Information in the Digital Economy as a Subject of Criminal Law Protection

2021 ◽  
pp. 15-20
Author(s):  
A. V. Beliakov ◽  
S. V. Bondarenko
Keyword(s):  
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.


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.


Legal Concept ◽  
2019 ◽  
pp. 18-25
Author(s):  
Anna Denisova

Introduction: all branches of law are constantly under the influence of the social environment, especially of the national policy and economy. In this regard, the author of the paper set the aim to research the influence of the processes of the digital economy development of the Russian Federation on the industry of Russian criminal law and to identify the relevant trends and relationships. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and the comparative law method Results: grounded in the paper the author’s point of view is based on the domestic and foreign legislation, international legal acts and opinions of the academic community on the problems of interaction of the economic and legal systems, processes and results of their mutual influence. Based on the analysis, a list of problems currently impeding the development of the digital economy of Russia, which can be resolved using the criminal law means, is revealed. The questions of the gap in the Russian criminal legislation concerning a number of socially dangerous acts committed with the use of modern information technologies are raised. Conclusions: the study revealed the importance of the intersystem links between the national economy and its digital sector with Russian criminal law, the need to take them into account in the lawmaking work and their impact on the effectiveness of the industry, the implementation of its sectoral goals and objectives. It is proposed to criminalize a number of socially dangerous acts committed with the use of modern information technologies, taking into account the traditions of the national law-making and the successful experience of the international community and a number of foreign countries in preventing attacks on the information security.


2021 ◽  
Vol 15 (2) ◽  
pp. 73-90
Author(s):  
Garik R. Grigoryan

This article shows that an important role in the legal protection of the digital economy is played by modern criminal law, which is designed to form a system of legal mechanisms to ensure the protection of society from digital property crimes. The new mechanism of criminal legal protection should ensure effective counteraction to both real and potential criminal threats in the emerging digital reality. It is proved that in the context of digitalization, there is a need for a radical reform of Chapter 21 of the Criminal Code of the Russian Federation. Alternative directions for improving the criminal law provisions on liability for crimes against property are proposed. One of the author's options is to build new separate structures of property crimes property abuses and other violations in the field of information and telecommunications networks, including the Internet. Another is the allocation of an independent group of property crimes in the field of the digital economy within the framework of Chapter 21 of the Criminal Code of the Russian Federation, and accordingly the division of the chapter into two groups: property crimes against property (theft of other people's property, illegal possession of a vehicle, destruction and damage to other people's property) and crimes against property in the field of information and telecommunications networks.


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