О некоторых уголовно-правовых аспектах характеристики цифровых прав

Законодательство. 2022. № 11. С. 51–57.

Серебренникова А. В., Trefilov A.

In the information economy, the object of theft can be both tangible and non-tangible (digital), which is recognized in Russian judicial practice and doctrine. Digital rights are recognized as the subject of theft, however, not all types of "tokens" that exist in everyday life can be attributed to digital rights. The progress of information technologies also determines the need to ensure the progress of criminal law, reflecting the dynamics of public relations in the context of digital globalization, as well as in improving the methods of committing crimes. The traditional mechanism of criminal law protection, which is not adequate to the needs of responding to changing crime in the context of its digital transformation, is critically evaluated.
The most pressing issues of the development of legal regulation of digital assets in the Russian Federation are systematized and disclosed in the context of the need to improve criminal legal means of countering criminal actions that encroach on the inviolability of digital rights. A classification of modern digital assets has been developed and substantiated, which has significance for their qualification as a subject of theft. On the example of the Russian judicial practice, the cases of theft of unrealized objects of property rights are systematized. The author's conclusion is made and reasoned about the necessity, as well as ways to improve criminal legal means of countering the theft of digital rights and assets, the formation of a legal framework regulating the fight against crime in the field of digital technologies.

Keywords: электронное правосудие, criminalistics, criminal risks, цифровые права