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Title |
Computer Crimes in Criminal Legislation of the Russian Federation and the State of Texas (USA) |
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Author |
Alexey Fatyanov, Maria Grigorieva, Taulan Boziev, Sergey Polyakov, and Anna Skachko |
| Citation |
Vol. 22 No. 6 pp. 641-646 |
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Abstract |
The main purpose of the article is to compare approaches to the legal regulation of liability for computer crimes in Russia and in the state of Texas (USA). Some explanations are given to the terms and definitions of concepts that are analyzed and compared (for example, ""criminal liability"" or ""computer crimes"", ""corpus delicti""). Next, the assessing the differences and similarities between Russian and Texas legislation is done. One of the first points that attracts attention is that the Texas Criminal Code classifies computer crimes as a general category of crimes against property. In Russia, this group of criminally punishable acts is classified as crimes against public safety and public order. Unlike the Criminal Code of Texas, where a broad glossary of definitions of various concepts is presented, such concepts are rare in the Criminal Code of the Russian Federation. For example, Russian law does not contain the concept of ""computer"" at the level of federal law, so it would be useful to study this category from the Texas Criminal Code. The next part of the article examines and compares certain types. In particular, it is concluded that the approach of the Texas legislator is broader and more rational. For example, when considering cases of illegal access to legally protected computer information, the law enforcement officer and the court should prove only two facts: the fact of knowingly gaining access and the fact that there is no valid consent of the owner of the computer, computer network or computer system. In the Russian model, it is much more complicated. In the final part of the article, a comparative analysis of penalties in criminal law, their types and features is carried out. |
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Keywords |
criminal law, criminal offense, misconduct, computer, computer crimes, the Criminal Code of the Russian Federation, Texas legislation, digital economy. |
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