Social causation of criminalization of cyber crime committed with the use of information technology

Abstract

The work studies several specific case issues of crimes committed using IT. Cybercrime is a new line of criminal activity of Internet cybercriminals, which law enforcement agencies all over the world are fighting with varying degrees of success. Cybercrime has become so widespread that the issue was addressed by the Council of Europe [8]. The work analyzes the social causation of the criminalization of computer crimes committed using IT. The general conclusion drawn is that Russia has been discussing the issue of improving the legislation on combating crimes threatening the security of computer information for a long time. The information security doctrine adopted back in 2000 pragmatically established the necessity to protect the rights and legitimate interests of citizens in the country’s infosphere. The legislative base of the research included: the Russian Constitution [2], Criminal Code [3], Federal Laws “On Amendments to the Criminal Code of the Russian Federation and certain legislation of the Russian Federation” [4], “On Information, Information Technologies and the Information Security” [5], “On Communication” [6], “On Security” [7].The second decade of the 21st century was marked by the introduction of significant changes to Chapter 28 of the Criminal Code of the Russian Federation [3]. The legislator abandoned the term “electronic computing machine” and focused on the concept of “computer information”, which is the more comprehensive taking into account the specifics of the criminal law terminology used for constructing the provisions of the Criminal Code of the Russian Federation. The very existence of articles establishing liability for crimes related to computer information is an important requirement, which is imposed by the global use of computer and telecommunication technologies in all aspects of the society’s life.