Практика протидії кримінальним правопорушенням у сфері використання інформаційних технологій

Based on the analysis of open data, the article assesses the current state of the fight against crimes for which liabilityis provided by Articles 361‑363‑1 of the Criminal Code. Depending on the degree of prevalence, such socially dangerousacts are classified into three types: high, medium and low prevalence. The author establishes that comparatively less severe means of criminal law regulation are applied to persons whohave committed ’computer’ criminal offences. At the same time, according to the specifics of the use of such means,criminal offences in the field of information technology use are divided into two groups. The first group includes offencescharacterised by fines and frequent plea bargaining, while the second group includes offences for which exemption frompunishment is more often used and those for which plea bargaining is less frequent.It is concluded that the practice of combating this type of crime is in the process of formation, is not sustainable andis developing under the constant influence of information technology updates. The author emphasises that one of the mostimportant problems in this respect is primitivisation. In this regard, the author suggests promising areas for improvementof legislation, including the establishment of clear criteria of public danger; replacement of complex lists of technicalmeans by a more generalized concept of «computer system»; revision and optimisation of the rules on restrictedinformation.Keywords: informatisation, cybercrime, computer crime, primitivisation.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2024-12-31
Primary Topic
Magnetic confinement fusion research
Type
article
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article

Практика протидії кримінальним правопорушенням у сфері використання інформаційних технологій

Scientific periodicals of Ukraine
Magnetic confinement fusion research
article

Практика протидії кримінальним правопорушенням у сфері використання інформаційних технологій

article en

Abstract

Based on the analysis of open data, the article assesses the current state of the fight against crimes for which liabilityis provided by Articles 361‑363‑1 of the Criminal Code. Depending on the degree of prevalence, such socially dangerousacts are classified into three types: high, medium and low prevalence. The author establishes that comparatively less severe means of criminal law regulation are applied to persons whohave committed ’computer’ criminal offences. At the same time, according to the specifics of the use of such means,criminal offences in the field of information technology use are divided into two groups. The first group includes offencescharacterised by fines and frequent plea bargaining, while the second group includes offences for which exemption frompunishment is more often used and those for which plea bargaining is less frequent.It is concluded that the practice of combating this type of crime is in the process of formation, is not sustainable andis developing under the constant influence of information technology updates. The author emphasises that one of the mostimportant problems in this respect is primitivisation. In this regard, the author suggests promising areas for improvementof legislation, including the establishment of clear criteria of public danger; replacement of complex lists of technicalmeans by a more generalized concept of «computer system»; revision and optimisation of the rules on restrictedinformation.Keywords: informatisation, cybercrime, computer crime, primitivisation.

Scientific periodicals of Ukraine
Openalex Percentile: Top 32%
Magnetic confinement fusion research
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