Issues of reasonableness of legislative regulation of crimes against property committed in the IT-sphere

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The legislative regulation of crimes against property committed in the IT sphere is considered in the article. The author analyzes in detail the legal expression of the mandatory elements of theft from a bank account or e-money thefts, electronic payment fraud and computer and Internet fraud. The revealed shortcomings of legislative regulation are confirmed by the analysis of judicial practice. The author proves the need for legislative consolidation of the legal status of electronic money, since in law enforcement there is a problem of recognizing organizations’ bonuses as e-money. The author also explains the shortcomings of the lack of regulation of the method of committing an act as part of fraud using electronic payment instruments, since the current version of Art. 159.3 of the Criminal Code of the Russian Federation does not allow distinguishing this crime from related offenses. In addition, the author provides arguments for the inadmissibility of using the term «fraud» within corpus delicti under Art. 159.6 of the Criminal Code of the Russian Federation when designating the crime due to the discrepancy between the essence of this crime and the characteristics of fraud.

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Преступления в сфере it-технологий

Короткий адрес: https://sciup.org/140301166

IDR: 140301166   |   DOI: 10.51980/2542-1735_2023_2_23

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