QUALIFICATION OF REPAIRS AS PUBLIC LODGING TO ANY LOSS OF ACTION OR DISTRIBUTION OF MATERIALS WHICH HAVE SUCH LOANS

Abstract

The article is devoted to the study of the problem of qualification of reposts on the Internet, which contain information to calls for committing unlawful actions. Investigated court sentences, in which individuals disseminated in social networks through repos information containing public appeals for committing criminal acts. The following main findings are made: in criminal proceedings in which the objective side of the crime consists in reposts of information containing public appeals to commit criminal acts, the number of friends and subscribers in social networks should not be taken into account during qualification; the privacy setting of an account under which a person makes a repository that is closed to all users of the social network, may indicate a lack of publicity; public disclosure of information that contains public appeals to commit criminal acts by means of a reportage must in any event be recognized as containing such public appeals; evaluating actions of the person as public appeals or as distribution of materials containing such appeals, should proceed not only from objective evidence, but also from a certain subjective attitude of the person to the acts committed by her.