Karchevskii N.V. The main directions of ensuring criminal legal protection of information security

Abstract: In this work the author attempts to formulate the key requirements for providing criminal legal protection of the public relations in the area of informatization. The system of criminal legal protection of public relations that is responsible for meeting the informational demand and is intended for providing the criminal legal stimulation of the positive, and minimization of the negative social consequences of informatization can be referred to as “information security”. The subject remains in the state of information security when the effectiveness of their activity is provided with accurate and sufficient information for making a decision. This state can be achieved by the social activity in three interlinked groups of social relations that represent the structural elements of information security: public relations in the sphere of use of information technologies; in the sphere of providing access to information resource; in the sphere of creating an information resource. At the same time the public danger of infringing on the information security is not independent, but rather depends on the social significance of the relations within which the information demand emerges. The author proposes the main directions for improving the legislation on the criminal liability for the crimes in the area of information technologies, as well as the sphere of limited access of information. The bases are provided for the unreasonableness of a wide implementation of means of criminal justice in the sphere of forming an information resource.

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