On Responsibility for the Dissemination of Knowingly False Information and Discrediting the Use of the Armed Forces: A Comparative Analysis

Abstract

The article is devoted to the analysis of the elements of crimes “Public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation, the performance of their powers by state bodies of the Russian Federation” (Article 207.3 of the Criminal Code of the Russian Federation) and “Public actions aimed at discrediting the use of the Armed Forces of the Russian Federation in order to protect the interests of the Russian Federation and its citizens, maintain international peace and security or execution by state the bodies of the Russian Federation of their powers for these purposes” (art. 280.3 of the Criminal Code of the Russian Federation). The objects of crimes, elements of objective and subjective sides are compared, an attempt is made to distinguish between these elements. On the basis of the analysis, the problems associated with the practical application of the norms on the offenses in question are shown, and it is concluded that it is necessary to make adjustments to the criminal and administrative legislation. Judicial practice, materials of decisions of the Plenum of the Supreme Court of the Russian Federation are widely used.