Kryzhanovskaya A.P.1st year master course, PhD  doctoral

Ergali A.M..scientific supervisor, candidate of law Malikova Sh.B.

Al-Farabi Kazakh National University

                                                                                                                                                                                                      

                                                                                 

Criminal and legal policy in the field of information and communication

 

Abstract

This article tells about policy in the field of information crimes, id.est cybercrime. Nowadays in the Republics of Kazakhstan this type of crime is not quite widespread, as in the countries of Western Europe, but begins gradually to spinup. In this con nection in the republic measures are undertaken to exposure and suppress this type of crime.

 

       Nowadays our life is closely connected to information technology and the Internet. People use computers for different purposes - system and application programs, correspondence with various emails and get online information, banking, investment management, purchase products. On the one hand information technologies help to form the present era of the civilized societies, on the other hand they arise threat and danger. [1]

      Crime which is used in computer technology (cyber-crime) - is an international important phenomenon that is direct dependent level which allow them to introduce, develop and use modern computer technologies. Cyber crime is committed with the help of information technologies; it’s a kind of crime which uses the crime punishment method. Cyber criminals differ from criminals in real life for not using of traditional knives and weapons. Their arsenals are information weapons, to enter the network system, to destroy and modify program structure, to obtain illegal information and to stop for a while computer system.

      Firstly, in accordance with development of modern information and computer technology their functional opportunities increase and so it will be difficult to find evidence process of cyber crime. Unlike other traditional types of crime, cyber crime victims do not feel that they are in danger, or if they recover that they are in trouble, it could be too late to inform law enforcement bodies about it. Secondly, experts in identifying and investigating crimes connected to cyber crime are incompetent in technical knowledge. Thirdly, there are few or even no protections in computer systems or networks and in such situations; there is a big opportunity for cyber criminals to be success or to be invisible. 

         Lately, cyber crime has been used in terroristic aim, it means that with the help of computer system and network it is very convenient to use terror method against state bodies, corporations and people:

It is cheaper to commit cyber terroristic act than to buy weapons;

to provide to stay invisible ;

numerous objects for attack;

to attack at a distance;

to impress as many people as possible in comparison with terrorism.[2]

     If we consider that most computer crimes are committed in global computer and internet systems and in the last decades in legislative and law enforcement experiments of different countries corresponding to this new type of crime international relations have been developed. In 1996 in Paris expert group involving in Economic relations and development of organization work gave definition to computer crime. They told that “Computer crime is any illegal, ill-bred or prohibited crime connected to amendment or transfer automotive information  the definition computer crime for the first time in the history of our country have been appeared as a conception criminal group informant in the Criminal Code of the Kazakh SSR. At that time the definition computer crimes had been in part 6 “Economy crimes” of the Criminal Code of the Kazakh SSR[3].

       The important part of state legal policy is crime policy, and to develop it we should realize criminal code and criminal code of implementation, and complex usage and interconnectivity correction.

      Evaluating the present state of criminal law, in total active development had been provided. Present Criminal law is fighting against crime; it protects people’s rights and freedom, state and society’s rights and criminal and legal protection. Further development of criminal law should be provided considering former double vector of criminal policy.  First of all, stimulating concerns to people who commit mild and not serious crimes for the first time, socially weak groups of society – pregnant and single women with minor children, juveniles, and old people.

Nowadays processes connected to political and economical changing of the Republic of Kazakhstan directly influence to information security situation. In addition it directly influence to information security situation. We can divide these factors into political, economical and organization technical. To research the present situation of information security its level in Kazakhstan doesn’t correspond to people’s, society’s and state’s requirements and demands. To provide timely, clear and available information to State body, namely to protect state information resources, to identify corresponding of technical instruments requirements and develop home protection methods.

         In 2003 in the Republic of Kazakhstan “Department which fight with crimes in the field of information technology of the Ministry of Internal Affairs of the RK” was founded. Nowadays department «Ê» realizing tasks achieved important results in fighting with crime. For example, in December of 2013 the Ministry of Internal Affairs of the RK solved very serious and grievous computer crime. Fast employees of «Ê» department of the Ministry arrested criminal group “Troya” who stole money from bank account of legal entity through distant network system with a special program. Criminals who stole money from different bank accounts of organizations sending   computer “virus” through «Bank-client» system,  their activity was registered in advance and was in attention. Some days later there was a threat that 147 million KZT will be stolen from one national company’s account in secondary bank. At that situation criminals were captured. During analyzing it was proved that more than 400 million KZT was stolen from 30 companies in Kazakhstan. [5]

It gives an opportunity to define different categories of type model of criminals, to know their peculiarities to describe and identify criminals and sometimes to capture them, to increase circle of suspicious person.

       We can show computer criminals dividing them into the following categories:

·        Illegal person entering to computer information;

·        Organized group members who planned earlier to realize illegal entering to computer information;

·        Individuals using their authority to enter illegally into computer information;

·        Individuals who have permission to ÝÅÌ but realizing to get information illegally.

Nowadays information about criminals will be obtained mainly by two special information groups.

I.            Descriptive information from other resources of a criminal and to track down criminals and capture.

II.            Information got through research criminal’s personal details and psychology.

So we can divide criminals into any group formation. [6]

      At present time despite of spreading this type of crime activity to the territory of Kazakhstan, it is  described that it’s difficult to prove the absence of required legal, organized and technical instruments, appearance of new methods of committing crimes, usage of TV and communicative technologies and persistent growth system. It is necessary to develop new normative legal base, to realize technical innovations, to spread widely, to seek new samples and methods of opposite activities, to prepare organization against crimes and violations in the field of information technology.

Above mentioned problems can cause threat to state’s information security and legally provide information in this field. It is still a great problem in formation of the necessity of individual legal field –the information field in the Republic of Kazakhstan.

      Lately it has been actual to exchange information globally and to participate equally in the process of sorting international information security. The necessity to require national interests demands to increase activity of state bodies in the frame of present international organizations services.

      So, present situation of information security describes the following threats:

      1) violation of information system work of most important information objects, namely different and state and non-state information support their infrastructure;

      2) modern information and communication technologies’ production and usage level doesn’t correspond to society’s objective needs;

      3) threats to harm people’s interest and disinformation possibilities can influence to society consciousness and state institutions; etc.

 Taking into account transborder description problems in providing information security, equally corresponding international exchange principles demand to develop internatonal cooperation.

      The main tasks are to prepare legal norms ordering inter countries relations  in global information infrastructure field, to prevent usage of information and TV communication technologies, identify, stop and destroy terroristic and other criminal purposes, to develop mutual activity and combine internationally standards and national certificate system  between the Republic of Kazakhstan and foreign countries law enforcement bodies. Due to other countries, transnational corporations, different informal structures, to identify secret influence on society’s consciousness especially through social nets and to conduct purposeful policy in order to prevent it, and to fight with spreading other negative ideological signs of terrorism, religion and ethnicity  to society   through mass media system.

            To provide information security in staff department and to develop policy in protection of state secrets, to develop staff preparation and law enforcement bodies, to solve problems concerning of guarantee staff security in the departments which are engaged in information terrorism and information crime fields. Problems concerning information security and protection of state secrets, effectiveness of education and study programs are very important [7].

The main reason of cyber crime increase is hacker’s professionalism, value of information, and especially lack of attention to security.  Any professional hacker can enter other person’s net. However, in many situations who used to react quickly finally will be imprisoned. That’s why we should draw a special attention to security in order not to be victims of hackers.

 

 

 

References:

 1. Aratuly K.  Policy of fight with cyber crime in condition of globalization. PhD doctoral dissertation. Almaty 2013, KazNU.[6]

2.  http://egemen.kz/2014/06/25/30919  Cyber crime and cyberpol.[5]

3.http://medialawca.org/node/5539 Cyber crime in the Republic of Kazakhstan [2].

4 Model criminal Code for states participants of CIS.[3]

5. ."Interpretation of information security till 2016 in the republic of Kazakhstan " Decree project of the President of the RK [7]

6. www.kz-cert.kz/presscenter/publication/;[1]

7.O.N.Tlepbergenov. Security Policy from crime in the RK. Monographs. – Almaty: Republic of Kazakhstan., p.59 [4]