The Digital Economy, Cyber Security and Russian Criminal Law

Author(s):  
S. P. Bortnikov ◽  
A. V. Denisova
E-Management ◽  
2019 ◽  
pp. 61-66
Author(s):  
L. O. Gontar’

The article considers a problem of the definition of the digital economy, as well as presents a new theme on the legal procuring of international cyber security. The above mentioned new direction serves as an indicator of possible interdisciplinary research in the field of law and economics in the sphere of digital processes. As a justification the acts of the European Union have been adduced and their characteristic features, which consist in consideration of a substantial part of digital economy (economic party) have been allocated. This integration association has a unique structure and history, but the process of regulating the digital economy in the European Union began not so long ago. The European Union is one of the few integration associations that has started to work on improving the mechanisms of legal regulation of the digital market. This circumstance certainly affects the development of an integrated approach to the understanding of the digital economy, as well as further actualizes the issue of considering the legal procuring of international cyber security of this phenomenon. Legal procuring of security is a new direction in the international legal field, which will allow to consider the legal aspects in demand in the digital economy. The challenges in relation to international cyber security and the impact of the conceptual apparatus on the issues of the legal procuring of the security of the digital economy have been considered. It is important to note that the article suggests possible solutions to the problem posed. At the end of the article three proposals for improving approaches to the security of the digital economy have been elaborated. In terms of their qualitative characteristics, the proposals, undoubtedly, relate to legal and technical aspects, but also solutions regarding the conceptual component of the legal procuring of the security have been presented.


Author(s):  
Vardan Mkrttchian ◽  
Leyla Ayvarovna Gamidullaeva ◽  
Yulia Vertakova ◽  
Svetlana Panasenko

The chapter introduces the perspectives on the use of avatar-based management techniques for designing new tools to improve blockchain as technology for cyber security issues. The purpose of this chapter was to develop an avatar-based closed model with strong empirical grounding that provides a uniform platform to address issues in different areas of digital economy and creating new tools to improve blockchain technology using the intelligent visualization techniques. The authors show the essence, dignity, current state, and development prospects of avatar-based management using blockchain technology for improving implementation of economic solutions in the digital economy of Russia.


2021 ◽  
Vol 1 ◽  
pp. 16-17
Author(s):  
Bezverkhov A.G. ◽  
◽  
Grigoryan G.R. ◽  

The article examines the economic and legal foundations and principles of the criminalization of mercenary attacks on property in the modern information society. Criteria for the effectiveness of criminal law prohibitions in the digital economy are identified. The author’s approach to modeling certain compositions of mercenary crimes against property in the context of post-industrialism and digital transformation is proposed.


2021 ◽  
Vol 2021 (03) ◽  
pp. 259-264
Author(s):  
Viktor Shestak

This research proves the failure to address theoretically fundamental issues of robots' legal capacity and cyber security and as a result crudity of issues concerning criminal liability of robots for their actions. The proposals of a number of Spanish scientists on the possibility of non-proliferation of the sphere of criminal law on robots in connection with the existing possibility of criminal prosecution of legal entities in Spain have been worked out. In retrospect, the Spanish concepts of criminal responsibility of artificial intelligence were studied: their novels, shortcomings and problems of application in modern conditions were revealed.


Author(s):  
Vladimir Leschenko

The necessity of legal protection of property relations that are formed through the use of electronic payment systems established by law is due to the rapid development of the digital economy sector. The increase in crimes committed with the use of information and telecommunications technologies, marked in recent years, demonstrates to a greater extent criminal activity in the field of mercenary crimes against property, where fraud occupies a special place. The variety of new forms of fraudulent activity indicates adaptation of this crime to modern socio-legal and economic realities. Fraud has penetrated into the digital economy and poses a serious threat to the financial security of participants in this field. These circumstances have an impact on the criminal law policy of the state, which is forced to respond to emerging threats by means of criminalization and differentiation of criminal responsibility. The article discusses the criteria for differentiating criminal liability for fraud committed with the use of electronic payment methods. The author highlights and describes characteristic of qualifying features as one of the means of differentiating criminal liability for fraud committed with the use of an electronic payment method. The challenge of the research is an attempt to assess the degree of public danger of objective and subjective signs that form the basis of qualifying circumstances, as well as to formulate proposals for clarifying their definition, legal and technical application in the construction of the criminal law norm.


Author(s):  
Vardan Mkrttchian ◽  
Leyla Ayvarovna Gamidullaeva ◽  
Yulia Vertakova ◽  
Svetlana Panasenko

The chapter introduces the perspectives on the use of avatar-based management techniques for designing new tools to improve blockchain as technology for cyber security issues. The purpose of this chapter was to develop an avatar-based closed model with strong empirical grounding that provides a uniform platform to address issues in different areas of digital economy and creating new tools to improve blockchain technology using the intelligent visualization techniques. The authors show the essence, dignity, current state, and development prospects of avatar-based management using blockchain technology for improving implementation of economic solutions in the digital economy of Russia.


2021 ◽  
pp. 164-169
Author(s):  
Iryna Revak ◽  
Roman Gren

Purpose. The aim of the article is to reveal the peculiarities of the formation of secure cyberspace in the digital economy, to substantiate the activities of law enforcement agencies to prevent cybercrime. Methodology of research. The theoretical basis of the study were the fundamental provisions of modern economic theory, scientific works of scientists, regulations and legislation of Ukraine on cyber security and the development of the digital economy. To achieve this goal, the following general and special methods were used: abstract and logical (to substantiate the key characteristics of the information space in the context of growing digital economy), system (to consider the relationship between different departments and businesses to develop measures to combat transnational crime), inductive logic (in the study of law enforcement activities to prevent real and potential cybercrime), deductive (to determine effective means of security control in the management of cyber threats), system and structural analysis (to identify and analyse patterns, trends and features of the digital economy). Findings. The peculiarities of a secure virtual environment in the conditions of digital economy development are studied, taking into account the specifics of information society formation and digitalization of economic relations, development of economic processes, in particular their entry into the international digital market. Problematic issues of information and cyber security are outlined. Emphasis is placed on the development and implementation of technologies to protect and counter cyber-attacks, cyber risk management and evaluation of the effectiveness of safe cyberspace control. Effective means of counteracting the commission of crimes in the digital economy are analysed, perspective directions of ensuring law and order in cyberspace are substantiated. Originality. The scientific novelty lies in the substantiation of theoretical and methodological provisions and applied recommendations for the formation of secure cyberspace in the digital economy, the formation of the institutional basis for the integration of government and business structures based on information technology. Practical value. The practical significance of the obtained results lies in the development of scientific and applied recommendations for combating cybercrime in the work of law enforcement agencies. Key words: digital economy, digital technologies, digitalization, cyber security, cybercrime, cyber threats, cyberspace, information and communication technologies.


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