THE PROBLEM OF QUALIFICATION «CONTACTLESS» THEFT AT THE STAGE OF INITIATING CRIMINAL CASES

Abstract

The article discusses the features of qualification of thefts and fraud committed using information and communication technologies at the stage of criminal proceedings. The structure of cybercrimes is mainly represented by property abuse, in particular, «contactless» thefts committed via the Internet, mobile communications, using bank cards. The specificity of these crimes lies in the fact that non-cash, electronic money is the subject of theft. The main difference from the traditional understanding of the subject of theft is its incorporeal essence. The opinion is substantiated that the conceptual and categorical apparatus of theft of someone else's property due to the inclusion in its volume of digital, electronic money (cryptocurrencies, bitcoins) has somewhat expanded. It is this feature that affects the impossibility of using the «generally accepted» model for conducting a pre-investigation check and making a decision to initiate a criminal case. The issues of qualification of the theft and determination of the territory of investigation when deciding to initiate a criminal case remain controversial.