UDK 343.4 Преступления против основных прав граждан. Преступления против прав человека
The article analyzes the understanding of qualifying and especially qualifying characteristics of illegal access to computer information (p. 2–4 art. 272 of the Criminal Code of the Russian Federation), taking into account the practice of its application. Analysis, synthesis, comparison and analogy were used to investigate the subject matter. The relevance of the investigated topic of research is indicated, an extensive scientific basis of the topic is presented. The up-to-date normative base and statistical indicators are also used in the research. The article reveals qualifying and especially qualifying features of the crimes stipulated by parts 2–4 of article 272 of the Criminal Code of the Russian Federation. The research contains the actual judicial practice of application of the mentioned norm; the analysis of the court decisions is carried out. The article reveals the legal gaps in the definition of certain concepts, presents a proposal for solving this problem. The separate features of qualifying signs are considered; on the basis of the analysis of the mentioned signs the conclusionis formulated that the majority of crimes under the article 272 of the Criminal Code of the Russian Federation is committed either with selfish interest of a criminal, or with the use of official position of a criminal and is qualified under part 2 and 3 respectively.
computer information, computer networks, illegal access, qualifying features, especially qualifying features
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