Вопросы квалификации мошенничества в сфере компьютерной информации
The article deals with the legal issues of classifying computer fraud. The author conludes that the area as a clear sign of cyber-jraud consists of the activity (physical and juridical acts) related to functioning electronic payment systems, e.g. distant financial operations involving bank cards, non-cash money etc. An offender may gain the illegal material profit (acquire illegal title to some property) in the form of bank money, book-entry securities, other property rights without going outside the bounds of the cyber-sphere. The author presents a great number of legal cases to support this thesis. At the same time, committing a theft of cash money or other material property usually requires to combining cyber-activity with some physical interactions. It may include preparation of fictitious warrants, taking out cash-money, etc. In the circumstances where the criminal liability depends on the form of illegal appropriation one can face a cjllision in legal treatment of criminal actions. The author draws the cjnclusion that there is a possibility to find out the solution to the problem. The new prohibitions of the Criminal Code should be included in the existing system of prescriptions. A theft should be treated as a theft even if it has been cjmmitted as defined in art. 159.6 of the Criminal Code. For example, if a theft scould be qualified actions of an offender who made some cyber-operations butdid not get the possibility to control assessments, the thief has to make other physical fctions to appropriate it. Consequently, Art. 159.6 of the Criminal Code cjvers only the actions in the cyberspace that are enough to acquire title to some property and do njt requare additional activity in order to appropriate (to hold back) these objects.
The book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/