CORRELATION ISSUES: PUBLIC DANGER AND THE PLACE OF COMMITTING A CRIME OF ILLEGAL DISTRIBUTION AND PUBLIC DEMONSTRATION OF "OBSCENE PUBLICATION" BY USING INFORMATION AND TELECOMMUNICATION NETWORKS
Abstract
Illegal production and trafficking of obscene publications, as a type of criminal activity, have acquired a qualitatively new form in connection with the use of information and telecommunication networks. Such crimes are often transnational in nature. The public danger of illegal trafficking of obscene publications is directly related to public morality as an object of criminal law protection. The limits of the permissibility of behavior that does not violate public morality are determined by the national legislation of states in different ways. The article analyzes the situation when an act is committed on the territory of one state and its significant consequences take place on the territory of another state. The authors consider one of the problematic situations related to the explanations of the Plenum of the Supreme Court of the Russian Federation on the application of criminal legislation in relation to crimes committed using digital technologies. The conclusions are based on the analysis of the provisions of the current criminal legislation of the Russian Federation and the practice of its application. The rules of international treaties were considered.
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Published 2023-05-26