On the subject of unauthorized access to computer information

Authors
  • Vereschagina A.V.

    A.V. Vereschagina. Vladivostok State University of Economics and Service. Vladivostok. Russia

Abstract

The digital revolution determined the translation of a significant part of social relations to the virtual space. The above-mentioned situation could not but give rise to an in-crease in the number of computer offenses, one of the means of countering which is the establishment of criminal law prohibitions, for violation of which a person can be brought to criminal responsibility. The purpose of the study is to identify problematic aspects of regulating the subject of the crime: "illegal access to computer-protected information protected by law".
The subject of the research is the norms regulating generic and criminal concept of in-formation. Methods. The author, based on the principles of scientific knowledge, used statistical, logi-caldogmatic and comparative-legal methods.  Theoretical, normative and empirical research bases. The author carefully studied scientific publications on the topic under study, analyzed the concept of "illegal access to com-puter-protected information protected by law" in Russian criminal law, as well as in the criminal codes of the post-Soviet states. The empirical basis of the research is the decisions of courts in diffrent re-gions of Russia. The regulation of the subject of the crime under article 272 of the criminal code of the Russian Federation, despite positive changes, needs to be adjusted. In the legal definition of computer information, the use of technical terms and the indication that only legally protected information is subject to defense should be avoided. The above-mentioned amendments to the criminal law will help optimize the work of law enforcement agencies.


Keywords: criminal law, computer crime, object of crime, subject of crime, computer infor-
mation, unauthorized access, computer information protected by law.