The actuality and relevance of the dissertation theme. Global cybcrcrimc is becoming increasingly trouble by taking more than 200,000 casualties, causing nearly 500 billion property damage1 to individuals and businesses as a result of these crimes, and by Juniper Research in 2016, the loss from computer fraud by 2019 is about 2.1 trillion dollars, the crime rates by 10-15% each month2 indicate that the fight against these crimes is internationally recognized. The sharp development of social relationships has resulted in the expansion of forms and forms of crime related to the plundering of others' property. In particular, modernization of computer equipment, in turn, contributes to the expansion of its capabilities and the increase in the number of offenses, in particular the usage of computers facilities, and the increase of their social danger.
In the Global Information and Computerization Age in the world, along with the most prominent discoveries in our life, it is necessary to determine the criminal-legal and criminological aspects of embezzlement of one’s belongings by the use of computer tools by threatening information security, and to counterbalance bank plastic cards, which arc non-cash payments, defining criminal responsibility for conducting fake bank plastic cards, analyzing the situation and dynamics of these crimes, the causes and conditions of the disease, the study of the criminality and the elaboration of recommendations for their prevention.
As a result of the judicial reforms in Uzbekistan during the years of independence, certain progress has been achieved in ensuring the compliance of society members with the law, raising the responsibility of law enforcement agencies, protecting citizens against external threats and harassment and combating crime. As the second priority point in the priority areas of the law-making and further reform of the judicial-legal system of the Strategy of activities for 2017 -2019 approved by the Decree of the President of the Republic of Uzbekistan dated February 7, 2017, PF-4947, is the priority task of «strengthening the effectiveness of coordinating the activities of crime prevention and combating offenses»3 as a priority for the continuation of reforms.
Using a computer technologies in our country to spoil others' property or embezzlements (in accordance with «g» part of 3 chart of 167 article), by 10.5% in 2010-2016; Theft (robbery) by using these devices (in accordance with «v» part of the second chart of 168 article) by 20.6%, unauthorized entering the computer system and made theft (in accordance with «b» part of the third chart of 169 article) by 16% increased. The majority of these cases arc unchangable, so that it is impossible to restore the violated property rights of individuals due to the large number of damages inflicted on legal entities and individuals. There is a need for further improvement of criminal responsibility for these crimes in the course of the ongoing judicial and legal reforms.
This dissertation research will serve to a certain extent for the fulfillment of tasks mentioned in Criminal code of the Republic of Uzbekistan (1994) and laws of the Republic of Uzbekistan «On prevenion of offenses» (2014), «On internal affair bodies» (2016), Presidential Decree «On measures to further improve the system of crime prevention and combating crime» (2017), the Decree of the President of the Republic of Uzbekistan on the «On the Strategy for Further Development of the Republic of Uzbekistan» (2017) and other legislative acts.
The aim of the research is to develop proposals and recommendations to improve the responsibility for the spoiling of others by using computer facilities.
The scientific novelty of the research is as follows:
reasons for the crime, the circumstances of the crime related to embezzlement of one’s belongings by the use of computer tools, the identity of criminals and the recommendations for their prevention possess thocritical basis;
fraudulent use of computer techniques is based on the concept of loot, which is carried out by manipulating financial, banking institutions, foundations, etc, by deceiving computer technologies;
based on a proposal that a computer fraud will be processed by computer system, by transferring false information to the computer system, by way of the information stored on the media or by the data transmission networks;
it is based on the fact that a person using a computer technique to produce fraudulent documents and subsequently using it to acquire property can not be regarded as a malicious computer fraud;
recommendations thoce when a large amount of fraud is committed, a fine of one hundred to three hundred minimum monthly wages or correctional labor up to three years, or imprisonment from three to five years, or imprisonment from three to five years posess their theoretical basis.
Conclusion
As a result of the research on «liability for embezzlement of one’s belongings by the use of computer tools», the following theoretical and practical conclusions were reached:
1. The following signs arc separated: 1) in respect of the property or property rights of a spoil; 2) other person's property is illegally seized and / or convicted or transferred to other persons' property; 3) the looting is illegal; 4) the property is subject to free transfer; 5) property damage is inflicted to the proprietor or another owner of the property; 6) Embezellmcnt is intended for intentional, cruel purposes.
2. Computer offense is a socially-guilty act committed by means of modification of information stored in a computer information system by means of computer-aided means of infringement by a criminal act that is prohibited by the criminal law.
3. The need to include a separate norm in the Criminal Code, which is liable for embezzlement of one’s belongings by the use of computer tools, is explained by the following factors:
First, it is a very dangerous transnational crime that is rising rapidly in the world at present, the spoiling of others by using computer facilities;
Secondly, because of the high degree of latency due to the fact that the crime is often not reflected in the official statistics,
Thirdly, it is based on the expediency of establishing accountability in a separate article for the correct qualification as this offense is distinguished by a number of features of looting.
4. The use of computer equipment to communicate the property of its owner shall be invoked intentionally, mercilessly, free of charge, non-repudiation by lawful modification of the information stored in the computer information system.
5. Crimes of computer crimes arc based on the study of criminal law of foreign countries, which arc responsible for the spoiling of the property of others by means of computer facilities:
1) unlawful possession, removal, destruction or damage to computer equipment and data carriers;
2) illegal use of computer information, modification, development, use or distribution of virus programs (computer information is an object of criminal offense);
3) own property or property rights by modifying information on the computer system using a computer or other computer hardware as a tool or instrument for committing a crime.
6. Responsibility for the use of computer facilities by the expertise of world experience: 1) States where legal norms for property crimes arc widely practiced and those which arc subject to computer analogies according to law analogy; 2) States that arc subject to liability for crimes against property as a condition of aggravating or alleviating computer looting; 3) the states in which special laws arc binding for crimes against property; 4) For spoofing of computers is divided into the states which arc subject to liability in a separate article of the criminal law.
7. Embezellemnt of the one’s property with the use of computer technologies. Property relationships, which arc characterized by specific features, which arc directly related to any form of computer embczcllmcnt, which arc directly addressed to the subject of robbery; and the direct accessory object is social relations in the field of information technology.
8. Embezellemnt of the one’s property with the use of computer technologies. The subject of inquiry shall be property of material or computer information (non-cash money, intellectual property) that has a definite economic value, which is not a guilty party, or a lawful possession of the defendant, without the right to dispose of it.
9. The following specific peculiarities of non-cash money in the form of computer information have been identified as the subject of spoiling the property of others:
1) Computer information as the subject of the offense is personal property in electronic form;
2) Information that has been subjected to criminal offenses - docs not have an ascetic (material) designation as a subject of extortion;
3) in the form of computer information in the data carrier (plastic card), computer system or network.
10. Use of computer facilities means to seize, detain, or inflict property damage to the proprietor, without the implied warranty of any kind, for the purpose of preventing the return of the property (non-cash funds) in the form of computer information that is entrusted to or It is understood that the intentional modification of the computer system, which determines the fate of this property, is in the interest of the enjoyment of this property by its own interests.
11. The use of a computer to seize a person's property by means of a confiscation of property, without prejudice to the rights of the proprietor, in order to prevent the return of his property (non-cash assets) in the form of computer information, through the modification of the information on the computer system to determine the fate of that property in order to cause property damage, the alienation of such property in favor of third parties or it is understood.
When plundering of property by means of computer technologies is carried out by means of embezzlement or it is transferred from the moment of receipt (acquisition) of the property (non-cash) entrusted or at the disposal of the guilty to another account of non-cash money is considered to have expired, that is, from the moment of the alienation.
12. Using fraudulent possession of a person's property by means of a computer, by means of modification of the information stored on the computer, or by misuse of confidence, intentionally, mercilessly, to free property of the other person by property damage. Computer fraud is a crime that has been committed since the moment when the guilty person was able to dispose of the real estate.
13. To consider as a computer fraud committed by deception:
1) Not transferring false information to a victim through the computer (eg sending a certain amount to a winner or winning a prank, noting that the winner in the lottery was victimized) did not constitute computer fraud;
2) the computer should facilitate the commission of a crime as a means of committing fraud, that is, through the modification (modification) of information stored in the computer information system;
3) the modification of computer information has proven that simultaneous existence of the subject must be present, as if the owner or the person entrusted with the property voluntarily gives it to a fraudster.
14. Intentional, non-violent, free use of the property by the use of a PC, by stealing someone else's property, illegally using the computer information system, and modifying it in the property.
The offense is considered to have been completed from the moment the noncash money has been credited to the account of the perpetrator or another person.
15. Spoofing of the property of others by means of computer facilities, without the illegal (unauthorized) attack on the computer information system, the return of the property by modification of the information, the property damage to the owner, is the occurrence of
16. In connection with the complementation of the new Article of the Criminal Code of the Republic of Uzbekistan, article 167, part 3, «g» of the Criminal Code, «commited by using computer facilities»; Article 168, part 2, «v» of the "commited by using computer facilities", article 169, paragraph 3 «b», "unauthorized access to the computer system" should be excluded from the Criminal Code;
17. It is recommended that using a computer to differentiate criminal responsibility for illegal possession of firearms, ammunition, explosives or explosive devices, for this purpose it is proposed to supplement Article 247 part 2 of the Criminal Code with «e» below:
«E) commited by using computer facilities».
It is considered more proper to supplement illegal acquisition of forceful or toxic substances (Article 251) or inclusion into circulation (Article 139), infringement of the constitutional system of the Republic of Uzbekistan (Article 159), disclosure of state secrets (Article 162) (Article 251'), illegal possession of radioactive materials (Article 252) with aforementioned norms;
18. It is desirable to differentiate responsibility for the misappropriation of narcotics or psychotropic substances, as well as for criminal offenses, based on the experience of foreign countries. For this purpose, it was suggested that Part 2 of Article 271 be complemented by the words «g'», part 3, Article 273, «d».
19. It is proposed to declare Article 176 of the Criminal Code in the following wording:
Article 176 Creation, transfer, sale of fraudulent money, excise stamps, securities, credit or debit card or other payment document, making or carrying out fraudulent bank notes (banknotes), metal coins, excise stamps, as well as securities or foreign currency or foreign currency securities, credit or debit card or other payment documents,
shall be punished with the deprivation of liberty for a term of two to five years, or imprisonment up to five years.
20. It is reasonable to supplement Criminl Code with the new edition of the following article:
Article 1691. Embezzlement of one’s belongings by the use of computer tools
Stealing or obtaining possession of others' property by storing, processing, or transferring information stored on the computer system, or by misleading computer systems -
shall be punished with fine from one hundred to three hundred minimum monthly wages, or correctional labor up to two years, or forced labor of up to three hundred forty hours, or imprisonment up to three years.
The same actions:
a) by previous concert by a group of persons;
b) repeatedly or by a dangerous recidivist;
c) unauthorized access to computer information;
d) using the service position;
d) in large amount -
shall be punished with fine from three hundred to four hundred minimum monthly wages, or correctional labor up to three years, or imprisonment from three to five years, or imprisonment from three to five years.
The same actions:
a) by an organized group or in its interests;
b. by a special dangerous recidivist;
c) in large amount -
shall be punished with fine from four hundred to six hundred minimum monthly wages, or imprisonment from five to ten years.
No penalty of imprisonment or imprisonment shall be imposed if compensation for the damage is caused. "
21. Spoils the property of others using a computer
The following reasons and conditions of detection were determined:
1) uncontrollable staffing of the computer controller (keyboards) used as a separate and workstation for distant transmission of primary accounting documents in the course of financial operations;
2) discontinuity of service personnel.
This allows the perpetrator to use the aforementioned computer hardware as a weapon for committing a crime;
3) a low degree of software protection;
4) imperfections of the system of passwords protecting against unauthorized use of the workstation and its software;
5) the organization's confidentiality and confidentiality of commercial information and the absence of official responsible for his / her security;
22. The public-private and special measures on the seizure of the property of people by computer facilities have been studied, and proposals and recommendations have been developed to improve their efficiency and effectiveness of preventive measures.