
On the Socio-Legal Conditionality of Criminal Combating of Crimes Involving the Use of Electronic Technologies in Russia and China
Author(s) -
Valeriy A. Lyutov
Publication year - 2021
Publication title -
ûridičeskoe obrazovanie i nauka
Language(s) - English
Resource type - Journals
ISSN - 1813-1190
DOI - 10.18572/1813-1190-2021-2-30-35
Subject(s) - legislation , conditionality , criminal law , political science , normative , legal research , law , politics
Purpose. This research is aimed at identifying the reasons for the social and legal conditionality of establishing criminal bans committed using electronic technologies in Russia and China. Based on this, it is reasonable to study the socio-legal conditionality of establishing criminal liability in the field of electronic technologies, since in the absence of a system of knowledge about public relations protected by criminal law, as well as the environment in which the relevant normative decision was made, it is impossible to fully analyze its content and potential effectiveness. Methodology: general scientific and private scientific methods of cognition: analysis, synthesis, formal logical, formal legal, comparative legal. Conclusions. The need for criminal law protection of the sphere of high-tech circulation from criminal attacks is due to its influence on the existing structure of public relations and the emergence of new threats to the state, public and personal security of citizens. The public danger of crimes committed with the use of electronic technologies has qualitative differences from the negative impact on public relations arising from the use of historically established methods of illegal behavior. Crimes committed with the use of electronic technologies have received a criminal-legal characterization in the legislation of Russia and China insofar as there are new threats to public relations arising from the circulation of computer information and its use for commercial and non-commercial purposes. Scientific and practical significance. The significance of the research is that for the first time a comparative legal analysis of the criminal legislation of the Russian Federation and the People’s Republic of China is conducted in terms of establishing responsibility for crimes committed using electronic technologies. The practical significance of the research lies in the legislative activity of the two countries, by improving the processes of unification and differentiation of criminal law prohibitions related to the use of electronic technologies.