Problems of Distinguishing Knowingly False Information and Value Judgments in the Qualification of Crimes under Article 207.3 of the Criminal Code of the Russian Federation

The study examines the intricate issues involved in delineating knowingly false information from value judgments during the qualification of offenses stipulated by Article 207.3 of the Criminal Code of the Russian Federation. The aim of the study is to provide a comprehensive analysis of both theoretical and practical dimensions of applying this legal provision, while identifying gaps in regulatory frameworks and shortcomings in current 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 between factual assertions and subjective opinions. Particular attention is paid to the complexities arising in evidentiary 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 official 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.