No. 3 (2024)

Articles

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  Creation of deepfakes as the offense against the person The article covers usage of deepfake technologies. They may be used to commit various crimes, but can lead to serious harm to a person. This harm is partly covered by provisions on libel and pornography, but both of them leave certain acts with intimate images out of the criminal law field. This is why some criminal law provisions need to be modified.

  T Alekseeva

  11-14

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  Involvement in terrorist and extremist activities using digital technologies: the criminal-political aspect The article examines individual criminal-political issues on measures of legal influence on subjects who involve (incline, recruit) other persons in committing crimes of a terrorist, extremist or sabotage nature using digital technologies. The social danger and the mechanism for committing such crimes are revealed. It has been determined that digital technologies arc used in the process of performing their objective side. The conclusion is made about the need to adjust the criminal law.

  E Antonova

  14-24

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  Problems of criminological study and analysis of crimes in the sphere of digital currency turnover The article examines the problems that are an obstacle to the study of crimes committed in the sphere of digital currency turnover. It is noted that the identified problems need to be addressed as a matter of priority in order to ensure proper and, above all, scientific support for countering these criminal acts.

  I Begishev, N Denisov

  24-26

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  The content and trends of digital crime The article examines the consequences of the use of high technologies by a criminal element for illegal purposes. It is noted that the digital transformation of society and the state apparatus has led to both positive and negative consequences, in particular to an increase in recorded acts related to digital technologies. The factors leading to a low detection rate of digital crimes are indicated. It is argued that the terminology of digital crime, due to the wider coverage of criminal orientation, is a more voluminous definition than computer crime.

  I Begishev, A Khusainov

  27-29

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  Examples of using the computer program "artificial intelligence for countering tax crimes" and the prospects for its application The paper provides examples ot using the computer program "Artificial intelligence for countering tax crimes", outlines the prospects for its application for automatic qualification and forecasting of existing signs of crimes provided for in Articles 198-199 of the Criminal Code of the Russian Federation.

  A Valter, D Goncharov

  29-33

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  Responsibility for the disclosure via the internet of data that became known during the course of investigative actions The use of the Internet in the detection and investigation of crimes, as well as in the process of communication between participants in criminal proceedings and other interested persons, is currently becoming widely known. However, as a result of such interaction, there is a high probability that information that is confidential or relevant to a preliminary investigation or investigative actions may be accidentally or intentionally disclosed and become public. However, this can significantly complicate the investigation or facilitate the concealment of traces of a crime, or it will warn the likely perpetrator that investigative measures are being carried out against him, and, accordingly, responsibility must be established for the leakage of this information. This scientific work is devoted to the analysis of possible measures of responsibility for the disclosure of data identified during investigative activities via the Internet.

  E Gilmanov, R Gilmanov, E Azarov

  39-41

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  The use of forensic techniques to solve crimes in the digital sphere Due to the trends in the development of society as a whole, minology must keep up and apply more and more modem tools and techniques both for the development and application of scientific achievements in the name of preventing non-trivial crimes hitherto unseen.

  E Gilmanov, A Babaeva

  36-38

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  Countering cybercrime as a major problem in modern society This article identifies the main problems associated with the prevention of crimes committed using information technology. Currently, the virtual space has become a part of people's lives, and therefore, there is an increase in cyberspace, which has a negative impact on various spheres of society.

  E Vlasova, A Glezova

  33-36

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  Prevention system fraud using social engineering One of the most pressing problems of crime at all times is its growth, which directly depends on the period of development of society and the deficits that it is experiencing. Now modern society is going through a powerful period of digitalization as a stage of development, which in its negative manifestations is characterized by two deficits: a lack of socialization and a decrease in horizons, which, as a result, lead to a decrease in the level of logical analysis of what is happening at various levels of the human psyche. The paper proposes an author's system of preventive actions aimed at preventing fraud using social engineering.

  Yu Grafova

  46-48

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  Involvement of minors in criminal activities through interaction in the internet space The article examines the involvement of minors in criminal activities through communication on the Internet as one of the ways of victimization of minors. Based on the results of the study, it was concluded that there is a need for a deeper study of this method of victimization of minors and attention was drawn to the need to develop special methods of victimological prevention.

  E Glyanc

  42-45

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  Ethical bases of meta-universes use The essence of the use of ethical categories in digital legal relations comes down to defining the framework of public discussions, regarding the content on the basis of the ideas of recognition and social justice. The demand for the concept of ethical foundations in the use of virtual spaces is based on the fact that ethics allows to form the direction of future normativity in the use of meta-universes. New norms of morality can become the basis for the formation of modern normative acts.

  V Denisovich

  48-50

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  The criminological dimension of meta-universes The use of digital technologies and the introduction of WEB 3.0, the recognition of the need to use the three-dimensional Internet for pressing human needs has made it necessary to change the existing institutions and systems of law. Virtual reality ceases to be only a futurological topic for discussion. Modem professional communities need a new vision of the mechanisms of legal regulation of social relations in three-dimensional space, since it has not only existed for a long time, but there are already legal relations in it, which entail complex groups of legal relations that can both help and harm a person in solving his goals and objectives. The article presents an analysis of the main criminological risks that may affect the formation of criminological indicators of crime in the Russian Federation in the future, as well as increase the level of social tension in society.

  V Denisovich

  51-56

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  Digital crime prevention tools The article is devoted to the study of digital crime, recorded in official statistics as crimes committed using information and communication technologies or in the field of computer information. There has been an increase in the number of reported crimes, which indicates a likely further increase in the future. Data on the increase in the number of Internet users and the time they spend online arc also presented. Some subjects of digital crime prevention have been identified. Comprehensive measures have been proposed, with an increased role for government agencies.

  D Drozdov

  56-59

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  The usege of artificial intelligence in criminal procedural law The purpose and objectives of the research arc to study the application of neural network models in criminal procedural law, subject to law enforcement practice and theory of criminal procedure in Russia and abroad in terms of their positive or negative impact on the development of this branch of law. The conducted research touches upon the concepts of the use of artificial intelligence, the potential for its development, and the attitude of "alive" workers to modern technologies.

  E Dubynin, A Bernyackiy

  59-65

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  Modern digital technologies in criminal proceedings The article discusses the prospects for the introduction of digital technologies in the field of criminal justice (in particular, in judicial and pre-trial proceedings). Close attention is paid to specific technologies that are already actively used in criminal proceedings, their critical assessment has been carried out, and legislative prospects for the introduction of other innovative technologies have been outlined.

  V Dudarev

  65-68

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  Correlation of means of proof in criminal proceedings and the results of artificial intelligence algorithms In the development of the theory of means of proof according to S.B. Rossinsky, it was shown for the first time that the results of the work of artificial intelligence systems in the process of proving a criminal case are auxiliary means of proof. The addition of the composition of the auxiliary means of proof by the results of the work of artificial intelligence algorithms is justified. A fourth distinctive feature of the auxiliary means of proof has been introduced and, on this basis, a new definition of the category has been given.

  E Efimov

  69-74

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  Foreign and russian experience in the criminal law regulation of liability for trash streams The article discusses the issues of regulating responsibility for the public demonstration of criminal acts committed using information and telecommunications technologies, in particular, using social networks, various digital platforms, etc. The opinions of Russian scientists, as well as the Russian legislator on the issue of countering these illegal acts, as well as the experience of a number of foreign countries in this matter are analyzed.

  A Krekhovec

  77-80

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  Differentiation of criminal liability in the sphere of artificial intelligence and robotics: statement of the problem The article examines the problem of determining the guilty subject when harm is caused by robots with artificial intelligence systems. It is noted that criminal legislation does not contain special crimes in the field of using robots or artificial intelligence technologies. The article proposes a differentiated approach to liability depending on the degree of autonomy of the robot (full or partial) and depending on the implementation of a specific type of activity by the robot (together with a person or in his absence).

  L Ivanova

  74-77

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  About a new qualifying feature in a special part of the criminal code of the Russian Federation – public demonstration through the media Federal Law No. 218-FZ of August 8, 2024 further amendments were made to the Criminal Code of the Russian Federation. This time, the changes covered a number of articles of the Special Part of the Criminal Code of the Russian Federation, as well as a new aggravating circumstance was introduced in Article 63 of the Criminal Code of the Russian Federation - paragraph "t", "committing an intentional crime with a public demonstration, including in the media or information and telecommunication networks (including the Internet)". The need to make such additions to the criminal legislation has been overdue for a long time, and therefore it is necessary to make a certain value of these editorial amendments.

  E Latypova, R Musina

  85-88

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  Digital technologies and their role in increasing the transparency and effectiveness of anti-corruption measures This article examines the importance and influence of digital technologies on the effectiveness of anti-corruption measures. Digital technologies play a key role in increasing the effectiveness of anti-corruption measures. They contribute to increasing transparency, reducing the level of corruption, and increasing citizens' trust in state institutions. Social networks and specialized public monitoring platforms provide citizens with tools for reporting corruption cases and discussing transparency issues. Active anti-corruption measures should include the role of public control in public life, because it promotes active public participation in anti-corruption measures; electronic platforms for registering enterprises, obtaining licenses in financial and economic management, paying taxes and other activities; reducing communication between citizens and government officials to reduce corruption risks. The use of digital information technologies to combat corruption has shown that the use of computer automated software and artificial intelligence algorithms is the most effective tool for simplifying administrative processes, controlling the transparency of the company's activities, and government bodies.

  A Kukeev

  80-85

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  About the process of recognizing a person as a foreign agent The priority tasks of any state are to maintain security, sovereignty and protect national interests, but changes in the domestic and foreign policy situation, as well as the development of information technologies, cause the need to improve existing and develop new mechanisms to respond to potential threats. One of the urgent problems related to national security issues is the possibility of a person staying inside the country who acts in the interests of another (foreign) state or such an organization, this person is recognized as a foreign agent. Recognition and establishment of the status of a foreign agent is important for the State, as this opens up opportunities for taking effective measures to prevent, suppress and neutralize actions that threaten the interests and security of the State. Accordingly, it is necessary to investigate the procedure for recognizing a person as a foreign agent.

  E Latypova, K Rogova

  88-94

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  Criminal liability for public calls to aggressive war in the conditions of information confrontation: modernization prospects The article examines some aspects that reduce the effectiveness of criminal-legal regulation of relations that make up international peace in the modem conditions of information confrontation. It is proved that public calls to unleash an aggressive war should be considered only as part of a more general concept of propaganda of aggression. The position is substantiated, according to which the public danger of propaganda of aggression carried out in the information space may be higher in comparison with public calls for this crime. A conclusion is made about the need to modernize the legal norms on aggression in order to increase the effectiveness of the criminal-legal mechanism for ensuring international peace, but taking into account the provisions of international law, the dominants of legal policy, the rules of legal technique, the requirements of the theory of criminalization and the general principles of lawmaking.

  D Lobach

  94-101

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  Scientific and technological progress as a factor in the transformation of criminal The article examines the impact of the process of digitalization of society on the legal sphere, in particular, on criminal law and criminal proceedings. The author substantiates the point of view that the development of artificial intelligence technology will lead to the transformation of the economy and society, which in turn will require modification of law and revision of the exis ting criminal legal system. The subject of the study was the possible risks in the field of criminal law regulation in the context of the increasing dominance of digital technologies, insufficiently investigated in the domestic science of criminal law.

  T Lopatina

  101-107

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  Criminal legal aspects of bribe and gifts in the digital space The purpose of the study is to distinguish between a bribe and a gift in the criminal legal aspect of these categories, which today exist unhindered in the digital space, and also to separate the concepts being studied in theory and in practice sometimes seems extremely difficult. The difficulties of law enforcement lie in the fact that a bribe is often mistaken for a gift, and vice versa, although in our scientific article we tried to give very clear criteria for the distinction. The digital space of the modem world provides enormous opportunities for receiving and giving bribes, and for giving and accepting gifts, but being extremely similar in form and content, a bribe and a gift have not yet found proper differentiation in the criminal legal field. The severity of the problem of distinguishing bribery as the most striking corruption crime of our time from the usual acceptance of gifts is beyond doubt, since every teacher, every doctor, civil servants, law enforcement officers and many others face it. Establishing acceptable boundaries and conditions for giving and accepting gifts is the most important factor in distinguishing a gift from a bribe, which is a tuning fork for the theory and practice of criminal law in determining a clear understanding of the deep meaning of this category.

  Yu Malysheva

  107-112

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  Electronic (digital) criminal case: an inescapable reality The article raises controversial issues about the inevitable transition to the electronic form of judicial proceedings at the stage of preliminary investigation, presents the definition of "electronic criminal case", provides an analysis of the positions of researchers of the transition to digital criminal proceedings, based on research and data, during a survey of investigators of the Investigative Committee of the Russian Federation and investigators of investigative bodies of the Ministry of Internal Affairs of the Russian Federation. As a result, forecasts of some problems related to the introduction of a state automated system for the application of electronic criminal proceedings have been made.

  R Malyshkin

  112-119

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