Study of Russian and the UK Legislations in Combating Digital Crimes
Alexandra Yu. Bokovnya, Zarina Ilduzovna Khisamova, Ildar Rustamovich Begishev · Helix · 2019
The purpose of this article is to formulate proposals to improve the criminal law of the Russian Federation on liability for digital crimes on the basis of a comparative legal study of the UK legislation in this area.The work provides a detailed comparative legal analysis of the UK legislation in the field of combating digital crimes.Based on the study, we proposed some mechanisms for ensuring the security of relations in the digital field.The cross-border nature of these attacks among the main tasks includes unification of legal norms governing the IT sphere, creation of a single mechanism to hold accountable for attacks in the IT sphere worldwide, regardless of geopolitical boundaries.A separate direction of the internal criminal policy of all countries shall be the creation of effective mechanisms for applying the provisions of legislation in the digital sphere; any legislation, even the most progressive, is useless and only declarative in nature without the necessary mechanism for its application.Evidence of the person's guilt is required in order to prosecute.The informational nature of infringements necessitates expanding the boundaries of the powers of law enforcement agencies, which inextricably leads to the problem of finding a balance between observing the freedoms of citizens in the information space and ensuring the universal information security.In the UK, as in all countries of the world, the answer to this question has not yet been found.