PREVENTION OF THE USE OF MODERN INFORMATIONTECHNOLOGY FOR CRIMINAL GOALS

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PREVENTION OF THE USE OF MODERN INFORMATIONTECHNOLOGY FOR CRIMINAL GOALS

Journal Title: Правовий часопис Донбасу - Year 2018, Vol 62, Issue 1

Abstract

Computer crimes are a new type of socially dangerous acts, and their definition must be given in the light of the feature that is the basis of the current classification of crimes. It is the concept of crimes in the field of the use of electronic computers (computers), systems and computer networks and telecommunication net- works (computer crimes) can be formulated as socially dangerous, unlawful, criminal, guilty acts that cause harm. information relations, a means of ensuring the normal functioning of which are electronic computers, automated systems, computer networks or telecommunication networks. Such crimes should include crimes provided for in Articles 361 — 363-1 of the Criminal Code of Ukraine. In the opinion of N. S. Kozak, the urgency of the investigation of computer crimes is due to the fact that the peculiarities of the formulation of the norms of the Criminal Code of Ukraine concerning these crimes to some extent complicate, and in some cases, practically make their application impossible, they cause ambi- guous understanding by law enforcement and judicial authorities, that leads to errors in the qualification of these crimes [3]. The emergence of the first computer crimes and the further growth of computer crime were due to the transi- tion to automated systems of document circulation. The processes of automation of banking activities determined a qualitatively new stage in the growth of computer crime. Favorable conditions for the implementation of computer crimes and the social situation of that period are characterized by active market transformations and the massive impoverishment of a large part of the population of the country, which identified the causes and conditions (determinants) for committing these socially dangerous acts that are embodied in the motivation of criminals. Most computer crimes were committed to enrich. Of the total number of reported and analyzed crimes, 52 % were associated with theft of funds, 16 % — with destruction and destruction of computer software, 12 % — with deliberate distortion of source data, 10 % — with theft of information and programs, 10 % — with stealing services [6]. The improvement of the fight against computer crime and other violations in the field of computer informa- tion should be directed at the overall organization of this activity, including the development of information legislation, as well as the prevention of computer crime and the activation of punitive and legal activities. The initial stage in the fight against computer crime is information and analytical work. Therefore, at an early stage, it is very important to create an effective and effective computer crime ac- counting system, studying its «geography» and develop an analytical framework for the bodies that carry out the fight against these socially dangerous acts. Legislation in the field of computer information should be directed to the development of interstate and domestic lawmaking, which regulates the exchange of information. An important role in protecting against computer crime is played by the legislative work aimed at creating normative acts that regulate the formation, use and protection of confidential information. It is about the legislative regulation of the activities of information circulation subjects connected with personal data (in- formation about citizens), commercial, official, banking, professional secrets, etc. At the stage of prevention of computer crimes, it is important, firstly, to change the conditions of the envi- ronment in such a way as to make it difficult or impossible to criminalize the use of computer information and technology; and secondly, to ensure targeted positive impact on people and thereby prevent their crim- inal behavior in this area. At the state level, it is important to develop special systems for the protection of computer information of national, national significance, as well as the creation of the legal basis for their functioning. An important role in this must play a specialized legal education of information circulation subjects, owners and users of computer information and technology. With regard to the criminologically significant aspects of law enforcement, it must be borne in mind that the in- quiry authority, investigator, prosecutor, court faces suspects and defendants who have special knowledge. Therefore, it is important to select experts and experts whose technical and informational training would con- tribute not only to solving questions of evidence, but also to clarify the causes and conditions for the commission of such crimes, and to develop methodological recommendations for their prevention or elimination.

Authors and Affiliations

Vitaly Topchiy, Dmitry Tichina

Keywords

computer crimes; cybercrime computer crime; computer information; information space; elec- tronic computers (computers); computer systems and networks; telecommunication network; precautions to ensure the protection of the information space

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