Conflicting Nature of Liability Regulation for Slander

Slander is a complex phenomenon for legal analysis, since it is simultaneously contained in the norms of several branches of law. Thus, slander can be considered as a civil tort (Article 152 of the Civil Code of the Russian Federation). On the other hand, it is a crime provided for in Article 128.1 of the Criminal Code of the Russian Federation. Slander can also be an administrative offense (Article 5.61.1 of the Code of Administrative Offenses of the Russian Federation). Due to the ambiguous social danger of slander, it was excluded from the criminal legislation in 2011, but was soon criminalized again, and as a crime related to private prosecution cases (Article 20 of the Criminal Procedure Code of the Russian Federation). This circumstance gives the victim the right to choose the method of conflict resolution — civil or criminal, which, of course, does not contribute to uniform practice. Conflicts of constitutional, criminal, administrative and civil legislation regulating liability for slander are considered. The necessity of harmonizing the normative prescriptions of various branches is outlined. It is proposed to get rid of inter-branch conflicts in law both by rule-making and by adopting new clarifications of the Supreme Court of the Russian Federation, which will increase the effectiveness of criminal and related legislation.