The Criminal Policy of the Republic of Kazakhstan in the Sphere of Informatization: Issues of Counteracting Computer Crime

Abstract

The present article explores the problems of criminal policy in the field of information security, the development of criminal legislation in this area. The purpose of this article is to investigate the problems of criminal policy in the field of informatization or ensuring information security and the theoretical basis for countering computer crime. Within the framework of the research, the conceptual apparatus and theoretical foundations of the criminal policy in the field of information security and computer crime counteraction are clarified, the status and the structure of computer crime dynamics in modern Kazakhstan and criminal factors that generate their development are studied. The problem of criminal policy in the sphere of information security is a complex, systemic sociopolitical and legal problem of modern Kazakhstan, conditioned by general and special economic, political, spiritual, methodological, legal, criminal, criminological and other factors. It also covers related norms of the criminal procedure, criminal executive and other branches of legislation that provide legal regulation of such a diverse sphere of public life as the fight against crime in the field of informatization. Numerous studies have not yet led to the development of a sufficiently accurate and complete picture of the phenomenon of the corresponding state policy in the field of informatization. At the same time questions of criminal policy remain unexplored. The latter determines the novelty of this study. The proposed study contains scientifically substantiated provisions and conclusions on the theoretical basis for the prevention of crimes in the field of informatization and this determines its scientific significance. In addition, the study identifies the main problems on the topic and outlines the main directions for their solution, which determines its practical importance. The methodological basis of the research is the scientific provisions of criminal law and criminology on the nature of crime and criminality, their impact on the state and public security. In the course of the research, modern concepts of determining the nature of crime and criminality, the conclusions were obtained through a qualitative and quantitative analysis of socio-legal, criminal-legal phenomena and processes. The legal analysis carried out by the authors makes it possible to provide recommendations for the definition of new promising avenues of the criminal policy of Kazakhstan in the field of information security and combating computer crime. Prospective studies can make a real contribution to solving and overcoming the international aspect of the crisis situation in the sphere of information security. Crimes in the field of information technology are a special sphere, since the existing telecommunications system have no borders. The crime can be conceived in one country, go through the communications of three or four other countries and be accomplished in the fifth. This circumstance presupposes the need to establish cooperation with other states. The results obtained in this article can be used in the educational process, for writing textbooks or training manual and publishing articles on this topic. Key words: criminal policy, information security, computer crime, counteraction to crime.