2. Developing trends domestic legislation in the field of protection computer information And information resources, the legislator allocated a chapter in the criminal law on crimes in the field of computer information. This chapter opens with Article 272, which establishes criminal liability for one of the most common computer crimes - unauthorized access to legally protected computer information. Object of this crime are public relations in the field of ensuring the security of legally protected computer information.

3. To accurately qualify this crime, it is necessary to correctly establish its subject. Within the framework of the analyzed structure, the subject of the crime is computer information protected by law, that is, information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission. Therefore, in the case when, in the process of a crime, the perpetrator acts not on computer information, but, say, on technology as a hardware structure, then his act should be qualified under the relevant articles of Chapter 21 of the Special Part of the Criminal Code of the Russian Federation. So, for example, one should evaluate the behavior of a person who deliberately burns a microprocessor and secretly steals computer equipment.

The term “protected by law” used in the disposition of the analyzed article indicates that criminal law takes the totality under its protection public relations on the lawful and safe use of not any computer information, but only that which is protected by law. Legally protected computer information is information limited access, which has not only special legal status, but also intended for a limited circle of persons (users) who have the right to familiarize themselves with it.
Legally protected computer information may concern various aspects life activity of the individual, society and state. Article 9 Federal Law dated July 27, 2006 N 149-FZ “On information, information technology and on the protection of information" (as amended on April 6, 2011) determines that restrictions on access to information are established by federal laws in order to protect the fundamentals constitutional order, morality, health, rights and legitimate interests other persons, ensuring the country's defense and state security. Based on the categories of access established by this Law, information is divided into: 1) information freely disseminated; 2) information provided by agreement of persons participating in the relevant relationship; 3) information that, in accordance with federal laws, is subject to provision or distribution; 4) information, the dissemination of which is Russian Federation limited or prohibited.
Decree of the President of the Russian Federation of March 6, 1997 N 188 (as amended on September 23, 2005) was List approved information confidential, which included:
1. Information about facts, events and circumstances privacy citizen, allowing identification of his identity (personal data), with the exception of information subject to dissemination in the media mass media in cases established by federal laws.
2. Information constituting the secret of investigation and legal proceedings, as well as information about protected persons and measures of state protection carried out in accordance with Federal Law of August 20, 2004 N 119-FZ (as amended on November 30, 2011) “On state protection victims, witnesses and other participants in criminal proceedings" and other regulatory legal acts Russian Federation.
3. Service information, access to which is limited by authorities state power in accordance with Civil Code Russian Federation and federal laws (official secrets).
4. Information related to professional activity, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws (medical, notary, attorney-client privilege, the secret of correspondence, telephone conversations, postal items, telegraphic or other messages, and so on).
5. Information related to commercial activities, access to which is limited in accordance with the Civil Code of the Russian Federation and federal laws ( trade secret).
6. Information about the essence of the invention, utility model or industrial design before official publication information about them.
Information protection regime in relation to information related to state secret, is installed authorized bodies on the basis of the Law of the Russian Federation of July 21, 1993 N 5485-1 “On State Secrets” (as amended on November 8, 2011). Computer information that is an object copyright, also refers to information protected by law, speaking integral part guaranteed art. 44 of the Constitution of the Russian Federation freedom of literary, artistic, scientific, technical and other types of creativity. The Constitution of the Russian Federation provides for the protection of intellectual property by law. Therefore, unlawful access to such information entails liability under Art. 272 of the Criminal Code of the Russian Federation. Unauthorized access to computer information common use, that is, addressed to an unlimited number of persons, does not form signs of a crime, responsibility for the commission of which is provided for in Art. 272 of the Criminal Code of the Russian Federation.

4. In accordance with the note to the analyzed article, computer information is understood as information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission. The law does not disclose the content of such categories as means of storing, processing and transmitting computer information. Therefore, it makes sense to dwell on them in a little more detail.
The means of storing, processing and transmitting computer information should include all computer storage media, that is, technical means (a complex technical means), intended for recording, storing, processing, analyzing and transmitting computer information by the user. Computer storage media include, for example, magnetic disks, CDs, DVDs, BDs, hard disks(hard drive), as well as flash cards, etc. Information storage devices include RAM, cache memory, CMOS memory, BIOS.
The means of storing, processing and transmitting computer information is, of course, electronic Calculating machine(computer), which is understood as a set of technical means designed for automatic processing of information in the process of solving computational and information problems. One of the most common types of computers is the personal computer.
Information and telecommunication networks are also a means of storing, processing and transmitting computer information, that is, technological systems, intended for transmitting information over communication lines, accessed using computer technology.

5. From the objective side, the crime provided for in Part 1 of Art. 272 of the Criminal Code of the Russian Federation, is expressed in unlawful ( contrary to law or other regulatory act) access to computer information.
Methods of unlawful access to computer information can be very diverse and, as a rule, do not affect the legal assessment of the behavior of the guilty person. For example, connecting to a computer connected to the telephone network by automatically searching subscriber numbers(infiltration into someone else's information system by "guessing the code"), using someone else's name (password), using an error in the logic of program construction or causing connection errors, identifying weak points in defense automated systems(hacking of a security system), reading information from a computer after it has finished working (“garbage collection”) or following a legitimate user, etc.
If a person has unlawful access to computer information, combined with the use of violence (for example, forces a user to enter an information system by causing harm to his health), then the act is classified as a set of crimes providing for liability for a crime against the person and unlawful access to computer information.

6. Due to the special specifics of the crime in question, the instrument of its commission, as a rule, is computer equipment, that is different kinds electronic computers, hardware, peripherals, as well as communication lines connecting computer technology in information networks.

7. The current criminal legislation does not distinguish qualified trains crimes based on the use of computer equipment. Therefore, in cases where unlawful access to computer information is a way of committing another intentional crime, and the computer technology itself is used as a tool to achieve a criminal goal, the act is classified as a set of crimes. So, if a person, with the aim of stealing someone else’s property, deciphered the code that controls electronic system bank, and entered the command via computer to transfer cash to his current account, then the actions of such a person must be qualified in conjunction with a crime against property.

8. The corpus delicti is material. The crime is considered completed from the moment of occurrence of at least one of the alternatives listed in the disposition of Part 1 of Art. 272 of the Criminal Code of the Russian Federation consequences: destruction, blocking, modification or copying of computer information.
It follows from this that a mandatory feature of the objective side of the crime is a causal connection between the actions of a person, consisting of unlawful access to computer information, and the events that occurred. harmful consequences, directly indicated in the disposition of the article. If the destruction, blocking, modification or copying of information was not a consequence of unlawful access to computer information, but was the result of other activities of the perpetrator, then the corpus delicti provided for in the commented article is absent.
However, we must not forget that a person’s act may contain signs of another crime. If, for example, we assume that the reason for the destruction of information was a violation of the rules for operating means of storing, processing or transmitting protected computer information, committed by the computer operator, then the act of the perpetrator, provided it caused major damage must be qualified according to the relevant part of Art. 274 of the Criminal Code of the Russian Federation.
In case of suppression of a crime before the actual occurrence of the consequences specified in the article of the law, the act should be considered as an attempt on unlawful access to computer information.

9. Destruction is the complete or partial removal of information from computer storage media. The ability to restore destroyed information using tools software is not a basis for releasing the perpetrator from liability, except in cases expressly established current law(Articles 75, 76 of the Criminal Code of the Russian Federation).
Blocking is the closure of information, characterized by the inaccessibility of its use for its intended purpose to the user.
Modification is the processing of original information, including any changes that do not change the essence of the object. For example, translating a computer program or database from one language to another, restructuring or reorganizing a database, deleting or adding records contained in files, etc.
Copying - transferring information or part of information from one physical media another. For example, recording information into computer memory.

10. The subject of the main crime is a natural and sane person who has reached the age of criminal activity sixteen years of age and not, due to the nature of the work performed, authorized to access a computer, computer system or their network.
If unauthorized access to computer information was committed by a representative legal entity, then the immediate executor is liable.

11. Despite the fact that the disposition of the article in question does not provide direct instructions regarding the subjective side of the crime, we can confidently speak about the intentional form of guilt in the form of direct or indirect intent.
The motives and purposes of unauthorized access to computer information can be very diverse. The crime being analyzed can be committed out of revenge, envy, hooliganism, “sporting interest,” or a desire to undermine business reputation competitor, etc. Required features they do not constitute a crime and, therefore, are not decisive for qualification. Meanwhile, their exact establishment will make it possible not only to identify the reasons that prompted a person to commit such a crime, but also to assign him a fair punishment.

12. To the qualifying characteristics named in Part 2 of Art. 272 of the Criminal Code of the Russian Federation, refers to the commission of this crime with the infliction of large damage or out of selfish interest.
In accordance with the note to Art. 272 of the Criminal Code of the Russian Federation, damage is considered major if its amount exceeds one million rubles. On the qualitative side, damage can be expressed both in direct property losses of the information owner (for example, costs associated with restoring destroyed or modified software) and in lost profits (for example, lost profit as a result of disorganization production process specific enterprise).
Self-interest when committing this crime, it is expressed in the person’s desire to extract material benefit from a crime for oneself or other persons. Unlawful access to legally protected computer information should also be recognized as mercenary. perfect person for hire, that is, for remuneration.

13. Part 3 art. 272 of the Criminal Code of the Russian Federation provides for three particularly qualifying criteria. Illegal access to legally protected computer information, committed by: a group of persons under prior agreement; organized group; face using your official position.

Unlawful access to computer information is recognized as committed by a group of persons by prior conspiracy if it involved persons who had agreed in advance to jointly commit this crime (see Art.

[Criminal Code of the Russian Federation] [Chapter 28] [Article 272]

1. Unlawful access to computer information protected by law, if this act entailed the destruction, blocking, modification or copying of computer information, -

shall be punishable by a fine in the amount of up to two hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to eighteen months, or correctional labor for a term of up to one year, or by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

2. The same act, which caused major damage or was committed out of selfish interest, -

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by correctional labor for a term of one to two years, or by restriction of liberty for a term of up to four years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for the same term.

3. Acts, provided for in parts first or second of this article committed by a group of persons by prior conspiracy or by an organized group or by a person using his official position, -

shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years with deprivation of the right to occupy certain positions or study certain activities for a term of up to three years, or restriction of liberty for a term of up to four years, or forced labor for a term of up to five years, or imprisonment for the same term.

4. Acts provided for in parts one, two or three of this article, if they entailed grave consequences or created a threat of their occurrence, -

shall be punishable by imprisonment for a term of up to seven years.

Notes 1. Computer information means information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission.

2. In the articles of this chapter, major damage is considered to be damage the amount of which exceeds one million rubles.

3 comments on the entry “Article 272 of the Criminal Code of the Russian Federation. Unauthorized access to computer information”

Article 272. Illegal access to computer information

Commentary on Article 272

1. Federal Law of December 7, 2011 N 420-FZ “On Amendments to the Criminal Code of the Russian Federation and certain legislative acts Russian Federation" the elements of crimes provided for in the commented chapter are set out in new edition. These changes are due to several circumstances. First of all, the rapid development of information and communication technologies leads to significant modifications of the conceptual apparatus, and the criminal law must fully reflect the current realities. In addition, the increase in both the number and types of crimes in the field of computer information dictates the need to clarify the objective side of the elements of the corresponding crimes in the criminal law, as well as differentiation criminal liability guilty persons.
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NW RF. 2011. N 50. Art. 7362.

Introduction of automatic information systems and technologies for managing and processing information, giving legal force acts carried out with the help of computer programs have created the preconditions for the use of these processes to commit criminal acts, and, consequently, the need to strengthen their protection, including by criminal legal methods. The danger of crimes in the field of computer information is that the destruction, blocking, modification of information important for actions related to the control sensors of complex computer systems for defense, industrial, economic, banking and other purposes can lead to the death of people, cause harm to their health, destroy property, cause large-scale economic damage. Taking these circumstances into account, the legislator attributed Ch. 28 “Crimes in the field of computer information” to section. IX Criminal Code “Crimes against public safety And public order».
2. Improving the security of the functioning of information and telecommunication systems is critical important objects infrastructure and facilities increased danger in the Russian Federation, increasing the level of security of corporate and individual information systems is important components national security countries (see Decree of the President of the Russian Federation dated May 12, 2009 N 537 “On the national security strategy of the Russian Federation until 2020”).
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NW RF. 2009. N 20. Art. 2444.

3. In note. 1 to the commented article gives the concept of computer information, which is understood as information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission. Human activity in the field of computer information and information technology is of a specific nature, and these technologies themselves, information and telecommunication networks, including the Internet, are developing very dynamically. The terminology used in them is technical nature, many concepts are defined and disclosed in industry and special regulations. Basic in this sense is the Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection” (as amended on July 28, 2012). This Law defines information as information (messages, data) regardless of the form in which it is provided. Computer information (one of the types of information) in the commented article is defined as information on computer media, in an electronic computer, computer system or their network. For example, a computer can include not only a computer ( personal computer), but also other devices that respond special requirements, For example cellular telephone, cash register, car on-board computer, ATM. To classify a specific device as a computer, a computer network or computer system is required special knowledge. Therefore, the courts in necessary cases appropriate examinations should be carried out.
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NW RF. 2006. N 31 (part 1). Art. 3448; 2010. N 31. Art. 4196; 2011. N 15. Art. 2038; RG. 2011. N 161; 2012. N 172.

4. The objective side of the crime provided for in the commented article is unlawful access to computer information protected by law. Access to computer information means obtaining the opportunity to familiarize yourself with and (or) use computer information. Access is in the nature of commission certain actions and can be expressed in penetration into a computer system through the use of special technical or software tools to overcome installed systems protection, illegal use of valid passwords or codes to penetrate a computer, or performing other actions in order to penetrate a system or network under the guise of a legitimate user. Access to computer information by a person who does not have the rights to receive and work with this information or computer system, in respect of which it is accepted special measures protections that limit the circle of persons who have access to it. Information protected by law means information for which special mode her legal protection, for example, state, official and commercial secrets, personal data, copyright objects and related rights.
5. This crime is material character and presupposes the mandatory occurrence of one or more consequences specified in the law: destruction of information - bringing it completely or in a significant part to a state unsuitable for its intended use; blocking information - creating conditions for its inaccessibility, impossibility of its proper use; modification (processing) of information - any changes to computer information, including changes to programs, databases, text information located on a tangible medium; copying information - illegal transfer of information to another material carrier. It is important to establish causation between unauthorized access and the onset of consequences. This crime is considered completed at the moment the consequences provided for in the commented article occur.
For example, according to the verdict of Tyumensky regional court S. was convicted under Art. 290 (part 4, paragraph “a”) and art. 272 (part 2) of the Criminal Code. His actions were expressed in the fact that he, being the administrator of an automated information retrieval system (AIRS), as a software engineer of the regional department information support, endowed with the highest level of access to the Network, carried out the illegal destruction of legally protected official information about crimes committed by nearby persons administrative offenses and depriving them of the right to manage vehicles. The court rightfully indicated that the information contained in the AIPS “ Administrative practice", refers to proprietary information, and access to it is given to a limited number of employees based on the level of access in connection with the password, and S. was given the most high level access and could make changes, delete information without recording the operation performed anywhere and did this at the request of V., who received bribes from these individuals for deleting information about the crimes committed by them administrative violations(cm. cassation ruling Judicial Collegium on criminal cases of the Armed Forces of the Russian Federation dated January 30, 2009 N 89-008-88).
6. Subjective side This crime is characterized by a deliberate form of guilt in relation to the actions performed. At the same time, in relation to the occurrence of the consequences specified in the law, a careless form of guilt is also possible. Criminal liability for such consequences occurs if a person foresaw the possibility of their occurrence, but without sufficient grounds, arrogantly counted on their prevention, or if the person did not foresee, but should have and could have foreseen the possibility of these consequences occurring.
For example, according to the verdict of Samarsky district court Samara on October 4, 2002. Z. was convicted under Part 1 of Art. 165 and part 1 of Art. 272 of the Criminal Code. The court of first instance found him guilty of causing property damage the owner by deception in the absence of signs of theft, as well as in unlawful access to computer information, in the fact that he, by deception, without paying for services to the owner, used computer information in computer network. In his supervisory complaint he argued that his guilt had not been proven, since he, having paid the convicted person this case K. money for using the Internet, considered himself a conscientious user.
By the ruling of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation, issued in accordance with the procedure judicial supervision, the court decisions taken in the case were overturned and the case was dismissed due to the lack of corpus delicti in Z.’s actions on the following grounds. K., convicted in this case, consistently confirmed that it was he who suggested Z. to connect them personal computers to the Internet, explaining that using the network costs 400 rubles. Z. gave him the money. At the same time, as K. testified, he took passwords and logins first from T., and then from M. and entered them into Z.’s computer; witnesses T. and M. specified circumstances also confirmed. These data indicated the unfoundedness court decisions with the conclusion that Z. deliberately illegally used the Internet (determination of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation dated November 16, 2006 N 46-D06-54).
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BVS RF. 2007. N 4. P. 28.

7. The subject of this crime is any sane individual who have reached the age of 16.
8. Federal Law dated December 7, 2011 N 420-FZ, the commented article was supplemented in Part 2 with new qualifying criteria - the commission of an act provided for in Part 1 of the commented article, which caused major damage or was committed out of selfish interest. The concept of major damage is given in the note. 2 to the commented article. Major damage in the articles of this chapter is considered to be damage the amount of which exceeds 1 million rubles. Selfish interest as a qualifying feature in the articles of Ch. 28 is unlikely to differ from a similar feature in relation to other articles of the Criminal Code and represents the desire of a person to obtain benefits for himself or other persons by performing the actions specified in Part 1 of this article property nature, not related to the illegal gratuitous circulation of property for one’s own benefit or for the benefit of others.
9. Part 3 of the commented article provides for the following qualifying criteria of this composition crime - the commission of a crime: a) by a group of persons by prior conspiracy; b) an organized group; c) using his official position. The content of these qualifying features corresponds to the content of similar features of previously considered crimes.
IN judicial practice Questions arise regarding the delimitation of unlawful access to computer information from other elements of crime, for example, violation of copyright and related rights (Article 146 of the Criminal Code). In some cases, the perpetrator gains access to a computer program that is the subject of copyright and uses it to his advantage. Meanwhile, these crimes have a number of significant differences. The object of the crime provided for in the commented article is the security of computer information. Violation of copyright and related rights infringes on intellectual property. The subject of the first of these crimes is computer information protected by law. The subject of the latter is only copyrighted objects, in particular computer programs and databases. Objective side violation of copyright and related rights as required feature includes offensive social dangerous consequences in the form of causing major damage to the author of the copyrighted object in the form of lost profits or moral damage. The specified sign is not mandatory to bring the perpetrator to criminal liability under the commented article. Violation of copyright and related rights is associated either with appropriation of authorship, or with illegal use objects of copyright. If there is unauthorized access to computer information, it further use not necessarily guilty. At the same time, situations are possible when the culprit, wanting to appropriate the rights of the author, copies computer program and illegally uses reproduced copies in his for criminal purposes. In this case, what the perpetrator did is subject to qualification under the totality of Art. 146 of the Criminal Code and the commented article, if the author of the program suffered major damage.

Article 272. Illegal access to computer information

Commentary on Article 272

1. B modern Russia computerization, like many other phenomena related to scientific and technological progress, becomes necessary element in all spheres of human life. However, the creation of the latest information technologies has led not only to the development of positive trends, but also whole line negative problems. In particular, acts related to the violation of public relations in the sphere of production, use, distribution and protection of computer information have become a very serious threat. Often these acts created favorable conditions for the commission of crimes such as fraud, tax evasion, copyright infringement, etc.
2. Developing trends in domestic legislation in the field of protecting computer information and information resources, the legislator has allocated a chapter in the criminal law on crimes in the field of computer information. This chapter opens with Article 272, which establishes criminal liability for one of the most common computer crimes—illegal access to legally protected computer information. The object of this crime is public relations in the field of ensuring the security of computer information protected by law.
3. To accurately qualify this crime, it is necessary to correctly establish its subject. Within the framework of the analyzed structure, the subject of the crime is computer information protected by law, that is, information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission. Therefore, in the case when, in the process of a crime, the perpetrator acts not on computer information, but, say, on technology as a hardware structure, then his act should be qualified under the relevant articles of Chapter 21 of the Special Part of the Criminal Code of the Russian Federation. So, for example, according to Art. 167 of the Criminal Code of the Russian Federation, the behavior of a person who deliberately burns a microprocessor should be assessed, and under Art. 158 of the Criminal Code of the Russian Federation - who secretly stole computer equipment.
The term “protected by law” used in the disposition of the analyzed article indicates that criminal law takes under its protection the totality of social relations for the lawful and safe use of not any computer information, but only that which is protected by law. Computer information protected by law is restricted access information that not only has a special legal status, but is also intended for a limited circle of persons (users) who have the right to familiarize themselves with it.
Computer information protected by law may relate to various aspects of the life of an individual, society and the state. Article 9 of the Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection” (as amended on April 6, 2011) determines that restrictions on access to information are established by federal laws in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and state security. Based on the categories of access established by this Law, information is divided into: 1) information freely disseminated; 2) information provided by agreement of persons participating in the relevant relationship; 3) information that, in accordance with federal laws, is subject to provision or distribution; 4) information the distribution of which is restricted or prohibited in the Russian Federation.
Decree of the President of the Russian Federation dated March 6, 1997 N 188 (as amended on September 23, 2005) approved the List of confidential information, which included:
1. Information about the facts, events and circumstances of a citizen’s private life, allowing his personality to be identified (personal data), with the exception of information that is subject to dissemination in the media in cases established by federal laws.
2. Information constituting the secret of investigation and legal proceedings, as well as information about protected persons and measures of state protection carried out in accordance with Federal Law of August 20, 2004 N 119-FZ (as amended on November 30, 2011) “On State Protection of Victims” , witnesses and other participants in criminal proceedings" and other regulatory legal acts of the Russian Federation.
3. Official information, access to which is limited by government authorities in accordance with the Civil Code of the Russian Federation and federal laws (official secrets).
4. Information related to professional activities, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws (medical, notarial, attorney-client confidentiality, confidentiality of correspondence, telephone conversations, postal items, telegraphic or other messages, and so on).
5. Information related to commercial activities, access to which is limited in accordance with the Civil Code of the Russian Federation and federal laws (trade secrets).
6. Information about the essence of the invention, utility model or industrial design before the official publication of information about them.
The information protection regime in relation to information classified as state secrets is established by authorized bodies on the basis of the Law of the Russian Federation of July 21, 1993 N 5485-1 “On State Secrets” (as amended on November 8, 2011). Computer information that is the subject of copyright also refers to information protected by law, being an integral part of the guaranteed Art. 44 of the Constitution of the Russian Federation freedom of literary, artistic, scientific, technical and other types of creativity. The Constitution of the Russian Federation provides for the protection of intellectual property by law. Therefore, unlawful access to such information entails liability under Art. 272 of the Criminal Code of the Russian Federation. Unlawful access to public computer information, that is, addressed to an unlimited number of persons, does not constitute signs of a crime, the liability for which is provided for in Art. 272 of the Criminal Code of the Russian Federation.
4. In accordance with the note to the analyzed article, computer information is understood as information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission. The law does not disclose the content of such categories as means of storing, processing and transmitting computer information. Therefore, it makes sense to dwell on them in a little more detail.
The means of storing, processing and transmitting computer information should include all computer storage media, that is, technical means (a set of technical means) intended for recording, storing, processing, analyzing and transmitting computer information by the user. Machine storage media include, for example, magnetic disks, CDs, DVDs, BDs, hard drives (hard drives), as well as flash cards, etc. Information storage devices also include RAM, cache memory, CMOS memory, BIOS .
The means of storing, processing and transmitting computer information is, of course, an electronic computer (computer), which is understood as a set of technical means designed for automatic processing of information in the process of solving computing and information problems. One of the most common types of computers is the personal computer.
Information and telecommunication networks are also a means of storing, processing and transmitting computer information, that is, technological systems designed to transmit information via communication lines, accessed using computer technology.
5. From the objective side, the crime provided for in Part 1 of Art. 272 of the Criminal Code of the Russian Federation, is expressed in unlawful (contrary to the law or other regulatory act) access to computer information.
Methods of unlawful access to computer information can be very diverse and, as a rule, do not affect the legal assessment of the behavior of the guilty person. For example, connecting to a computer connected to the telephone network by automatically enumerating subscriber numbers (infiltration into someone else’s information system by “guessing the code”), using someone else’s name (password), using an error in the logic of program construction or causing connection errors, identifying weak points in the protection of automated systems (hacking the security system), reading information from a computer after finishing its work (“garbage collection”) or following a legitimate user, etc.
If a person has unlawful access to computer information, combined with the use of violence (for example, forces a user to enter an information system by causing harm to his health), then the act is classified as a set of crimes providing for liability for a crime against the person and unlawful access to computer information.
6. Due to the special specifics of the crime in question, the instrument of its commission, as a rule, is computer equipment, that is, various types of electronic computers, hardware, peripheral devices, as well as communication lines connecting computer equipment into information networks.
7. The current criminal legislation does not distinguish qualified crimes based on the use of computer equipment. Therefore, in cases where unlawful access to computer information is a method of committing another intentional crime, and computer technology itself is used as a weapon to achieve a criminal goal, the act is classified as a set of crimes. Thus, if a person, with the aim of stealing someone else’s property, deciphered the code that controls the bank’s electronic system and entered a command via a computer to transfer funds to his current account, then the actions of such a person must be qualified in conjunction with a crime against property.
8. The corpus delicti is material. The crime is considered completed from the moment of occurrence of at least one of the alternatives listed in the disposition of Part 1 of Art. 272 of the Criminal Code of the Russian Federation consequences: destruction, blocking, modification or copying of computer information.
It follows from this that a mandatory feature of the objective side of the crime is a causal connection between the actions of a person, consisting of unlawful access to computer information, and the harmful consequences that have occurred, directly indicated in the disposition of the article. If the destruction, blocking, modification or copying of information was not a consequence of unlawful access to computer information, but was the result of other activities of the perpetrator, then the corpus delicti provided for in the commented article is absent.
However, we must not forget that a person’s act may contain signs of another crime. If, for example, we assume that the reason for the destruction of information was a violation of the rules for operating means of storing, processing or transmitting protected computer information committed by the computer operator, then the act of the perpetrator, provided that large damage was caused, should be qualified under the relevant part of Art. 274 of the Criminal Code of the Russian Federation.
In case of suppression of a crime before the actual occurrence of the consequences specified in the article of the law, the act should be considered as an attempt on unlawful access to computer information.
9. Destruction is the complete or partial removal of information from computer storage media. The ability to restore destroyed information using software is not a basis for releasing the perpetrator from liability, except in cases expressly established by the current law (Articles 75, 76 of the Criminal Code of the Russian Federation).
Blocking is the closure of information, characterized by the inaccessibility of its use for its intended purpose to the user.
Modification is the processing of original information, including any changes that do not change the essence of the object. For example, translating a computer program or database from one language to another, restructuring or reorganizing a database, deleting or adding records contained in files, etc.
Copying is the transfer of information or part of information from one physical medium to another. For example, recording information into computer memory.
10. The subject of the main element of the crime is a natural and sane person who has reached the age of sixteen at the time of the criminal activity and who, due to the nature of the work performed, is not endowed with the authority to access a computer, a computer system or their network.
If unlawful access to computer information was committed by a representative of a legal entity, then its immediate executor is liable.
11. Despite the fact that the disposition of the article in question does not provide direct instructions regarding the subjective side of the crime, we can confidently speak about the intentional form of guilt in the form of direct or indirect intent.
The motives and purposes of unauthorized access to computer information can be very diverse. The crime under analysis can be committed out of revenge, envy, hooliganism, “sports interest,” the desire to undermine the business reputation of a competitor, etc. They are not mandatory elements of a crime and, therefore, are not decisive for qualification. Meanwhile, their exact establishment will make it possible not only to identify the reasons that prompted a person to commit such a crime, but also to assign him a fair punishment.
12. To the qualifying characteristics named in Part 2 of Art. 272 of the Criminal Code of the Russian Federation, refers to the commission of this crime with the infliction of large damage or out of selfish interest.
In accordance with the note to Art. 272 of the Criminal Code of the Russian Federation, damage is considered major if its amount exceeds one million rubles. On the qualitative side, damage can be expressed both in direct property losses of the information owner (for example, costs associated with restoring destroyed or modified software) and in lost profits (for example, lost profit as a result of disorganization of the production process of a particular enterprise).
Selfish interest in the commission of this crime is expressed in the desire of a person to obtain material benefit from the crime for himself or herself or other persons. Unlawful access to legally protected computer information committed by a person for hire, that is, for remuneration, should also be recognized as mercenary.
13. Part 3 art. 272 of the Criminal Code of the Russian Federation provides for three particularly qualifying criteria. Unlawful access to computer information protected by law, committed: by a group of persons by prior conspiracy; organized group; by a person using his official position.
Unlawful access to computer information is recognized as committed by a group of persons by prior conspiracy if it involved persons who had agreed in advance to jointly commit this crime (see commentary to Part 2 of Article 35 of the Criminal Code of the Russian Federation). The principle should be considered that each of the criminals forming the specified group of persons must play the role of a co-principal. If there is one perpetrator and there are no other qualifying signs of this crime, the actions of the remaining accomplices must be assessed under Part 1 of Art. 272 and the corresponding part of Art. 33 of the Criminal Code of the Russian Federation.
Illegal access to computer information is recognized as committed by an organized group if it is committed stable group persons who united in advance to commit one or more crimes (see commentary to Part 3 of Article 35 of the Criminal Code of the Russian Federation).
The use of one's official position presupposes access to legally protected computer information due to the official position held by the offender. This sign will also be present when the actions of a person, although they were within the limits of his official competence, were carried out in clear violation of the procedure for carrying out his duties. functional responsibilities, established by law or other regulatory act. This list should also include persons who have access to legally protected computer information, i.e. legal users (operators servicing computer equipment, programmers, engineers, equipment adjusters). In this case, unlawful access to computer information is carried out by a person exceeding his competence, specifically stipulated by law, labor agreement or other regulatory act.
14. Part 4 art. 272 of the Criminal Code of the Russian Federation provides for two particularly qualifying criteria. Unlawful access to legally protected computer information, if such actions resulted in grave consequences or created the threat of their occurrence.
The concept of “grave consequences” is evaluative. In practice, these include: causing death or grievous harm human health; causing moderate severity harm to health of two or more persons; massive causing lung harm to human health; the occurrence of environmental disasters, transport or industrial accidents resulting in a long stoppage of transport or production processes; disorganization of the work of a particular enterprise; causing particularly large damage, etc.
It seems that the specificity of this qualified type of crime provided for in Part 4 of Art. 272 of the Criminal Code of the Russian Federation, is that it is committed with two forms of guilt, that is, it is characterized by intent regarding the fact of unlawful access to computer information protected by law and negligence (frivolity or negligence) regarding the occurrence of serious consequences. This means that causing grave consequences is not covered by the intent of the perpetrator. However, he foresees the possibility of their occurrence, but without sufficient grounds for this, he arrogantly hopes to prevent them, or does not foresee, although he should and could have foreseen the possibility of grave consequences.
If a person, through unlawful access to legally protected computer information, wanted to achieve a certain grave consequence, then such actions must be qualified in conjunction with the relevant articles of the Criminal Code of the Russian Federation.
It should be noted that the crime provided for in Part 4 of Art. 272 of the Criminal Code of the Russian Federation, will occur not only when serious consequences actually occur, but also when there is a threat of their occurrence. In this case, the threat of grave consequences will be considered created if it was real and grave consequences did not occur only as a result of circumstances independent of the will of the perpetrator, or due to timely measures taken.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

1. Unlawful access to computer information protected by law, if this act entailed the destruction, blocking, modification or copying of computer information -
   shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to one year, or by restriction of liberty for a term of up to two years, or by forced labor for a term of up to two years, or imprisonment for the same period.
2. The same act that caused major damage or was committed out of selfish interest -
   shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by correctional labor for a term of one to two years, or by restriction of liberty for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same period.
   (as amended by Federal Law dated June 28, 2014 N 195-FZ)
3. Acts provided for in parts one or two of this article, committed by a group of persons by prior conspiracy or by an organized group or by a person using his official position, -
   shall be punishable by a fine in the amount of up to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by restriction of freedom for a term of up to four years, or by forced labor. for a term of up to five years, or imprisonment for the same term.
4. Acts provided for in parts one, two or three of this article, if they entailed grave consequences or created a threat of their occurrence, -
   shall be punishable by imprisonment for a term of up to seven years.
   Notes 1. Computer information means information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission.
   2. In the articles of this chapter, major damage is considered to be damage the amount of which exceeds one million rubles.

Commentary on Article 272 of the Criminal Code of the Russian Federation

1. Federal Law of December 7, 2011 N 420-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”<1>the elements of crimes provided for in the commented chapter are set out in the new edition. These changes are due to several circumstances. First of all, the rapid development of information and communication technologies leads to significant modifications of the conceptual apparatus, and the criminal law must fully reflect the current realities. In addition, the increase in both the number and types of crimes in the field of computer information dictates the need to clarify the objective side of the elements of the relevant crimes in the criminal law, as well as differentiate the criminal liability of the perpetrators.
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<1>NW RF. 2011. N 50. Art. 7362.

The introduction of automatic information systems and technologies for managing and processing information, giving legal force to acts carried out using computer programs, created the preconditions for the use of these processes to commit criminal acts, and, consequently, the need to strengthen their protection, including by criminal law methods. The danger of crimes in the field of computer information is that the destruction, blocking, modification of information important for actions related to the control sensors of complex computer systems for defense, industrial, economic, banking and other purposes can lead to the death of people, cause harm to their health, destroy property, cause large-scale economic damage. Taking these circumstances into account, the legislator attributed Ch. 28 “Crimes in the field of computer information” to section. IX Criminal Code “Crimes against public safety and public order.”
2. Improving the security of the functioning of information and telecommunication systems of critical infrastructure facilities and high-risk facilities in the Russian Federation, increasing the level of security of corporate and individual information systems are important components of the country’s national security (see Decree of the President of the Russian Federation dated May 12, 2009 N 537 “On National Security Strategy of the Russian Federation until 2020"<1>).
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<1>NW RF. 2009. N 20. Art. 2444.

3. In note. 1 to the commented article gives the concept of computer information, which is understood as information (messages, data) presented in the form of electrical signals, regardless of the means of their storage, processing and transmission. Human activity in the field of computer information and information technology is of a specific nature, and these technologies themselves, information and telecommunication networks, including the Internet, are developing very dynamically. The terminology used in them is of a technical nature; many concepts are defined and disclosed in industry and special regulations. Basic in this sense is the Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection” (as amended on July 28, 2012)<1>. This Law defines information as information (messages, data) regardless of the form in which it is provided. Computer information (one of the types of information) in the commented article is defined as information on computer media, in an electronic computer, computer system or their network. For example, a computer can include not only a computer (personal computer), but also other devices that meet special requirements, for example, a cell phone, a cash register, an on-board computer of a car, an ATM. To classify a specific device as a computer, computer network or computer system, special knowledge is required. Therefore, courts should conduct appropriate examinations when necessary.
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<1>NW RF. 2006. N 31 (part 1). Art. 3448; 2010. N 31. Art. 4196; 2011. N 15. Art. 2038; RG. 2011. N 161; 2012. N 172.

4. The objective side of the crime provided for in the commented article is unlawful access to computer information protected by law. Access to computer information means obtaining the opportunity to familiarize yourself with and (or) use computer information. Access is in the nature of performing certain actions and can be expressed in penetration into a computer system through the use of special technical or software means to overcome established security systems, illegal use of valid passwords or codes to penetrate a computer, or performing other actions in order to penetrate a system or network under the guise of a legitimate user. Access to computer information by a person who does not have the rights to receive and work with this information or a computer system for which special protection measures have been taken that limit the circle of persons who have access to it is recognized as unlawful. Information protected by law means information for which a special regime of legal protection has been established, for example, state, official and commercial secrets, personal data, objects of copyright and related rights.
5. This crime is of a material nature and presupposes the mandatory occurrence of one or more consequences specified in the law: destruction of information - bringing it completely or in a significant part to a state unsuitable for its intended use; blocking information - creating conditions for its inaccessibility, impossibility of its proper use; modification (processing) of information - any changes to computer information, including changes to programs, databases, text information located on a tangible medium; copying information is the unlawful transfer of information to another material medium. It is important to establish a causal relationship between unauthorized access and the occurrence of consequences. This crime is considered completed at the moment the consequences provided for in the commented article occur.
For example, according to the verdict of the Tyumen Regional Court, S. was convicted under Art. 290 (part 4, paragraph “a”) and art. 272 (part 2) of the Criminal Code. His actions were expressed in the fact that he, being the administrator of an automated information retrieval system (AIRS), as a software engineer of the regional information support department, endowed with the highest level of access to the Network, illegally destroyed official information protected by law about the commission of administrative offenses by a number of persons and depriving them of the right to drive vehicles. The court rightfully indicated that the information contained in the AIPS “Administrative Practice” refers to proprietary information, and access to it is given to a limited number of employees based on the level of access in connection with the password, and S. was given the highest level of access and could make changes , delete information without recording the transaction performed anywhere and did this at the request of V., who received bribes from these individuals for deleting information about administrative violations committed by them (see the cassation ruling of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation dated January 30, 2009 N 89-008-88).
6. The subjective side of this crime is characterized by a deliberate form of guilt in relation to the actions performed. At the same time, in relation to the occurrence of the consequences specified in the law, a careless form of guilt is also possible. Criminal liability for such consequences occurs if a person foresaw the possibility of their occurrence, but without sufficient grounds, arrogantly counted on their prevention, or if the person did not foresee, but should have and could have foreseen the possibility of these consequences occurring.
For example, according to the verdict of the Samara District Court of Samara dated October 4, 2002, Z. was convicted under Part 1 of Art. 165 and part 1 of Art. 272 of the Criminal Code. The court of first instance found him guilty of causing property damage to the owner by deception in the absence of signs of theft, as well as of unlawful access to computer information, of using computer information on the computer network by deception without paying for services to the owner. In his supervisory complaint, he argued that his guilt had not been proven, since he, having paid K., convicted in this case, money for using the Internet, considered himself a bona fide user.
By the ruling of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation, issued in the manner of judicial supervision, the court decisions taken in the case were canceled with the termination of the case due to the lack of corpus delicti in Z.’s actions on the following grounds. Convicted in this case, K., consistently confirmed that it was he who suggested that Z. connect their personal computers to the Internet, explaining that using the network costs 400 rubles. Z. gave him the money. At the same time, as K. testified, he took passwords and logins first from T., and then from M. and entered them into Z.’s computer; Witnesses T. and M. also confirmed these circumstances. These data testified to the unfoundedness of court decisions with conclusions that Z. deliberately illegally used the Internet (determination of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation dated November 16, 2006 N 46-D06-54<1>).
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<1>BVS RF. 2007. N 4. P. 28.

7. The subject of this crime is any sane individual who has reached the age of 16.
8. Federal Law dated December 7, 2011 N 420-FZ, the commented article was supplemented in Part 2 with new qualifying criteria - the commission of an act provided for in Part 1 of the commented article, which caused major damage or was committed out of selfish interest. The concept of major damage is given in the note. 2 to the commented article. Major damage in the articles of this chapter is considered to be damage the amount of which exceeds 1 million rubles. Selfish interest as a qualifying feature in the articles of Ch. 28 is unlikely to differ from a similar feature in relation to other articles of the Criminal Code and represents the desire of a person, by performing the actions specified in Part 1 of this article, to obtain for himself or other persons a benefit of a property nature, not related to the illegal gratuitous circulation of property in his favor or in the favor of others persons
9. Part 3 of the commented article provides for the following qualifying features of this crime - the commission of a crime: a) by a group of persons by prior conspiracy; b) an organized group; c) using his official position. The content of these qualifying features corresponds to the content of similar features of previously considered crimes.
In judicial practice, questions arise regarding the delimitation of unlawful access to computer information from other elements of a crime, for example, violation of copyright and related rights (Article 146 of the Criminal Code). In some cases, the perpetrator gains access to a computer program that is the subject of copyright and uses it to his advantage. Meanwhile, these crimes have a number of significant differences. The object of the crime provided for in the commented article is the security of computer information. Violation of copyright and related rights infringes on intellectual property. The subject of the first of these crimes is computer information protected by law. The subject of the latter is only copyrighted objects, in particular computer programs and databases. The objective side of violation of copyright and related rights, as a necessary feature, includes the occurrence of socially dangerous consequences in the form of causing major damage to the author of the copyrighted object in the form of lost profits or moral harm. The specified sign is not mandatory to bring the perpetrator to criminal liability under the commented article. Violation of copyright and related rights is associated either with misappropriation of authorship or with the illegal use of copyrighted objects. If there is unlawful access to computer information, its further use by the perpetrator is not necessary. At the same time, situations are possible when the culprit, wanting to appropriate the rights of the author, copies a computer program and illegally uses the reproduced copies for his own criminal purposes. In this case, what the perpetrator did is subject to qualification under the totality of Art. 146 of the Criminal Code and the commented article, if the author of the program suffered major damage.

Ask a lawyer a question and get a quick answer

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The right word"imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Chapter 28. Crimes in the field of computer information.

Article 272. Illegal access to computer information.

1. Unlawful access to computer information protected by law, that is, information on computer media, in an electronic computer (computer), computer system or their network, if this act entailed the destruction, blocking, modification or copying of information, disruption of the operation of the computer, system Computers or their networks are punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of six months to one year, or by imprisonment for a term of up to two years.

2. The same act committed by a group persons by prior conspiracy or by an organized group or by a person using his official position, as well as having access to a computer, a computer system or their network, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the salary or other income of the person convicted of a period of one to two years, or correctional labor for a term of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to five years.
(as amended by Federal Law dated December 8, 2003 N 162-FZ)

Article 273. Creation, use and distribution malware for computers.

1. Creating computer programs or making changes to existing programs knowingly leading to unauthorized destruction, blocking, modification or copying of information, disruption of the operation of a computer, computer system or their network, as well as the use or distribution of such programs or machine media with such programs - shall be punishable by imprisonment for a term of up to three years with a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months.
(as amended by Federal Law dated December 8, 2003 N 162-FZ)

2. The same acts, which entailed grave consequences through negligence, -
shall be punished by imprisonment for a term of three to seven years.

Article 274. Violation of the rules for operating computers, computer systems or their networks.

1. Violation of the rules of operation of a computer, computer system or their network by a person who has access to the computer, computer system or their network, resulting in the destruction, blocking or modification of computer information protected by law, if this act caused significant harm, - is punishable by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or compulsory work for a period of one hundred eighty to two hundred and forty hours, or restriction of freedom for a term of up to two years.

2. The same act, which has caused grave consequences through negligence, is punishable by imprisonment for a term of up to four years.

Decree of the Government of the Russian Federation No. 470 of July 23, 2007 On approval of the regulations on registration and application cash register equipment, used by organizations and individual entrepreneurs.