CRITERIA OF PROVING DIGITAL CRIMES WITH THE USE OF MOBILE APPLICATIONS. FEATURES OF EXEMPTION

Abstract

Objective: to identify problems arising in the course of exemption from individuals and legal entities information about mobile digital applications that allow access to personal information, to develop solutions to the identified problems. Methods: in order to solve the identified tasks, we used the universal method of cognition and general scientific research methods: logical method, analysis and synthesis. In addition were used such scientific methods of cognition, as logical-formal, comparative, statistical, system analysis. Results: proposals have been elaborated on amendments to the criminal and criminal procedure legislation, which will allow to solve the identified problems. It is proposed to supplement the Russian Criminal Code (hereinafter CC) with the Section 8.1 "Digital crimes", which, in our opinion, should contain a paragraph on fraud with payment cards in the field of computer information systems; illegal access to computer information, creation, use and dissemination of harmful computer programs; violation of exploitation rules of storage means, processing or transmission of computer information and information-telecommunication networks. Scientific novelty: the study examined the legal status of mobile application data, peculiarities of the process of exemption, the need to allocate them as a separate type of digital proofs. Practical significance: the key issues and conclusions of the study can be used in reforming the criminal procedure legislation, as well as in research and teaching.

Keywords

• criminal procedure
• electronic sources of proofs
• mobile applications
• malware
• exemption
• criteria of proving the electronic crimes