Crimes committed in the area information technologies, are punishable by law. Violations include acts aimed at violating the rights of authors and Internet users, distributing harmful viruses and illegal information, theft personal information, fraud. Let us list the articles of the Criminal Code of the Russian Federation that coordinate violations in this area.

Article 137. Violation of privacy

1. A citizen of the Russian Federation who collects and distributes illegally, publicly (through the media, speeches) data about privacy any person will:

1. Fined 200 thousand rubles. or for all income for 18 months.
2. Involved in compulsory work for 360 hours.
3. Involved in correctional labor for 1 year.
4. Obliged to perform forced labor for 2 years, and he will also not be able to engage in certain activities and hold certain positions for 3 years.
5. Arrested for 4 months.
6. Sent to prison for 2 years and deprived of the right to engage in certain activities and hold certain positions for 3 years.

2. When the citizen who committed the same crime is a person who used his official position, he faces:

1. A fine of up to 100 thousand rubles, or the income for 1-2 years will be written off.
3. Forced labor for 4 years and deprivation of the rights listed above for 5 years. Or just performing such work.
4. Arrest for six months.
5. Imprisonment for 4 years and deprivation of the same right for 5 years.

3. A citizen who disseminated information about a minor victim in criminal cases (for example, in the case of rape of a child, beating him, etc.) and thereby inflicted moral and physical suffering on the child, mental disorders or other serious consequences, will be punished more severely:

1. He will pay a fine of 150-350 thousand rubles, or he will pay all his income for 18-36 months.
2. Will be deprived of the right to engage in certain activities and hold certain positions for 3-5 years.
3. Perform forced labor for 5 years and lose the same right for 6 years, or only perform the work.
4. He will be under arrest for six months.
5. He will “serve” behind bars for 5 years and will not be able to engage in certain activities or hold certain positions for 6 years.

Article 138. Violation of the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages

1. An attacker who has violated the secrets of correspondence, telephone conversations, postal, telegraph or other messages of citizens may:

1. Pay a fine - 80 thousand rubles, or income for six months.
2. Fulfill compulsory work within 360 hours.
3. Attend and perform correctional labor for 1 year.

2. When a person has committed the same crime using his official position, he will face:

1. Fine from 100 to 300 thousand rubles, or in the amount of income for 1-2 years.
2. Deprivation of the right to hold certain positions or engage in certain activities for 2-5 years.
4. Forced labor – 4 years.
5. Arrest – 4 months.
6. Imprisonment – ​​4 years.

Article 138.1. Illegal trafficking of special technical means intended for secretly obtaining information

According to this article, a citizen of the Russian Federation who illegally produced, acquired or sold special technical means necessary for secretly obtaining information will be punished as follows:

1. Fined 200 thousand rubles. or total income for 18 months.
2. Restricted in freedom for 4 years.
3. Forced to undergo forced labor for 4 years. He may also be deprived of the right to hold certain positions and engage in certain activities for 3 years.
4. Sent to prison for 4 years. In addition, he may be deprived of the same right for 3 years.

Article 140. Refusal to provide information to a citizen

Crimes that harm the rights and legitimate interests of citizens of the Russian Federation and affect the unlawful refusal of extradition necessary information on the part of the official, are coordinated by this article.

The attacker faces:

1. Fine up to 200 thousand rubles. or the sum of all income for 18 months.
2. Deprivation of the right to engage in certain activities and hold certain positions for 2-5 years.

Article 144. Obstruction of the legitimate professional activities of journalists

1. A citizen who interferes with legal professional activity journalists by forcing them to disseminate or refuse to disseminate information, expects:

1. Fine – 80 thousand rubles. or the amount of income for six months.
2. Mandatory work – 360 hours.
3. Correctional labor for 1 year.

2. The same violation committed by a person using his official position is punishable by:

1. Payment of a fine - from 100 to 300 thousand rubles. or all income for 1-2 years.
2. Compulsory work for 480 hours.
3. Correctional labor for 2 years.
4. Forced labor for 2 years. This punishment may be supplemented by deprivation of the right to engage in certain activities and hold certain positions for 3 years.
5. Imprisonment for 2 years. To this measure of punishment the above-mentioned deprivation of rights for 3 years may be added.

3. If violence against a journalist, his relatives, as well as damage to their property is added to the crimes provided for in parts 1 and 2 of this article, then the accused in such a case will face punishment in the form of:

1. Forced labor for 5 years.
2. Imprisonment for 6 years. To this measure of punishment may be added deprivation of the right to engage in certain activities and hold certain positions for 3 years.

Article 146. Infringement of copyright and related rights

1. Pay a fine - 200 thousand rubles. or the sum of all income for 18 months.
3. Undergo corrective labor for 1 year.
4. Be under arrest for six months.

2. A criminal who illegally used objects of copyright or related rights, acquired them, stored them, transported them for sale and caused large damage, faces:

1. Fine – 200 thousand rubles. or all income for 18 months.
2. Mandatory work – 480 hours.
3. Correctional labor – 2 years.
4. Forced labor – 2 years.
5. Imprisonment – ​​2 years.

3. If the acts listed in part 2 of the article were committed by a group of persons who previously agreed, or organized group, either an official or a special large size(over 1 million rubles), then the criminals will be punished:

1. Forced labor for 5 years.
2. Time spent behind bars for 6 years. In addition, a fine may be added to this punishment, the amount of which will be 500 thousand rubles. or income for 3 years.

Article 159.6. Computer Fraud

1. A crime related to the theft of someone else’s property or the right to it by entering, deleting, blocking, modifying computer information or other interference with the functioning of means of storing, processing or transmitting computer information or information and telecommunication networks, is punishable by:

1. Fine – 120 thousand rubles. or income for 1 year.
2. Compulsory work – 360 hours.
6. Arrest for 4 months.

2. When the same act is committed by a group of persons who have previously agreed, or with the infliction of significant damage to a citizen, then each participant in the crime expects:

1. Fine – 300 thousand rubles. or income for 2 years.
2. Mandatory work – 480 hours.
3. Correctional labor for 2 years.
4. Forced labor for 5 years. They may also add a restriction of freedom for 1 year.
5. Imprisonment for 4 years. Restriction of freedom may be added for 1 year.

3. If the crime listed in parts 1.2 of the article was committed by an official, or on a large scale (more than 1.5 million rubles), then he will face:

1. Fine from 100 to 500 thousand rubles. or income for 1-3 years.
2. Forced labor for 5 years. They may add a 2-year restriction of freedom.
3. Imprisonment for 5 years. Two more can be added to this punishment: a fine of 80 thousand rubles. or income for six months and restriction of freedom for 1.5 years.

4. When the act provided for in parts 1, 2, 3 of this article was committed by an organized group, or on a particularly large scale (over 6 million rubles), then each participant in the crime will be punished:

1. Imprisonment for 10 years. They may also issue a fine of 1 million rubles. or write off income for 3 years. Or they will add a restriction of freedom for 2 years.

Article 183. Illegal receipt and disclosure of information constituting commercial, tax or banking secrets

1. A person who collects information about commercial, tax, or banking secrets by stealing documents, bribing or threatening, shall be punished:

1. Fine – 500 thousand rubles. or income for 1 year.
2. Correctional labor – 1 year.
3. Forced labor – 2 years.
4. Imprisonment - 2 years.

2. When a citizen has received such information through his service or work and illegally discloses or uses it without the consent of its owner, he faces:

1. Fine – 1 million rubles. or income for 2 years, as well as deprivation of the right to engage in certain activities and hold certain positions for 3 years.
2. Correctional labor – 2 years.
3. Forced labor – 3 years.
4. Imprisonment – ​​3 years.

3. If a person has committed the same violations for personal gain or causing major damage (notes to paragraph 10 of Article 169 of the Criminal Code of the Russian Federation), then he is punished:

1. Fine – 1 million rubles. or income for 3 years, as well as deprivation of engaging in certain activities and holding certain positions for 3 years.
2. Forced labor – 5 years.
3. Serving in prison – 5 years.

4. When a criminal has carried out the acts provided for in parts 2.3 of this article and entailed grave consequences, then he expects:

1. Forced labor – 5 years.
2. Imprisonment – ​​7 years.

Article 185.1. Malicious evasion of disclosure or provision of information as defined by the legislation of the Russian Federation on securities

According to this article, if evasion from disclosing or providing data has brought major damage to citizens, organizations, and the state (over 1 million rubles), then the attackers involved in this crime will:

1. Pay a fine - 300 thousand rubles. or all income for 2 years is considered.
2. Perform mandatory work for 480 hours.
3. Carry out correctional work for 2 years.

Article 185.3. Market manipulation

1. A citizen who deliberately disseminates false information through the media, electronic, information and telecommunication networks (including the Internet), who carries out transactions with foreign currency, goods, or deliberately acts outside the framework of Russian legislation, while causing major damage to citizens, organizations, and the state (2.5 million rubles), is punishable by:

2. Forced labor for 4 years. Also, to this punishment may be added deprivation of the right to engage in certain work and hold certain positions for 3 years.
3. Imprisonment for 4 years. They may add 2 more penalties, or 1 of: fine - 50 thousand rubles. or income for 3 months, or deprivation of the above rights for 3 years.

2. If the same act was committed by an organized group and caused damage on an especially large scale (10 million rubles), then each participant in the crime will receive:

1. Fine from 500 thousand to 1 million rubles. or income for 2-5 years.
2. Forced labor for 5 years. They may add to the punishment deprivation of the above rights for 3 years.
3. Sent to prison for 7 years. It is possible that a fine of 1 million rubles will be added. or income for 3 years and deprivation of the above rights for 3 years.

Article 185.6. Illegal use of insider information

1. Anyone who uses insider information to carry out transactions with financial instruments, foreign currency, goods to which such information relates, thereby causing large damage (2.5 million rubles), will be punished:

1. A fine of 300 to 500 thousand rubles. or income for 1-3 years.
2. Sent to prison for 2-4 years. They may add 2 or 1 of these penalties: fine - 50 thousand rubles. or income for 3 months, or deprivation of the right to work in a certain field and hold certain positions for 3 years.

2. The actions of a person who deliberately transmitted information to other citizens and entailed the same consequences as in part 1 of this article are punishable by:

1. Fine from 500 thousand to 1 million rubles. or income for 2-4 years.
2. Placed in prison for 2-6 years. To this punishment may be added: a fine of up to 100 thousand rubles. or the amount of income for 2 years and deprivation of the above rights for 4 years.

Article 205.2. Public calls for terrorist activities or public justification of terrorism

According to part 2 of this article, a person who calls for terrorism through the media will be punished:

1. Fine from 300 thousand to 1 million rubles. or the amount of income for 3-5 years.
2. Forced labor for 5 years. They may also add deprivation of the right to work in a certain field and hold certain positions for 5 years.
3. Imprisonment for 7 years and deprivation of the above rights for the same period.

Article 237. Concealment of information about circumstances that pose a danger to the life or health of people

1. When a person responsible for eliminating a danger conceals information about it, he is punished:

1. Fine up to 300 thousand rubles. or the amount for 2 years.
2. Forced labor for 2 years. A period of 3 years of deprivation of the right to work in a certain field and hold certain positions may be added.
3. Imprisonment for 2 years. Perhaps they will add deprivation of the above rights for 3 years.

2. If the person who committed the crime described in Part 1 is a public servant or his actions resulted in grave consequences, then the attacker will face:

1. Fine – 100-500 thousand rubles. or income for 1-3 years.
2. Forced labor for 5 years. They may add deprivation of the rights listed above for 3 years.
3. Imprisonment for 5 years. Perhaps they will add deprivation of the above rights for 3 years.

Article 242. Illegal production and circulation of pornographic materials or objects

1. A violator who illegally produces and transports pornographic materials across the border of the Russian Federation for further sale or publicity shall be punished:

1. Fine – 100-300 thousand rubles. or income for 1-2 years.
2. Forced robots for 2 years.
3. Sent to prison for 2 years.

2. If the attacker is an adult citizen of the Russian Federation who distributed pornographic materials among minors or involved them in the sale of products, then he will:

1. Serve your sentence in prison for 2-5 years. They may add deprivation of the right to engage in certain activities and hold certain positions for 10 years.

3. When the crimes listed in parts 1 and 2 were carried out by a group of people who agreed in advance, or by an organized group through the media, information and telecommunication networks, even the Internet, and at the same time generated income on a large scale (more than 50 thousand rubles), then each participant in the act faces:

1. Prison for 2-6 years. They may be deprived of the right to engage in certain activities and hold certain positions for 15 years.

Article 272. Illegal access to computer information

1. A citizen who illegally destroyed, copied, blocked, or modified information on a PC will be punished:

1. Fine – 200 thousand rubles. or 18 months' income.
3. Restriction of freedom for 2 years.
4. Forced labor for 2 years.
5. Prison for 2 years.

2. When a criminal who committed the same act for personal gain caused large damage (1 million rubles), then he will have:

1. Fine – 100-300 thousand rubles. or income for 1-2 years.
2. Correctional labor for 1-2 years.
4. Forced labor for 4 years.
5. Prison for 4 years.

3. If the acts provided for in Part 1.2 were carried out by a group of persons by prior conspiracy, an organized group or a person holding an official position, then each participant in the crime:

1. They will be fined 500 thousand rubles. or will have their income withdrawn for 3 years, and will also be deprived of the right to work in a certain field and hold certain positions for 3 years.
2. Will be restricted in freedom for 4 years.
3. They will be forced to perform forced labor for 5 years.

4. When the violations listed in parts 1, 2, 3 have brought grave consequences or created a threat of their occurrence, then the accused in such a case will be “sent” to prison for 7 years.

Article 273. Creation, use and distribution of malicious computer programs

1. A criminal who produces, distributes or uses programs that harm computer information or its means of protection is punishable by:

1. Restriction of freedom for 4 years.
3. Imprisonment for 4 years, payment of a fine - 200 thousand rubles. or 18 months' income.

2. If the person who committed the crime of Part 1 is a member of a group of persons who agreed in advance about the act, an organized group, or an employee who caused large-scale damage for personal gain, then he faces:

1. Restriction of freedom for 4 years.
2. Forced labor for 5 years. They may be deprived of the right to work in a certain field and hold certain positions for 3 years.
3. Imprisonment for 5 years. Perhaps they will add 1 or 2 of these penalties: fine - 100-200 thousand rubles. or income for 2-3 years, or deprivation of the above rights for 3 years.

3. When a criminal has committed the acts provided for in parts 1 and 2 and caused grave consequences or created a threat of their occurrence, he will be sent to prison for 7 years.

Article 274. Violation of the rules for operating means of storing, processing or transmitting computer information and information and telecommunication networks

1. Anyone who violates these rules and causes major damage will be severely punished:

1. They will be fined 500 thousand rubles. or write off income for 18 months.
2. They will be forced to undergo correctional labor for six months to a year.
3. Freedom will be restricted for 2 years.
4. They will be forced to attend forced labor for 2 years.
5. They will be sent to prison for 2 years.

2. When a criminal who has committed an act of part 1, by his actions entails the occurrence of grave consequences or creates a threat of their occurrence, then he:

1. They are required to do forced labor for 5 years.
2. Imprisoned for 5 years.

Article 275. High treason

A citizen who committed high treason (carried out espionage, betrayed foreign country, international organization information constituting a state secret, or provided financial, logistical, and consulting assistance foreign representatives), directed against the security of the Russian Federation, will be:

1. Serve your sentence in prison for 12-20 years. He will be limited in freedom for 2 years and may be forced to pay a fine of 500 thousand rubles. or write off income for 3 years.

Article 276. Espionage

A person who committed espionage (collected, stole or stored state secret information for the purpose of transfer to a foreign state, organization or international representatives, or who carried out foreign intelligence tasks against the security of the Russian Federation) will be sent to prison for 10-20 years. Moreover, it does not matter if the citizen has Russian citizenship.

Article 280. Public calls for extremist activities

1. A person who publicly calls for extremist activity is punishable by:

1. Fine – 100-300 thousand rubles. or the amount of income for 1-2 years.
3. Arrest for 4-6 months.
4. Imprisonment for 4 years and deprivation of the right to work in a certain field and hold certain positions during the same time.

2. When a person has committed the same crime using the media or information and telecommunication networks, including the Internet, then he will face:

1. Forced labor for 5 years. In addition, they may be deprived of the right to engage in certain activities and hold certain positions for 3 years.
2. Sent to jail for 5 years, as well as deprivation of the above rights for 3 years.

Article 280.1. Public calls for actions aimed at violating the territorial integrity of the Russian Federation

1. In the case where a citizen publicly called for actions aimed at violating the territorial integrity of the Russian Federation, he faces:

1. Fine – 100-300 thousand rubles. or all income for 1-2 years.
2. Forced labor for 3 years.
3. Arrest for 4-6 months.
4. Imprisonment for 4 years and deprivation of the right to work in some field and hold certain positions during the same time.

2. If the attacker committed the same crime through the media, electronic or information and telecommunication networks, as well as on the Internet, then he will be expected to:

1. Compulsory work for 480 hours and deprivation of the above rights for 3 years.
2. Sent to jail for 5 years and deprivation of rights related to the field of activity and positions for 3 years.

Article 282. Inciting hatred or enmity, as well as humiliation of human dignity

1. A citizen whose public actions are aimed at creating enmity, hatred, humiliation of the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as those committed through the media or information and telecommunication networks, including Internet will be punished:

1. Fine – 100-300 thousand rubles. or all income for 1-2 years.
2. Deprivation of the right to work in a certain field and hold certain positions for 3 years.
3. Compulsory work for 360 hours.
4. Correctional labor for 1 year.
5. Forced labor for 4 years.
6. Imprisonment for 4 years.

2. When the same crime was committed by a person using his official position, or violence or the threat of his appearance, or an organized group, then the attacker:

1. They will be fined 300-500 thousand rubles. or they will write off all income for 2-3 years.
2. They will be deprived of the right to engage in certain work and hold certain positions for 5 years.
3. Forced to perform 480 hours of compulsory work.
4. They will force you to do correctional labor for 1-2 years.
5. They will be required to perform forced labor for 5 years.
6. They will be sent to jail for 5 years.

Article 283. Disclosure of state secrets

1. A person who, through his service, work, or study, learned and possessed information constituting a state secret and passed it on to other persons (in the absence of crimes under Articles 275.276 of the Criminal Code of the Russian Federation), shall be punished:

1. Arrest for 4-6 months.
2. Imprisonment for 4 years. Also, the attacker may be deprived of the right to engage in certain activities and hold certain positions for 3 years.

2. If the same act resulted in grave consequences due to negligence, then the citizen who disclosed state secrets will be forced to imprisonment for 3-7 years, and may also be deprived of the above rights for 3 years.

Article 283.1. Illegal acquisition of information constituting state secrets

1. A person who kidnaps, deceives, blackmails, coerces, or threatens to use violence in order to obtain information that constitutes a state secret (in the absence of crimes under Articles 275.276 of the Criminal Code of the Russian Federation) will be punished:

1. Payment of a fine - 200-500 thousand rubles. or all income for 1-3 years.
2. Sent to prison for 4 years.

2. A citizen of the Russian Federation can be “sent” to prison for 3-8 years when the act provided for in part 1 of this article was committed:

• A group of people.
• With the use of violence.
• Using special and other technical means designed to secretly obtain information.

The same punishment awaits a person if the crime he committed entailed grave consequences, or was associated with the dissemination of information constituting a state secret, or with the movement of carriers of such information outside the Russian Federation.

Article 287. Refusal to provide information to the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation

1. A citizen who is an official and unlawfully refused to provide information, or evaded providing information, documents, materials, or who submitted false data to the Federation Council, the State Duma, or the Accounts Chamber of the Russian Federation, faces:

1. Fine – 200 thousand rubles. or 18 months' income.
2. Deprivation of the right to work in a certain field, to hold certain positions for 2-5 years.
3. Forced labor for 3 years.
4. Arrest for six months.
5. Imprisonment for 3 years.

2. When the person who committed the same acts is a civil servant, then he:

1. They will be required to pay a fine of 100-300 thousand rubles. or they will write off all income from him for 1-2 years.
2. They will be forced to undergo forced labor for 5 years. In addition, they may be deprived of the right to hold certain positions and engage in certain activities for 3 years.
3. They will be sent to jail for 5 years. They may also be deprived of the above rights for 3 years.

3. If the crimes provided for in parts 1 and 2 of this article:

1. They hide violations committed by government officials.
2. Carried out by a group of people who agreed in advance.
3. An organized group.
4. There were serious consequences.

Then the participants in this act will face punishment in the form of:

1. Forced labor for 5 years. Perhaps they will add deprivation of the right to work in a certain field and hold certain positions for 3 years.
2. Imprisonment for 8 years, as well as deprivation of the above rights for 3 years.

Article 354. Public calls for unleashing a war of aggression

1. A person who publicly called for an end to aggressive war, will be punished:

2. Imprisonment for 3 years.

2. When a person who committed the same act through the media holds a government position, the offender will be obliged to:

1. Pay a fine - 100-500 thousand rubles. or income for 1-3 years.
2. “Sit” in prison for 5 years. In addition, the accused will be deprived of the right to hold certain positions and work in a certain field for 3 years.

Article 354.1. Rehabilitation of Nazism

1. A citizen who denies the facts established by the verdict of the International Military Tribunal for the trial and punishment of the main war criminals European countries axis, either approving the crimes established by the said sentence, or distributing false information about the activities of the USSR during the Second World War, the following will be punished:

1. Fine – 300 thousand rubles. or income for 2 years.
2. Forced labor for 3 years.
3. Prison for 3 years.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://allbest.ru

Public lesson

discipline: Computer Science

Subject: "Crimes in the information spheree»

Korenovsk 2015

Introduction

Lesson Objectives:

1. Didactic: To introduce students to the concepts of offenses in the information sphere, measures to prevent offenses in the information sphere..

2. Educational: instilling skills of independence in work, instilling accuracy and discipline.

3. Developmental: development of attention, memory of students, development of the ability to compare received information.

Type of lesson: learning new material.

Equipment: computer science and ICT room

Form of work: collective, individual

Lesson duration 45 min.

During the classes

Organizing time. Oral frontal opgrew up

1.What is software?

2.Software update algorithm

Learning new material

Crimes in the information sphere, measures to prevent them : Main subject legal regulation information law are information relations arising in the implementation information processes- processes of production, collection, processing, accumulation, storage, search, transmission, distribution and consumption of information

Information law as a science is a system scientific knowledge about information law as a branch of law, its subject, methods, principles of legal regulation of information relations, history of development, its main institutions, comparative legal analysis of legal norms and social relations in the information sphere foreign countries. And this science is on initial stage of its formation.

Information law as academic discipline is a system of knowledge about information law that is required to be studied in the relevant educational institutions, primarily legal ones.

Information law-- a branch of law, a set of legal norms regulating public relations in the information sphere related to the circulation of information, the formation and use of information resources, the creation and operation of information systems in order to ensure the safe satisfaction of the information needs of citizens, their organizations, the state and society. administrative legal information

Certain rules of information law also contain provisions of civil, financial and business law that regulate relevant civil, financial and business relations.

Constitutional and legal regulation information relations is determined by the need to ensure guarantees of the implementation of information constitutional rights and freedoms of citizens, which have been developed in other legislative acts.

Civil regulation information relations is due to the fact that most of information rights and freedoms are implemented in the process of civil circulation of information. These are property rights and ownership of information resources in the information sphere.

Administrative and legal regulation information relations is determined by the need government controlled information processes of the formation and use of state information resources, the creation and use of state information systems and means of supporting them, as well as means and mechanisms of information security.

Criminal legal regulation information relations is determined by the need to counter illegal actions in the information sphere.

So, given the complex nature of information law, we can conclude that it subject are social relations that arise, change and cease during the circulation of information in the information sphere as a result of the implementation of information processes.

System of information legislation of the Russian Federation - a set of legal norms governing relations in the information sphere.

A rule of law is a rule of behavior for participants in legal relations.

The source of law is the form of expression of this rule, the way of giving it generally binding force through the adoption of state acts.

The set of legal norms enshrined in law constitutes the system of information legislation of the Russian Federation:

Constitution of the Russian Federation

Federal Law “On Information, Informatization and Information Protection”

Federal laws “On funds mass media", "On participation in international information exchange", "On communications", "On federal government communications and information bodies"

Decrees of the President of the Russian Federation

Information Security Doctrine

Laws local authorities self-government

Decrees of various government agencies etc.

The following are distinguished: types of norms:

Material norms - consolidate the material, informational and legal content of the rights and obligations of participants in information relations.

Procedural rules - establish the order and operation of substantive law.

Binding norms - impose certain responsibilities, prescribe the participants in legal relations to perform certain actions.

Prohibitory norms - establish a ban on certain actions.

Enabling norms provide participants in information and legal relations with the opportunity to perform certain actions.

Elements of the IP norm:

Hypothesis - determines the conditions and circumstances under which information and legal relations may arise.

Disposition - a prescription on how legal entities and individuals should act in the information sphere, i.e. determines their rights and obligations.

Sanction - indicates the consequences of non-compliance with the IP norms that it contains and which arise from the actions of participants in information legal relations.

Crimes in the information sphere : Offense- legal fact (along with event and action), actions, contrary to norms rights (the antithesis of lawful behavior).

Offenses always involve a violation by a specific person(s) current norm(norms) of individual entrepreneurs and the rights of other subjects of information legal relations. Moreover, these violations are socially dangerous and can lead to difficulties, additional rights and obligations for certain subjects.

Signs, composition and characteristics of offenses in the information sphere : The most common offenses in the information sphere are misconduct (minor danger): disciplinary, administrative and civil law. The division is based on the types of social relations violated by the corresponding offenses, as well as the methods of applying sanctions for them.

Administrative offense- an unlawful guilty act encroaching on state or public order, property, rights and freedoms of citizens, the established order of government, for which the current legislation provides for administrative liability in the form of a fine, confiscation or warning. In this case, the offender does not have an employment or official relationship with the organization or officials who decide to apply sanctions to him.

Disciplinary offense - an offense committed by a person who, by virtue of his job responsibilities must comply with the rules establishing a particular mode of activity. Sanctions - remark. Reprimand, fine, etc.

Civil offenses are expressed in violation of the rules governing information-property relations and the interests of information departments, organizations, structures and firms. The leading principle of civil law is the requirement to fully compensate for losses caused by a civil offense.

The most serious offenses in the information sphere are crimes.

Crime in the Russian Federation, a socially dangerous act prohibited by the Criminal Code of the Russian Federation under threat of punishment is recognized as guilty. How special kind offenses crimes are characterized by the following features:

The social danger of a crime is expressed in the fact that it encroaches on the most significant public values ​​(in the information sphere - personal freedom, constitutional rights and freedoms).

The subject of a crime can only be individuals: citizens and officials. Government bodies, institutions, commercial and non-profit organizations are not subject to criminal liability. The perpetrators are responsible for their actions, on the initiative, under the leadership and with whose direct participation such actions were carried out.

An exhaustive list of acts recognized as a crime is contained in only one federal law- Criminal Code of the Russian Federation. New laws providing for criminal liability are adopted in the form of amendments or additions to the Criminal Code of the Russian Federation and are subject to inclusion in it.

Composition of an offense in the information sphere - totality characteristic features the offense in question, which are provided for by the relevant IP norms and characterize this offense as a socially dangerous, illegal and punishable phenomenon.

Consolidation of what has been learned

1. What offenses in the field of information technology do you know?

2. What is the system of information legislation of the Russian Federation?

3. What is called a crime?

4. What does information law study?

Posted on Allbest.ru

...

Similar documents

Features of ensuring information security in educational institutions depending on their type. Assessing Student Awareness different ages about the concept of "Information security". Component of information security for schoolchildren.

thesis, added 08/12/2017


Information security threats, concept, types. Internet threats for schoolchildren. Drawing up and implementation of a system of measures to prevent information security at school, including extracurricular activity on the topic "Internet Security".

thesis, added 08/12/2017


Analysis of the socio-pedagogical aspect of information security in a school setting. Readiness Study modern teacher for use educational resources Internet. Review practical advice on safety for children of different ages.

thesis, added 04/05/2012


School like pedagogical system and object scientific management. Methods of collecting, processing, storing information to improve the efficiency of intra-school management. Monitoring as a system for collecting, processing, storing information about the educational system.

course work, added 03/26/2011


Learning Information Literacy as a Foundation information activities students. Classification electronic means educational purpose. Recommendations for development multimedia presentation in order to develop information literacy of fifth graders.

thesis, added 08/23/2013


Information security as pedagogical problem. Features of development junior school student as a factor in the effectiveness of the formation of its information security. The main ways to solve the problem of information security for primary schoolchildren.

course work, added 06/02/2017


Characteristics of methods for obtaining retrospective information and organizing work in experimental groups. Features of collecting and processing current information in the theory of physical education. Teacher training And statistical methods data processing.

course work, added 10/21/2012


Information and analytical support for the school. Characteristic technological processes collection, transmission, processing and delivery of information. Modern information and communication technologies and their impact on the development of new opportunities in school management.

practice report, added 05/25/2014


Concepts of competence and competency in pedagogy. Characteristics, goals and objectives of developing information competence of students when studying general biological material. Development and testing of methods for developing information competence.

thesis, added 07/02/2011


The concept and structure of the information environment of society, patterns and directions of its development. Stages and principles of formation and formation information culture schoolchildren, factors influencing this process, its pedagogical conditions and prerequisites.

An offense is a legal fact (along with an event and an action), actions that contradict the rules of law (the antithesis of lawful behavior).

Offenses are always associated with a violation by a certain person (persons) of the current norm (norms) of the individual entrepreneur and the rights of other subjects of information legal relations. Moreover, these violations are socially dangerous and can lead to difficulties, additional rights and obligations for certain subjects.

The most common offenses in the information sphere are misdemeanors (minor danger): disciplinary, administrative and civil. The division is based on the types of social relations violated by the corresponding offenses, as well as the methods of applying sanctions for them.

An administrative offense is an unlawful guilty act that encroaches on state or public order, property, rights and freedoms of citizens, the established management procedure, for which the current legislation provides for administrative liability in the form of a fine, confiscation or warning. In this case, the offender does not have an employment or official relationship with the organization or officials who decide to apply sanctions to him.

A disciplinary offense is an offense committed by a person who, by virtue of his official duties, must comply with the rules establishing a particular mode of activity. Sanctions - remark. Reprimand, fine, etc.

Civil offenses are expressed in violation of the rules governing information-property relations and the interests of information departments, organizations, structures and firms. The leading principle of civil law is the requirement to fully compensate for losses caused by a civil offense.

The most serious offenses in the information sphere are crimes.

A crime in the Russian Federation is a socially dangerous act committed guilty of guilt, prohibited by the Criminal Code of the Russian Federation under threat of punishment. As a special type of offense, crimes are characterized by the following features:

The social danger of a crime is expressed in the fact that it encroaches on the most significant public values ​​(in the information sphere - personal freedom, constitutional rights and freedoms).

The subject of a crime can only be individuals: citizens and officials. State bodies, institutions, commercial and non-profit organizations are not held criminally liable. The perpetrators are responsible for their actions, on the initiative, under the leadership and with whose direct participation such actions were carried out.

An exhaustive list of acts recognized as a crime is contained in only one federal law - the Criminal Code of the Russian Federation. New laws providing for criminal liability are adopted in the form of amendments or additions to the Criminal Code of the Russian Federation and are subject to inclusion in it.

The elements of an offense in the information sphere are a set of characteristic features of the offense in question, which are provided for by the relevant IP norms and characterize this offense as a socially dangerous, illegal and punishable phenomenon.

1. legal liability for offenses in the information sphere

2. civil liability for offenses in the information sphere

3. administrative and legal liability for offenses in the information sphere

4. criminal liability for crimes in the information sphere

1. The concept of legal liability is one of the general theoretical ones and is applied in various branches of law.

Being one of the legal means that neutralizes the consequences of improper behavior of subjects acting as a violation of the rights and legitimate interests of other persons, legal liability acts as a reaction of the state to the commission of an offense. This reaction has an authoritative, coercive character, forcing the offender to endure unfavorable consequences for him in the form of deprivation of certain material or non-material benefits.

THUS, the content of legal responsibility acts as state-authoritative coercion, manifested in various forms. Legal liability for violation of legislation regulating relations in the information sphere has a number of specific features:

1) offenses that fall under the application of certain measures are always related to information

2) offenses can be considered as information-legal if their connection with information is not only direct, but also indirect by the presence of a material medium

Principles of legal liability:

1) principle of legality

2) principle of validity

3) principle of justice

4) the principle of inevitability of punishment

5) principle of expediency

State coercion is carried out by applying various measures of influence to the violator. The nature of these measures and the nature of the consequences of their application determine the sectoral affiliation of legal liability for offenses in the information sphere.

If the adverse consequences are of a property nature and are expressed in compensation for losses, payment of a penalty, civil liability occurs. If adverse consequences are expressed in sanctions provided for by administrative or criminal legislation, there is administrative or criminal liability.

2. Civil legal relations are characterized by equality of participants. This predetermines the features of civil liability. main feature– the presence of a proprietary nature of compulsory measures of influence on the offender. Compulsory civil measures of a property nature include:

1) measures related to compensation for losses

2) collection of penalties

3) compensation moral damage

The property costs of the offender resulting from the application of property measures must compensate for the property of the victim.

Measures of civil liability are provided for in the procedure and provisions of the Civil Code of the Republic of Belarus and information legislation, so according to paragraph 3 of Article 969 of the Civil Code of the Republic of Belarus, it determines that compensation for moral damage is carried out in cases where the harm was caused by the dissemination of information discrediting honor, dignity and business reputation. Compensation for moral damage is paid in cash and does not depend on the fault of causing the harm.

Civil liability for violations of information legislation can be divided into contractual and non-contractual. Contractual liability arises when the terms of the contract are violated, which provide for sanctions that are not directly provided for by law. Non-contractual liability arises when harm is caused to the victim or his property that is not related to the fulfillment of contractual obligations. An example of tort liability is measures to compensate for damage caused as a result of unreliable or insufficient information about a product (clause 3 of Article 965 of the Civil Code).

For civil liability to arise, specific grounds must exist. In the doctrine of civil law and on the basis of its philosophical views, the following facts can be identified that are part of the offense:

1) the illegality of a person’s behavior (actions or inactions of a person) for which liability is expected to be imposed

2) the victim suffered loss or harm (including moral)

3) availability causation between unlawful behavior and the resulting consequences in the form of loss or harm

4) the presence of guilt of the offender

The elements of a civil offense (tort) committed as a result of the illegal use of methods of obtaining can be found in any regime.

3. A person who has committed an administrative offense is subject to liability on the basis of the law in force at the time and place where the administrative offense was committed.

An administrative offense is an unlawful guilty act (action or inaction). Individuals or legal entities. For which the Code of Administrative Offenses carries such administrative responsibility.

The legislation of the Republic of Belarus provides for a significant list of administrative measures for which administrative responsibility is provided.

Administrative and legal sanctions related directly to information:

1) Article 9.6 – refusal of a government agency to provide information to a citizen

2) Article 22.7 – violation of information protection rules

3) Article 22.6 – unauthorized access to computer information

4) Article 22.10 – illegal denial of access to an archival document

5) Article 22.13 – illegal disclosure of commercial or other secrets

INFORMATION AND LEGAL SYSTEMS

organizationally ordered sets of documents of the legislation of the Russian Federation (arrays of such documents) and information technologies, including using means computer technology and communications that implement processes of information and legal support for all areas of activity (Federal Law No. 24-FZ of February 20, 1995 “On information, informatization and information protection.” The concept of legal informatization of Russia, approved by Decree of the President of the Russian Federation of June 28, 1993 No. 966, presidential program "Legal informatization of bodies state power Russian Federation", approved by Decree of the President of the Russian Federation of August 4, 1995 No. 808). Forms the Russian automated system of information and legal support for law-making and law-implementation activities, legal education and education (RASIPO), which serves government bodies of the Russian Federation. Among Russian reference information and legal systems, the following are widely known. as "Garant", "Kodeks", "Consultant Plus", "USIS". aimed at non-state structures and individuals.

The concept of information and legal systems

Legal information systems are special class computer databases, which has existed in Russia since 1990. Computer information legal system- This software package, which includes an array of legal information and software tools that allow a specialist to work with this array of information (search for specific documents or their fragments, create collections necessary documents, print information, etc.). Except regulatory documents, information and legal systems contain consultations of specialists in law and accounting, court decisions, standard forms business documents.

Legal information systems significantly make life easier for specialists (lawyers, accountants, managers), greatly increasing their productivity when solving legal issues.

Today in Russia there are the following main reference and legal systems:

There are international and federal documents, court decisions, financial consultations, texts of presidential decrees. Consists of one unified database

Consultant Plus

There are federal and international documents, court decisions, financial consultations. Consists of federal, regional and local database

The main difference is a large number of regulatory and technical documents - SNiP, GOST, RD, etc., the availability of specialized reference systems for various industries- construction, ecology, electric power, labor protection, etc. There are international and federal documents, court decisions, financial consultations, texts of presidential decrees

Referent

The youngest system on this market. Youth determines both advantages (a fresh approach, a modern interface, an attempt to use the analytical capabilities of computer-based document sorting) and disadvantages (a small array of documents, compared to the masters of this market).

A person who has committed an administrative offense is subject to liability on the basis of the law in force at the time and place of the administrative offense.

Administrative offense an unlawful, guilty action (inaction) of a physical or legal entity, for which administrative liability is established by the Code of the Russian Federation on Administrative Offenses or the laws of the constituent entities of the Russian Federation.

This type legal liability is of a public nature, since administrative punishment is a measure of responsibility established by the state for an offense committed and is applied in order to prevent the commission of new offenses, both by the offender himself and by other persons.

Administrative and legal sanctions, directly related to information, are defined in Chap. 13 “Administrative offenses in the field of communications and information” of the Code of Administrative Offenses of the Russian Federation, for example:

1. Art. 13.11. Violation of the procedure established by law for the collection, storage, use or dissemination of information about citizens (personal data).
2. Art. 13.12. Violation of information security rules.
3. Art. 13.13. Illegal activities in the field of information security.
4. Art. 13.14. Disclosure of information with limited access, etc.

Administrative and legal sanctions are established, in addition, Ch. 5 of the Code of Administrative Offenses “Administrative offenses encroaching on the rights of citizens” for violation of the constitutional rights of citizens in the information sphere (Article 29 of the Constitution of the Russian Federation).

For committing administrative offenses in the information sphere, the following types of administrative penalties are established and applied, as a rule:

• warning;
• administrative penalty;
• suspension of activities for a certain period;
• confiscation of the instrument or subject of an administrative offense.

Administrative and legal responsibility is built on the principles of guilt, existing in the form of intent and the form of negligence.

It is considered committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired the occurrence of such consequences or consciously allowed them, or was indifferent to them.

Administrative offense is recognized as committed by negligence if the person who committed it foresaw the possibility of the occurrence of harmful consequences of his action (inaction), but without sufficient grounds for this he arrogantly counted on preventing such consequences, or did not foresee the possibility of the occurrence of consequences, although he should have and could have foreseen them .

30. Criminal liability for crimes in the information sphere. Criminal liability in the information sphere may arise in cases provided for by the Criminal Code of the Russian Federation.

The consequences of the misuse of information can be very diverse - it is not only a violation of the integrity of intellectual property, but also disclosure of information about the private life of citizens, property damage in the form of direct losses and lost income, loss of the company’s reputation, different kinds violations of normal activity of the enterprise: industry, etc. Therefore, it is completely justified that crimes of this type are placed in section IX “Crimes against public safety and public order."

Thus, if we proceed from the doctrine of the four-tier structure of the object of a crime, the general object of computer crimes will be the totality of all social relations protected by criminal law: generic - public safety and public order and specific - the totality of social relations according to lawful and safe use information.

The direct object is interpreted based on the names and dispositions of specific articles.

Most often, the direct object of the main offense of a computer crime is formulated alternatively; in qualified offenses, their number naturally increases.

Almost all of the analyzed crimes relate to crimes of medium gravity, i.e. their maximum punishment in the form of imprisonment does not exceed 5 years. The only exception is the creation, use and distribution of malicious computer programs, which through negligence entailed a grave consequence, which is punishable by imprisonment for a term of 3 to 7 years and is therefore considered a serious crime.

When characterizing the objective side of the compounds under consideration, it is noted that most of them are constructively formulated as material, therefore they imply not only the commission of a socially dangerous act, but also the onset of socially dangerous consequences, as well as the establishment of a causal relationship between these two signs. However, by virtue of Part 2 of Art. 9 of the Criminal Code of the Russian Federation, the time of commission of each of these crimes will be recognized as the time of completion of the act, regardless of the time of onset of the consequences. Socially dangerous acts themselves most often appear here in the form of actions and only sometimes - as inaction. In one case, such a sign of the objective side of the crime, as the method of its commission, is formulated as a mandatory sign of the main and qualified elements. In the rest, it, as well as the time, place, setting, instruments, and means of committing a crime, can be taken into account by the court as mitigating or aggravating circumstances.

The dispositions of the articles in Chapter 28 are descriptive, often blanket or reference. So, to apply a number of them, you need to refer to Art. 35 of the Criminal Code, to the regulatory legal act on the protection of computer information, rules for operating computers, etc.

The sanctions are alternative, with the exception of two qualified sanctions, where, due to the severity of the consequences of the crime, they are “cut down” to relatively specific ones.

There are articles that are also used, in addition to Chapter 28, in judicial proceedings in cases of computer crimes, namely articles of Chapter 21 “Crimes against property” of the Criminal Code of the Russian Federation.

Article 138 “Violation of the confidentiality of correspondence, telephone conversations, postal, telegraph and other messages.” The punishment provides for worst case restriction of freedom for up to three years.

Article 158 "Theft". In the worst case, the punishment includes imprisonment for up to ten years with a fine.

Article 159 "Fraud". In the worst case, the punishment provides for imprisonment for a term of five to ten years with or without a fine.

Article 165 “Causing property damage by deception or abuse of trust.” The penalty is, in the worst case, imprisonment for up to five years with or without a fine.

31. Civil liability in the information sphere.

Civil legal relations are characterized by equality of participants. This predetermines the features of civil liability. The main feature is the presence of a property nature of compulsory measures of influence on the offender. Compulsory civil law measures of a property nature include:

1) measures related to compensation for losses

2) collection of penalties

3) compensation for moral damage

The property costs of the offender resulting from the application of property measures must compensate for the property of the victim.

Measures of civil liability are provided for in the procedure and provisions of the Civil Code of the Republic of Belarus and information legislation, so according to paragraph 3 of Article 969 of the Civil Code of the Republic of Belarus, it determines that compensation for moral damage is carried out in cases where the harm is caused by the dissemination of information discrediting honor, dignity and business reputation. Compensation for moral damage is paid in cash and does not depend on the fault of causing the harm.

Civil liability for violations of information legislation can be divided into contractual and non-contractual. Contractual liability arises when the terms of the contract are violated, which provide for sanctions that are not directly provided for by law. Non-contractual liability arises when harm is caused to the victim or his property that is not related to the fulfillment of contractual obligations. An example of tort liability is measures to compensate for damage caused as a result of unreliable or insufficient information about a product (clause 3 of Article 965 of the Civil Code).

For civil liability to arise, specific grounds must exist. In the doctrine of civil law and on the basis of its philosophical views, the following facts can be identified that are part of the offense:

1) the illegality of a person’s behavior (actions or inactions of a person) for which liability is expected to be imposed

2) the victim suffered loss or harm (including moral)

3) the presence of a causal connection between unlawful behavior and the resulting consequences in the form of loss or harm

4) the presence of guilt of the offender

The elements of a civil offense (tort) committed as a result of the illegal use of methods of obtaining can be found in any regime.

INTRODUCTION

At the heart of the activity information society are: information, information resources and information products. In this regard, the main purpose of information law, which is the legal foundation of society, is to regulate those relations that arise during the circulation of information.

Currently, in the period of advanced technologies, when information is the engine of society, it can pose a serious threat as to individuals and to an unlimited number of people. Therefore, information must be protected from unlawful infringement, illegal collection, storage, and circulation.

A detailed understanding of the rules of behavior and responsibility in legal relations, where one of the main elements is information, is given to us by the Legislation of the Russian Federation.

Crimes in the field of information technology are crimes committed by people using information technology for criminal purposes.

This work establishes the types of liability for offenses in the field of information. A presentation in Microsoft PowerPoint and drawings will also be developed using the KOMPAS GRAPHIC program.

1 TYPES OF LIABILITY FOR VIOLATION OF LAW IN THE INFORMATION SPHERE

1.1 Information technology crimes

Crimes in the field of information technology include the distribution of malicious viruses, hacking passwords, theft of credit card numbers, and the dissemination of illegal information (slander, pornographic materials, materials inciting interethnic and interreligious hatred, etc.) via the Internet.

In addition, one of the most dangerous and common crimes committed using the Internet is fraud. Yes, in a letter Federal Commission by market valuable papers dated January 20, 2000 N IB-02/229, it is indicated that investment Money in foreign stock markets using the Internet involves the risk of being involved in various kinds fraudulent schemes

Another example of fraud is online auctions, in which the sellers themselves bid to raise the price of the item being auctioned.

IN foreign countries, in particular the United States, scams related to the sale of domain names have become widespread: mass email messages are sent in which, for example, they report attempts by unknown persons to register domain names that are similar to the addresses of sites that belonged to the recipients and site owners are invited to register what they do not need Domain name to get ahead of these individuals. Thus, shortly after the terrorist attacks of September 11, 2001, the US Federal Trade Commission noted the mass sale of domain names of the non-existent “usa” zone.

In accordance with the current criminal legislation of the Russian Federation, crimes in the field of computer information are understood as those committed in the field of information processes and encroaching on information security acts the subject of which is information and computer facilities.

This group of attacks is an institution of a special part of the criminal legislation; liability for their commission is provided for in Chapter. 28 of the Criminal Code of the Russian Federation. The Criminal Code of the Russian Federation was first identified as an independent institution in 1996. and belongs to the sub-institute “Crimes against public safety and public order”. The specific object of the crimes under consideration are social relations related to the security of information and information processing systems using a computer.

According to the Criminal Code of the Russian Federation, crimes in the field of computer information are: unlawful access to computer information (Article 272 of the Criminal Code of the Russian Federation), creation, use and distribution of malicious programs for computers (Article 273 of the Criminal Code of the Russian Federation), violation of the rules for operating computers, computer systems or their networks (Article 274 of the Criminal Code of the Russian Federation).

The public danger of illegal actions in the field of electronic equipment and information technology is expressed in the fact that they can lead to disruption of activities automated systems management and control various objects, serious disruption of the operation of computers and their systems, unauthorized actions to destroy, modify, distort, copy information and information resources, other forms of illegal interference in information systems that can cause serious and irreversible consequences associated not only with property damage, but also with physical harm to people.

Unlawful access to computer information (Article 272 of the Criminal Code of the Russian Federation), as well as the creation, use and distribution of malicious programs for computers (Article 273 of the Criminal Code of the Russian Federation) are committed only through actions, while violation of the rules for operating a computer, computer system or their network (Article 274 of the Criminal Code of the Russian Federation) - through both actions and inaction.

Unlawful access to computer information and violation of established rules for the operation of computers, computer systems or their networks are formulated as crimes with a material element, and the creation or use of malicious programs for computers - with a formal element. As consequences in Art. 272 and 274 of the Criminal Code indicate: destruction, modification, blocking or copying of information, disruption of the operation of a computer or computer system, causing significant harm, etc.

In Russia, the fight against crimes in the field of information technology is carried out by the Directorate “K” of the Ministry of Internal Affairs of the Russian Federation and the departments “K” of regional departments of internal affairs.

1.2 Conditions of civil liability of Internet providers for violation of copyright and related rights

Using one or another search engine, you can find books, audio and video recordings and other objects of copyright or related rights on the Internet. Among them, a large number are objects placed without the consent of the copyright holder, in violation of his legitimate interests. Online stores offer to purchase illegal recordings of music and films much cheaper than sellers of similar legal products. It's even easier to download a digital copy using a file-sharing network. Such networks allow their users to exchange any files: music recordings, films, software, photographs and much more. Moreover, due to the peculiarities of the functioning of file-sharing networks, access to protected objects opens a large number users.

Illegal use of works and objects of related rights reduces the possibility of obtaining legal profit, and therefore copyright holders incur serious losses. Objects posted on the Internet can be reproduced many times without any financial cost. As a result of the increase in the number of pirated copies, the demand for legal products decreases.

Access to the Internet and transmission of information are provided using the services of providers (Internet service providers). Abroad, particularly in Europe, the UK and the US, copyright holders are increasingly demanding that providers be held accountable for unlawful use by their customers. Firstly, influencing the activities of the provider makes it possible to stop a large volume of violations and requires less costs than filing claims against individual violators - network users. Secondly, the provider has significant financial capacity to satisfy a potential recovery.

In accordance with current Law on copyright, it is possible to impose civil liability on the violator in the form of damages, payment of alternative compensation to losses, determined by the court within the limits established by law, as well as compensation for moral damage in the event of a violation of the personal non-property or property rights of authors or performers. Part four of the Civil Code of the Russian Federation also provides for the possibility of compensation for losses and contains a provision on the payment of compensation for violation exclusive rights, defined in the same way as enshrined in the Copyright Act. Compensation for moral damage is applied only in cases of violation of personal non-property rights. Article 1253 of Part Four of the Civil Code of the Russian Federation contains new normal, establishing liability for repeated or gross violations of exclusive rights. If the above violations are committed, the activities of a legal entity or individual entrepreneur may be terminated in court.
In addition, part four of the Civil Code of the Russian Federation establishes an additional measure of protection, which consists in the seizure by court decision and destruction at the expense of the violator of equipment, devices and materials primarily used or intended to violate exclusive rights. As we can see, the definition of things subject to seizure is quite broad. Moreover, if in the Copyright Law a similar measure was called confiscation, i.e. represented a measure of responsibility, in paragraph 5 of Art. 1252 parts of the fourth Civil Code of the Russian Federation we're talking about about seizure. With the entry into force of the new part of the Civil Code of the Russian Federation, changes to Art. 235 of the Civil Code of the Russian Federation, according to which the seizure of equipment, devices and materials primarily used or intended to violate exclusive rights is classified as an independent basis for termination of property rights, different from confiscation. The foregoing allows us to conclude that this measure is considered by the legislator as a measure of protection, and not as a measure of liability. Future practice will show how the above rule will be interpreted. It may be necessary to take into account differences in liability measures and protection measures when implementing it. The latter are applied regardless of the guilt of the offender. Unlike liability measures, protective measures are not associated with additional adverse property consequences for the offender.
When assigning liability, it is mandatory to establish the conditions necessary for its application. The conditions of civil liability include the elements of a civil offense. Identifying its presence is of fundamental importance for resolving the issue of the possibility of holding providers accountable for the illegal use of works or objects of related rights in computer networks. Basically, Internet service providers only create conditions in which it is possible to commit a violation. Direct actions for the illegal use of protected objects are carried out by persons using their services.