Преступления против общественной безопасности: проблемы законодательной регламентации (ст. 207.1 и 207.2 УК РФ)

Abstract

Introduction: relations falling under a specific field of activities are regulated from the standpoint of various branches of law. And if violations occur in the sphere of this activity, then new components of administrative and criminal illegal acts are created, which establish prohibitions and measures of influence on offenders. But, unfortunately, the need for proper interpretation and explanation of the amendments and additions to the legislation is not taken into account. In this regard, in practice, there are problems associated with the qualification of the acts in question. The purpose of the work is to analyze the problems of the legislative regulation of crimes against public safety. Methods: the methodological framework for the study includes a whole range of methods of scientific cognition, among which the methods of system analysis and synthesis are of fundamental importance. Results: the paper presents a criminal law analysis of the elements of crimes against public safety related to the dissemination of deliberately false socially significant information, which entails socially dangerous consequences. The necessity of the correct formulation in the law of the element characterizing the sign of “publicity” is emphasized; fixing in the Criminal Code of the Russian Federation the grounds for the release of a person for committing the acts in question. Conclusions: 1) when introducing innovations to the Criminal Code of the Russian Federation, it is necessary to conduct a comprehensive analysis of signs and elements to prevent the accumulation of “dead” components in the legislative acts of the country; 2) fix in a note to Article 207.1 the grounds for the release from criminal prosecution of a person who has committed a crime for the first time if they have smoothed out the harm caused by making a public apology or refuting the reliability of previously disseminated information.