Законодательная регламентация вопросов противодействия новым формам девиантного поведения в сети «Интернет»

Abstract

Introduction. The article deals with the problem of legislative counteraction to new forms of deviant behavior that have recently appeared in the information space of the Internet. Trash streams represent the greatest public danger among its currently existing varieties. With the application of general scientific and private scientific methods, as well as the method of systemic formal- legal analysis, an attempt was made to determine some general provisions concerning the possibility of bringing the organizers and participants of trash streams to criminal, as well as in some cases to administrative responsibility. From the position of the theory of criminal legal science, as well as the currently available law enforcement practice, a number of draft laws prepared by the public and legislators, which are currently being considered as legislative initiatives, have been analyzed. In particular, the draft law on introducing alterations and additions to criminal legislation, proposing to establish criminal liability for committing such acts on the Internet. The subject of the study is federal laws, regulations and documents governing social relations in the field of combating criminal manifestations of deviant behavior on the Internet. The material base of the study was formed by the works of domestic forensic scientists devoted to the problem under study, as well as periodical press materials, judicial and investigative practice. Methods. The methodological basis of the study was formed by the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative-legal, concrete-sociological, formal-logical, systemic and historical, which made it possible to state some general conclusions. Results. As a result of the research the relevance of the systemic formal-legal approach has been established, starting from the legislative fixation of the concepts related to the signs of trash streaming, an attempt has been made to formulate the general conditions of criminalization of this kind of phenomena, legislative initiatives and proposals aimed at combating trash streaming have been named and analyzed. In addition, the conclusion is drawn of the complexity of criminal legal qualification of trash streaming as an act enshrined in the Criminal Code of the Russian Federation in the form of a specific criminal law norm due to the formal absence of indicia of public danger and illegality, as well as the need for further work on draft laws, taking into account, among other things, the opinion of the scientific community.