ISSUES OF THE CRIMINAL AND LEGAL PROVISION OF INFORMATION SECURITY OF AN INDIVIDUAL, SOCIETY AND THE STATE

Abstract

The article provides an overview of problematic issues in the field of information relations protection considering the prospects of allocating all crimes against information security into a separate section of the Special Part of the Criminal Code of Ukraine, and substantiates the need to create a clear and consistent conceptual model of criminal law protection of information security of an individual, society and the State.

The author analyzes the problem of generalization of corpus delicti of crimes encroaching on information security and distinguishes them into an independent section of the Special Part as well as conceptually new approaches to reforming criminal law proposed by the Working Group on the Development of Criminal Law established within the framework of activities of the Legal Reform Commission. The author substantiates the need to define a clear criterion by which certain acts relating to information relations will be included into the scope of criminal offences relating to the field of information.

Based on the theoretical approach, the article analyzes relevant articles of the Criminal Code of Ukraine relating to information security protection. The author suggests possible ways of improving these articles, changing the title of Section XVI and grouping criminal offences under Articles 360, 361, 361-1, 361-2, 362, 363, 363-1 of the CC (with relevant amendments); by means of introducing the concept of critical information technical infrastructure, which includes technical communication systems that ensure information needs and communication between state bodies and institutions, as well as communication between the regions of the country.

On the basis of the study, the author concludes that grouping information security offences in a separate section (or sections) of the Special Part is appropriate only in case of a radical reform of the national criminal law system.