Cybercrimes: Criminal Law Perspective

Introduction. In the context of global digitalization, cybercrimes are considered to be the most rapidly developing category in the criminal law. The Criminal Code of the Russian Federation includes a separate chapter with the articles stipulating criminal liability for encroachments upon computer information. The relevance of the study is underpinned by the challenges encountered during law enforcement, as well as by the divergence of scientific attitudes towards the qualification of the criminal acts under study, and the existing gaps in the criminal law of the Russian Federation. The aim of the article is to define the essence of cybercrimes, to analyse the scientific attitudes and law enforcement practices in order to identify the most problematic aspects in qualifying the cybercrimes.
Materials and Methods. The research was based on the study of the Criminal Code of the Russian Federation, legal acts regulating social relations on handling the information protected by law, judicial practice materials, and scientific publications. The research was carried out using the dogmatic, system-structural and law enforcement methods.
Results. It has been revealed that the existing difficulties in qualifying the cybercrimes stem from their latent, highly technological, and cross-border nature. The terminological ambiguity of the criminal-law definitions of the acts enshrined in Chapter 28 of the Criminal Code of the Russian Federation and the blanket disposition of certain articles lead to a significant number of difficulties for a law-enforcer to qualify these acts. The analysis has revealed that, in the context of rapid sophistication of crimes committed using artificial intelligence and neural networks, the majority of scholars tend to believe in the need to specify the subject of the criminal encroachment and expand the list of objects susceptible for committing the crimes under study. The adoption of the Resolution No. 37 of the Plenum of the Supreme Court of the Russian Federation of December 15, 2022, has to great extent ensured a uniform approach of the courts to consideration of such criminal cases; however, the existing problems have not been fully resolved.
Discussion and Conclusion. The findings obtained during the research indicate that the difficulties in qualifying unlawful access to computer information and crimes involving the use of malware stem from the technical complexity of the crimes under study and constant evolution of the methods of committing thereof, the imperfection of certain legal constructs of criminal law, and the lack of a uniform interpretation of the certain signs of corpus delicti. For solving the revealed problems, it is required to improve the criminal law and judicial practices, as well as enhance the quality of expert support of cybercrime investigations.

1. Gromov EV. Development of Criminal Legislation on Cybercrimes in Foreign Countries (USA, Great Britain, Germany, the Netherlands, Poland). Tomsk State Pedagogical University Bulletin. 2006;11(62):30–35. (In Russ.)

2. Shchepelkov VF. On the Qualification of Cybercrimes (in Light of the Clarifications of the Plenum of the Supreme Court of the Russian Federation). Criminal Law. 2023;6(154):70–79. (In Russ.)

3. Karchevskaya NI, Semenova IV. Integration of Criminal Acts under Chapter 28 of the Criminal Code of the Russian Federation into Extremist Activities. Magistrate Judge. 2025;(12):23-27. (In Russ.)

4. Dvoretsky MYu, Kopyryulin AN. Optimization of Criminal Liability and Problems of Qualification of Crimes in the Sphere of Computer Information. Tambov: Tambov State University named after G.R. Derzhavin; 2006. 212 p. (In Russ.)

5. Vitvitskaya SS, Vitvitsky AA, Isakova YuI. Cybercrimes: Concept, Classification, International Countering. Legal Order and Legal Values. 2023;1(1):126-136. (In Russ.) https://doi.org/10.23947/2949-1843-2023-1-1-126-136

6. Semenova IV, Kondrat IN. On Terminological Overload of Provisions of the Criminal Code of the Russian Federation within the Framework of Crimes Related to Digital Information. Magistrate Judge. 2025;(11):8–12. (In Russ.)

7. Lysak EA. Problems of Qualification of Computer Crimes. Polythematic Online Scientific Journal of Kuban State Agrarian University (Scientific Journal of KubSAU). 2013;(90):997–1006. (In Russ.)

8. Evdokimov KN. On Improving the Qualification of Crimes in the Field of Computer Information (Based on Judicial Practice). Russian Judge. 2025;(2):36–40. (In Russ.) https://doi.org/10.18572/1812-3791-2025-2-36-40

9. Lavitskaya MI, Krapchatova IN. The Structural and Content Characteristics of Chapter 28 of the Criminal Code of the Russian Federation: Legal Writing and Law Enforcement Problems of Constituent Elements of Crimes Involving Computer Information. Russian Investigator. 2021;(6):35–41. (In Russ.)

10. Kuzina SI, Sagiryan IG. Cyberterrorism as a Real Threat to the National Security of the Russian Federation. Legal Order and Legal Values. 2023;1(4):46–57. (In Russ.) https://doi.org/10.23947/2949-1843-2023-1-4-46-57

11. Bezrukov AV. Bezrukova OV. Crimes in the Field of Computer Information: Legal Analysis, Problems of Qualification. Epomen. 2020;(42):28–39. (In Russ.)

12. Russkevich EA. On Conjunction of Crimes in the Sphere of Computer Information with Other Crimes. Criminal Law. 2025;(4(176)):76–84. (In Russ.) https://doi.org/10.52390/20715870_2025_4_76

13. Nafikov MM. Problems of Qualification of Crimes in the Field of Computer Information. In: Proceedings of the II All-Russian Scientific and Practical Conference “Criminal Policy in the Context of Digital Transformation”. Kazan, April 27, 2023. Kazan: Otechestvo Publishing House; 2023. P. 117–123. (In Russ.)

14. Khatov EB. Cybercrime. Zakonnost (Legality). 2026;(3(1097)):46–49. (In Russ.)

15. Kharlamova AA, Shchetinina NV. The Crime under Part 2 of Art. 274.2 of the Criminal Code of the Russian Federation: Commentary on the Innovation.