INFORMATION THAT DOES NOT CORRESPOND TO REALITY FROM THE POINT OF VIEW OF VARIOUS BRANCHES OF LAW

Abstract

The article, based on the analysis of the norms of such branches of law as information law, criminal law and administrative law, as well as the analysis of official explanations of the legislation of the Russian Federation contained in the resolutions of the Plenum of the Supreme Court of the Russian Federation, defines the signs of the following concepts — “knowingly unreliable information”, “knowingly false information”, “information that does not correspond to reality" and “false messages”. It is concluded that from the point of view of semantics, the concepts of “false information” and “unreliable information” contain inherent criteria for determining the invalidity of information — information does not correspond to reality and a person's knowledge of this fact. In the articles of various normative legal acts, these semantic constructions are reinforced by an addition — this is the “knowingness” of a person's knowledge about the inconsistency of information with reality.

Statistics show that the Criminal Code of the Russian Federation includes almost two and a half times more crimes related to the use of false information than with the use of false information. The situation is reversed in the Administrative Code of the Russian Federation. Administrative offenses include 3 times more acts related to the use and dissemination of false information than false information. These statistics allow us to conclude that the Criminal Law is inclined mainly to recognize as crimes deception, lies that pose a real public danger and cause harm to the relations protected by criminal law in the field of public security. Such intent actions are committed by a person, he knows about the inconsistency of the information with reality, and also anticipates and allows the occurrence of such consequences.

Information legislation is the most loyal to the use of concepts, regulating public relations related to all the concepts studied in this article — “knowingly unreliable information”, “knowingly false information”, “information that does not correspond to reality”, “false message”. This can be explained by the peculiarities of the formation of the branch of information law, and the complexity of the legal regulation of information relations.