Problems of Qualifying Crimes Under Article 273 of the Criminal Code of the Russian Federation at the Stage of Initiating Criminal Proceedings

Abstract

At present public relations in all most vital spheres of the life of Russian society (science, education, economy, finance, defense, public safety, etc.) are seriously threatened by cybercrimes, which are constantly evolving and changing acquiring a transnational, organized, economic and political identity in the Russian Federation. The economic damage inflicted on the Russian society by cybercrimes is tremendous and could be counted in hundreds of billions of rubles and, sadly, is it growing from year to year. Especially difficult is the investigation of cybercrimes connected with the creation, use and dissemination of harmful software (Art. 273 of the CC of the RF). The use of harmful software is often a method of committing other crimes and reaching other criminal goals not immediately connected with damaging computer information protected by law. There are no clarifications of the Supreme Court of the Russian Federation regarding the court practice on criminal cases of cybercrimes, and the investigators make numerous mistakes in the legal assessment of criminal actions at the stage of initiating criminal proceedings as well as at other stages of preliminary investigation. Meanwhile, the legal qualification of cybercrimes at the stage of initiating criminal proceedings has a fundamental importance for resolving most vital legal and procedural problems in the investigation of such crimes as well as for the court hearing and passing a fair guilty verdict on a case. The authors analyze Russian court and investigation practice on criminal cases involving the creation, use and dissemination of harmful software as well as related offences. They offer recommendations on the most complete legal definition of crimes under Art. 273 of the CC of the RF and present their suggestions on improving court practice at the stage of initiating criminal proceedings.