Qualification of digital crimes against person: problematic issues

Abstract

Subject of the research is the norms of the criminal law establishing responsibility for crimes against the person, as well as explanations reflected in the Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 58 of December 24, 2019, No. 46 of December 25, 2018, No. 16 of December 04, 2014. Purpose of the research is to improve the criminal law and law enforcement practice in terms of the qualification of new ways of committing traditional crimes against the person (murder, kidnapping, human trafficking, depraved acts, violations of the inviolability of the home), as well as socially dangerous acts, responsibility for which is not directly enshrined in the criminal law, but having the ability to harm human rights and personal freedoms in the conditions of digitalization (deepfakes, stalking, cyberbullying). Methods and objects of research: one of the methods used was the formal logical approach to the cognition of legal phenomena; also, the methods used were methods of analogy, generalization, differentiation, comparative-legal and formal-legal methods of research of public relations in the field of protection of individual rights and freedoms. Main results of research: is proposals have been formulated for the qualification of actions aimed at harming the individual through the use of modern technologies, as well as for improving the norms of the current criminal law and the provisions of the Resolutions of the Plenum of the Supreme Court of the Russian Federation in terms can influence the criminal legal assessment of the act in the conditions of criminal use of digital technologies against the individual.