This analysis reveals complexities in distinguishing knowingly false information from value judgments under Article 207.3, indicating gaps in law enforcement practices.
The study examines the intricate issues involved in delineating knowingly false information from value judg-ments during the qualification of offenses stipulated by Article 207.3 of the Criminal Code of the Russian Fed-eration. The aim of the study is to provide a comprehensive analysis of both theoretical and practical dimen-sions of applying this legal provision, while identifying gaps in regulatory frameworks and shortcomings in cur-rent law enforcement practices. It is emphasized that the research delves into the challenges associated with ascertaining the element of deliberate falsity in disseminated information, as well as the demarcation line be-tween factual assertions and subjective opinions. Particular attention is paid to the complexities arising in evi-dentiary processes, where the distinction hinges on factors such as the verifiability of claims, references to facts, context of expression, and audience perception. Recommendations are formulated for developing offi-cial explanations by the Supreme Court of the Russian Federation and improving qualification activities of law enforcement agencies. It is concluded that it is necessary to find a balance between the criminal law protection of public safety and the constitutional right to freedom of expression.
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Elena S. Chizhova (2025) studied this question.
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