Field Of Computer Information Research Articles

Criminal Prohibitions when Using Mobile Applications

The article summarizes interim results of a research performed under the project of the Russian Science Foundation focusing on criminal law risks of using mobile applications. These risks can be of two types: the risk of being held criminally liable and the risk of being victimized by the criminal activities of others. The second type of risk is better defined because it is addressed in the context of preventing crimes committed using information and telecommunications networks or in the field of computer information in general. The first one implies not only situations when a user intentionally causes harm through a mobile application, but also cases where people do things, the public danger and wrongfulness of which is not obvious to them. Such persons usually have no desire to violate criminal law but do so failing to understand the unlawfulness of their actions due to the specific environment and technological features. Therefore, the ultimate goal of this project (at the next step) is to ensure safety of mobile application users, including inadmissibility of their unjustified criminal liability, through the development of recommendations on the rules of behavior when using relevant technologies. The purpose of the work within the framework of the presented scientific article is to determine the state of use of mobile applications (characteristics of mobile Internet culture) and those criminal law regulations that may be consciously or unconsciously violated by users of mobile applications. To achieve this goal two sociological surveys were conducted among users of mobile applications to determine how they use their mobile devices. The provisions of the criminal law and the materials of criminal cases were analyzed in order to understand what crimes can be committed by users of mobile applications who actually did not want and did not understand that they were violating the criminal law.

Вопросы квалификации неправомерного доступа к объектам критической информационной инфраструктуры

The article provides a criminal legal analysis of the crime provided for in part. 2.4 tbsp. 2741 of the Criminal Code of the Russian Federation — unlawful access to objects of critical information infrastructure of the Russian Federation. The authors conducted a comparative study of the objects regulated by the federal law no. 187-FZ of July 26, 2017 “On the security of critical information infrastructure of the Russian Federation” and part. 2.4 tbsp. 2741 of the Criminal Code of the Russian Federation, a legal assessment is given to criminal actions expressed in unlawful access using someone else’s account in the absence of such rights to it. The issues of qualification of crimes in the field of computer information are considered using examples of forensic investigative practice.

ВОЗМОЖНОСТИ ПОЛУЧЕНИЯ И ИСПОЛЬЗОВАНИЯ КРИМИНАЛИСТИЧЕСКИ ЗНАЧИМОЙ ИНФОРМАЦИИ ИЗ МЕТАДАННЫХ ФАЙЛОВ ПРИ РАСКРЫТИИ И РАССЛЕДОВАНИИ ПРЕСТУПЛЕНИЙ

Modern technologies and the digitalization of society have led to the fact that most of the information in the world is stored and transmitted electronically. This circumstance opens up new opportunities for law enforcement agencies in the detection and investigation of crimes. In today's world, where technology plays a key role in society, digital footprints are becoming an important element in crime investigation. Everyone has already got used to the fact that the main object of computer expertise in the field of computer information is the contents of files. However, such an important area as the study of file metadata remains underestimated in the investigation process. Metadata is an integral part of mod-ern crime investigation, providing investigators with valuable data for analysis and helping to restore the chronology of events and actions of persons associated with the crime. In the field of digital fo-rensics, special attention should be paid to the study and analysis of electronic traces that can be found in metadata. The issues of using file metadata have been touched upon in one way or another by many scien-tists, such as L.A. Buraeva [1], V.A. Gauzhaeva [2], R.R. Kardanov [3], Yu.M. Usoltsev [4], A.S. Arutyunov [5] and others. However, these authors made only an attempt to draw attention to the use of metadata in the investigation of crimes. Metadata may contain information about the time the file was created, its author, location, and other data that can be used in proving criminal cases. Metadata in the commission of crimes related to the use of information and telecommunication technologies can be compared with micro-objects in the commission of traditional crimes. Both are invisible traces, which are not so easy to destroy and to which few criminals pay attention. At the same time, they can provide significant assistance to the investigation in uncovering and investigat-ing crimes. This article attempts to draw the attention of the scientific world and employees involved in the preliminary investigation of crimes to the problems and possibilities of using metadata in the process of disclosure and investigation of crimes.

FEATURES OF THE TACTICS OF INTERROGATION OF THE ACCUSED IN THE INVESTIGATION OF CRIMES IN THE FIELD OF COMPUTER INFORMATION

The subject of the study is the tactics of interrogation as a key element of the investigation of crimes in the field of computer information. The purpose of the article is to find and choose the right interrogation tactics in the investigation of crimes in the field of computer information, which allows you to effectively collect and analyze data, obtain evidence necessary for the investigation, protect the rights of all participants in the process and save time during the investigation. Methodology. In the course of the work, the following methods of scientific research were used: analysis and synthesis, induction and deduction, dialectical, comparative and formal logical methods. The results of the study. The tactical actions necessary for the effective investigation of crimes in the field of computer information have been identified. It has been established that a particularly important factor in the investigation is the availability of sufficient skills and knowledge of the investigator in the field of information and telecommunications technologies, which allows the most productive way to obtain the necessary information for the investigation. During the interrogation of the suspect, it should be clarified how he gained access to the information and telecommunications system, what specific actions he committed, whether he worked independently or was a member of a group. Scope of application of the results: the results of this work can be applied in the educational process, as well as by investigative authorities in the investigation of crimes in the field of computer information, these materials can be especially useful for novice investigators. The novelty of the study lies in the fact that special attention is paid to the technical component when constructing interrogation tactics. Conclusions. It is concluded that it is technical training that is the key feature of interrogation tactics in the investigation of crimes in the field of computer information, since without this component, in some situations, investigative actions are ineffective.

Digital forensics in the context of digitalisation of modern society

The author substantiates the relevance of digital forensics in the context of digitalisation of modern society, notes the active use of digital technologies in solving various types of illegal activities in the field of computer information, and defines the concepts of “digital trace” and “digital forensics”. The author emphasises the need to develop new knowledge and developments in forensic techniques, standards and principles for evaluating and verifying collected evidence (digital traces), to carry out mandatory standardisation when working with digital information, and to consider and develop appropriate methodology for training specialists in the field of digital forensics. Attention is focused on ethical, legal and privacy issues related to the collection and use of digital data during an investigation, confidentiality and protection of personal information of persons not involved in a criminal offence, compliance of the collection and use of digital data during an investigation with certain legal norms and standards (obtaining court orders for evidence collection, requirements for information storage, observance of the rights and freedoms of persons under investigation), ensuring an appropriate level of protection, storage and transmission of personal information and restricting access to it only on certain grounds. The role of forensics in improving and increasing the effectiveness of the fight against modern crime, including war and cybercrime, through the active use of digital technologies is emphasised.

Criminal law confiscation of cryptocurrencies: some problems of law-enforcement practice

The article discusses the problems of classifying cryptocurrencies as property subject to confiscation in accordance with Chapter 15.1 of the Criminal Code of the Russian Federation. Despite the controversial nature of the possibility of foreclosure on cryptocurrencies, the amendments made to Article 104.1 of the Criminal Code by Federal Law No. 214-FZ of June 13th, 2023, expand the cases of confiscation in cases of crimes in the field of computer information (Chapter 28 of the Criminal Code), which, as a rule, involve the use of cryptocurrencies. The highest court in the new version of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 14, 2018 No. 17 “On some issues related to the use of confiscation of property in criminal proceedings” dated 12.12.2023 provides a number of provisions that allow us to judge the expansion of the possibility of using the confiscation of cryptocurrencies. The emerging heterogeneous judicial practice allows for various options for the confiscation of cryptocurrencies, depending on the specifics of the electronic medium and various features of storing cryptocurrencies. The lack of both regulatory and technical support for the execution of the confiscation of cryptocurrencies makes it difficult to effectively confiscate cryptocurrencies and achieve the goals of criminal proceedings, which requires amendments to the current legislation of the criminal cycle.

Ценностные ориентации у лиц, совершающих преступления экономической направленности и в сфере компьютерной информации

<p style="text-align: justify;">Taking into account the growth of economic crimes in Russia in recent years, and especially in the field of computer information, the article presents the materials of studying the value orientations of those who commit them. The data obtained on the basis of the “Value Orientations” method by M. Rokeach indicate a statistically significant contrast in the value preferences of the surveyed subjects who committed economic crimes (according to Section VIII of the Criminal Code of the Russian Federation) and crimes in the field of computer information (Chapter 28 of the Criminal Code of the Russian Federation), and both in terms of individual priorities for terminal values and for the rank statuses of many diverse instrumental values. It is revealed that there is also the closeness of value profiles in the surveyed contrasting subjects of the crimes, which is primarily due to the characteristics of the defectiveness of their moral and legal consciousness: in particular, when ranking terminal values, “creativity” and “the happiness of others” are in the last places in the hierarchy of value preferences, and among instrumental values, the rank weight of a number of socially significant values — “honesty” , “sensitivity”, “tolerance” — is downgraded. Taking into account the results obtained, as well as data on previously conducted domestic and foreign publications, scientifically significant guidelines for the implementation of prevention and for further research have been substantiated.</p>

Issues of Criminalization of Acts in Relation to Personal Data in the Context of Draft Law № 502113-8

Relevance. The relevance of the study is dictated by the existing contradictions between the need for direct criminal protection of personal data and the problems of criminalization of relevant acts, which is reflected in the light of Draft law No. 502113-8 «On Amendments to the Criminal Code of the Russian Federation» submitted to the State Duma of the Russian Federation on 04.12.2023.The purpose. Resolution of these contradictions through a critical assessment of design structures for their compliance with social and legal needs in criminalizing illegal actions with personal data.The objectives. The study of this draft law, the determination of the quality of draft criminal law prohibitions (their constructive and differentiating features), the resolution of the identified problems of criminalization of acts.Methodology. When writing the work, the author relied on the universal dialectical method of cognition, logical methods (analysis, synthesis) were also used, in addition, documentary, formal-legal, dogmatic, systematic methods.Results. Draft law No. 502113-8, which proposes criminalization of illegal actions with personal data within the framework of Chapter 28 of the Criminal Code of the Russian Federation «Crimes in the field of computer information», has been subjected to critical reflection. The absence of grounds for defining the relevant acts as computer crimes has been proved. Other contradictions and shortcomings of the design structures have been identified.Conclusions. According to the results of the study, it was concluded that the specified draft law does not meet modern needs in the criminal law protection of personal data, contradicts the principle of formal certainty and doctrinal ideas about criminalization of acts, differentiation of responsibility, as well as technical and legal rules for the construction of criminal law norms. The author shares the conviction that it is necessary to establish criminal liability for illegal actions with respect to personal data in an independent norm, but believes that it should be placed in Chapter 19 of the Criminal Code of the Russian Federation. The author's concept of the criminal law prohibition of illegal actions with personal data is proposed.

Problematic Issues of Establishing the Signs of an Organized Group for Crimes Committed Using Information and Telecommunication Technologies

Every fourth crime today is connected with the use of information and telecommunication technologies or committed in the field of computer information. Most of them are committed by organized groups, but not all participants in such criminal associations are brought to criminal responsibility, and about 70% of the acts in this category remain unsolved at all. One of the reasons for this state of things is the difficulty of proving the fact that an offence was committed by an organized group. At the same time, in law enforcement practice and the theory of criminal law, there is still no unified approach to the concept of “organized group” and its constituent elements. The purpose of the study is to study the practice of qualifying acts related to the use of information and telecommunication technologies or computer information on the basis of their commission by an organized group. Research objectives: to study sentences and other final decisions of courts of various instances in criminal cases of such crimes, scientific publications on the problems of complicity in general and organized group in particular, to determine on this basis the mandatory and optional features of this kind of group. In the process of research, the author of the article used the general scientific, frequent-scientific and special methods of cognition, primarily methods of analysis and synthesis, logical, system-structural, comparative, functional, formal-legal and statistical methods. The author of the article studied 52 verdicts and definitions of appeal and cassation court instances, as well as scientific publications on the problems of complicity in crime. According to the results of the study, the mandatory signs of an organized group are formulated and its definition is given, recommendations are given on proving the fact of committing crimes using information and telecommunication technologies or in the field of computer information by an organized group.

ОСОБЕННОСТИ РОЗЫСКНЫХ МЕРОПРИЯТИЙ ПРИ РАССЛЕДОВАНИИ ПРЕСТУПЛЕНИЙ, СОВЕРШАЕМЫХ В СФЕРЕ КОМПЬЮТЕРНОЙ ИНФОРМАЦИИ

It is difficult to overestimate the issues of improving the tactics of investigative measures in the investigation of crimes in the field of computer information. In recent years, due to the significant growth of digitalization, both quantitative indicators of crimes in the field of computer information and their qualitative level have been steadily increasing. It becomes more difficult for investigative bodies to collect the necessary evidence, detect electronic and digital traces, determine their authorship and establish cause-and-effect relationships. Modern operational investigative measures assume that law enforcement officers have the skills to detect and analyze digital data, extract electronic traces, as well as record these data as evidence. The investigation of crimes in the field of computer information requires specialized knowledge and skills to effectively counter the new methods and technologies used by offenders. The relevance of the search tactics is due to the need to adapt to the ever-changing cyber threat and ensure the security of information systems. It is determined that law enforcement agencies need to constantly improve their skills and enrich their knowledge, the need for appropriate material and technical equipment, assuming the availability of specialized tools, is obvious. It is especially important to modernize the tactics of searching for suspects. It has been revealed that wiretapping is an important element in conducting operational search activities. Listening involves installing audio tracking devices on telephone communication lines, as well as concluding an agreement with telecom operators to gain access to Internet traffic and telephone conversations. However, there are significant risks of abuse of authority by law enforcement agencies. Unfortunately, the law does not define a list of criteria by which it is possible to determine whether listening should be used in a particular case or not. This creates threats to users’ personal data and introduces uncertainty into law enforcement activities.

Criminal-legal assessment of cyberextortion

The article discusses the issues of qualification of cyberextortion. In particular, this act is analyzed as a kind of ordinary extortion, as well as a kind of exclusively informational crime. It is concluded that in addition to the threats characteristic of article 163 of the Criminal Code of the Russian Federation, there are also threats that are not included in the list of methods of committing a crime listed in this article, and, accordingly, the impossibility of bringing a person to criminal responsibility for a number of variations of cyberextortion under article 163 of the Criminal Code of the Russian Federation. Since it also seems problematic to qualify such acts according to the totality of article 163 and the norms of the Criminal Code of the Russian Federation on crimes in the field of computer information, the author believes that it is necessary to modernize the criminal law and proposes to supplement the disposition of article 163 of the Criminal Code of the Russian Federation with new ways of committing this crime.

Трансформация угроз экономической безопасности на примере института фальшивомонетничества в России

The article analyzes federal and regional statistics of accidents related to forgery, storage and distribution of counterfeit money in Russia. The authors come to the conclusion that the registered violations are associated with the strengthening of banknote protection technologies and changes in the structure of the money supply. According to the authors, the demand for accidents associated with the counterfeiting of money was absorbed by particulars committed using information and telecommunication technologies or in the field of computer information.

Telecommunications Secrecy Violation in the Context of Russian Criminal Law: Current Problems and Prospects for Overcoming Them

The paper is devoted to the controversial issues of criminal liability for violating the secrecy of correspondence, telephone conversations, postal, telegraph and other messages based on the analysis of Russian legislation, generalization of judicial practice and experience of foreign countries. The author explains the concept and content of communication secrecy, examines its correlation with other types of legally protected information, provides a criminal legal assessment of the dissemination of mutual correspondence without the consent of one of the addressees, and considers a sign of insignificance of the act in relation to encroachments on constitutional human rights. Telecommunications secrecy is defined as any information transmitted using wired, radio, optical or other electromagnetic systems, to which access is restricted in accordance with the Constitution of the Russian Federation, other regulatory legal and local acts. It is proposed to consolidate the provision that only a person who is not the addressee of negotiations, correspondence and other messages can bear criminal responsibility for violating the secrecy of communication. The rules of qualification of the violation of the secrecy of communication are formulated in conjunction with the crimes in the field of computer information, as well as with the illegal receipt and disclosure of information constituting a trade secret. It is noted that Part 2 of Article 138 of the Criminal Code of the Russian Federation should be supplemented with the provision listing qualifying signs of the use of information and telecommunication networks by a person and about unauthorized access to the critical infrastructure of the Russian Federation. The author criticizes the refusal of the courts to recognize the violation of the secrecy of communication as an insignificant act only because of the special significance of the object of criminal law protection. A rule is established to eliminate competing criminal law norms concerning exemption from liability for violating the secrecy of communication by applying the article of the Criminal Code of the Russian Federation, which is the most favourable for the person who committed the crime. In conclusion, the author proposes a new version of the article of the criminal law on violation of the secrecy of correspondence, telephone conversations and other telecommunication messages that provides for the composition of a crime with administrative prejudice.

COMPUTER-INFORMATION CRIME SCREENING TACTICS

The article explains the tactics of conducting an inspection of crimes in the field of computer information, the concept of computer-technical tools and the tools included in it, the goals and procedure of the inspection of computer facilities are described.

The Concept of Crimes against Digital Data Security

In the theory of criminal law, there are many approaches to understanding the concept and content of computer crimes. Some authors adhere to a strictly normative approach, using the term «crimes in the field of computer information» and referring to this category of acts provided for by Chapter 28 of the Criminal Code of the Russian Federation. Other authors operate with concepts «computer crimes,» «information crimes,» «cybercrimes,» «crimes in the field of high technologies,» «Internet crimes,» etc. The paper also presents an analysis of foreign regulations, demonstrating a significant difference in the directions of regulating criminal liability for computer crimes. The lack of a uniform approach creates obstacles to effective scientific and legislative activity. The author attempts to develop the most comprehensive and accurate definition covering crimes related to the use of computer technology. The author proves that the term «computer» is outdated and requires replacement, as the term «electronic computing machine» previously used in the criminal law. Recent changes in various branches of law are characterized by the use of the adjective «digital,» which is applicable to criminal law. Starting from the concept of digital information that was earlier developed by legal scholars the author proposes a new definition covering crimes related to the use of computer technology. When forming a definition, the author, first, takes into account the object of encroachment, and as additional features — tools, means or method of committing an act. According to the results of the study, the author gives the concept of crimes against the security of digital information — these are socially dangerous acts that cause harm or put in danger of harming the state of security of the processes of searching, collecting, storing, processing, providing, distributing digital information committed using information and telecommunications technologies or violating the rules of their use.

Вопросы квалификации преступлений в сфере компьютерной информации

In the article, based on the analysis of the practice of the preliminary investigation units of the internal affairs bodies, the problems of qualifying crimes in the field of computer information are identified and ways to solve them are proposed. The author proposes to amend the legislation for an adequate legal response to cybercrimes related to encryption of computer information and subsequent demands for the ransom of passwords for decryption, since this act is not covered by the current version of Article 163 of the Criminal Code of the Russian Federation.

Criminal Liability for Cybercrimes in the BRICS Countries

One of the areas of cooperation among the BRICS countries is tackling the misuse of information and communication technologies for criminal activities. Each year, the number of cybercrimes continues to grow. Furthermore, the criminal regulation of cybercrimes in each country differs. This article aims to identify the features of criminal liability for cybercrimes in the BRICS countries and offer potential solutions for developing joint legislation initiatives. The primary focus of this discussion is on cybercrime provisions that can be found in the legal acts of the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa. The main finding of this research is that the criminal law of each country contains different corpus delicti for dealing with crimes committed in cyberspace. There are also differing conceptions of what constitutes cybercrime. The author proposes the enactment of a common document for the BRICS countries that would contain a shared understanding of cybercrimes as well as the various types of cybercrimes. It is possible to divide cybercrimes into two categories: special cybercrimes committed in the field of computer information and general criminal cybercrimes executed using information technology to commit any other common criminal offences. The results of this research can be used to study the problems of criminal responsibility for cybercrimes in the BRICS countries as well as analyze the ways in which the rules under consideration are actually applied in practice.

Some Issues on Forensics Digitalization

Amid forensics digitalization, an extremely urgent issue is to find a reasonable balance between private and public interests, between preserving the secrecy of correspondence, privacy, etc., guaranteed by the Constitution of the Russian Federation and the availability for obtaining information remotely without the user knowing about it, intercepting information transmitted over computer networks, and studying the memory of electronic devices. Illegal actions with electronic digital information can cause serious and irreversible consequences associated not only with property damage, but also with physical harm to people. The peculiarities of high-tech crimes are their high latency and the constant growth of their number. We should note that the scale of cybercrime has changed. The possibility that «cyber attacks» will be automated reduces the requirements for the qualification of the violator and increases the number of crimes. The current situation necessitates a comprehensive study of not only the investigation of crimes in the field of computer information, but also the digitalization of forensics in general. The technological progress of the 21st century in the field of cyberspace and electronic document management, the specifics of electronic information and methods of its seizure, production tactics persistently require the expansion of forensics objects, as well as the range of investigative actions regulated in the Code of Criminal Procedure of the Russian Federation. However, such an expansion of the range of investigative actions should be approached very carefully.The methodological basis of the study was: dialectical method as a general scientific method of cognition; general scientific and private scientific methods of theoretical and empirical cognition (features of the reflection of digital information in the information environment): description; analysis and synthesis of criminologists’ points of view; comparative legal method and method of system research.

Criminalistic training in modern higher school

The review presents the manuscript of the textbook “Criminalistics”, which is being prepared for publication. In the manuscript, the authors of the textbook, based on the established traditional approaches to criminology textbooks that have developed in Russian science, consistently present the material that is conceptually linked by the table of contents of the publication. It pays special attention not only to the already established and well-established educational knowledge, but also to the knowledge relevant to the current situation in which the law enforcement agencies of Russia function. Consistently in the sections of the criminalistics system in the textbook, the issues of criminalistic identification, forecasting, situational modeling and the basics of information and methodological use of criminalistics data in other types of law enforcement activities are revealed. The textbook reflects almost all the institutes of technical support of the investigation, including the issues of genetic identification of the individual, the study of computer information, the basics of the use of “artificial” intelligence in the investigation of crimes, expert activity in the investigation. Special attention is paid to the tactics of verbal and non-verbal investigative actions. For the first time, the issue of establishing causal relationships in the process of investigating crimes is considered. In the system of private forensic techniques, the authors have included both traditional and current methods of investigating crimes against public security and state power, terrorist and extremist orientation, official and official crimes, as well as crimes committed in the field of computer information.

Artificial intelligence – a means of method committing fraud in the field of computer information?

Problem statement. Despite the benefits that society receives from the use of artificial intelligence (AI), its use creates risks and threats, for example, as a means of committing a crime. The definition of “artificial intelligence” is reduced to the description of a set of individual information technologies that can collect and analyze data, as well as simulate human cognitive function. There are discussions in the scientific literature about whether and can be considered as a method, object or means of committing a crime. The article proves that it should be considered as a means of committing a crime. Goals and objectives of the study. The purpose of the study was to analyze the possibilities of using AI as a means of committing fraud in the field of computer information. The article analyzes the main methods of illegal acts, which are defined in Article 1596 of the Criminal Code of the Russian Federation, judicial practice of qualifying crimes under Article 1596 of the Criminal Code of the Russian Federation, the provisions of the Resolution of the Plenum of the Supreme Court of November 30, 2017 No. 48 (ed. dated 29.06.2021) “On judicial practice in cases of fraud, embezzlement and embezzlement”. The alleged criminal acts that can be qualified under art. 1596 of the Criminal Code of the Russian Federation, taking into account the methods of committing criminal acts.