Preventing Deviations in the Digital World by Criminal Law Means

  • Yulia V. Gracheva Kutafin Moscow State Law University
  • Sergey V. Malikov Kutafin Moscow State Law University
  • Alexander I. Chuchaev Kutafin Moscow State Law University
Keywords: criminal liability, cryptocurrency, blockchain, deviations in the digital world, criminal risks, method of social engineering, Dos attacks, fraud in the field of computer information, unauthorized access

Abstract

Any progress causes both positive influence on society and produces new risks of causing harm to public relations some of which may be criminal. The subject matter of the research is new technologies which may be used to bring harm to public relations protected by criminal law. The purpose of the article is to examine the tool of breaching public relations by applying new technologies and developing adequate criminal law measures to evade deviations in the digital world. The general scholar and social legal methods are implemented in the article. A popular technique of social engineering is fishing aimed at obtaining access to confidential data of the users, logins and passwords. The theft of property of another by means of getting confidential information causes criminal liability under article 3 of the Russian Criminal Code. Fishing letters contain various programs (Trojans). The programs are applied by the guilty when stealing money by providing access to the bank account of the victim etc. Such programs are applied to extort the property of the victim threatening to delete computer information. These actions may be qualified under articles 272 and 273 of the Criminal Code. In authors opinion, Article 163 of the Code should be added with the way of committing the crime, i.e. the threat of deleting information. Similar negative consequences may be caused by DoS attacks. The research studies five most famous cyber attacks, specifies the mechanism of causing harm to the objects of criminal law protection, which needs specification in article 272 and 273 of the Criminal Code. The paper studies the blockchain technology and cryptocurrency, artificial intelligence and robots. The changes in the civil law regulation of public relations arising due to the technologies in question may cause changes in the criminal law assessment of modern era crimes.

Author Biographies

Yulia V. Gracheva, Kutafin Moscow State Law University

Professor, Department of Criminal Law, Kutafin Moscow State Law University. Address: 9 Sadovo-Kudrinskaya Str., Moscow 125593, Russia. E-mail: uvgracheva@mail.ru

Sergey V. Malikov, Kutafin Moscow State Law University

Senior Lecturer, Department of Criminal Law, Kutafin Moscow State Law University, Candidate of Juridical Sciences. Address: 9 Sadovo-Kudrinskaya Str., Moscow 125593, Russia. E-mail: s.v.malikov@yandex.ru

Alexander I. Chuchaev, Kutafin Moscow State Law University

Professor, Department of Criminal Law, Kutafin Moscow State Law University, Doctor of Juridical Sciences. Address: 9 Sadovo-Kudrinskaya Street, Moscow 125593, Russia. E-mail: moksha1@rambler.ru

References

Aryamov A.A. (2019) Digitalization and criminal risks in economy. Aktual'nye problemy rossijskogo prava, no 6, pp. 108-116 (in Russian)

Aryamov A. A., Ivanov S.A. (2019) Deviations in the digital area: criminal law dimension. Moscow: Kontract, 130 p. (in Russian)

Bolsunovskaya L.M. (2016) Criminalization of fraud in computer information in Russian law. Biblioteka kriminalista, no 3, pp. 15-20 (in Russian)

Danilov D. (2018) Qualification of DDs-attacks for mercenary motives. Ugolovnoe pravo, no 6, pp. 37-42 (in Russian)

Dolgieva M.M. (2018) Confiscation of the crypto currency. Zakonnost', no 11, pp. 45-49 (in Russian)

Guznov A., Miheeva L., Novoselova L. (2018) Digital assets in the system of the civil law. Zakon, no 5, pp. 16-30 (in Russian)

Haritonova Yu. S. (2019) Crypto currency in legal practice. Predprinimatel'skoe pravo, no 2, pp. 31-36 (in Russian)

Kibal'nik A. (2018) Qualification of fraud in recent resolution of the Russian Supreme Court. Ugolovnoe pravo, no 1, pp. 61-67 (in Russian)

Kunev D.A. (2019) Current threats of using crypto currency for criminal aims. Ugolovnoe pravo: strategiya razvitiya v XXI veke. Papers of a conference. Moscow: Prospect, pp. 7680 (in Russian)

Laptev V.A. (2019) Artificial intelligence and liability for its work. Pravo. Zhurnal Vysshej shkoly ekonomiki, no 2, pp. 79-102 (in Russian)

Lopashenko N.A. (2015) Fraud reform: questions and answers. Kriminologicheskij zhurnal Baikalskogo gosudarstvennogo universiteta ekonomiki i prava, no 3, pp. 504-513 (in Russian)

Neznamov A.V. (2018) Rules of non-pilot driving and changing Vienna Traffic Convention. Zakon, no 1, pp. 175-182 (in Russian)

Ovchinskyi V.S. (2018) Criminology of digital world. Moscow: Norma, 352 p. (in Russian)

Tirranen V.A. (2019) Artificial intellect and neuron cells as means of modern cyber crime. Ugolovnoe pravo: strategiya razvitiya v XXI veke, pp. 135-140 (in Russian)

Ufimceva V.A. (2019) Criminal risks of using crypto currency. Ugolovnoe pravo: strategiya razvitiya v XXI veke, pp. 140-147 (in Russian)

Vaipan V.A. (ed.) (2019) Legal regulation of digital economy. Moscow: Yustitcinform, 376 p. (in Russian)

Vasilevskaya L.Yu. (2019) Token as a new object of civilian rights: qualification of digital rights. Aktual'nye problemy rossijskogo prava, no 5, pp. 111-119 (in Russian)

Published
2020-03-12
How to Cite
GrachevaY. V., MalikovS. V., & ChuchaevA. I. (2020). Preventing Deviations in the Digital World by Criminal Law Means. Law. Journal of the Higher School of Economics, (1), 188-210. https://doi.org/10.17323/2072-8166.2020.1.188.210
Section
Russian Law: Condition, Perspectives, Commentaries