicide, or the loss of social ties. In this regard, it seems that the honour, dignity and reputation of a person should be protected by a criminal law providing for criminal liability for libel. In conclusion, it should be noted that according to article 2 of the Constitution of the Russian Federation, a person, his rights and freedoms are the supreme value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state. Thus, ensuring criminal legal protection of honour, dignity and business reputation fully complies with the above constitutional provision. The authors declare no conflicts of interests.

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