LOGIC-LANGUAGE PHENOMENA OF THE SUBJECT OF INCORRECT IMPACT ON THE CRITICAL INFRASTRUCTURE OF RUSSIA (ARTICLE 274.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
This article is devoted to the problem of legal understanding of the main logical-linguistic phenomena included in the architecture of the composition of the unlawful impact on the critical information infrastructure of the Russian Federation and enshrined in Art. 274.1 of the Criminal Code of the Russian Federation. The complexity of the legal and technical design of parts 1-3 of the criminal law norm stipulating responsibility and punishment for unlawful encroachment on the most important objects of the country’s information infrastructure, as well as those concepts of disposition that relate to the subject of the crime, is shown. It is noted that the combination in the article under review is also characteristic of the design of its first three parts, the dispositions of which have such distinctive features that allow us to conclude that Art. 274.1 of the Criminal Code of the Russian Federation contains three completely autonomous from each other corpus delicti, which can be qualified separately as single crimes or in aggregate. The analysis carried out within the framework of this article also showed that parts 1-3 of the Art. 274.1 of the Criminal Code of the Russian Federation almost completely repeat the logical-language constructions of the dispositions of Arts. 272-274 of the Criminal Code of the Russian Federation only with the difference that in Art. 274.1 of the Criminal Code of the Russian Federation, objective and subjective attributes are “linked” to the critical information infrastructure of Russia. The article notes that logical-language phenomena, acting as various types of information themselves, do not provide a sufficient theoretical understanding of the definition of “computer information” in a critical information infrastructure. In particular, “computer information” as a subject of a crime under Art. 274.1 of the Criminal Code of the Russian Federation needs a theoretical justification of its material nature as a thing, material substance, which is a sign of the subject of any socially dangerous act. The subject of this study is the legislative definition and doctrinal justification of “computer information” as a specific subject of the material world and, consequently, the subject of a crime that determines the illegal impact on public relations in the field of critical information infrastructure of the Russian Federation. The purpose of the article is to identify the problematic aspects of the technical and legal architecture of Art. 274.1 of the Criminal Code of the Russian Federation and the content of the concept of “computer information” accumulating in its meanings the subject of the composition of the unlawful impact on the critical information infrastructure of the country. In the process of working on the topic, technical, legal and logical methods were used to explain and prove the correctness of the legislator’s choice of the specific design of the “cuticle” of the corpus delicti, as enshrined in Art. 274.1 of the Criminal Code of the Russian Federation. The use of dialectical, grammatical and technical methods of interpretation made it possible to define the “materialistic” essence of “computer information” as things that currently have a price and can also be bought and sold. A study conducted by the author, allowed to identify the main problems associated with the construction of Art. 274.1 of the Criminal Code of the Russian Federation and its triune content, which generally reflects the unlawfulness of the impact on the critical information infrastructure of Russia in parts 1-3 of the desired criminal law norm, to study the main positions of theorists of criminal law on the possibility of considering computer information as a subject of computer crime and drawing its own conclusion about the specific materiality of computer information as a thing of the outside world accumulating in its meanings the subject of a composition of unlawful influence on the country’s critical information infrastructure.