CRIMINAL LIABILITY FOR THE DISSEMINATION OF FALSE INFORMATION DURING THE PANDEMIC: QUESTIONS OF THEORY AND PRACTICE

Abstract

This publication provides an overview of the current domestic legislation providing for responsibility for the dissemination of false information in the conditions of the pandemic of a new coronavirus infection (COVID-19) (Articles 2071 and 2072 of the Criminal Code of the Russian Federation, Article 13.15 of the Administrative Code), problems arising in the process of applying these norms. The authors pay close attention to the existence of technical and legal errors in criminal law norms, as well as to the existence of sectoral competition between administrative and criminal laws in forensic practice. The present article attempts to study the elements of the corpus delicti that cause the most difficulties among law enforcement agencies and specialists in the field of criminal law doctrine. In addition, attention is paid to foreign experience in countering such criminal acts. The scientific study also reviews the available explanations of the highest court published during the epidemic, including those affecting the legal assessment of crimes under Art. 2071 and 2072 of the Criminal Code. Based on the research carried out, including the study of law enforcement materials, measures are proposed to improve the existing legislation in the field of combating the dissemination of inaccurate information about coronavirus and its practice.