Uncertainty of terminology and problems of qualification of cybercrimes based on the court case files

Introduction. The rapid growth of artificial intelligence, the scaling and globalization of information IT technologies, and the increasing use of virtual space to meet social needs have, on the one hand, greatly simplified the life of modern society, on the other hand, threatened public safety and the private sphere of each person. Modern crime is ahead of the law enforcement agencies’ actions and is constantly improving. The Criminal Code of the Russian Federation is constantly supplemented by the legislator with new criminal law norms, often not thoroughly elaborated, which causes difficulties in law enforcement and, above all, in the correct qualification of criminal acts. Evaluative attributes specified as qualifying features in the articles of the Special Part of the Criminal Code of the Russian Federation are interpreted differently by law enforcement agencies, which subsequently affects the inappropriate punishment imposed by the courts. These circumstances dictate the necessity of theoretical and legal analysis of these issues. Materials, Results and Discussion. Cybercrime is one of the global risks threatening the world community. The concept of ‘cybercrime’ is absent in criminal law terminology, however, it is actively used in law enforcement agencies, and in statistical reports of the Russian Ministry of Internal Affairs. Evaluative attributes in the articles of the Special Part of the Criminal Code of the Russian Federation require clarification. The court practice of imposing punishment for cybercrime follows the path of unjustifiably lenient punishment, mainly non-custodial, including for multi-episode crimes that cause serious harm to social relations, and does not contribute to reducing the growth of cybercrime.