On the question of qualification problems of theft committed with the use of information technologies

In the modern world, digital and information technologies are used in all spheres of human activity, including financial. Every day the number of settlements using electronic payment methods is growing. Consequently, such financial transactions become the subject of close attention from intruders. One of the main tasks of the state, in this context, is to protect the interests of individuals from illegal seizure of their funds by intruders. The author analyzes the law enforcement practice of applying Article 159.6 of the Criminal Code of the Russian Federation ("Fraud in the field of computer information"), identifying the ambiguity of its application and citing specific examples from court decisions where the same actions are qualified differently. The identified contradictions are due to the vagueness of the wording and the lack of clear criteria for distinguishing between theft and fraud when using information technology. The authors analyze various scientific approaches to the definition of "cybercrime" and offer a solution to individual problems of qualification. The article is relevant for lawyers, law enforcement agencies and legislators working in the field of combating cybercrime.