КРИМІНАЛЬНО-ПРАВОВА ОХОРОНА ФУНКЦІОНУВАННЯ АВТОМАТИЗОВАНИХ СИСТЕМ В ОРГАНАХ ПРАВОСУДДЯ

Abstract

The Law of Ukraine № 2147-VІІІ of October 3, 2017 "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and other regulations" stipulates that changes to the title of Article 376-1 and the first paragraph 1of this article Criminal Code of Ukraine will be introduced from the date of operation of the Unified Judicial Information and Telecommunication System. It is established that the Unified Judicial Information and Telecommunication System begins to function 90 days after the publication by the State Judicial Administration of Ukrainein the news paper "Voice of Ukraine" and on the web-portal of the judiciary announcement of the establishment and operation of the Unified Judicial Information and Telecommunication System.

According to this law, the name and part 1 of Art. 376-1 of the Criminal Code of Ukraine are worded as follows:

"Article 376-1 Illegal interference in the work of automated systems in the bodies and institutions of the justice system

Intentional entry of false information or untimely entry of information into the Unified Judicial Automated Informationand Telecommunication System, аnother automated system operating in court, the High Council of Justice, the High Qualification Commission of Judges, the State Judicial Administration of Ukraine, their bodies, unauthorized actions in such systems, or other interference with the operation of such systems by an official who has the right to access that system, or by another person through unauthorized access to such systems."

The subject and objective manifestations of illegal interference in the work of automated systems in the bodies and institutions of the justice system are considered. The focus is on the subjects of the crime. A comparative analysis of the "new" and "old" editions of Part 1 of Art. 376-1 of the Criminal Code of Ukraine. The expediency of adjusting certain provisions of the disposition of Part 1 of Art. 376-1 of the Criminal Code of Ukraine. Own edition of part 1 of Art. 376-1 of the Criminal Code of Ukraine. The position on the total qualification of crimes is expressed.