Criminal law instruments for the protection of the individual in the context of digitalization

The article is devoted to the analysis of the instruments of criminal law to ensure the protection of rights and freedoms of the individual in the context of digitalization .From the point of view of reflection of necessary level of protection of the rights of personality from encroachments made with the use of digital technologies, corpus delicti of the Criminal Code, providing responsibility for encroachments against personality, explanations of the Resolutions of the Plenum of the Supreme Court of the RF, judicial practice are analyzed . Criminal law instruments of personal protection are conditionally divided into 3 groups: “criminalization”, “explanations”, “direct application” .The conclusions of the study include an indication of the insufficiency of criminal-legal regulation to ensure the protection of the rights and freedoms of the individual . However, the inexpediency of point criminalization of new threats in view of the constant development of digital technology is noted . The question is raised about the need to review as a whole criminal law policy in terms of the impact of digitalization on criminality, the inclusion of a new aggravating circumstance related to the use of information and telecommunication technologies in Article 63 of the Criminal Code, development of the right basis of “digital hygiene” .