Гуманитарные и юридические исследования (Sep 2021)
OBJECTIVE ELEMENTS OF CRIMES COMMITTED IN THE SPHERE OF CYBER TECHNOLOGIES WITHIN THE LEGISLATION OF THE RUSSIAN FEDERATION
Abstract
The article studies the main objective elements of crimes in the sphere of cyber technologies. The article discusses in details the term «computer information)). In that context the author remarks that the note to Article 272 of Russian Criminal Code does not correspond to the well-established practice in the sphere of cyber technologies. It shall be noted that it is possible to transfer information in other ways, the list provided by the Code is not complete. The article says that most of the crimes from Chapter 28 of Russian Criminal Code are committed with the usage of cyber technologies. At the same time computer information is only a part of cyber technologies. Accordingly, the author proposes updated version of understanding of term «computer information». In addition, the article points out at the necessity of institution of separate Section in the Criminal Code devoted to crimes in the sphere of computer information. The generic object of crime will be deined as relations in the sphere of cyber technologies. Innovations of this kind would correspond to requirements of the present day. In the context of Article 273 of the Code it is emphasized that there is no proper legal definition of the term «harmful computer programme». The article proposes to standardize that term. The article pays attention to the high danger of crimes in the sphere of cyber technologies as to the fact of recent introduction of the Law and the term «critical informational infrastructure of the Russian Federation» and introduction of new Article 274.1 to the Criminal Code. As the result of analysis of elements of crimes in the sphere of cyber technologies and recent legal updates it is crucial to criminalize a number of actions. Among them unlawful acquaintance with computer information and unlawful inluence upon computer environment and information. Also close attention shall be paid to such constituent element of a crime as heavy consequences. Law enforcement oficials should take into account the increased degree of public danger of crimes in the sphere of cyber technologies when they impose punishment.
