The aim of the study is to analyze the cybernetic space as a new environment of crime and to develop a definition apparatus based on it. The material of the study was: international acts, the current legislation of the Russian Federation, scientific literature. The methodology is based on the dialectical method of cognition. In addition, the authors used general (analysis and synthesis, logical, system-structural methods) and specific (formal-legal) scientific methods of cognition. The authors note that, in the Russian legal literature, there is no single position regarding the definition of the cybernetic space and the unambiguity of its interpretation. Various approaches to the definition of the term “cybernetic space” are considered. Another vision of the term is presented. The authors state that the “virtual reality” and the cybernetic space are distanced; the cybernetic space is a multidimensional category that has philosophical, social, psychological, criminalistic, criminal-legal, criminological, and other dimensions. The features of the cybernetic space (digitalization, virtualization of reality, interactivity, hyperlink and distribution function) are revealed. The authors analyze the material, informational, social, and psychological aspects of the cybernetic space, as well as the concept of cyberspace in criminalistics; identify the tasks of criminalistics at the present stage of the cybernetic space's formation and development; formulate the definition of the cybercrime; determine the correlation of cyberspace with other related categories. The authors conclude that the cybernetic space is a generalized name for a system of software tools and documentary files arranged in accordance with certain protocols of automated information processing, located in the memory of electronic digital devices or electronic digital information in the process of transmission in any available way, or information distributed in a computer system or network. The lack of a legal regulation of the cybernetic space entails cybercrimes - crimes, infringing on various social relations protected by the current criminal legislation of the Russian Federation, committed in the cybernetic space through computer, electronic, multimedia input devices.
A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.