Phenomenology of the Computer-Oriented Crimes

Abstract

Phenomenology in its Greek literal interpretation is the doctrine of phenomena, i.e. phenomena or events under observation. In modern philosophy, it acts as a method of scientific analysis of consciousness and immanent, a priori structures of human existence. This article is the result of applying this method to setting and understanding the best ways to solve the problems directly related to the investigation of computer oriented crimes. Having resorted to historical generalizations, the author made an attempt to find an answer to the question why against the backdrop of the doctrinal achievements of domestic criminalistics with so many new ideas, concepts, technologies, forensic algorithms and investigation programs, the progress in combating crime remains underestimated? The main cause of this situation is seen in the fact that Russian criminalistics for a long time developed apart from the leading foreign research schools. In turn, this situation is still preserved despite the global integration processes that have taken hold practically all the countries of the world. As the main direction of overcoming the crisis phenomena, the author positions the implementation in the scientific resources of domestic criminalistics of modern information technologies in general, and, to increase the effectiveness of combating crimes committed using computer and network capabilities, in particular. He considers the fight against them to make an international problem, since the measures to prevent, detect, uncover and investigate crimes committed using modern information technologies cannot be effective only at the national level, because of the transnational and transborder nature of the Internet itself. Given the continuing increase in the number of its users, which naturally causes their dependence on the information community and the vulnerability of all kinds of cyberattacks, a scientific analysis of the current state of investigation of crimes of this kind is made and recommendations are formulated to raise the effectiveness of this activity.