CRIMINAL LAW PROTECTION OF INDIVIDUALS FROM CYBERSTALKING

There is no doubt that crimes against individuals have a high degree of social danger, since they are aimed directly at causing harm to a person’s life, health, honor and dignity. Though in a rule of a law state, the protection of the individual is a paramount task, since a person, human rights and freedoms are the highest value in the state. The lack of norms ensuring the implementation of criminal liability for cyberstalking is in many ways an obstacle to the creation of a well-functioning mechanism for overcoming crisis phenomena in the criminal legal protection of individuals. The article examines the need to introduce criminal liability for cyberstalking in the Russian Federation. The authors analyze the norms of criminal legislation of foreign countries (India, Australia, USA, Canada, Germany), which provide liability for cyberstalking. Attention is drawn to the fact that the phenomenon under study carries a potential threat to the mental or physical state of the victim. In conclusion, the authors offer their vision of improving criminal legislation.

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Publication Details

Journal
LEGAL ORDER History Theory Practice
Published
2024-12-28
DOI
https://doi.org/10.47475/2311-696x-2024-43-4-138-143
Primary Topic
Stalking, Cyberstalking, and Harassment
Type
article
Field-Weighted Citation Impact
0.00
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article

CRIMINAL LAW PROTECTION OF INDIVIDUALS FROM CYBERSTALKING

Анна Игоревна Видергольд, D.V. BIRYUKOVA
LEGAL ORDER History Theory Practice
Stalking, Cyberstalking, and Harassment
article

CRIMINAL LAW PROTECTION OF INDIVIDUALS FROM CYBERSTALKING

Анна Игоревна Видергольд, D.V. BIRYUKOVA
article en

Abstract

There is no doubt that crimes against individuals have a high degree of social danger, since they are aimed directly at causing harm to a person’s life, health, honor and dignity. Though in a rule of a law state, the protection of the individual is a paramount task, since a person, human rights and freedoms are the highest value in the state. The lack of norms ensuring the implementation of criminal liability for cyberstalking is in many ways an obstacle to the creation of a well-functioning mechanism for overcoming crisis phenomena in the criminal legal protection of individuals. The article examines the need to introduce criminal liability for cyberstalking in the Russian Federation. The authors analyze the norms of criminal legislation of foreign countries (India, Australia, USA, Canada, Germany), which provide liability for cyberstalking. Attention is drawn to the fact that the phenomenon under study carries a potential threat to the mental or physical state of the victim. In conclusion, the authors offer their vision of improving criminal legislation.

LEGAL ORDER History Theory PracticeVol. 43(4)
South Ural State University (RU)
Openalex Percentile: Top 58%
Stalking, Cyberstalking, and Harassment
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