Landina A.V. Actual Problems of Security of Information Safety by Facilities of Criminal Justice in Ukraine
The article is devoted to specific aspects of information security criminal law means. Most in this direction falls on the criminal law. Information security should be provided in the course of activity of bodies of criminal justice.
One of the problematic issues of the researched issues is the question of determining the circle of socially dangerous acts that infringe on the security of information, and their similarities that unite them into one group of offenses. Also, you need to determine the main directions of activities of criminal justice in terms of ensuring information security in Ukraine at all levels, given the presence of norms of the criminal code of Ukraine, which establish criminal liability for crimes against information security.
It is established that crimes against information security located in different sections of the Special part of criminal code of Ukraine, but have common features of all elements of the offense that united them into a separate group. All crimes against information security under the criminal code of Ukraine, are United by a number of common features which distinguish them from the totality of crimes: despite the fact that all these crimes are located in various chapters of the Special part of criminal code of Ukraine, which determines their ancestral object, they has as its direct object (primary or secondary mandatory) procedure for ensuring information security in the sphere of circulation of information in society the use of information resources and information technology. Whereas crimes against information security is always associated with the violation of traffic specific information, all they should be considered as subject crimes because such information is perceived by the human senses and/or is fixed with special technical means. Therefore, in the classification of these crimes by the preliminary investigation bodies must set their subject, as the subject acquires the status of a mandatory feature of the object of crimes against information security. The subject of crimes against information security determines a type of the perpetrator. Common features for subjects of crimes against information security are those that are defined in article 18 of the criminal code of Ukraine: sanity, sign of phisically, the age of criminal responsibility and committing a crime under the criminal code of Ukraine. No other common signs of constituent entities of the type of crime can’t be determined. Crucial in establishing the subject of the crimes encroaching on information security, is the subject of such crimes. The objective side of crimes against information security is always characterized by action. The subjective side of crimes against information security is characterized by fault in the form of intent.
Defined the main threats that pose a risk to information society, which requires the development of effective means of their prevention. The main threats that exist in the field of information security include the following: attempts to manipulate public consciousness, in particular through the dissemination of inaccurate, incomplete or biased information. To other types of threats some authors include: manifestations of curtailment of freedom of speech and access of citizens to information; dissemination by media of the cult of violence, cruelty, pornography; computer crime and computer terrorism; disclosure of information which constitutes a state secret, and confidential information which are the property of the state or aimed to meet the needs and national interests of society and the state. Especially relevant now the threat of information security is a so-called “information war”.
In the framework the solution of this question before the organs of criminal justice, the problem arises as to the application of existing tools and the development of new methods of counteraction and prevention of socially dangerous actions in the field of information security of Ukraine. Because information security is a special pravoohraniteli industry, the criminal justice authorities in the development of measures to ensure such security, is expected to attract specialists from other areas (technical, economic, social, humanitarian, etc.). Only their cooperation will ensure the development of effective and relevant means of ensuring information security in Ukraine.
Key words: information security, criminal justice, crimes against information security, object of crime, item of crime, subject of crime, the source of the threat, information warfare.