Problematic aspects of qualification of crimes related to the circulation of pornographic materials on the Internet
The article discusses the issues of qualification of crimes related to the circulation of pornographic materials on the Internet, the following problematic aspects are highlighted with the subsequent solution: the issue of the presence of direct intent with open access to materials of a pornographic nature in the peer-to-peer network; the problem of the totality of crimes under Art. Art. 135 and 242.2 of the Criminal Code of the Russian Federation; the question of the ideal combination of crimes of debauchery with the distribution or public display of pornographic materials; the issue of additional qualifications under Art. 137 of the Criminal Code of the Russian Federation (inviolability of private life) in the event of the dissemination of pornographic information on the Internet, containing an image of a specific person. The aim of the work is to comprehensively study the characteristics of the qualification of crimes related to the illegal production and circulation of pornographic materials or objects, including materials or objects with pornographic images of minors on the Internet in order to identify problematic issues. Dwelling on the debatable point about the ideal combination of lecherous actions with the distribution or public display of pornographic materials on the Internet, we analyzed two identical cases, but with different judicial practice: the correspondence of the accused on social networks with a minor victim, during which the accused were sent materials of a pornographic nature.