Combating the Threats of Cybercrimes in Russia

2020 ◽  
Vol 53 (3) ◽  
pp. 123-136
Author(s):  
Roman Dremliuga ◽  
Olga Dremliuga ◽  
Pavel Kuznetsov

Since the introduction of computer technologies and the internet, Russia has been trying to adopt different strategies on maintaining social order in cyberspace. The purpose of this article is, by studying the stages of enacting legislation against cybercrime, to explore the Russian model of cyberspace regulation. In order to get control over the internet and to maintain security and stability in society, the Russian government has implemented new provisions of the Criminal Code of the Russian Federation and other means. This article demonstrates how criminal law and other measures may be used to fight cybercrime, and how the legislative body reacts on social concern about cybercrime. Russian legislation against cybercrime passed the same phases as cyber law in other countries: first, criminalizing and penalizing particular cybercrime types, and then, developing a complicated system of cyber regulation. The process of cyber regulation was influenced by changing cybercrime characteristics, transformation of enforcement policy, and international treaties ratified by the Russian Federation. Regardless of active efforts in fighting cybercrime, Russian hackers are still a big threat to Russia and, in general, globally. The article concludes that the hacker subculture is one of the main factors producing cybercrime.

Author(s):  
Farhat Mukhambetov

An attempt is made in this work to reveal the content of the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation “Illegal extraction and circulation of especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation”. The necessity of division of art. 258¹ of the Criminal code of the Russian Federation into two articles, separately providing for liability for illegal production and trafficking of especially valuable wild animals and illegal extraction of especially valuable aquatic biological resources. The differences in the subject of the crime under art. 256 of the Criminal code of the Russian Federation, from the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation. The necessity of a substantial expansion of the List of especially valuable especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation for the purposes of articles 2261 and 258¹ of the Criminal code of the Russian Federation due to inclusion in him of all representatives of the Red Book of the Russian Federation.


2020 ◽  
Vol 11 ◽  
pp. 105-112
Author(s):  
I. А. Kazarinov ◽  

The effect of the Criminal Code of the Russian Federation on military units stationed outside the Russian Federation is regulated by part 2 of article 12 of the Criminal Code, the interpretation and application of which causes a number of significant theoretical and applied problems. Based on the analysis of normative acts, international treaties and literary sources the article reveals the model of international legal regulation of responsibility of Russian soldiers; the reis a motion on the harmonization of the international norms which define the conditions of criminal jurisdiction of the Russian Federation in the military; certain private issues ofa pplication of the Criminal Code of the Russian Federation in a situation when a military person commits a crime outside the Russian Federation are resolved.


Author(s):  
Vladislava K. Zaigraeva ◽  

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.


2021 ◽  
Vol 273 ◽  
pp. 10016
Author(s):  
Elena Millerova ◽  
Igor Napkhanenko ◽  
Alexander Fedorov

This article is devoted to the study of the negative aspects of the impact of the Internet on the life and health of persons who have not reached the age of majority in Russia (that is, the age of 18), as well as the criminal law and forensic possibilities of countering this. In the article, the authors goes by the types of information that are legally prohibited for distribution among minors in the Russian Federation. Having analyzed the types of this prohibited information, the authors identified exactly those types that can threaten the life and health of children. The article examines the problematic aspects of familiarizing minors with such information on the Internet, analyzes the norms of the Criminal Code of the Russian Federation, which provide for criminal liability for the distribution of this information on the Internet. The practical aspect of this study is expressed in the analysis of the issues of qualification of such crimes, their differentiation with similar elements of administrative offenses. As a result of the analysis of these criminal law norms, the authors have identified a number of gaps that need to be filled. In this regard, in order to increase the effectiveness of the criminal law struggle against the negative impact of the Internet on the life and health of minors, some amendments to the articles of the Criminal Code of the Russian Federation are proposed. The article also analyzes the forensic aspects applicable to this topic, namely, it examines some features and problems of identifying, disclosing and investigating crimes committed against minors with the use of the Internet. The author's conclusions and suggestions on this matter are expressed.


2020 ◽  
Vol 15 (3) ◽  
pp. 32-38
Author(s):  
Natalya Yu. Akinina ◽  
Daria N. Glushenko

The subject of the research is the reasons for the commission of unlawful acts provided for by Art. 110.1 of the Criminal Code of the Russian Federation committed on the Internet in relation to minors, as well as the existing system for the prevention of these illegal acts. The aim of the study is to develop proposals for improving the specified mechanism for preventing illegal acts. As a result of the study, it was concluded that the prevention of unlawful acts under Art. 110.1 of the Criminal Code of the Russian Federation committed on the Internet in relation to minors, should include the following components: detection and suppression of suicidal content; identifying individuals who are members of social network groups and taking part in games, and carefully withdrawing them from such communities; prevention of suicidal behavior with individuals who have committed suicide attempts and with their immediate surroundings. In addition, early prevention of minors and their parents of dangerous behavior on the Internet is of great importance.


2021 ◽  
Vol 273 ◽  
pp. 08083
Author(s):  
Yuliya Isakova ◽  
Evgeny Millerov

The article examines the negative factors of the impact of the Internet on the moral development of minors (that is, persons under the age of eighteen), the legal aspects of countering these factors. The types of information on the Internet are analyzed, which can harm children to their moral development. In addition to the study of laws that are exclusively regulatory in nature of these issues, the main emphasis is placed on the analysis of the norms of the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation, which provide for legal liability for acts that are capable for causing harm to minor Internet users. Some problems of classification of these administrative offenses and crimes are considered, the position of the Supreme Court of the Russian Federation is given, the official statistics of the Ministry of Internal Affairs of Russia are analyzed with ocular demonstration. At the end of the study, the authors put forward their own conclusions regarding the legal aspects of the protection of minor Internet users, and proposals are also made for amending some norms of the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.


2020 ◽  
Vol 10 (2) ◽  
pp. 111-126
Author(s):  
N.Yu. Korchagin ◽  
N.V. Dvoryanchikov ◽  
O.Yu. Antonov ◽  
T.I. Shulga

The article deals with the study of psychological impact strategies adapted by individuals in the course of sexual crimes against minors through the Internet. The research materials: 34 indictments drawn up in accordance with articles 132, 133, 134, 135, part 1 241, 242 of the criminal code of the Russian Federation), including the plot of the criminal case, materials of correspondence between the accused and victims, conclusions of forensic experts psychologists, psychiatrists, sexologists. By means of statistical and qualitative methods of analysis, the types of persons committing sexual crimes against minors through the Internet and predictors of attribution to the selected types are identified. The specificity of criminal activity, depending on the diagnosed mental disorder and the used strategy of psychological influence is revealed. The paper suggests directions for further development of this problem.


2021 ◽  
Vol 16 (2) ◽  
pp. 140-145
Author(s):  
O. D. Alekseevich

The paper analyzes various types of threats in the commission of a crime under Article 163 of the Criminal Code of the Russian Federation, using information and telecommunication networks (ITS), including the Internet. The problematic issues in classification of the acts under consideration, caused by the lack of criminal law protection of property relations in case of encroachments using ITS, are identified. The increased public danger of the threat of using information and telecommunication networks, including the Internet, when disseminating information that dishonors the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives is substantiated. It is concluded that it is necessary to supplement the Criminal Code of the Russian Federation with new norms aimed at eliminating the gap in the criminal legal protection of property relations in case of encroachments in a way, the danger of which is due to the rapid development of information technologies.


2019 ◽  
Vol 83 (5) ◽  
pp. 320-351
Author(s):  
Kayliegh Richardson ◽  
Ana Speed

In 2015, s 76 of the Serious Crime Act 2015 introduced the new criminal offence of ‘controlling or coercive behaviour in an intimate or family relationship’. This is just one of many steps the UK government have taken in recent years to acknowledge the different forms of domestic abuse and power imbalances that can be present in intimate relationships. In contrast, in February 2017, the Russian government passed an amendment to the Russian Criminal Code to decriminalise some forms of assault, a step which many human rights activists have opposed. This article will compare the seemingly dichotomous approaches to domestic abuse adopted by England and Wales and Russia and will examine the effectiveness of both approaches in deterring domestic violence, providing adequate support for victims and meeting state obligations under international law. There has been extensive commentary on the approach to domestic abuse in England, the USA and Australia. In comparison, consideration of the approach in the Russian Federation is limited. This is in part due to the approach taken in Russia to dealing with domestic abuse as a private issue and the associated lack of available data. This article seeks to go behind closed doors to explore the Russian approach to tackling domestic abuse in a way that it has not previously been considered.


Author(s):  
V.V. Rovneyko ◽  
A.V. Kayshev

The article comments on the criminal legislation of Russia, which provides for liability for the illegal production and trafficking of pornographic materials or objects and the practice of its application. Recently, illegal production and trafficking of pornographic materials and objects (Obscene Publications), as a type of criminal activity, have acquired a qualitatively new look. It can be explained by the trend towards an annual increase in registered IT crimes (committed using information and telecommunications networks (including Internet)). The use of such means significantly complicates law enforcement, primarily in connection with the criminal legal assessment and qualification of such acts. In article there are analyzes the objective features (actus reus) of the corpus delicti that determines the basis of criminal liability for the illegal production and trafficking of pornographic materials or objects. One of the problematic situations, according to the authors, is considered, related to the practice of applying Article 242 of the Criminal Code of the Russian Federation. The authors' conclusions are based on the analysis of the provisions of the current criminal legislation of the Russian Federation and the practice of its application. The rules of international treaties were considered, as well as the practice of applying the rules of civil and administrative law, including those related to the concepts of “publicity” and “indefinite range of persons”, were considered.


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