{"title":"打击网络平台犯罪行为的刑法政策","authors":"R. Dremliuga, A. Korobeev","doi":"10.17150/2500-4255.2022.16(1).47-56","DOIUrl":null,"url":null,"abstract":"The transition to the digital economy is often primarily associated with the transfer of economic activities to online platforms. Researchers often call such a transition platformization. The use of global and national platforms gives rise to a completely new type of relationships. Platforms are often created with the use of AI and distributed register technologies. In the economic sphere, the transition to platforms requires the national governments to develop an effective criminal law policy because the emerging relationships in the use of networking platforms need criminal law protection. A special cause for concern is the creation of platforms used for criminal activities. A platform for criminal activities is a special form of organizing computer information specifically structured to enhance the effectiveness of interactions between different groups of people involved in committing crimes. This publicly dangerous action is not reflected in Russian criminal legislation as an independent crime. Research methodology includes the analysis of criminalizing the creation and operation of networking platforms that are used for criminal activities from the standpoint of grounds for criminalization in the doctrine of criminal law. Three groups of factors act as grounds for criminalization: legal-criminological, socio-economic and socio-psychological. The presented work mainly focuses on the analysis of legal-psychological grounds, such as the degree of public danger, relative prevalence of such actions and their typicality, dynamics of actions in terms of the causes and conditions giving rise to them, the possibility of using criminal law measures to influence these actions, the potential of the system of criminal justice. The conducted analysis showed that the criminalization of the creation of support of networking platforms used for criminal activity corresponds to legal-criminological, socio-economic and socio-psychological criteria.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"62 1","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Criminal Law Policy in Counteracting the Use of Networking Platforms for Criminal Activity\",\"authors\":\"R. Dremliuga, A. Korobeev\",\"doi\":\"10.17150/2500-4255.2022.16(1).47-56\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The transition to the digital economy is often primarily associated with the transfer of economic activities to online platforms. Researchers often call such a transition platformization. The use of global and national platforms gives rise to a completely new type of relationships. Platforms are often created with the use of AI and distributed register technologies. In the economic sphere, the transition to platforms requires the national governments to develop an effective criminal law policy because the emerging relationships in the use of networking platforms need criminal law protection. A special cause for concern is the creation of platforms used for criminal activities. A platform for criminal activities is a special form of organizing computer information specifically structured to enhance the effectiveness of interactions between different groups of people involved in committing crimes. This publicly dangerous action is not reflected in Russian criminal legislation as an independent crime. Research methodology includes the analysis of criminalizing the creation and operation of networking platforms that are used for criminal activities from the standpoint of grounds for criminalization in the doctrine of criminal law. Three groups of factors act as grounds for criminalization: legal-criminological, socio-economic and socio-psychological. The presented work mainly focuses on the analysis of legal-psychological grounds, such as the degree of public danger, relative prevalence of such actions and their typicality, dynamics of actions in terms of the causes and conditions giving rise to them, the possibility of using criminal law measures to influence these actions, the potential of the system of criminal justice. The conducted analysis showed that the criminalization of the creation of support of networking platforms used for criminal activity corresponds to legal-criminological, socio-economic and socio-psychological criteria.\",\"PeriodicalId\":43975,\"journal\":{\"name\":\"Russian Journal of Criminology\",\"volume\":\"62 1\",\"pages\":\"\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2022-03-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Russian Journal of Criminology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17150/2500-4255.2022.16(1).47-56\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian Journal of Criminology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17150/2500-4255.2022.16(1).47-56","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Criminal Law Policy in Counteracting the Use of Networking Platforms for Criminal Activity
The transition to the digital economy is often primarily associated with the transfer of economic activities to online platforms. Researchers often call such a transition platformization. The use of global and national platforms gives rise to a completely new type of relationships. Platforms are often created with the use of AI and distributed register technologies. In the economic sphere, the transition to platforms requires the national governments to develop an effective criminal law policy because the emerging relationships in the use of networking platforms need criminal law protection. A special cause for concern is the creation of platforms used for criminal activities. A platform for criminal activities is a special form of organizing computer information specifically structured to enhance the effectiveness of interactions between different groups of people involved in committing crimes. This publicly dangerous action is not reflected in Russian criminal legislation as an independent crime. Research methodology includes the analysis of criminalizing the creation and operation of networking platforms that are used for criminal activities from the standpoint of grounds for criminalization in the doctrine of criminal law. Three groups of factors act as grounds for criminalization: legal-criminological, socio-economic and socio-psychological. The presented work mainly focuses on the analysis of legal-psychological grounds, such as the degree of public danger, relative prevalence of such actions and their typicality, dynamics of actions in terms of the causes and conditions giving rise to them, the possibility of using criminal law measures to influence these actions, the potential of the system of criminal justice. The conducted analysis showed that the criminalization of the creation of support of networking platforms used for criminal activity corresponds to legal-criminological, socio-economic and socio-psychological criteria.
期刊介绍:
Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.