Criminal liability for unlawful access to computer information: a retrospective comparative legal analysis
Authors:
1.
Volgogradskaya akademiya MVD Rossii
Type:
Article
eLocation:
Status:
Published
Received:
18.02.2025
Accepted:
20.02.2025
Published:
13.07.2025
Subject area:
UDC 343.34
Language:
Russian
Keywords:
Information, unlawful access, information technology, «computer» crimes, criminal legislation, criminal liability.
Abstract (English):
Introduction. Our country continues to undergo economic transformations. The number of joint-stock, joint and private enterprises, farms, and representative offi ces of foreign companies increases every year. This dynamic, which corresponds to the growth of economic activity, is closely intertwined with the rapid development of information technology, which forms a new reality in which cybersecurity threats are acquiring a signifi cant scale. The development of the banking sector, the active introduction of modern computing and communication technologies in the activities of government agencies leads to an increase in the volume of stored and processed information. Unlawful access to information is one of the most common types of «computer» crimes. Such access is carried out using various methods, including social engineering technologies, password cracking, and the use of software vulnerabilities. The consequences of unlawful access can be very serious: leakage of confi dential data, fi nancial losses, damage to reputation, disruption of the activities of organizations and government agencies. Methods. When conducting the study, the general scientifi c dialectical method of cognition of the surrounding reality was in demand, which involves a complete and comprehensive study of phenomena, consideration of the connections and contradictions between them. In addition, the methods of description, comparative legal analysis, logical comprehension, abstraction and generalization were used. The dynamics of indicators characterizing crimes classifi ed under Article 272 of the Criminal Code of the Russian Federation was studied. Results. A comparative analysis of the legislation of different countries allowed us to establish that there is signifi cant variability in approaches to defi ning the elements of the crime of the type under consideration, the criteria for their qualifi cation and penalties for committing them. Some countries focus on material damage, others – on violation of data confi dentiality, others – on unlawful access. Unifi cation of terminology and criteria for qualifi cation on an international scale, in our opinion, is a prerequisite for effective international cooperation in the fi eld of counteracting unlawful access to information.
Introduction. Our country continues to undergo economic transformations. The number of joint-stock, joint and private enterprises, farms, and representative offi ces of foreign companies increases every year. This dynamic, which corresponds to the growth of economic activity, is closely intertwined with the rapid development of information technology, which forms a new reality in which cybersecurity threats are acquiring a signifi cant scale. The development of the banking sector, the active introduction of modern computing and communication technologies in the activities of government agencies leads to an increase in the volume of stored and processed information. Unlawful access to information is one of the most common types of «computer» crimes. Such access is carried out using various methods, including social engineering technologies, password cracking, and the use of software vulnerabilities. The consequences of unlawful access can be very serious: leakage of confi dential data, fi nancial losses, damage to reputation, disruption of the activities of organizations and government agencies. Methods. When conducting the study, the general scientifi c dialectical method of cognition of the surrounding reality was in demand, which involves a complete and comprehensive study of phenomena, consideration of the connections and contradictions between them. In addition, the methods of description, comparative legal analysis, logical comprehension, abstraction and generalization were used. The dynamics of indicators characterizing crimes classifi ed under Article 272 of the Criminal Code of the Russian Federation was studied. Results. A comparative analysis of the legislation of different countries allowed us to establish that there is signifi cant variability in approaches to defi ning the elements of the crime of the type under consideration, the criteria for their qualifi cation and penalties for committing them. Some countries focus on material damage, others – on violation of data confi dentiality, others – on unlawful access. Unifi cation of terminology and criteria for qualifi cation on an international scale, in our opinion, is a prerequisite for effective international cooperation in the fi eld of counteracting unlawful access to information.
Keywords:
Information, unlawful access, information technology, «computer» crimes, criminal legislation, criminal liability.
Information, unlawful access, information technology, «computer» crimes, criminal legislation, criminal liability.
