Pub Date : 2023-05-26DOI: 10.17150/2500-4255.2023.17(2).146-155
Vitaly Polyakov
The detection and solving rates for high-tech crimes result in our insufficient knowledge about the true scale of high-tech crimes and hinders the organization of fighting them. The author discusses specific features and characteristics of high-tech crimes and offers an interpretation of the concept of their latency. Key factors influencing the latency of high-tech crimes are analyzed and main types of natural and artificial latency of such offences are identified. The author reveals and examines the factors that lead to a considerable increase in high-tech crime latency, including specific victimogenic factors. It is suggested that a coefficient reflecting the real contribution of hidden and concealed crimes to the actual criminality should be used for the quantitative assessment of latency rate for this group of crimes. The article presents a description of the specific features of methods and approaches used for the quantitative assessment of high-tech crime latency rate, including the methods of analogy, expert evaluation, and the information-comparison method. The difficulties of applying traditional methods of analyzing latency, specifically, methods of analyzing victimization, have been researched. The author presents the results of the expert evaluation method obtained by conducting a questionnaire for various groups of respondents. Special attention is paid to the necessity of developing new methods aimed at detecting high-tech crimes and providing a more accurate assessment of their latency. The Honeypot system is given as an example. It is concluded that high-tech crimes should be viewed as high latency crimes with an increasing negative trend for latency. The specific correlation between latency and public danger of these crimes is pointed out. The conducted research should contribute to organizing the counteraction to modern high-tech crimes. The obtained results could improve the effectiveness of criminalistic methods and recommendations used at the initial stage of investigating high-tech crimes and improve the rate of solving them.
{"title":"Latency of High-Tech Crimes: Concept, Structure and Methods of Assessing its Level","authors":"Vitaly Polyakov","doi":"10.17150/2500-4255.2023.17(2).146-155","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).146-155","url":null,"abstract":"The detection and solving rates for high-tech crimes result in our insufficient knowledge about the true scale of high-tech crimes and hinders the organization of fighting them. The author discusses specific features and characteristics of high-tech crimes and offers an interpretation of the concept of their latency. Key factors influencing the latency of high-tech crimes are analyzed and main types of natural and artificial latency of such offences are identified. The author reveals and examines the factors that lead to a considerable increase in high-tech crime latency, including specific victimogenic factors. It is suggested that a coefficient reflecting the real contribution of hidden and concealed crimes to the actual criminality should be used for the quantitative assessment of latency rate for this group of crimes. The article presents a description of the specific features of methods and approaches used for the quantitative assessment of high-tech crime latency rate, including the methods of analogy, expert evaluation, and the information-comparison method. The difficulties of applying traditional methods of analyzing latency, specifically, methods of analyzing victimization, have been researched. The author presents the results of the expert evaluation method obtained by conducting a questionnaire for various groups of respondents. Special attention is paid to the necessity of developing new methods aimed at detecting high-tech crimes and providing a more accurate assessment of their latency. The Honeypot system is given as an example. It is concluded that high-tech crimes should be viewed as high latency crimes with an increasing negative trend for latency. The specific correlation between latency and public danger of these crimes is pointed out. The conducted research should contribute to organizing the counteraction to modern high-tech crimes. The obtained results could improve the effectiveness of criminalistic methods and recommendations used at the initial stage of investigating high-tech crimes and improve the rate of solving them.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-26DOI: 10.17150/2500-4255.2023.17(2).122-133
Ksenia Pitulko
Contemporary environmental situation in Russia experiences the negative impact of economic and public health factors, and can thus be defined as insufficiently healthy. Besides, it is considerably harmed by the «contributions» of emergency situations resulting from either random circumstances or insufficient observance of environmental safety requirements, violations of industrial safety standards, use of outdated or environmentally harmful equipment. It the situation when national economy is characterized by variety and shows optimistic growth indicators, it should be noted that most sources of the state’s prosperity are environmentally harmful, contribute to keeping industrial objects and adjacent territories environmentally unhealthy and yield a considerable volume of production and consumption waste. When Art. 42 of the Constitution of the Russian Federation declared a right of each person to a healthy environment, the state undertook a commitment to create due legal instruments for exercising this right and maintaining a high level of environmental safety. However, due to a high degree of exploiting natural resources that has been maintained so far, the rate of creating these instruments has been lagging behind the rate at which the negative environmental impact has been increasing. The author presents a quantitative analysis of the risks and threats to the environmental interests of the society arising in connection with the anthropogenic impact on the environment, and the qualitative analysis of the norms of current legislation aimed at protecting these interests. The obtained results prove the need for further improvement of legal instruments that can adequately protect the environmental safety of the population.
{"title":"Modern Challenges and Threats to the Environmental Security of Russia: Criminal Law and Criminological Aspects","authors":"Ksenia Pitulko","doi":"10.17150/2500-4255.2023.17(2).122-133","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).122-133","url":null,"abstract":"Contemporary environmental situation in Russia experiences the negative impact of economic and public health factors, and can thus be defined as insufficiently healthy. Besides, it is considerably harmed by the «contributions» of emergency situations resulting from either random circumstances or insufficient observance of environmental safety requirements, violations of industrial safety standards, use of outdated or environmentally harmful equipment. It the situation when national economy is characterized by variety and shows optimistic growth indicators, it should be noted that most sources of the state’s prosperity are environmentally harmful, contribute to keeping industrial objects and adjacent territories environmentally unhealthy and yield a considerable volume of production and consumption waste. When Art. 42 of the Constitution of the Russian Federation declared a right of each person to a healthy environment, the state undertook a commitment to create due legal instruments for exercising this right and maintaining a high level of environmental safety. However, due to a high degree of exploiting natural resources that has been maintained so far, the rate of creating these instruments has been lagging behind the rate at which the negative environmental impact has been increasing. The author presents a quantitative analysis of the risks and threats to the environmental interests of the society arising in connection with the anthropogenic impact on the environment, and the qualitative analysis of the norms of current legislation aimed at protecting these interests. The obtained results prove the need for further improvement of legal instruments that can adequately protect the environmental safety of the population.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-26DOI: 10.17150/2500-4255.2023.17(2).172-183
Iraida Smolkova
The author analyzes a highly debated problem of the Russian science of criminal court proceedings — the problem of defining the concept, essence and meaning of suspicion. The institute of suspicion makes it possible to protect the rights and lawful interests in the situation when a person has not yet been charged, but the procedural coercion measures have already been applied. It is noted that the criminal procedure law does not define suspicion, although the term itself is mentioned numerous times, and a number of articles in the Criminal Procedure Code of the Russian Federation set a requirement for the officers of the bodies of preliminary investigation to clarify the essence of suspicion to the participants of criminal proceedings. Although considerable changes have been made in the part of criminal procedure law referring to suspicion, the lawmakers have not dared to reconsider the long-time traditional approach to suspicion established in both theory and practice, but introduced just some specific changes, which have not solved the problems of the criminal procedure activity at the initial stage of criminal prosecution connected with suspicion, but, on the contrary, have increased their number. A considerable number of the norms connected with suspicion and suspects are either mutually contradictory, or non-specific and vague. Not only the lawmakers, but also the science of criminal procedure has not yet proposed a unified approach to the definition of the concept of «suspicion». The author analyzes various approaches to the concept and essence of suspicion found in the theory of criminal court proceedings.
{"title":"The Concept and Essence of Suspicion in Russian Criminal Court Proceedings","authors":"Iraida Smolkova","doi":"10.17150/2500-4255.2023.17(2).172-183","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).172-183","url":null,"abstract":"The author analyzes a highly debated problem of the Russian science of criminal court proceedings — the problem of defining the concept, essence and meaning of suspicion. The institute of suspicion makes it possible to protect the rights and lawful interests in the situation when a person has not yet been charged, but the procedural coercion measures have already been applied. It is noted that the criminal procedure law does not define suspicion, although the term itself is mentioned numerous times, and a number of articles in the Criminal Procedure Code of the Russian Federation set a requirement for the officers of the bodies of preliminary investigation to clarify the essence of suspicion to the participants of criminal proceedings. Although considerable changes have been made in the part of criminal procedure law referring to suspicion, the lawmakers have not dared to reconsider the long-time traditional approach to suspicion established in both theory and practice, but introduced just some specific changes, which have not solved the problems of the criminal procedure activity at the initial stage of criminal prosecution connected with suspicion, but, on the contrary, have increased their number. A considerable number of the norms connected with suspicion and suspects are either mutually contradictory, or non-specific and vague. Not only the lawmakers, but also the science of criminal procedure has not yet proposed a unified approach to the definition of the concept of «suspicion». The author analyzes various approaches to the concept and essence of suspicion found in the theory of criminal court proceedings.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-26DOI: 10.17150/2500-4255.2023.17(2).206-208
Sergey Milyukov, Maya Sipyagina
{"title":"Review of the Monograph by S.A. Khokhrin, O.V. Yemelyanov, A.G. Yemelyanova «Prevention of Penitentiary Recidivism Among Convicts»","authors":"Sergey Milyukov, Maya Sipyagina","doi":"10.17150/2500-4255.2023.17(2).206-208","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).206-208","url":null,"abstract":"","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-26DOI: 10.17150/2500-4255.2023.17(2).156-163
Vasilii Veklenko, Vladislav Shchepelkov
The latest edition of the norm on criminal liability for hooliganism has been in force for two years. It is now necessary to assess the criminological situation of counteracting this crime and the practice of enforcing Art. 213 of the Criminal Code of the Russian Federation. In order to conduct this assessment, the authors monitored the enforcement of the abovementioned Article and studied 100 publicly available verdicts that were issued by the courts of the Russian Federation for the crimes committed after January 10, 2021. The monitoring was carried out in November–December 2022 using continuous sampling. The study of official statistics showed that there are positive changes in counteracting criminally punishable hooliganism. The express analysis of the results of monitoring court verdicts allowed the authors to identify a number of interesting regularities in the dynamics of criminological indices of hooliganism. The criminal law research of court verdicts showed that, after Art. 213 of the Criminal Code of the Russian Federation was amended at the end of 2020, the old law enforcement problems (qualifying an action as a gross violation of public order, identifying the motive for hooliganism) were aggravated by the new ones (establishing the features of armed hooliganism, qualification of hooliganism in conjunctions with crimes against a person). Since the goal of the monitoring consisted in uncovering the contradictions in law enforcement, the authors limited themselves to identifying the problems and, in this connection, drew the attention to the necessity of special clarifications from the Supreme Court of the Russian Federation.
{"title":"Criminal Law Counteraction to Hooliganism in View of Changes to Legislation","authors":"Vasilii Veklenko, Vladislav Shchepelkov","doi":"10.17150/2500-4255.2023.17(2).156-163","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).156-163","url":null,"abstract":"The latest edition of the norm on criminal liability for hooliganism has been in force for two years. It is now necessary to assess the criminological situation of counteracting this crime and the practice of enforcing Art. 213 of the Criminal Code of the Russian Federation. In order to conduct this assessment, the authors monitored the enforcement of the abovementioned Article and studied 100 publicly available verdicts that were issued by the courts of the Russian Federation for the crimes committed after January 10, 2021. The monitoring was carried out in November–December 2022 using continuous sampling. The study of official statistics showed that there are positive changes in counteracting criminally punishable hooliganism. The express analysis of the results of monitoring court verdicts allowed the authors to identify a number of interesting regularities in the dynamics of criminological indices of hooliganism. The criminal law research of court verdicts showed that, after Art. 213 of the Criminal Code of the Russian Federation was amended at the end of 2020, the old law enforcement problems (qualifying an action as a gross violation of public order, identifying the motive for hooliganism) were aggravated by the new ones (establishing the features of armed hooliganism, qualification of hooliganism in conjunctions with crimes against a person). Since the goal of the monitoring consisted in uncovering the contradictions in law enforcement, the authors limited themselves to identifying the problems and, in this connection, drew the attention to the necessity of special clarifications from the Supreme Court of the Russian Federation.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-26DOI: 10.17150/2500-4255.2023.17(2).134-145
Anna Repetskaya
The article is devoted to the analysis of the contemporary state of the market of criminal services prohibited for civilian circulation, and its modern determinants. The research is based upon statistical data from different state organizations that register the situation in the researched spheres, as well as expert assessments of leading Russian and foreign analytical companies and specialists involved in the analysis of the condition of the illegal services’ spheres. The author assessed the condition and development trends of some types of prohibited services — both recent (services of hackers, trade in personal data), and traditional (money laundering, forgery of documents, smuggling, corruption services, etc.). Key factors determining the development in this segment of criminal market are digitization of most processes of public life, their transition to the Internet, development of digital currencies and possibilities of using them as payment for prohibited services. The pandemic also had a correlating influence on the development of this market. The analysis showed that, at present, the criminal market of prohibited services is developing unevenly: there appear new, actively spreading types (services of hackers, trade in personal data); at the same time, some of the traditional services have undergone considerable changes in regards to the mechanisms of providing them, as well as the possibilities of finding them and paying for them with cryptocurrencies (money laundering, sexual services, corruption services, etc.). It allows such services not only to stay, but also to develop. Another part of traditional services is, on the contrary, losing its significance (contract killing and other violent methods). As for the raiding services, here the violent methods have been replaced by exploiting gaps in legislation together with criminal methods (fraud, forgery of documents and others), which make it possible to transfer other people’s property to the possession of the client. The author states that contemporary market of prohibited services is, on the whole, successful in evading social control in those spheres where the mechanisms of counteraction by the state are just being created. The virtualization of this market will intensify, which is considerably facilitated by the global digitization of public life.
{"title":"Contemporary Russian Market of Services Prohibited for Civilian Circulation: Characteristics and Determinants","authors":"Anna Repetskaya","doi":"10.17150/2500-4255.2023.17(2).134-145","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).134-145","url":null,"abstract":"The article is devoted to the analysis of the contemporary state of the market of criminal services prohibited for civilian circulation, and its modern determinants. The research is based upon statistical data from different state organizations that register the situation in the researched spheres, as well as expert assessments of leading Russian and foreign analytical companies and specialists involved in the analysis of the condition of the illegal services’ spheres. The author assessed the condition and development trends of some types of prohibited services — both recent (services of hackers, trade in personal data), and traditional (money laundering, forgery of documents, smuggling, corruption services, etc.). Key factors determining the development in this segment of criminal market are digitization of most processes of public life, their transition to the Internet, development of digital currencies and possibilities of using them as payment for prohibited services. The pandemic also had a correlating influence on the development of this market. The analysis showed that, at present, the criminal market of prohibited services is developing unevenly: there appear new, actively spreading types (services of hackers, trade in personal data); at the same time, some of the traditional services have undergone considerable changes in regards to the mechanisms of providing them, as well as the possibilities of finding them and paying for them with cryptocurrencies (money laundering, sexual services, corruption services, etc.). It allows such services not only to stay, but also to develop. Another part of traditional services is, on the contrary, losing its significance (contract killing and other violent methods). As for the raiding services, here the violent methods have been replaced by exploiting gaps in legislation together with criminal methods (fraud, forgery of documents and others), which make it possible to transfer other people’s property to the possession of the client. The author states that contemporary market of prohibited services is, on the whole, successful in evading social control in those spheres where the mechanisms of counteraction by the state are just being created. The virtualization of this market will intensify, which is considerably facilitated by the global digitization of public life.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-26DOI: 10.17150/2500-4255.2023.17(2).193-205
Sandugash Nuridin
The questions of the theory and practice of applying release on parole or non-application of certain types of punishment to some categories of persons are widely discussed in research publications both in Kazakhstan and abroad. However, an analysis of amendments introduced in Kazakh normative legal acts concerning release on parole (criminal, criminal procedure, penitentiary legislation, normative decrees of the Supreme Court of the Republic of Kazakhstan) reveals some discrepancies that should be corrected. The practice of applying release on parole shows that certain issues require additional legislative regulation with the purpose of eliminating any doubts about the interpretation of the law, which determines the relevance of their research. Frequent changes in legislation cause difficulties for the correct application of these normative legal acts by courts, for example, those connected with the revocation of parole, or annulment of the request for parole, which is what most often happens in practice. The abovementioned legal acts and research publications are used to conduct an analysis of the conditions for the revocation of parole, and then propose changes in Part 7 of Art 72 of the Criminal Code of the Republic of Kazakhstan. It is mentioned that the practice of using preventative measures by state, law enforcement bodies and non-governmental organizations is not always effective enough. Due to this, legislation should provide for the measures of its improvement, and a large-scale comprehensive plan for the re-integration of persons released on parole into all spheres of social life should be developed. The author also concludes that it is necessary to introduce certain amendments into the Rules of Monitoring the Behavior of Persons Released on Parole, which will reduce paperwork for the district police inspectors and probation officers.
{"title":"Specific Issues in of Applying Release on Parole in the Republic of Kazakhstan: Theory and Practice","authors":"Sandugash Nuridin","doi":"10.17150/2500-4255.2023.17(2).193-205","DOIUrl":"https://doi.org/10.17150/2500-4255.2023.17(2).193-205","url":null,"abstract":"The questions of the theory and practice of applying release on parole or non-application of certain types of punishment to some categories of persons are widely discussed in research publications both in Kazakhstan and abroad. However, an analysis of amendments introduced in Kazakh normative legal acts concerning release on parole (criminal, criminal procedure, penitentiary legislation, normative decrees of the Supreme Court of the Republic of Kazakhstan) reveals some discrepancies that should be corrected. The practice of applying release on parole shows that certain issues require additional legislative regulation with the purpose of eliminating any doubts about the interpretation of the law, which determines the relevance of their research. Frequent changes in legislation cause difficulties for the correct application of these normative legal acts by courts, for example, those connected with the revocation of parole, or annulment of the request for parole, which is what most often happens in practice. The abovementioned legal acts and research publications are used to conduct an analysis of the conditions for the revocation of parole, and then propose changes in Part 7 of Art 72 of the Criminal Code of the Republic of Kazakhstan. It is mentioned that the practice of using preventative measures by state, law enforcement bodies and non-governmental organizations is not always effective enough. Due to this, legislation should provide for the measures of its improvement, and a large-scale comprehensive plan for the re-integration of persons released on parole into all spheres of social life should be developed. The author also concludes that it is necessary to introduce certain amendments into the Rules of Monitoring the Behavior of Persons Released on Parole, which will reduce paperwork for the district police inspectors and probation officers.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).5-12
Roman Dremliuga, Alexander Korobeev
Most specialists agree that artificial intelligence (AI) is the technology that defines our present and future. Intelligent technologies are becoming increasingly common in critical social spheres, such as security, energy, medicine, law enforcement and judiciary, as well as transportation. An AI system is an executable program code or coefficients of a model that, given certain input data, make the system produce a certain result. As any other computer information, an AI system may become an object of criminal infringements. The authors study infringements on AI systems that incur criminal liability under the current Russian legislation. They also single out such a type of infringements on AI systems as adversarial attacks. These attacks are cases when a user, knowing about the specifics of developing and creating an AI system, intentionally feeds it data that lead to the incorrect functioning of this system. Such methods of interfering with intelligent systems may not contain formal attributes of offences that are criminally punishable under current Russian legislation. The authors of the article prove that such actions may have a high degree of public danger, which is sufficient for their criminalization. They conclude that current Russian criminal legislation does not encompass all methods of publicly dangerous infringements on AI systems. A high degree of public danger associated with adversarial attacks means that they should be recognized as criminal infringements on AI systems committed through influencing them without the use of malware or unauthorized access.
{"title":"Criminal Infringement on Artificial Intelligence Systems: A Criminal Law Description","authors":"Roman Dremliuga, Alexander Korobeev","doi":"10.17150/2500-1442.2023.17(1).5-12","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).5-12","url":null,"abstract":"Most specialists agree that artificial intelligence (AI) is the technology that defines our present and future. Intelligent technologies are becoming increasingly common in critical social spheres, such as security, energy, medicine, law enforcement and judiciary, as well as transportation. An AI system is an executable program code or coefficients of a model that, given certain input data, make the system produce a certain result. As any other computer information, an AI system may become an object of criminal infringements. The authors study infringements on AI systems that incur criminal liability under the current Russian legislation. They also single out such a type of infringements on AI systems as adversarial attacks. These attacks are cases when a user, knowing about the specifics of developing and creating an AI system, intentionally feeds it data that lead to the incorrect functioning of this system. Such methods of interfering with intelligent systems may not contain formal attributes of offences that are criminally punishable under current Russian legislation. The authors of the article prove that such actions may have a high degree of public danger, which is sufficient for their criminalization. They conclude that current Russian criminal legislation does not encompass all methods of publicly dangerous infringements on AI systems. A high degree of public danger associated with adversarial attacks means that they should be recognized as criminal infringements on AI systems committed through influencing them without the use of malware or unauthorized access.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136006859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).44-53
Oksana Kolotkina, Inara Yagofarova
The problems of the growing crime level in the modern conditions of instability and transformation, as well as the activization of radical and extremist sentiment, encourage the interest of researchers to the questions of ensuring criminological security in general, and criminological security of an individual in particular. In the current situation, the protection of an individual, and an individual’s constitutional rights and freedoms against crimes, is an indicator of the effectiveness of ensuring national security of the state. It was first stated in the Strategy of National Security of the Russian Federation that the preservation of the people of Russia and the development of human potential are the top strategic national priority. The implementation of this priority seems impossible if the state does not create the conditions that will neutralize and (or) minimize the risks and threats of criminogenic character, thus allowing individuals to freely exercise their constitutional rights and freedoms. The authors attempt to provide a theoretical understanding of such interrelated categories as «criminological security», «criminological security of an individual», «an individual’s right to criminological security». They present a new approach to defining these terms from the standpoint of the impact of state policy in the sphere of strategic planning, which is relevant within the practice of public administration. The authors use this new approach to try and step back from the paradigm established as far back as the 1990s — security through protection, and to transition to a new one — security though development, which corresponds to the key principle of modern strategic development — the unity and interconnection of the tasks of socio-economic development and the provision of national security. The authors recognize the normative institutionalization of an individual’s criminological security as the right of an individual to criminological security, or the right to protection against crime. This is, by its nature, a fundamental right, it has a natural law character and acts as a guarantee for other constitutional rights and freedoms by an individual. Ensuring this right is one of the priorities of strategic planning. Unlike many natural rights, an individual’s right to criminological security is most vulnerable from the standpoint of guarantees, as it is dependent on many factors, including the socio-economic stability of the country. The authors have analyzed the strategic planning documents in the sphere of ensuring the criminological security of an individual and an individual’s right to criminological security. The establishment of their interconnection and continuity within the creation of a single architecture is stressed.
{"title":"Criminological Security of an Individual and an Individual’s Right to Criminological Security as Strategic Planning Priorities in the Russian Federation: A Theoretical-Legal Aspect of the Problem","authors":"Oksana Kolotkina, Inara Yagofarova","doi":"10.17150/2500-1442.2023.17(1).44-53","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).44-53","url":null,"abstract":"The problems of the growing crime level in the modern conditions of instability and transformation, as well as the activization of radical and extremist sentiment, encourage the interest of researchers to the questions of ensuring criminological security in general, and criminological security of an individual in particular. In the current situation, the protection of an individual, and an individual’s constitutional rights and freedoms against crimes, is an indicator of the effectiveness of ensuring national security of the state. It was first stated in the Strategy of National Security of the Russian Federation that the preservation of the people of Russia and the development of human potential are the top strategic national priority. The implementation of this priority seems impossible if the state does not create the conditions that will neutralize and (or) minimize the risks and threats of criminogenic character, thus allowing individuals to freely exercise their constitutional rights and freedoms. The authors attempt to provide a theoretical understanding of such interrelated categories as «criminological security», «criminological security of an individual», «an individual’s right to criminological security». They present a new approach to defining these terms from the standpoint of the impact of state policy in the sphere of strategic planning, which is relevant within the practice of public administration. The authors use this new approach to try and step back from the paradigm established as far back as the 1990s — security through protection, and to transition to a new one — security though development, which corresponds to the key principle of modern strategic development — the unity and interconnection of the tasks of socio-economic development and the provision of national security. The authors recognize the normative institutionalization of an individual’s criminological security as the right of an individual to criminological security, or the right to protection against crime. This is, by its nature, a fundamental right, it has a natural law character and acts as a guarantee for other constitutional rights and freedoms by an individual. Ensuring this right is one of the priorities of strategic planning. Unlike many natural rights, an individual’s right to criminological security is most vulnerable from the standpoint of guarantees, as it is dependent on many factors, including the socio-economic stability of the country. The authors have analyzed the strategic planning documents in the sphere of ensuring the criminological security of an individual and an individual’s right to criminological security. The establishment of their interconnection and continuity within the creation of a single architecture is stressed.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136006860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-13DOI: 10.17150/2500-1442.2023.17(1).22-34
Ilya Mosechkin
The article discusses the problems of improving criminal law norms regulating liability for unlawful impact on critical information infrastructure of the Russian Federation. The urgency of the research topic is connected with a growing number of such crimes and the recent adoption of Art. 274.1 of the Criminal Code of the Russian Federation. According to statistics, the number of attacks against critical information infrastructure is extremely high, however, a considerably smaller number of incidents are registered as crimes. One of the reasons behind this situation is the inadequacy of Art. 274.1 of the CC of the RF. The author draws attention to the fact that Part 1 of Art. 274.1 of the CC of the RF does not meet the criteria for criminalization, and its legal construction hinders the effective work of investigation and court bodies’ employees. As a result, this widespread publicly dangerous act is not duly reflected in judicial and investigation practice. At the same time, the current Art. 273 of the CC of the RF has considerable potential for including unlawful creation, dissemination and (or) use of any computer software in relation to critical information infrastructure or information contained in it. The author notes that the concept used in the current edition of Art. 274.1 of the CC of the RF «harm to the critical information infrastructure of the Russian Federation» is non-specific, and leads to delays, mistakes and confusion in legal practice. The article proves that Parts 2 and 3 of Art. 274.1 of the CC of the RF could ensure better liaison with other legal acts if their dispositions included the categories «computer attack» and «computer incident». The introduction of the above-mentioned attributes could also contribute to the consistency of court practice and the elimination of ambiguous interpretations. The analysis of the subjective side of crimes under Art. 274.1 of the CC of the RF allowed the author to conclude that mercenary motivation and the goal of concealing or aiding another crime should be viewed as qualifying features. To prove this position, the author points out that these features are wide-spread and used for the construction of corpus delicti of other crimes, and also cites the opinions of legal scholars.
{"title":"Problems of the Criminal Law Protection of Critical Information Infrastructure of the Russian Federation","authors":"Ilya Mosechkin","doi":"10.17150/2500-1442.2023.17(1).22-34","DOIUrl":"https://doi.org/10.17150/2500-1442.2023.17(1).22-34","url":null,"abstract":"The article discusses the problems of improving criminal law norms regulating liability for unlawful impact on critical information infrastructure of the Russian Federation. The urgency of the research topic is connected with a growing number of such crimes and the recent adoption of Art. 274.1 of the Criminal Code of the Russian Federation. According to statistics, the number of attacks against critical information infrastructure is extremely high, however, a considerably smaller number of incidents are registered as crimes. One of the reasons behind this situation is the inadequacy of Art. 274.1 of the CC of the RF. The author draws attention to the fact that Part 1 of Art. 274.1 of the CC of the RF does not meet the criteria for criminalization, and its legal construction hinders the effective work of investigation and court bodies’ employees. As a result, this widespread publicly dangerous act is not duly reflected in judicial and investigation practice. At the same time, the current Art. 273 of the CC of the RF has considerable potential for including unlawful creation, dissemination and (or) use of any computer software in relation to critical information infrastructure or information contained in it. The author notes that the concept used in the current edition of Art. 274.1 of the CC of the RF «harm to the critical information infrastructure of the Russian Federation» is non-specific, and leads to delays, mistakes and confusion in legal practice. The article proves that Parts 2 and 3 of Art. 274.1 of the CC of the RF could ensure better liaison with other legal acts if their dispositions included the categories «computer attack» and «computer incident». The introduction of the above-mentioned attributes could also contribute to the consistency of court practice and the elimination of ambiguous interpretations. The analysis of the subjective side of crimes under Art. 274.1 of the CC of the RF allowed the author to conclude that mercenary motivation and the goal of concealing or aiding another crime should be viewed as qualifying features. To prove this position, the author points out that these features are wide-spread and used for the construction of corpus delicti of other crimes, and also cites the opinions of legal scholars.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136005487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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