Джанадилов Олжас Муратович,

Докторант PhD 2 года обучения

По специальности «Юриспруденция»

Академии правоохранительных органов при Генеральной прокуратуре Республики Казахстан

Prevention and admonition as a method of combating criminal infringements in the field of informatization

(Cybercrime)

Annotation. Nowadays, almost all the production and defense capability of states has been switched to digital management. The Internet hosts several million sites and images of various kinds of information, including one that is able to protect a person and the national security of any state.

Admonition of the investigated category of crimes, according to the majority of scientists criminologists, is more effective than the investigation and disclosure of computer crimes already committed, especially since the ways of improving these crimes are updating with sufficient speed.

Keywords: offense, informatization, admonition, preventive measures, prevention, protection, struggle.

The number of resources transferred through the global Internet network is constantly, which indicates the emergence of a real dependence of developed countries and each individual person from the international information infrastructure. One of the main reasons for the emergence of the phenomenon of cybercrime was the information and technological re-equipment of enterprises, institutions and organizations, their saturation with computer equipment, software, databases.

Considering the spread of cyberspace, crimes in this area tend to grow.

Taking into account this special urgency, issues of prevention and admonition of cybercrime are acquired, which are manifested primarily in preventive work and aimed at creating conditions that impede the commission of the investigated unlawful acts. The main task of preventing and admonition cybercrime is the development of measures and creation of conditions for the use of information and communication networks, computer technologies and computer information, in which misconduct actions in the analyzed area are maximally limited.

Formation of a basis in which there is no place for criminal structures, used to achieve science for the commission of computer crimes, plays a significant role. However, modern reality indicates that this process is rather complicated and long, requiring effort and international cooperation in this field.

Despite these difficulties, it is extremely necessary to start developing effective measures aimed at preventing the growth of crimes in the field of computer technologies and reducing their numbers.

To achieve these goals, it is advisable to ensure: information security of individuals, society and the state; Protection of the constitutional rights of citizens to privacy in all its aspects, reflected in computer information; Protection of information constituting a state secret, and protection of other confidential information, the secret of which is provided for by the legislation of the Republic of Kazakhstan

The essence of the above tasks allows us to identify legislative, technical and law enforcement measures aimed at preventing crimes in the field of computer technology.

As М.М. Malykovtsev notes, that law enforcement officers aimed at prevention and the admonition of offenses in the field of information [1, p.165].

Indeed, the introduction of training courses for law enforcement bodies and special disciplines in the higher education institutions, whose aim will be to deepen the special knowledge in the field of computerization, informatics and information protection, on the basis of a specially established faculty in the academies of the Ministry of Internal Affairs, the National Security Bureau and the Financial Police.

Such a measure, in our opinion, should become a preventive criminological measure based on training cadets and listeners in ways to create programs to protect information from undue influence, as well as to prevent crimes committed through global information and communication networks.

The effectiveness of this preventive approach is confirmed by studies conducted by both domestic and foreign experts who rightly believe that it is always much easier to prevent crimes in the field of computer technology than to uncover and investigate it.

At the same time, in the seminar was adopted a recommendation stating that "governments and non-governmental organizations should together fight against computer-related crime, including by raising the level of education and awareness of the population in the field of information technologies and measures taken bodies of internal affairs to reduce the level of offenses in this area.

An important role, according to the seminar participants, is to improve the skills of law enforcement officers and officials involved in the development of government programs aimed at preventing offenses [2].

In the special literature, legal scholars proposed to distinguish three main groups of crime prevention measures in the field of computer technologies, which together constitute an integral system of combating the analyzed social and dangerous phenomenon: legal, organizational and technical, criminalistic [3, p.106].

Analyzing the current Criminal Code of the Republic of Kazakhstan, namely Article 227 of the Criminal Code of the Republic of Kazakhstan, we came to the conclusion that this rule applies to already committed acts without a preventive nature.

The complexity of preventing and combating computer crimes is also due to the lack of a unified approach to terminology.

As A.M. Vinaver notes, "By giving such a loophole into the hands of a criminal it is difficult to talk about preventing a crime, because looking for an eye of an interested consumer of the law in a slightly obscure edition of the legal norm easily outlines a support and a weapon for defense or, as the circumstances require, for an attack" [4].

A significant gap in criminal legislation is the ignoring of the close interconnection of computer equipment and global information and communication networks, which in turn creates a favorable ground for the growth of the number of crimes in the field of computer technology.

Another area of work to ensure counteraction to crimes in the field of computer technology is the adoption of organizational and technical measures.

Such measures, according to M.M.Malykovtsev are: Use of special and certified equipment, software, the use of cryptographic tools to protect information, Monitoring of work with information that is state secrets and the general state of information security, the development of models of alleged threats to information security, the creation of a database of priority facilities and the development of measures to protect them, maintenance of national legislation that meets modern realities, the development of an absolutely separate segment of the information and telecommunications network, which allows exchanging information, containing state secrets to a limited number of persons, as well as the development of means of protecting information and its turnover systems when employees work with it, With appropriate access, in order to avoid espionage and information leakage [1, p.165].

In addition, according to VN. Cherkasov, "without fail it is necessary to implement such organizational measures as:

…1) for all persons entitled to have access to the SCT should be defined category of admission;

2) defined administrative responsibility for individuals for the safety and authorization of access to available information resources. At the same time, for each of their types of responsibility should be borne by one particular person;

3) established periodic systemic control of the quality of information protection through regular maintenance both by the person responsible for safety and by the involvement of competent specialists (experts) from other organizations;

4) classification of information in accordance with its importance, differentiation based on this protection measures; defined order of its protection and destruction;

5) organized physical protection SKT (physical guards) ..." [5, p. 42].

In addition to organizational and management measures, great importance in the prevention of crimes in the field of computer technology, have technical measures.

Such measures include, for example, protection against unauthorized access, from natural disasters and accidents, sabotage, sabotage (explosions); The correct organization of information and communication networks, and etc. These measures can be divided into three main groups, depending on the nature and specificity of the protected object, namely: hardware, software and complex.

Hardware methods, as V.V. Simakov and S.V. Balakirev point out, "…are designed to protect hardware and communication equipment of computer equipment against unwanted physical influences of third-party forces on them, as well as to close possible undesirable channels of leakage of confidential information and data, as due to spurious electromagnetic emissions and pickups, vibroacoustic signals, and others, which we examined in detail in the second and third chapters. Practical implementation of these methods is usually carried out using a variety of technical devices for special purposes" [6, p. 76-78].

It should be noted that among these functions, distinguished a "call-in-front" and an "electronic journal", which are sometimes combined to fix telephone numbers of those subscribers who attempted unauthorized access to a computer system or information and communication network with simultaneous notification of computer services security of attempting such penetration.

Software protection methods are designed to protect computer information in three aspects: а) protection of computer and communication equipment; b) software Protection; c)protection of integrity, accessibility and confidentiality of data in communication channels.

To protect information during its transmission, can be used a various methods of data encryption before they are directly inserted into the channel of the information and communication network or on a physical medium, followed by interpretation. This method reduces the risk of access to private information.

Also, there are ways to protect computer information, such as the use of crypto algorithms, the use of software tools that allow you to encrypt information, taking into account various conditions for analyzing ciphertext when trying to open it. Such tools include the program "Diskreet" from the software package "Norton Utilities", which allows you to make both encryption of magnetic media, and perform the function of blocking the keyboard and computer screen (blanking out video images of valuable information). Moreover, this program provides for the protection of information objects at the file level or virtual hard disk drives.

According to Russian experts in the field of security of computer systems, in particular Cherkasov V.N., "with paperless technology, conditions should be created that exclude both accidental (unintentional) errors and deliberate distortions of the information…. These objectives should serve as a series of preventive measures" [5, p. 43].

Thus, summing up this article, we can state the fact that in the development of general preventive measures aimed at counteracting infringements in the field of informatization, and priority is: independent protection of the physical and legal information, by timely updating of software and virus programs, legislative prohibition of the contact of networks (or single computers) of objects of national importance (nuclear power plants, defense enterprises) with the global information and communication network, that is, the development of departmental networks separated from civil networks; a legislative ban on the use of commercial software provided without source code, in the field of processing classified information; legislative consolidation of the advantage of domestic software producers when purchasing programs by state organizations.

Equally important in the process of cybercrime prevention has prophylactic work aimed at creating conditions that impede commit wrongful acts investigated.

In this regard, it is important to note that the prevention of any, including computer, crime should be of a complex nature and should be exclusively within the competence of state bodies. In this case, it is necessary to create and operate a computer security system implemented by state forces and means, including both legislative and organizational and technical measures, which are a set of measures aimed at preventing cybercrime.

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