UDC 343.3 / .7 (075)
DOI: 10.36871/u.i.k.2025.05.01.009

Authors

Denis S. Churakov,
Kutafin Moscow State Law University, Moscow, Russia

Abstract

The work revealed the absence of a proper correlation between the norm provided for in Article 274.1 of the Criminal Code of the Russian Federation and some of the main provisions of Federal Law No. 26-FZ of July 2017, 187 “On the Security of Critical Information Infrastructure of the Russian Federation”. In particular, this applies to the exclusion by the legislator of such key concepts as “computer attack” and “computer incident” from the framework of the disposition of the norm under study. The author has made a proposal on the need to create at the state level a single codified act containing concepts and terms that appeal to both art. 274.1 of the Criminal Code of the Russian Federation and other norms that make up the content of Chapter 28 “Crimes in the field of computer information” of the Criminal Code of the Russian Federation. In conclusion, it is concluded that the absence of such a regulatory source currently makes it difficult to apply the norm under study due to the fact that its content implies the need for an ordinary law enforcement officer to have special knowledge in the field of information law, as well as to refer to other regulatory legal acts at the federal and local levels to clarify the meaning of its content. Often, this is a huge array of sources where concepts that are similar in meaning, necessary for the correct qualification of what has been done under art. 274.1 of the Criminal Code of the Russian Federation, are duplicated or differ in content.

Keywords

security, information, critical information infrastructure, computer information, crimes