Yuliya Gracheva, S.V. Malikov, A.I. Chuchaev

Preventing Deviations in the Digital World by Criminal Law Means

2020. No. 1. P. 188–210 [issue contents]
Any progress causes both positive influence on society and produces new risks ofcausing harm to public relations some of which may be criminal. The subject matter ofthe research is new technologies which may be used to bring harm to public relationsprotected by criminal law. The purpose of the article is to examine the tool of breachingpublic relations by applying new technologies and developing adequate criminal lawmeasures to evade deviations in the digital world. The general scholar and social legalmethods are implemented in the article. A popular technique of social engineering isfishing 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 causescriminal liability under article 3 of the Russian Criminal Code. Fishing letters containvarious programs (Trojans). The programs are applied by the guilty when stealing moneyby providing access to the bank account of the victim etc. Such programs are applied toextort the property of the victim threatening to delete computer information. These actionsmay 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. thethreat of deleting information. Similar negative consequences may be caused by DoSattacks. The research studies five most famous cyber attacks, specifies the mechanism ofcausing harm to the objects of criminal law protection, which needs specification in article272 and 273 of the Criminal Code. The paper studies the blockchain technology andcryptocurrency, artificial intelligence and robots. The changes in the civil law regulationof public relations arising due to the technologies in question may cause changes in thecriminal law assessment of modern era crimes.
For citation: Gracheva Y.V., Malikov S.V., Chuchaev A.I. (2020) Preventing Deviations in the Digital World by Criminal Law Means. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 188–210 (in Russian) DOI: 10.17323/2072-8166.2020.1.188.210
Citation: Gracheva Y., Malikov S., Chuchaev A. (2020) Preduprezhdenie deviatsiy v tsifrovom mire ugolovno-pravovymi sredstvami [Preventing Deviations in the Digital World by Criminal Law Means]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 188-210 (in Russian)
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