This article offers a comprehensive criminal-legal analysis of the elements of the crime provided for in Article 230.3 of the Criminal Code of the Russian Federation, introduced by Federal Law No. 226-FZ of August 8, 2024, which establishes criminal liability for the promotion of narcotic drugs, psychotropic substances, their analogues or precursors, as well as narcotic plants in information and telecommunications networks, including the Internet, in the presence of an administrative prejudice or a criminal record under this article.
Methodology. The study utilized the formal legal method, the systemic analysis method, the comparative legal method, and the dogmatic interpretation of regulatory provisions. The study was conducted within the framework of the systemic unity of the provisions of Article 230.3 of the Criminal Code of the Russian Federation, Article 46 of the Federal Law of 08.01.1998 No. 3-FZ "On Narcotic Drugs and Psychotropic Substances", Art. 6.13 of the Code of Administrative Offenses of the Russian Federation and scientific approaches to understanding drug propaganda in the digital environment.
Conclusion. The article substantiates the idea that Article 230.3 of the Criminal Code of the Russian Federation represents a formal offense with a mandatory digital method of committing the act and a special prejudicial attribute of the subject. It is established that the practical application of this provision will be largely determined by the uniformity of judicial interpretation of the evaluative category of "propaganda" and its consistent distinction from permissible information dissemination and other related forms of unlawful conduct.
The scientific significance of this work lies in its research into the elements of the crime under Article 230.3 of the Russian Criminal Code, systematically interrelated with the blanket provisions of drug legislation and administrative law.
The practical significance lies in the formulation of criteria for distinguishing between propaganda, permissible dissemination of information, and related forms of illegal behavior, which can be used by preliminary investigation bodies, the prosecutor's office, and the court when classifying the relevant acts.
Keywords: drug propaganda, Article 230.3 of the Criminal Code of the Russian Federation, administrative prejudice, Internet, digital crime, drug crime, information and telecommunication networks, classification of crimes.
This article offers a comprehensive criminal-legal analysis of the elements of the crime provided for in Article 230.3 of the Criminal Code of the Russian Federation, introduced by Federal Law No. 226-FZ of August 8, 2024, which establishes criminal liability for the promotion of narcotic drugs, psychotropic substances, their analogues or precursors, as well as narcotic plants in information and telecommunications networks, including the Internet, in the presence of an administrative prejudice or a criminal record under this article.
Methodology. The study utilized the formal legal method, the systemic analysis method, the comparative legal method, and the dogmatic interpretation of regulatory provisions. The study was conducted within the framework of the systemic unity of the provisions of Article 230.3 of the Criminal Code of the Russian Federation, Article 46 of the Federal Law of 08.01.1998 No. 3-FZ "On Narcotic Drugs and Psychotropic Substances", Art. 6.13 of the Code of Administrative Offenses of the Russian Federation and scientific approaches to understanding drug propaganda in the digital environment.
Conclusion. The article substantiates the idea that Article 230.3 of the Criminal Code of the Russian Federation represents a formal offense with a mandatory digital method of committing the act and a special prejudicial attribute of the subject. It is established that the practical application of this provision will be largely determined by the uniformity of judicial interpretation of the evaluative category of "propaganda" and its consistent distinction from permissible information dissemination and other related forms of unlawful conduct.
The scientific significance of this work lies in its research into the elements of the crime under Article 230.3 of the Russian Criminal Code, systematically interrelated with the blanket provisions of drug legislation and administrative law.
The practical significance lies in the formulation of criteria for distinguishing between propaganda, permissible dissemination of information, and related forms of illegal behavior, which can be used by preliminary investigation bodies, the prosecutor's office, and the court when classifying the relevant acts.