Criminal Law Policy in Counteracting the Use of Networking Platforms for Criminal Activity

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY

Russian Journal of Criminology Pub Date : 2022-03-11 DOI:10.17150/2500-4255.2022.16(1).47-56

R. Dremliuga, A. Korobeev

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Abstract

The transition to the digital economy is often primarily associated with the transfer of economic activities to online platforms. Researchers often call such a transition platformization. The use of global and national platforms gives rise to a completely new type of relationships. Platforms are often created with the use of AI and distributed register technologies. In the economic sphere, the transition to platforms requires the national governments to develop an effective criminal law policy because the emerging relationships in the use of networking platforms need criminal law protection. A special cause for concern is the creation of platforms used for criminal activities. A platform for criminal activities is a special form of organizing computer information specifically structured to enhance the effectiveness of interactions between different groups of people involved in committing crimes. This publicly dangerous action is not reflected in Russian criminal legislation as an independent crime. Research methodology includes the analysis of criminalizing the creation and operation of networking platforms that are used for criminal activities from the standpoint of grounds for criminalization in the doctrine of criminal law. Three groups of factors act as grounds for criminalization: legal-criminological, socio-economic and socio-psychological. The presented work mainly focuses on the analysis of legal-psychological grounds, such as the degree of public danger, relative prevalence of such actions and their typicality, dynamics of actions in terms of the causes and conditions giving rise to them, the possibility of using criminal law measures to influence these actions, the potential of the system of criminal justice. The conducted analysis showed that the criminalization of the creation of support of networking platforms used for criminal activity corresponds to legal-criminological, socio-economic and socio-psychological criteria.

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打击网络平台犯罪行为的刑法政策

向数字经济的过渡通常主要与经济活动向在线平台的转移有关。研究人员通常称这种过渡为平台化。全球和国家平台的使用产生了一种全新的关系。平台通常是使用人工智能和分布式注册技术创建的。在经济领域，向平台的过渡要求各国政府制定有效的刑法政策，因为网络平台使用中的新兴关系需要刑法保护。一个特别值得关注的问题是为犯罪活动创造了平台。犯罪活动平台是组织计算机信息的一种特殊形式，专门用于提高参与犯罪的不同群体之间互动的有效性。这种危害公众的行为并没有作为一种独立的犯罪反映在俄罗斯的刑事立法中。研究方法包括从刑法理论的入罪理由出发，对用于犯罪活动的网络平台的创建和运营进行入罪分析。三组因素作为定罪的依据:法律犯罪学、社会经济和社会心理。所介绍的工作主要侧重于分析法律心理基础，例如公共危险的程度、此类行为的相对普遍性及其典型性、产生此类行为的原因和条件方面的行动动态、利用刑法措施影响这些行为的可能性、刑事司法制度的潜力。所进行的分析表明，将支持用于犯罪活动的网络平台定为刑事犯罪符合法律-犯罪学、社会经济和社会心理标准。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-

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期刊介绍： Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.