Computer Information Crimes and Other Cybercrimes: Comparative Legal Analysis of the Legislation of the BRICS Countries

Abstract

Modern society has witnessed the rapid pace at which the digital transformation is taking place in all public spheres without any exception. In parallel, there are obvious and dangerous processes of crime digitalization, with unprecedented growth rate of crimes committed using information and telecommunication technologies. With the development of information technology and the expansion of the digital space, the issues of security and combating crime related to computer information are becoming increasingly relevant. It is quite obvious that in such conditions, the state and law enforcement agencies should propose effective and coordinated criminal policy measures aimed at guarantying law and order and protecting the interests of individuals, society and states from new information and digital threats, which is impossible without fundamental legal research of the main reasons directly affecting various spheres of human activity, including the economy, politics, social relations, and security–the new legal institute of computer information. All BRICS member countries contribute to the development of modern legislation, relevant legal theory and practice forming national legal standards of criminal policy, which requires comparative legal research and a systematic, verified normative and technical approach. The integration processes taking place in the BRICS create conditions for the study, interpretation and modification of criminal law norms in Russian law, as well as prerequisites for the internationalization of law, closely related to its evolution. The article is a study aimed at trying to identify stable patterns, internal and external systemic relationships of the legal institute of computer information in criminal law as a complex, multidimensional and interdisciplinary phenomenon requiring high-quality scientific study and consistent regulation. This will create the basis for the development of effective proposals to improve legislation and measures aimed at ensuring information security and countering criminal activity in the information and telecommunications sector. In the study, various scientific methods have been used, dialectical, comparative legal, systemic structural among others. The materials for the study are based on the analysis of legislative acts of the BRICS countries, scientific publications and research of specialized organizations, investigative and judicial practice, as well as electronic resources and databases. An integrated approach made it possible to provide a comprehensive and in-depth study of the topic, taking into account both theoretical aspects and practical experience in countering crime in the field of computer information. The study of the best international practices of the legal regulation in the criminal law of the BRICS member states creates prerequisites for their implementation in Russian law and the development of scientifically justified proposals to improve Russian criminal policy and criminal legislation aimed at ensuring information security and countering criminal activity in the information and telecommunications environment.