The new Penal Code of the Russian Federation for the first time in our country criminalized this type of offenses, such as computer crimes.
As seen in previous chapters of computer crime are those under criminal law socially dangerous acts in which the machine is a subject of a criminal assault.
Crimes with a subject only hardware and equipment computers (theft, destruction), subject to a different type of criminal offenses set out in Chapter 21 "Crimes against property." In principle, we can assume cases where harmful effects on the computer is carried out by a direct effect on its information commands. This is possible if the offender will be able to enter the moving machine parts (disks, printer) in the resonance frequency, to increase the brightness of the display or part to prozhiganiya phosphor, loop down the computer in such a way that using a minimum number of sites has their heating and incapacitate. In these cases, the characterization of the act should be carried out in conjunction articles chapters on crimes against property and computer crimes, as in this case are two objects of criminal legal protection. And when used as a weapon to commit a wrongful act is not information but a hardware-technical part (injury printer, etc.) can be considered the last par with such items as a knife, a pistol, rope and other things the material world. Overall, the 28-I head the Criminal Code for "Computer crime" is designed to protect information that is security - and only because of the protection and hardware equipment, which are material carriers of information resources. The effects of the misuse of information can be extremely diverse: it is not only a violation of intellectual property, but also the disclosure of information about the private lives of citizens, property damage in the form of direct damages and lost income, loss of goodwill, various kinds of disruption of business, industry, etc. . e. It is therefore quite justified that crimes of this type placed in the section IX "Crimes against public safety and public order."
Thus, the overall target of computer crime will totality of social relations protected by criminal law; generic - public safety and public order; species - a set of public relations for lawful and safe use of information; direct object is interpreted on the basis of the names and disposition of specific articles. More often than not the direct object the core of the computer crimes formulated alternatively, in quantity skilled combinations of them, of course, is increasing.
Is the computer information only subject to this type of crime or whether it can act and their means when the electronic computer equipment used to commit another assault on another illegal site. The latter view was expressed earlier by some authors.
However, it would be too expand the scope of the term "computer crime" and hamper the work as a legislator, and pravoprimenitelya.
Developers of new UK went on the first way to read chapter 28 convoys in a way that computers INFORMATION, in each case is only the subject
committing computer crimes.
However, when using the machine as a means of committing another crime relations to protect it are inevitable, ie, it is becoming a socially dangerous act. It is impossible to illegally take advantage of information stored in computers, without adversely affecting its protection, ie not carrying one of the activities listed in Art. 20 federal law "On information, informatization and information protection": leakage, loss, distortion, forgery, destruction, modification, copying, freezing and other forms of unlawful interference with information resources and systems. Even if you do not suffer the attention of a specific computer, legitimately used its legitimate user, almost inevitably be subjected to harm those with which it is linked network. Thus, even with such a classic crime of the electronic theft of money, the responsibility for this must come together to Regulations perfect crime.
Almost all formulations of Chapter 28 relate to crimes of small and medium-gravity, and only one - to serious crime. Describing the objective side before the convoys, let us first of all, that even most of them constructively formulated as the material, therefore involve not only committing socially dangerous act, but an offensive public dangerous consequences, as well as establishing a causal link between the two traits.
However, one can not but acknowledge that the destruction, blocking, modification and copying information does not exclude autonomy. In the academic literature [17] indicates that it is more reason to consider criminal liability for illegal access to computer information instances where illegal access involves the destruction, blocking, etc. (ie such access should be made not only causes, but also a necessary condition).
Because 2 of Article. 9 CCRF time to commit each of those crimes would be recognized by the end of time, it acts independently from the time of impact. Sami is socially dangerous acts often serve here in the form of action and only occasionally - as inaction. In one case a sign of the objective side of the offense, as a way of the commission, formulated as a mandatory feature of substantive and qualified formulations. In the other he, as well as time, location, environment, guns, the commission of a crime can be taken into account the court as a mitigating or aggravating circumstances.
Of all the signs of subjective side would be only one - wine. It is based on ch.2 art. 24 UK, for all the crimes of this type requires a fault in the form of intent, and only two qualified of a two forms: intent in relation to the acts and negligence against nastupivshih socially dangerous consequences. Optional features subjective side, as well as with regard to the objective side, will have no meaning for the offense. Thus, the motives of such acts are usually gain or hooliganism, but may be of interest considerations, a sense of revenge, not out committing them to conceal another crime, etc. Of course, that particular challenge will cause a problem delimitation unwary innocent and the injury because of the complexity and secrecy of processes in networks and computer systems.
The subject of several formulations is special. In other cases, they may be, in principle, any person, especially when increasing computer literacy of the population. Responsibility for crimes against computer security comes from 16 years (Article 20 of the Criminal Code).
Disposition of articles 28 th chapters of the narrative, often - blanket or referential. Their application will be available to the art. 35 UK, the regulatory and legal act on the protection of computer information, the rules of operation of computers, etc. Penalties - alternative, with the exception of two qualified formulations, where they are - because of the seriousness of the consequences of a crime - "cut" to the relatively-defined.
Originally, the draft Criminal Code chapter on Cybercrime includes 5 articles. But in the future because of comments made by both scholars of criminal law and practice of computer case, the first three sections were merged, and now the head appears as follows:
- Art. 272. Unlawful access to computer data;
- Art. 273. The creation, use and dissemination of malicious software;
--Art. 274. Violation of the rules of operation of the mainframe computer system or network.

§ 2. Unlawful access to computer information.

Location st.272 chapter in the first place was caused by a truly catastrophic situation on the domestic market, computer information and caused PC users free access to information resources uncontrolled copying the past. I note only that about 98% of copies of software products produced at the present time in our country it is that way.
This article, which, like the next, consists of 2 parts, contains quite a lot of signs, mandatory for an object, objective and subjective sides of the offense. The immediate object of a public relations to ensure the security of computerized information and the normal functioning of computers, their systems or networks.
The composition of the crimes set out as a material, and if the conduct in the form of identified unambiguously (illegal access to computer information protected by law), the consequences, though mandatory, can be quite varied:
1) the destruction of information
2) its blocking,
3) changed,
4) copying,
5) breach of the mainframe
6) the same - for a system of computers,
7) the same, for their network.
Objective by the crime of illegal access to computer information protected by law if the act resulted in the destruction, blocking, modifying or copying information, violation of the mainframe computer system or network.
The act, as seen from the available article requires a mandatory two signs: The information should be protected by law, and access to it must be unfortunate.
In cases of this crime must be established that the computer information to which the access is protected by law on state secrets, the property of copyright or other, that the very fact of unauthorized access to it violated the prerogatives of State, the right owner, the owner, author or other legal or natural person. By virtue of Art. 6 Federal Law "On information, informatization and information protection" information resources are owned by legal persons and natural persons included in their property and are subject to civil law.
Misuse should recognize access to the closed information system of a person other than a legitimate user either does not have permission to work with this information. Ways to access: using someone else's name, changing the physical addresses of technical devices, password selection, finding and using "gaps" in the program, any other fraud protection system of information.
Unauthorized entry to government computers or computer network should be seen as preparation for access to computer information.
This article criminal law provides for liability for unlawful access to information only if it is sealed by car carrier, in electronic computers (computers), computer system or network.
Engine carriers, which include all kinds of magnetic disks, magnetic tapes, magnetic drums, card, semiconductor circuits, etc., are classified according to their physical and structural features.
Computer information may also appear in your computer, which is listed through the media machine, used as storage devices - external (eg, floppy disk), or internal, included in the design of computers. Storage device, implementing an internal memory of computers directly connected to the processor and provides data directly involved in its operations.
Computer information can be transmitted by telecommunications channels from one computer to another, from the mainframe to the display device (phone, for example), a computer administrator sensor equipment. Telecommunication channels with the software link separate computer system or network.
Thus, the rule of criminal law protects computer information, wherever it may contain or circulate: on computers, in the channels of communication, to separate from the engine computer media.
Unlawful access to records software, to the primary documents of databases and other such information, in the form of record-hand man, typed or printer recruited printed, there was no implication in the rules of criminal law and may, in appropriate cases, have responsibility only for other Special Part of the Criminal Code (Articles 137, 138, 183, etc.).
The end of the act is the time of sending the computer user interface team last call stored information, regardless of the onset of further consequences. However, the act becomes a crime only if the latter condition. All acts performed before filing the last team to be the subject of an unfinished crime.
With regard to criminal consequences, the destruction of information should be understood that the change in its status, at which it ceases to exist because of the loss of major quality traits (available to the user to restore erased using software or obtain the information from another user does not absolve the perpetrator of responsibility); by blocking - the inability to access it from the legitimate user of a modification - alteration, characterized by the appearance of new (apparently unwanted) features; by copying - to provide accurate fire on the exact play the original (again, without proper authorization) ; Under the violation of work - stop the program, it loops, slowing down work, a violation of the order of execution, the expense of the hardware, the gap network and other effects.
On the subjective part of the crime is only a form of intentional fault. In doing so, in relation to action intent can only be direct, as evidenced by the legislature and the use of the term "illegal" and to the fact of the effects - both direct and indirect. A person must be aware of the danger of public action to anticipate the possibility or the inevitability of socially dangerous consequences, and wish them offensive, or consciously avoid them or treat them indifferently. Naturally, the existence of an act of culpable intent rather than negligence, will be difficult, if only because in various states of computer systems (often unknown perpetrator), the same action can lead to different consequences.
There is a need, of course, distinguish between the criminal offense of misconduct. For example, would not constitute a crime of an employee who violated the order established by order of business computer outside of any profit.
The perpetrator of a crime referred pm 1 tablespoon. 272, may be attributable to any person having attained 16 years, including a legitimate user, who does not have permission to work with a certain category of information.
Part 2 tablespoons. 272 provides as making the sign of some new elements of the subject and composition. This is the act:
1) group with prior agreement;
2) an organized group;
3) a person using his official position;
4) a person with access to computers, their system or network.
If the description of the first two indications given in the article. 35 UK, a special agent of the last two can be treated as individual officers, programmers, computer operators, naladchikov equipment, professional users of computer workstations, etc. Note, however, that hardly justified the designation of "the same" - that is, unlawful access - to those who have access to computers, systems, networks, because they appeal to computer data, most often, rightly.