Actual Problems of Qualification of Unlawful Impact on the Critical Information Infrastructure of the Russian Federation

Abstract

Relevance. Protection of objects of critical information infrastructure is an urgent task of ensuring the information security of the state. This problem acquired particular significance during the period of the special military operation in Ukraine - during this time the number of computer attacks on the domestic information infrastructure has increased many times over. For several years, the application of Art. 274.1 of the Criminal Code of the Russian Federation is characterized by consistent growth. The study of judicial and investigative practice indicates the presence of legal and technical shortcomings of the norm and problems associated with its application.The purpose is to obtain new scientific knowledge about the implementation of the mechanism of criminal law protection of the critical information infrastructure of the Russian Federation, to substantiate proposals aimed at overcoming the difficulties that arise in the application Art. 274.1 of the Criminal Code of the Russian Federation.Objectives: to identify the problems of qualifying unlawful impact on critical information infrastructure facilities, to formulate proposals for improving domestic criminal legislation and law enforcement.Methodology. The methodological base of the research is made up of general scientific and particular scientific methods of cognition of reality, such as analysis, synthesis, induction, formal-legal, abstract-logical and others.Results. The study analyzed data from judicial statistics, law enforcement practice in cases of unlawful impact on the critical information infrastructure of the Russian Federation, studied doctrinal sources and analytical materials.Conclusions. The following provisions are formulated and substantiated in the work: 1) at the moment, the main direction of implementation Art. 274.1 of the Criminal Code of the Russian Federation is its application in cases of violation of the rules for the operation of computer information storage facilities by employees of companies providing services in the field of communications (telecom operators); 2) at the level of judicial and investigative practice, there is a discrepancy in the interpretation of socially dangerous consequences in the form of harm to an object of the critical information infrastructure of the Russian Federation.; 3) it should be recognized as erroneous in practice the decision to qualify the deed under Part 1 of Art. 274.1 of the Criminal Code of the Russian Federation in situations