Criminal and Legal Protection of the Information Security: The Experience of Foreign Legislation
Abstract
The problems of the information security in the context of legal regulation are studied in this article. The analytical and entity methodological approaches to the solution of this problem are substantiated. The scientific papers devoted to the problem of criminal and legal protection of the information and protection of the information security are studied. The legal regulation of the information protection in the international instruments and foreign legislation is examined. The availability in many foreign countries of the legislation, able to effectively counter the threat to the information security, is established. According to the author, in the Republic of Kazakhstan, operating in the field of protection of the information security is not that effective, due to the relatively small historical basis of development of the information technologies and the legal regulation of them. This causes the appeal to the advanced experience of the foreign countries. Special attention is paid by them to the protection of children from harmful information. The analysis of the legal regulation of the protection of the information security in the legislation of the Republic of Kazakhstan is carried out. The conclusion is made about the absence in it of the concept of the information security as a generic object of crimes, which is regarded negatively by the author.
The problem of the necessity to strengthen the legal support of the information security is raised in the article. For this purpose, it is proposed to allocate it as an independent object of criminal and legal protection. According to our hypothesis, the information security can act as a primary or secondary object of encroachment. The article offers the recommendations for further improvement of the criminal legislation in this direction.
References
[1] Bozhenok, S.A. 2006. Zarubezhnyy opyt ugolovno-pravovoy bor'by s prestupleniyami, sovershaemymi s ispol'zovaniem bankovskikh kart [Foreign Experience in Criminal and Legal Combating Crimes Committed through the Use of Bank Cards]. Citizen and Law, 4: 72-76.
[2] Cruodite, E. 2008. Reform of Lithuanian Criminal Law: Tendencies and Problems. Baltic Journal of Law and Politics, 1: 18-40.
[3] Efremova, M.A. 2014. Informatsionnaya bezopasnost' kak ob’ekt ugolovno-pravovoy okhrany [Information Security as an Object of Criminal and Legal Protection]. Information Law, 5: 21-25.
[4] Khisamova, Z.I. 2016. Zarubezhnyy opyt ugolovno-pravovoy okhrany otnosheniy v sfere ispol'zovaniya informatsionno-kommunikatsionnykh tekhnologiy [Foreign Experience in Criminal and Legal Protection of Relations in the Field of Use of Information and Communication Technologies]. Legal world, 2: 58-62.
[5] Klang, M. 2006. Disruptive Technology Effects of Technology Regulation on Democracy (Doctoral Thesis). Gothenburg: University of Gothenburg. Available at: http://gupea.ub.gu.se/handle/2077/9910 (accessed November 17, 2016)
[6] Korzanski, N.I. 1992. Ocherki po teorii ugolovnogo prava [Essays on the Theory of Criminal Law]. Volgograd: Publisher Volgograd VSSh MVD SSSR.
[7] Lopatin, V.N. 2007. Nou-khau vmesto kommercheskoy tayny [Know-How Instead of Trade Secret]. Information Law, 1: 12-15.
[8] Pavilonis, V. (Ed.). 2003. Ugolovnyy kodeks Litovskoy respubliki [The Criminal Code of the Republic of Lithuania]. Petersburg: Law Center Press.
[9] Perendzhiev, A.N. (n.d.). Razvitie bezopasnosti: ot natsional'noy i kompleksnoy k institutsional'noy! [Development of Security: From National to Institutional and Integrated!]. Available at: http://www.lawinrussia.ru/node/42052 (accessed November 17, 2016)
[10] Plokhova, V.I. 2007. Nekotorye problemy ugolovnogo prava kak sistemnogo obrazovaniya [Some Problems of Criminal Law as a Systemic Education]. In Sistemnost' v ugolovnom prave: materialy II Rossiyskogo kongressa ugolovnogo prava [Consistency in Criminal Law: Materials of the II Russian Criminal Law Congress]. Moscow: Prospekt.
*** Konventsiya o prestupnosti v sfere komp'yuternoy informatsii (s izmeneniyami ot 23.11.2001) [Convention on Crime in the Field of Computer Information Systems (ETS No. 185, Rev. of January 28, 2003)]. 2001, November 23. Budapest. Available at: https://www.lawmix.ru/abro/3454 (accessed November 17, 2016)
*** Konventsiya ob obespechenii mezhdunarodnoy informatsionnoy bezopasnosti (kontseptsiya) [International Information Security Convention (Concept)]. 2012. Available at: http://www.scrf.gov.ru/documents/6/112.html. (accessed November 17, 2016)
*** Ugolovnoe pravo Frantsii: Sbornik normativnykh aktov [Criminal Law of France: Collection of Regulations]. 1984. Moscow: Publishing house of the UDN
*** Ugolovnyy kodeks Respubliki Kazakhstan ot 3 iyulya 2014 goda No. 226-V (s izmeneniyami i dopolneniyami po sostoyaniyu na 26.07.2016) [The Criminal Code of the Republic of Kazakhstan N 226-V (with changes and additions as of July 26, 2016)]. 2014, July 3. Retrieved November 17, 2016, from online.zakon.kz. (accessed November 17, 2016)
*** Zakonodatel'stvo o kiberprestupleniyakh v zarubezhnykh stranakh [Legislation on Cybercrime in Foreign Countries]. (n.d.). Available at: http://www.ligainternet.ru/publications/publication.php?ID=2065 (accessed November 17, 2016)
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