Понятие киберпреступности в Российской Федерации и Республике Казахстан

Abstract

Relevance. The article is devoted to one of the current topical issues - the concept of cybercrime in the Russian Federation and the Republic of Kazakhstan. The concept of cybercrime is widely used in criminology and practical activities of the police of the two countries. However, an accurate and complete understanding of cybercrime, as well as its legislative consolidation, remains open to this day. The essence of this problem lies in the fact that the effectiveness of law enforcement agencies in preventing such crimes depends on the correct understanding of cybercrime. Currently, during the rapid development of information technology, the number of crimes committed in cyberspace is growing in proportion to the number of users of computer networks. The purpose is to give an accurate and complete definition of the concept of cybercrime in the Russian Federation and the Republic of Kazakhstan. Objectives: based on the available definitions in the legal literature, to identify the main signs of cybercrime and to systematize the concept of "cybercrime". Methodology. In the process of working on the study, methods of theoretical research (analysis and synthesis, induction and deduction, mental modeling), a comparative legal approach were used. Results. The study suggests an understanding of cybercrime as a historically volatile, latent, social and criminal-legal negative phenomenon, which is a system of crimes committed virtually in the information space using information and communication technologies. Conclusions. The study concluded that the analysis of doctrinal approaches does not show a consensus among scientists in the definition of cybercrime. This is due to different interpretations of cyberspace and ways of using computer systems when committing illegal actions. Despite the differences, scientists raise the question of the relationship between international legislation and Russian legislation, regarding the list of illegal actions that are attributed to crimes committed in the cybersphere. In our opinion, the concept of "cybercrime" can be applied to crimes that are committed using any means of in-formation and communication technologies. Cybercrime is a broader concept than "Internet crime", as it includes the possibility of committing crimes using any information or telecommunications networks.