Zhurnal grazhdanskogo i ugolovnogo prava

9-17

Authors: Dmitry A. Kirillov, Oksana V. Pavlenko

The Russian law, which orients society to mutual understanding, patience, and respect in matters of freedom of conscience and freedom of religion, contains latent criminogenic prerequisites. So, patience in matters of faith involves a certain psychological discomfort of the men of faith in relation to the men of a different faith. Patience of the person in relation to the object and simultaneous respect by the person of the same object is logically incompatible. It should be noted that in accordance with the criminological point of view, the religious tolerance contains most stable prerequisites for the lawful behavior of men of the faith in relation to the men of a different faith. Its basic principles in general are respect for different faith, acceptance and correct understanding of the diversity of religions and forms of manifestation of religiosity. Patience is contrary to the content of religious tolerance. For a long time, Russia's official attitude to religious tolerance was not reflected in official documents. Therefore, it was quite difficult to expect, for example, the replacement of religious patience ideas with ideas of religious tolerance. However, on December 12, 2018, Russia supported the resolution on religious tolerance, adopted by the UN General Assembly. This suggests that now the potential of religious tolerance can be integrated into the system of principles of the Russian religious landscape. Obviously, a fragment about patience in matters of freedom of conscience and freedom of religion should be excluded from the law. However, criminal law restrictions should be taken into account here, in particular, article 148 of the Criminal Code. Today, it is the patience in matters of faith that is of great importance to many men of faith. In such a situation, the quick exclusion of the term “patience” from the text of the law may lead to an insult to their religious feelings. Therefore, the authors of this article propose such a wording of the law, in which the values of faith patience are indicated as the important ones, but temporary, and the values of religious tolerance – as strategic ones.

25-33

Authors: Victor V. Vorobyov

Crime in the sphere of computer information tends to increases steadily and affects the most important areas of activity of not only individual states but the global community as a whole. In this connection, improving of the legislation for counteraction against these criminal attempts becomes an urgent task of today. Through analysis, logical and comparative-legal methods of cognition, it has been found that the Russian criminal legislation in the sphere of struggling cybercrime has a number of fundamental defects, among them: the lack of legal interpretation of many terms in Articles 159.3, 159.6, 187, 272, 273, 274 of the Criminal Code of the RF; faults in the structure of these Articles; incompliance of the Russian criminal legislation with the international legal acts, as well as faults in international cooperation in the sphere of cybercrime counteraction. The data of court statistics on the convicted for cybercrimes in Russia from 2003 till 2016 substantiate the conclusions on the presence of certain problems in this sphere of law enforcement activity. The cognition methods of synthesis, summarizing and analogy enabled to give the author’s definition to such notions as “illegal access to computer information” and “harmful software”. To improve the Russian criminal legislation, we propose amendments to Articles 272-273 and criticize the new Article 274.1 of the Russian Criminal Code. The materials of the research can be useful for law-makers, scholars of legal disciplines, personnel of the law enforcement bodies, judges of criminal courts, professors and students of law faculties.