Issues of Applying of Article 2741 of the Criminal Code of the Russian Federation «Unlawful Influence on Critical Information Infrastructure of the Russian Federation»

Abstract

A new article was introduced into the Criminal Code of the Russian Federation in 2017, which establishes criminal liability for unlawful impact on the critical information infrastructure of the Russian Federation. However, there is still no developed legal practice of applying this article, despite repeated statements of experts about the significant prevalence of crimes that encroach on the security of critical information infrastructure. The author of the article discovered one criminal case instituted on the grounds of a crime prohibited by Art. 2741 of the Criminal Code. The proposed article contains an analysis of the legal issues of this article, including the consideration of the specifics of qualification under Part 1, Part 2, and Part 3 of Art. 2741 of the Criminal Code. The concept of critical information infrastructure as an object of crime is considered, suggestions are made about the features of qualification of acts that will minimize law enforcement errors.