PROBLEMS OF COURT PRACTICE IN CRIMES IN THE FIELD OF COMPUTER INFORMATION
Abstract and keywords
Abstract:
The article is devoted to the problems of law enforcement in the field of cybercrimes, the problems of qualification and proof in criminal cases that arise in the context of the rapid development of digital technologies. The authors draw attention to the insufficient effectiveness of the existing legislation and investigation methods, the lack of standardization of the processes of collection and analysis of digital evidence. According to the authors, this is one of the reasons for the gaps in law enforcement practice. Judicial practice shows that a host of problems relating to the qualification of offenses remains unresolved. For example, the process of qualifying unlawful access to computer information (Article 272 of the Criminal Code of the Russian Federation) often leads to differences among courts regarding the completeness of the offense and its material damage. There is a need to clarify the positions of the Plenum of the Supreme Court of the Russian Federation on the unification of law enforcement practice on crimes in the field of computer information. The importance for the consideration of information crime cases has the development of specialized peer review standards and the upskilling of law enforcement personnel in the field of digital technologies. Improving the legislative framework to tackle cybercrime in the context of the changing digital environment is relevant. Understanding the legal issues surrounding cybercrimes becomes critical to shaping effective law enforcement practice and ensuring legal safety in the digital space.

Keywords:
computer crimes, criminal responsibility, trial practice, computer information, qualification, illegal access
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References

1. Polyakov V. V. Analysis of jurisprudence of computer crime for Altai region // Vestnik of Novosibirsk State University. Series: Law. 2014. Vol. 10, no. 1. P. 99–103. (In Russ.)

2. Bikchenteyeva S. R., Vasechkina A. V. Topical problems of judicial practice in criminal cases of crimes in the field of computer information // Scientific support for the agro-industrial complex : a collection of articles from the 78th scientific and practical conference of students based on the results of research and development for 2022 : in 3 parts, Krasnodar, March 1–31, 2023 / responsible for release A. G. Koshchaev. Krasnodar : Kuban State Agrarian University named after I. T. Trubilin, 2023. Part 3. P. 41–44. (In Russ.)

3. Ivanov Yu. V., Novichkov V. E. Some issues of judicial practice in criminal cases in the field of computer information // Science and education: domestic and foreign experience : collection of articles from the 78th International scientific and practical conference, Belgorord, June 23, 2025. Belgorod : OOO “GiK”, 2025. P. 90–94. (In Russ.)

4. Bessonov A. A. Problematic issues of establishing the signs of an organized group for crimes committed using information and telecommunication technologies // Journal of Russian law. Vol. 28, no. 1. P. 108–119. https://doi. org/10.61205/S160565900027800-4. (In Russ.)

5. Rukhlova M. A. Criminological and criminal-legal measures to combat crimes in sphere of computer information // Bulletin of science. 2025. Vol. 1, no. 6 (87). P. 589–598. (In Russ.)

6. Savchenko O. A. Improving criminal legislation in the field of computer information at the current stage of information technology development // Law and order in modern society. 2016. No. 29. P. 156–161. (In Russ.)

7. Kamaliyev D. S. On the relationship between the concepts of “crimes in the field of computer information”, “computer crimes”, “cybercrimes” // Topical research in the modern world. 2021. No. 4-6 (72). P. 87–90. (In Russ.)

8. Nikolaev V. Yu. Ways of commission of computer crimes and use of computer (information) technologies as way of commission of crime // Legal idea. 2013. No. 4. P. 40–44. (In Russ.)

9. Popov K. I. Computer crimes as crimes on a world scale // Legal order: history, theory, practice. 2013. No. 1 (1). P. 28–31. (In Russ.)

10. Karimov A. M. Computer crimes and crimes committed through the use of modern technology: a comparative legal aspect // Bulletin of Kazan Law Institute of the Ministry of Internal Affairs of Russia. 2023. Vol. 14, no. 1 (51). P. 75–82. https://doi.org/10.37973/KUI.2023.93.91.010. (In Russ.)

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