Legal encyclopedia. Letter P

CRIMES IN THE FIELD OF COMPUTER SECURITY

Computer crimes are discussed in Ch. 28 of the Criminal Code, which is called "P. in SK B. B.".

Criminal actions include illegal access to computer information, the creation, use and distribution of malicious programs for computers, violation of the rules for the operation of computers, computer systems or their networks.

At the same time, unlawful access to computer information is qualified as a crime under the following conditions:

1) if computer information is protected by law, i.e. Is represented on a computer medium, in a computer or their network;

2) if unauthorized access to computer information resulted in the destruction, blocking, modification or copying of information, disruption of the operation of computers, computer systems or their networks.

The same actions committed with

Use of official position, entail punishment in a larger amount. This rule means that outside hackers bear less criminal responsibility than employees of the firm or persons admitted to computer information of the firm on the basis of the contract.

The violation of the rules for the operation of computers, computer systems or their networks, which entailed the destruction, blocking or modification of computer information, in the event that significant harm is caused or, by negligence, grave consequences, is also classified as a crime.

The subject of the crime is the computer-protected computer information.

This crime on the objective side is expressed in unauthorized access, resulting in the destruction, blocking, modification or copying of information, disruption of the operation of computers, computer systems or their networks.

On the subjective side, by exercising unauthorized access to computer information, the guilty person is aware of the socially dangerous nature of his actions, foresees the possibility or inevitability of the consequences indicated in the law and wishes them

Offensive (direct intent) or does not want, but consciously admits these consequences or refers to them indifferently (indirect intent). Qualified type

Unauthorized access to computer information is the commission of an act by a group of persons by prior agreement or an organized group or a person using their official position, as well as having access to a computer, a computer system or their network.

Committing a crime by a group of persons by prior conspiracy is a more dangerous type of crime, since it is carried out in complicity. A crime is recognized as committed by a group of persons by prior conspiracy, if it involves persons who have agreed in advance on the joint commission of a crime. The main characteristic feature of this form of complicity is the presence of prior collusion for the commission of a crime.

The motives and goals of this crime can be anything. This is a mercenary motive, the goal is to get any information, a desire to harm, a desire to test their professional abilities.

The objective side of this crime is expressed in the following alternative actions:

1) to create a new program (writing its algorithm, that is, a sequence of logical commands, and then converting it into a machine-readable language);

2) in making changes to existing programs (ie their modifications);

3) the use of such programs (release into circulation for the intended use);

4) in the distribution of such programs or computer media with such programs. It can be carried out both on a computer network (local, regional or international), and through machine carriers by selling them, donating, lending, etc.

The subjects of this crime can be both developers of malicious programs, and other users who can use them, for example, to protect their software and information from abductors or to infect other computers.