Criminal Legal Description of Fraud Committed with the Use of Information and Telecommunication Technologies

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Abstract

The current stage of development of science and technology has set one of the key tasks of forensic science - the digitalization of crime. The digitalization of the economy has led to a reduction in the cost of automated information processing, coupled with an increase in the number of users of the capabilities of the information and telecommunications environment and has opened up new opportunities for representatives of the underworld. Among the most committed criminal acts were fraud using bank cards, mobile communications and computer equipment. Computer fraud is any act of altering computer data or tampering with a computer system that results in the deprivation of another person's property. Thus, the main direct object of fraud is public relations in the field of property protected by criminal law, and property, including non-cash and electronic money, should be referred to the objects of encroachment. In the science of criminal law, fraud is one of the so-called traditional elements of crimes, which are sufficiently studied. Causing the need to improve measures to identify, disclose and investigate crimes committed using the information and telecommunications environment, it should be noted that their number is growing, and at the same time, the methods, ways and means of committing them are becoming more sophisticated. Using the possibilities of the information and telecommunications environment for criminal purposes is a serious challenge for law enforcement and legislative bodies. It is known that scientific and technological progress is accompanied by new threats associated with cybercrime, which has its own specifics, has a transnational scale, constantly changes its forms, is characterized by high latency and, as a result, is practically not amenable to existing countermeasures. In order to effectively prevent fraud committed using the information and telecommunications environment, it is necessary to effectively apply criminal law.

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About the authors

Eduard Vitalievich Kovalenko

North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Email: kovalenko0007@inbox.ru
Senior Lieutenant of Police, Lecturer of the Department of Organization of Law Enforcement Nalchik, Russia

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