Responsibility for encroachment on the safety of computer information is established by Article 272 of the Criminal Code of the Russian Federation. нормы предусматривают последствия нарушения порядка эксплуатации ПК, системы (сети) ЭВМ, в том числе с причинением существенного вреда. 273, 274 norms provide for the consequences of violation of the order of operation of the PC, the computer system (network), including causing significant harm. Let's consider further features of imposition of punishments for the given crimes.
Article 274 of the Criminal Code
This norm establishes responsibility for entities that violate the procedure for operating the means for processing, storing, redirecting protected computer data, information and communication networks, terminal equipment, access to them, which resulted in the blocking, destruction, modification, copying of information and causing significant damage. For these acts the guilty person is charged:
- Penalty up to 500 thousand rubles. Or in the amount of his income for 1.5 g.
- Corrective labor, duration 6 months. - 1 year.
- Restriction of freedom.
- Forced labor.
The duration of the last three sentences is 2 years. In the event that the above acts have caused serious consequences or created the danger of their occurrence, the perpetrator is sentenced to forced labor for a period of up to 5 years or to imprisonment for a similar period.
Article 274 of the Criminal Code: comments
As a key object of encroachment, public relations are associated with ensuring the security of the use of PCs, computer networks (systems). Accordingly, the crime subject is equipment used for storing, transferring, processing computer information. The composition of the act has a material construction. . When assessing an act, the criteria established by Article 272, 274 of the Criminal Code of the Russian Federation are used . In the first rule, in particular, the consequences of destruction, blocking, modification of information are determined.
Specificity of responsibility
применима только в том случае, если нарушенные правила были надлежащим образом приняты, закреплены и доведены до сведения пользователя. Article 274 of the Criminal Code of the Russian Federation is applicable only if the violated rules have been duly adopted, fixed and communicated to the user. In other words, the requirements must be developed by specialists, written out on paper and signed by management. The acquaintance of the user, as a rule, is carried out under his signature. Rules can be present in departmental regulations, regulations, instructions and technical descriptions.
Types of requirements
формулирует наказание, могут содержать предписания технического характера или положения, регламентирующие работу с различными системными продуктами. Rules for the operation of equipment for violation of which Article 274 of the Criminal Code of the Russian Federation formulates a punishment, may contain technical regulations or provisions regulating work with various system products. The first, for example, can include requirements for humidity, voltage, electromagnetic field and so on. The second are the provisions on the sequence of commands / operations, the prohibition of certain procedures, the compatibility of various software products, the mandatory implementation of certain actions in the occurrence of specific circumstances, etc. In addition, the rules may contain a description of the activities of an organizational nature. For example, it can be operations for backing up information, the requirements to use an uninterrupted power supply. The requirements for compliance with these provisions depend on the specifics of the work of a particular enterprise.
, признается завершенным в момент модификации, блокирования, уничтожения компьютерных данных в таком количестве, в котором их отсутствие причиняет значительный вред пользователю или обладателю данных. The offense punishable by Article 274 of the Criminal Code of the Russian Federation is recognized as completed at the time of modification, blocking, destruction of computer data in such quantity that their absence causes significant harm to the user or data owner. Materiality in this case acts as an appraisal concept. The amount of damage caused by a crime in violation of the rules for the operation of equipment will be determined by the totality of all available at the disposal of the court data. предусматривает наказания за деяния, вызвавшие тяжкие последствия. In part two, Article 274 of the Criminal Code provides for penalties for acts that have caused grave consequences. Their list is not disclosed in the law. However, in practice, the provisions on consequences established in Article 273 are applied.
The subjective part
It is possible to bring to account for the crime in question any sane citizen of 16 years of age. At the same time, he must have access to the PC, the computer system (network). In the last two cases, the subject of the crime is special, endowed with the appropriate official powers. Attraction of the person to responsibility is carried out not only on the basis of the fact of having at it access to the personal computer, networks or system of the COMPUTER. Important in the qualification is the passage of familiarization with the rules or instruction on the operation of equipment. This fact should be documented. There must be a connection between the consequences and actions of the subject. Acts, responsibility for which is recorded in Part 1 of Art. 274, referred to the category of small, and in part two - of medium severity.