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 ofscientific 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 waysto 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 answerto the question why against the backdrop of the doctrinal achievements of domesticcriminalistics with so many new ideas, concepts, technologies, forensic algorithms andinvestigation programs, the progress in combating crime remains underestimated? Themain cause of this situation is seen in the fact that Russian criminalistics for a long timedeveloped apart from the leading foreign research schools. In turn, this situation is stillpreserved despite the global integration processes that have taken hold practically all thecountries of the world. As the main direction of overcoming the crisis phenomena, theauthor positions the implementation in the scientific resources of domestic criminalisticsof modern information technologies in general, and, to increase the effectiveness ofcombating crimes committed using computer and network capabilities, in particular. Heconsiders the fight against them to make an international problem, since the measuresto prevent, detect, uncover and investigate crimes committed using modern informationtechnologies cannot be effective only at the national level, because of the transnationaland transborder nature of the Internet itself. Given the continuing increase in the numberof its users, which naturally causes their dependence on the information community andthe vulnerability of all kinds of cyberattacks, a scientific analysis of the current state ofinvestigation of crimes of this kind is made and recommendations are formulated to raisethe effectiveness of this activity.
Published
2018-03-04
How to Cite
ShatalovA. (2018). Phenomenology of the Computer-Oriented Crimes. Law Journal of the Higher School of Economics, (2), 68-83. https://doi.org/10.17323/2072-8166.2018.2.68.83
Section
Legal Thought: History and Modernity