CRIMINAL POLICY OF RUSSIA IN THE SPHERE OF CYBERCRIME PREVENTION: RATHER-LEGAL ANALYSIS
The dynamic and continuous process of information development followed by the appearance of new digital infrastructures, computer engineering, and digital communication technologies, on the one hand, positively influences all spheres of human activity promoting the improvement of life quality. On the other hand, these processes have negative consequences as well. In recent years, the number of thefts committed not in the traditional way but with the help of various products of technological and information progress (for example, through the Internet). Consequently, law enforcement authorities across the globe faced a new negative social phenomenon – cybercrime.
The authors carried out rather-legal analysis both of Russian and Belorussian legislation and case materials of two countries. Therewith, close attention is paid to the study of cyber fraud. The authors analyzed both the opinions of many Russian and Belorussian scientists concerning the understanding of a term “cybercrime” and the statistical data on the state of cybercrime for the period of 2016–2018 and assessed these data. The obtained data allows concluding about the negative criminological dynamics of cybercrimes both in Russia and in the territory of Belarus, about the intensive growth of some types of cybercrimes (cyber fraud and fraud committed using electronic payment facilities; other crimes committed through the Internet), as well as about the imperfection of crime policy in regards to the cybercrimes prevention. The authors suggest re-evaluating the provisions of criminal legislation in regards to the regulation of the responsibility for some types of cybercrimes, as well as re-confirming the position of the RF Supreme Court on the issues of considering actions committed in cyberspace as a definite type of thefts.