Problems of criminal law qualification of "public demonstration" of a crime as a circumstance that aggravates criminal responsibility.

This work is devoted to doctrinal interpretation of the criminal law innovation "public demonstration, including in mass media or information and telecommunications networks (including the Internet)," introduced into the Criminal Code of the Russian Federation as an aggravating circumstance for a number of crimes against life, health, and personal freedom. The subject of the research is the criminal law qualification of "public demonstration" of a crime. The aim of the work is to identify gaps and contradictions in legislation related to the problem of criminal law qualification of "public demonstration." As a result of the conducted research, it was established that "public demonstration" of a crime can be considered as a circumstance aggravating criminal liability, provided that it causes public resonance and contributes to the spread of criminal behavior. Problems in the interpretation of this concept in judicial practice were revealed, as well as insufficient unification of criteria for assessing the publicity of a demonstration. Criteria for a more accurate definition of this circumstance within the framework of criminal legislation were proposed. Comprehensive research methods were employed, including systematic analysis of criminal legislation, comparative legal analysis of judicial practice, logical and structural methods to identify the specifics of qualification, as well as methods of interpretation of legal norms and scientific analysis of literature on criminal law. In the absence of relevant clarifications from the Supreme Court of the Russian Federation for law enforcement practice, the authors proposed an understanding of the essence and content of the criminal law category "public demonstration" and defined its place within the structure of a crime. Questions concerning the qualification of actions of a third party present at the crime scene, recording this event using technical devices (smartphone, camera, video camera, etc.) and subsequently disseminating this information online were considered; the connection between "public demonstration" and the intentional commission of a crime in a public place in the absence of eyewitnesses—witnesses was also examined. Scientific approaches and the author's interpretation were formulated on all these aspects. The results of the work can be used in the activities of courts, prosecutors, law enforcement agencies, as well as in scientific research on the qualification of crimes and the improvement of criminal legislation.

video recording, personality, situation, objective side, object of criminal encroachment, display, crime, public demonstration, dissemination of information, method