Violation of computer operating rules

ST 274 of the Criminal Code of the Russian Federation.

1. Violation of the rules for operating means of storing, processing or transmitting protected computer information or information and telecommunication networks and terminal equipment, as well as rules for access to information and telecommunication networks, resulting in the destruction, blocking, modification or copying of computer information, causing major damage, is punishable a fine in the amount of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or correctional labor for a term of six months to one year, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same period.

2. The act provided for in the first part of this article, if it entailed grave consequences or created the threat of their occurrence, is punishable by forced labor for up to five years or imprisonment for the same term.

Punishment for violating the rules for operating computer information storage facilities

For committing a crime under Article 274 of the Criminal Code of the Russian Federation, various types of punishment are provided, both in the form of a fine and imprisonment.

For example, for violating the rules of access to information and telecommunication networks, if such violations led to the destruction of information and caused damage in excess of 1,000,000 rubles, the maximum penalty is imprisonment for up to 2 years, the minimum penalty is a fine of up to 500,000 rubles.

The maximum penalty for committing this crime is imprisonment for a term of up to 5 years.

Participation of a qualified computer crime lawyer in a criminal case under Art. 274 of the Criminal Code of the Russian Federation will allow you to avoid receiving the maximum punishment provided for in this article.

Commentary to Art. 274 Criminal Code

1. The objective side is characterized by an act in the form of action or inaction, consisting of a violation of the rules for the operation of means of storing, processing or transmitting protected computer information or information and telecommunication networks and terminal equipment, or the rules of access to information and telecommunication networks. These rules are mandatory technical rules developed by equipment manufacturers, software developers, equipment maintenance services, and authorized government agencies.

2. Material elements of the crime; two consequences are assumed, occurring one after another and causally related. The first is described in the law as the destruction, blocking, modification or copying of computer information (see commentary to Article 272 of the Criminal Code), which, in turn, causes the second consequence in the form of major damage (note 2 to Article 272 of the Criminal Code).

3. The subjective side can be characterized by both intentional and careless forms of guilt.

4. Special subject of the crime: a person obliged to comply with the relevant rules.

5. The grave consequences in Part 2 are similar in content to the corresponding feature in Part 3 of Art. 273 CC.

Second commentary to Art. 274 of the Criminal Code of the Russian Federation

1. Since the disposition of the article is blanket, when qualifying it is necessary to refer to the relevant paragraphs of various rules, which may be contained in by-laws: Decree of the Government of the Russian Federation of September 10, 2007 No. 575 “On approval of the Rules for the provision of telematic communication services”; departmental acts: “Methodological document. Information protection measures in state information systems" (approved by FSTEC of Russia on February 11, 2014); Order of the FSB of the Russian Federation No. 416, FSTEC of the Russian Federation No. 489 dated August 31, 2010 “On approval of the Requirements for the protection of information contained both in public information systems” and local acts ensuring information security at specific enterprises and organizations, for example, “Policy information security "Gazprombank" (Open Joint Stock Company)".

2. The objective side is expressed in actions or inactions that violate the rules of operation of the specified facilities, networks and terminal equipment or the rules of access to information and telecommunication networks, and the consequences in the form of major damage from the destruction, blocking or copying of computer information caused by violation of the relevant rules.

3. The crime is completed with the onset of consequences in the form of destruction, blocking or copying of computer information (consequences of the first order), which causes large property damage (over 1 million rubles), i.e. second order consequences.

4. The subjective side can be expressed in both intentional and careless forms of guilt.

5. The subject of the crime is a special one: a person who is obligated to comply with the rules of operation of the specified facilities, networks and terminal equipment or the rules of access to information and telecommunication networks,

6. The qualifying feature is the infliction of grave consequences or the creation of a threat of their infliction (see commentary to Part 4 of Article 272 of the Criminal Code).

Article 274. Dissemination of knowingly false information

1. Dissemination of knowingly false information that creates a danger of disturbing public order or causing significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state is punishable by a fine in the amount of up to one thousand monthly calculation indices or correctional labor in the same amount, or restriction of liberty for a term of up to one year, or imprisonment for the same period.

2. The same act committed:

1) by a group of persons by prior conspiracy;

2) by a person using his official position;

3) using the media or information and communication networks, is punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term of two to five years, or imprisonment for the same term. .

3. Acts provided for in parts one or two of this article, which entailed causing major damage to a citizen, organization or state or other grave consequences, are punishable by a fine in the amount of up to seven thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term from three to seven years, or imprisonment for the same period.

4. Acts provided for in parts one, two or three of this article, committed:

1) a criminal group;

2) in a state of emergency or in a combat situation, or in wartime, or during public events, - shall be punished by imprisonment for a term of five to ten years.

Article 275. Illegal export of technologies, scientific and technical information and services used in the creation of weapons of mass destruction, weapons and military equipment

Illegal export of technologies, scientific and technical information and services that can be used in the creation of weapons of mass destruction, their means of delivery, weapons and military equipment and in respect of which special export control has been established, is punishable by imprisonment for a term of three to seven years with confiscation of property or without it.

Article 276. Violation of safety rules at nuclear energy

1. Violation of safety rules during the siting, design, construction, commissioning, operation, repair, decommissioning of nuclear energy facilities, as well as when handling nuclear materials, radioactive substances, radioactive waste or sources of ionizing radiation, if this act entailed by negligence causing moderate harm to human health is punishable by a fine in the amount of up to two hundred monthly calculation indices, or correctional labor in the same amount, or involvement in public works for a term of up to one hundred and eighty hours, or arrest for a term of up to sixty days, with deprivation of rights hold certain positions or engage in certain activities for a period of up to two years.

2. The same act, which through negligence entailed the infliction of grievous harm to human health, is punishable by a fine in the amount of up to three thousand monthly calculation indices, or correctional labor in the same amount, or restriction of liberty for a term of up to three years, or imprisonment for the same term. , with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

3. The same act, which through negligence resulted in the death of a person or radioactive contamination of the environment or other grave consequences, is punishable by imprisonment for a term of five to ten years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. .

Article 277. Violation of safety rules during mining or construction work

1. Violation of safety rules for conducting mining or construction work, if this entailed through negligence the infliction of grave or moderate harm to human health, is punishable by a fine in the amount of up to two thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term of up to two years, or imprisonment for the same period, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

2. The same act, which through negligence resulted in the death of a person or other grave consequences, is punishable by imprisonment for a term of up to six years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

3. An act provided for in the first part of this article, resulting through negligence in the death of two or more persons, is punishable by imprisonment for a term of three to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.