THE PROTECTION OF CIRCULATION OF DATA CONTAINED IN PUBLIC REGISTERS UNDER CRIMINAL LAW IN THE CONTEXT OF DIGITALIZATION

Abstract

At the present stage of development of the state in the Russian Federation, there is a need for reliable protection of data contained in various public registers (e.g. the Unified State Register of Real Estate, the Unified State Register of Legal Entities and others) under criminal law. At the same time, the rapid digitalization of institutions for registering rights and mechanisms for committing crimes has a significant impact on the application of criminal law provisions on the protection of information in public registers. This article discusses the most significant theoretical and practical issues caused by the digitalization of circulation of data contained in public registers: the issue of characterization of electronic digital elements of the corpus delicti of crimes; the issue of the validity of new classification criteria for grouping electronic digital crimes (both in studies and in legislation); various issues regarding law enforcement (e.g. blockchain technologies in public registries, etc.). Purpose: to analyze current doctrinal and practical problems of protection of data contained in public registers under criminal law in the conditions of digital transformation of social relations protected by the norms of the Criminal Code of the Russian Federation. Research methodology: general scientific methods (analysis, description, comparison, etc.) and the formal legal method, which is a specific scientific special legal method. Results: the study confirms the statement about the pervasive process of rapid digitalization of legislation regulating the procedure of circulation of data contained in public registers, which ultimately allows us to draw a conclusion about the digitalization of criminal law protection, implemented through the application of blanket standards of the Criminal Code of the Russian Federation. The article formulates a number of conclusions, including the conclusion that at present there is no need for legislative separation within the framework of the Criminal Code of the Russian Federation of both crimes committed against the circulation of data of public registers, and the group of digital crimes in general.

Keywords

• state registration
• state register
• information-related crime
• computer crime
• public register
• register of rights
• falsification
• digitalization of criminal law
• digital crime