Information security as an object of crime
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article deals with the definition of information security as an object of crime. Information security is an integral component of each of the areas of national security. At the same time, information security is an important field of national security. One of the main means of fight against socially dangerous phenomena in the field of information security is to establish criminal responsibility for crimes committed in this sphere. The correct determina- tion of the object of each specific offence helps to accurately establish the elements of a crime, and the place of this crime in the Special part of the criminal code, to clarify the character of the crime, the danger he poses to society, the right qualifications and disassociation from other offences and unlawful acts, because of its features and inherent qualities allow to disclose socio-legal content of an act and its legal attributes. To solve this problem the author defines the notion of object of a crime and of information security in the theory of criminal law. It is established that the object of the crime is legally protected order of relationship that exists between people that arise in society regarding tangible and intangible objects; infor- mation security is a regulated by rules of law, the order of social relations, which ensures implementation of the information needs of individuals and legal entities, society and the state. It is concluded that information security as object of criminal offences is a regulated by rules of law order of social relations in the implementation of the information needs of indi- viduals and legal entities, society and state against whom a socially dangerous act is commit. The criminal code of Ukraine establishes responsibility for more than fifty crimes in the sphe- re of information security, but the legislation does not define information security as one of the objects of legal protection in part 1 of article 1 of the criminal code. Therefore, the pro- posed new wording of part 1 of article 1 of the Criminal Code.
Authors and Affiliations
Anna Landina
Keywords
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