Spread of knowingly false information (art. 207.1 and 207.2 of the Criminal Code of the Russian Federation): new corpus delicti with the sign of publicity

The social conditionality of criminalization of spread of knowingly false information is proved in article. The authors give a brief criminal characteristic of the crimes provided by Articles 207.1 and 207.2 of the Criminal code of the Russian Federation and highlight problems, which can arise in the course of their application. The legal positions of the Supreme Court of the Russian Federation on the content of publicity as obligatory sign of the objective party in the context of these crimes are investigated. Some doctrinal positions on the matter are critically estimated. It is proved that the Presidium of the Supreme Court of the Russian Federation introduced certain criteria in resolving the issue of publicity. As a result, the authors come to a conclusion that the recommendations of the Plenum of the Supreme Court of the Russian Federation, and subsequently the explanation of its Presidium, concerning the sign of publicity, correspond to the spirit of the criminal law and are subject to obligatory use.