Computer-related fraud as a new offense in the russian law
0
Citation
0
Reference
20
Related Paper
Abstract:
Vladimir Elin - Associate Professor, Department of Information Security Management, Faculty of Business Informatics, National Research University Higher School of Economics.Address: 20, Myasnitskaya str., Moscow, 101000, Russian Federation.E-mail: velin@hse.ruDue to the integration processes in the fight against cybercrime, at the end of 2012 the Criminal Code of the Russian Federation included Art. 159-6, providing criminal penalties for fraud in the sphere of computer information. The disposition of this article is directly related to the relevant regulations of the European Convention on Cybercrime, ETS № 185. Thus, there is a situation when our country, not formally participating in the Convention, actually develops its own legislation in the vector defined by the existing international practice. At this, we should take into account the peculiarities of legal regulation of information processes in our country in general and the specifics of data circulation, in particular that of the lack of the Law on electronic document, non-acceptance of information as an object of civil legal problems of proof material consequences of the act. Legal regulation of information processes in the Russian society is implementing standards for Information Law, which is a completely new sphere lacking sufficiently developed legal support.The article describes the characteristics of the offense stipulated by Art. 159-6 of the Russian Criminal Code, the specifics of the computer information as a tool and means of committing crimes in the property sector, socially dangerous consequences of computer fraud. The assignment of the object of the offense to the property will inevitably give rise to the problems in practical application of Art. 159-6 of the Criminal Code to the issues related to the information holder, the amount of damage, property characteristics of data, cause-and-effect relationships between lawful acts and harmful effects, etc. Given the characteristics of the information relations in the field of storage, processing or transmission of computer information, the paper offers recommendations to improve the disposition of the Article.Keywords:
Criminal Code
Cybercrime
Information Society
Cite
The article examines the negative factors of the impact of the Internet on the moral development of minors (that is, persons under the age of eighteen), the legal aspects of countering these factors. The types of information on the Internet are analyzed, which can harm children to their moral development. In addition to the study of laws that are exclusively regulatory in nature of these issues, the main emphasis is placed on the analysis of the norms of the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation, which provide for legal liability for acts that are capable for causing harm to minor Internet users. Some problems of classification of these administrative offenses and crimes are considered, the position of the Supreme Court of the Russian Federation is given, the official statistics of the Ministry of Internal Affairs of Russia are analyzed with ocular demonstration. At the end of the study, the authors put forward their own conclusions regarding the legal aspects of the protection of minor Internet users, and proposals are also made for amending some norms of the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.
Criminal Code
Minor (academic)
Legal norm
Christian ministry
Position (finance)
Cite
Citations (9)
Purpose:The objective of this article is to use information technologies within the framework of national criminal proceedings for the investigation of crimes.Design/Methodology/Approach: Studies were performed of international provisions governing the procedure of investigation of criminal cases in different countries and the order of preservation of evidence received from electronic sources.The authors analyzed the provisions of Code of Criminal Procedure of the Russian Federation and legal enforcement practice of taking and preservation of evidence received via information and telecommunication technologies in the course of investigating a criminal case.Findings: Based on the results, it was concluded on the need in fundamental modernization of criminal proceedings of the Russian Federation towards improvement of both procedural order of taking and preservation of evidence received via electronic technology processes and deployment of electronic form of investigating crimes into criminal proceedings.There is a need in calculation of risks related to leakage of information of confidential nature.The risk is heavily influenced by the number of objects of judicial protection against which a cybercrime might be committed.Practical Implications: In the article, proposals are set for improving the provisions of national legislation, which would lead to enhanced forms of investigation of criminal cases related to extensive use of modern information technologies, which would legislatively perpetuate the procedural order for the seizure and preservation of criminal evidence.Originality/Value: Transition to electronic form of investigation will lead to extensive use of electronic means of preservation in performance of investigative activities, which will greatly facilitate their performance, ensuring thereby entirety and reliability of evidence, while also reducing the risks of possible evidence tampering.
Cybercrime
Criminal investigation
Criminal procedure
Cite
Citations (2)
Constructive
Criminal Code
Code (set theory)
Cite
Citations (0)
Criminal Code
Characterization
Code (set theory)
Cite
Citations (0)
Polyakova Tatiana - Honoured Lawyer of the RF, Doctor of Juridical Sciences, Senior Researcher of the Russian Legal Academy of the RF Ministry of Justice. Address: 2 Azovskaya Str., Moscow, 117638, Russian Federation. E-mail: polyakova_ta@mail.ruZimin Igor - External Doctoral Student, Department of Informational Law, Informatics and Mathematics, of the Russian Legal Academy at the RF Ministry of JusticeAddress: 2 Azovskaya Str., Moscow, 117638, Russian Federation.This paper studies the most topical aspects of legal security of electronic documents - a relatively new phenomenon which has become common after a modern telecommunication infrastructure has been developed. The source for the analysis are The strategy of information society in Russia, federal laws from the 1990s to 2010, bylaws, works of Russian legal scholars and experts. Legal regulation of electronic documentation is regarded by the authors within the concept of the RF single information space, which implies the necessity to transfer to electronic communication of all state institutions, agencies and people. The paper defines a number of concepts including electronic document, legal relevance of electronic document and the legal regime of electronic documents. The examples show the evolution of the terminology of the Russian legal science. It is noted that the concept of legal regime is efficiently studied by the specialists of various branches of law. Though many definitions have been proposed, there is no single one. Hence, in many legislative acts and codes, the definition of legal regime is either absent or is shown through norms referring to other legal acts. The work analyzes various challenges relating to the necessary legal regulation of legal force for an electronic signature. The article mentions the lack of conceptual interpretations of the issues as to legal force of electronic documents. The authors propose a number of their own definitions and conclude that the question on the limits of the legal regime for an electronic document remains open. Furthermore, attention is required to the legal regulation of creating, copying, storing and spreading electronic documents, as well as the requirements to various such documents.
Relevance
Electronic signature
Legal science
Cite
Citations (0)
Cite
Citations (0)
The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Finally, the case law on this issue has been reviewed since 2016 with consideration of specific examples. In the paper, the authors do not address the issues of qualifying violations of safety rules at coal mining enterprises under Art.143 of the Criminal Code as it has not been changed. At the end of the study, the authors formulate the qualification rules taking into account the latest changes, without proposing any changes to the Criminal Code of the Russian Federation and other regulatory legal acts that do not include the Resolution of the Plenum of the Supreme Court, i.e. the results of the study can be used in practice. The problem is that there is a lack of research of the changes we are considering in the Criminal Code of the Russian Federation, and even more in relation to the coal mining industry.
Plenum space
Criminal Code
Code (set theory)
Criminal procedure
Cite
Citations (2)
Having outlined the current problems of legal regulation of transnational legal relations on the Internet and determined the role of international law in solving these problems, it is necessary to submit scientific proposals for their further implementation, since the international legal principles of regulation of information relations on the Internet are regulated by the rules of soft law, which are enshrined in the resolutions of international organizations and they are advisory. It is advisable to develop international regulations in the field of Internet relations, which would define the basic concepts that apply to these relationships to eliminate possible conflicts in the laws of different countries. Such acts should include issues relevant to the international community regarding the jurisdiction of states in the Internet, functioning of the digital economy, fight against copyright infringement in the Internet, information terrorism and crimes threatening information security in the global information cycle, etc. Therefore, only with the successful regulation of Internet relations at national and international levels, and only through the joint efforts of the world community, it should be expected the positive dynamics in all spheres of society, given the significant impact of the Internet on global processes and international relations.
International community
International regime
Information exchange
Cite
Citations (12)