Киберпространство как новая среда преступности

Abstract

The aim of the study is to analyze the cybernetic space as a new environment of crime and to develop a definition apparatus based on it. The material of the study was: international acts, the current legislation of the Russian Federation, scientific literature. The methodology is based on the dialectical method of cognition. In addition, the authors used general (analysis and synthesis, logical, system-structural methods) and specific (formal-legal) scientific methods of cognition. The authors note that, in the Russian legal literature, there is no single position regarding the definition of the cybernetic space and the unambiguity of its interpretation. Various approaches to the definition of the term “cybernetic space” are considered. Another vision of the term is presented. The authors state that the “virtual reality” and the cybernetic space are distanced; the cybernetic space is a multidimensional category that has philosophical, social, psychological, criminalistic, criminal-legal, criminological, and other dimensions. The features of the cybernetic space (digitalization, virtualization of reality, interactivity, hyperlink and distribution function) are revealed. The authors analyze the material, informational, social, and psychological aspects of the cybernetic space, as well as the concept of cyberspace in criminalistics; identify the tasks of criminalistics at the present stage of the cybernetic space's formation and development; formulate the definition of the cybercrime; determine the correlation of cyberspace with other related categories. The authors conclude that the cybernetic space is a generalized name for a system of software tools and documentary files arranged in accordance with certain protocols of automated information processing, located in the memory of electronic digital devices or electronic digital information in the process of transmission in any available way, or information distributed in a computer system or network. The lack of a legal regulation of the cybernetic space entails cybercrimes - crimes, infringing on various social relations protected by the current criminal legislation of the Russian Federation, committed in the cybernetic space through computer, electronic, multimedia input devices.