Information Security as an Object of Protection Under Criminal Law
( Pp. 112-117)

More about authors
Kazakova Vera A. Dr. Sci. (Law), Professor, Head of the Department of Criminal Law Disciplines, Institute of International Law and Justice; Chief Researcher of the Department for Research of Problems of Operational Investigative Counteraction to Crimes of Corruption of the Center for Research of Problems of Counteracting Crime in the Sphere of Economics
Moscow State Linguistic University; National Research Institute of the Ministry of Interior of the Russian Federation
Moscow, Russian Federation
Abstract:
The purpose of the study. The article is devoted to the problems of ensuring information security by criminal law means. Various aspects of the concept of "information", "knowingly false information", "publicly significant information" and criminal law prohibitions on its dissemination are considered. The public danger of the spread of "fakes" in the conditions of the information war against Russia waged by foreign countries is stated. The innovations of the Criminal Code of the Russian Federation of 2020 and 2022 concerning the newly introduced articles 2071, 2072, 2073 of the Criminal Code of the Russian Federation are analyzed. The confusion of concepts used by legislators in the norms under consideration, including the classification signs of deliberately false information, and the interpretation of the social significance of information are criticized. A comparison with the administrative prohibitions formulated in the article of the Code of Administrative Offenses of the Russian Federation “Abuse of the freedom of the mass media” is made. Signs of delimitation of criminal and administrative responsibility for the dissemination of "fake" news are revealed. By applying the methods of system analysis, comparative jurisprudence, formal legal analysis of the texts of legislative acts, grammatical and logical interpretation, the presence of redundant norms and gaps in modern criminal legislation associated with the onset of a new social reality - the information war are stated. Conclusion: By applying the methods of system analysis, comparative jurisprudence, formal legal analysis of the text, grammatical and logical interpretation, the presence of gaps in modern criminal legislation associated with the onset of a new social reality are stated. Recommendations on the formulation of a universal criminal law prohibition of the dissemination of knowingly false socially significant information are given.
How to Cite:
Kazakova V.A., (2022), INFORMATION SECURITY AS AN OBJECT OF PROTECTION UNDER CRIMINAL LAW. Gaps in Russian Legislation, 2 => 112-117.
Reference list:
Butkevich S.A. Fake news and media: problems of differentiation and penalization // Jurist-Pravoved. 2021. No. 2 (97). pp. 74-79.
Galyashina, E.I. "Faking" as a new threat to media security: the Linguistic and Legal aspect of Ethnopsycholinguistics. 2021. No. 2 (5). pp. 7-24.
Devdariani N.V., Rubtsova E.V. A retrospective analysis of the origin of the term "fake news" // Baltic Humanitarian Journal. 2020. Vol. 9. No. 3 (32). pp. 249-252.
Dubovichenko S.V., Karlov V.P. Criminal liability for the public dissemination of deliberately false information (Articles 2071, 2072 of the Criminal Code of the Russian Federation) // Bulletin of the V.N. Tatishchev Volga State University. 2020. Vol. 1. No. 3 (96). pp. 154-163.
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Koshkarova, N.N., Boyko, E.S. (2020). Fake, I know you: linguistic mechanisms for recognizing false information. Political linguistics, 2(80), 77-82. DOI: 10.26170/pl20-02-08. Retrieved from: https://www.elibrary.ru/item.asp?id=42767650
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Sukhodolov A.P. (2017). The phenomenon of «fake news» in the modern media space. Eurasian Cooperation: Humanitarian Aspects: Materials of Intern. scientific-practical conf. (pp. 93-112). Irkutsk. Retrieved from: https://www.elibrary.ru/item.asp? id=32574561
Keywords:
deliberately false information, socially significant information, fakes, information war, abuse of freedom of mass media, information security.


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