Nersesian A.

Nersesian A. Automated document circulation system of the court as an object of criminal law protection

In the article the author analyzes the special legislation of Ukraine in the field of judicial system and also the criminal law norms establishing liability for illegal penetration into computer networks of ships. It is established that the automated system of document circulation of the court is the subject of criminal and legal protection. The main problems of the criminal-legal qualification of this crime and ways to overcome them are determined.
Confidentiality of information in its legal nature including the prohibition of its distribution or sale. Therefore, the notion of “unauthorized actions with confidential information of an automated document circulation system” includes also distribution and / or sale of such information
Unauthorized access to the automated document circulation system (ASDS) is the use of special software and hardware (hardware) tools designed to bypass or overcome the means of protection of ASDS and to gain access to confidential information of this system in the absence of legal grounds for this - the post and the order of the chairman of the court.
The sale and disclosure of confidential information with ASDS fully falls under the signs of two sets of crimes at once - a crime under Art. 361-2 of the Criminal Code (general rule) and the crime provided for in Art. 376-1 of the Criminal Code of Ukraine (special rule). Proceeding from the rule on competition of general and special norms, according to which preference is given to a special rule, the actions of a court officer who committed a criminal offense under Art. 376-1 of the Criminal Code of Ukraine and in the future transferred information on the ASDS to another stranger, additional qualifications under Art. 361-2 of the Criminal Code of Ukraine, do not need.

Keywords: court, computer network, unauthorized access, crime, confidential information.

 

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