Some considerations on the application of measures of influence for offenses in the informational field

Abstract

Problem setting. The article is devoted to the study of general theoretical issues on the peculiarities of the application of measures of influence for offenses in the informational sphere, identifies the types of liability for offenses in the informational sphere. Target of research. The purpose of this article is to analyze the measures of legal influence for violations of the law in the informational sphere. Analysis of recent researches and publications. Issues related to the study of the peculiarities of the application of measures of influence for offenses in the informational sphere, were the subject of research by such scientists as: V. V. Belevtseva, A. O. Volkova, I. F. Korzh, V. Ya. Nastyuk, G. M. Pisarenko and others. However, given the rapid development of informational relations, existing approaches to their regulation, including relations on the application of measures of influence in the informational sphere, need to be reconsidered and updated. Article’s main body. Considering the category of “measures of influence”, it should be emphasized that measures of legal responsibility are only part of the whole system of measures of influence that can be applied to the offender. It should be emphasized that the measures of legal responsibility for their intended purpose are punishable, ie the purpose of their application is to punish the subject for deviation from the lawful conduct provided by law. At the same time, the purpose of applying measures of influence is not only to punish the offender. Measures of influence can be used to restore the violated rights, to ensure the existing state of legal relations before their commission, the cessation of offenses, etc. In fact, the category of “measures of influence” in its content is broader than “legal liability”. Conclusions and prospects for the development. Тhe intersectoral nature of the current information legislation of Ukraine necessitates further in-depth analysis of measures of influence for offenses in the informational sphere in order to ensure informational security of man, state and society. Specific examples indicate that measures of influence for informational offenses can be divided on the following grounds: a) purpose (security, suspending and punitive); b) values - basic and additional (within a specific coercive measure); c) variability - non-alternative (only a specific measure of influence is envisaged for the relevant offense) and alternative (several coercive measures are envisaged for the commission of a specific offense, the person authorized to apply coercive measures has the opportunity to choose); d) the procedure for application - judicial and extrajudicial.