2024, Vol. 3, No. 3. - go to content...

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Slusareva T.G., Kumratov A.R. A new look at circumstances aggravating administrative punishments in the context of digital transformations. Journal of Social Policy, Population Preservation and Reproductivity. 2024; 3(3). Available at: https://spnjournal.ru/PDF/02SPN324.pdf (in Russian).

A new look at circumstances aggravating administrative punishments in the context of digital transformations

Slusareva Tatiana Gennadevna
Nevinnomyssk State Humanitory and Technical Institute, Nevinnomyssk, Russia
E-mail: slutanya@mail.ru
RSCI: https://elibrary.ru/author_profile.asp?id=759095

Kumratov Artur Rashidovich
Russian Presidential Academy of National Economy and Public Administration, Stavropol, Russia
E-mail: za.kumratova@gmail.com

Abstract. The widespread development of information technologies and their introduction into all spheres of society inevitably leads to the emergence of serious problems that significantly affect the security of the individual, society and the state. The number of illegal acts committed using information and telecommunication technologies and the Internet is steadily growing every year, which requires an appropriate response from the legislator. Digital transformations, which greatly simplify the lives of members of society, inevitably affect the mechanism of legal regulation, including legal liability. The state must respond with a high degree of severity to offenses committed using information technologies. Currently, the problems of assigning administrative penalties are the object of close attention from representatives of the science of administrative law. However, the development of the issue of including in the list such a circumstance aggravating punishment as the use of information technologies and the Internet is not visible. Any offense committed using high technologies must be assessed by the law enforcement officer taking into account the aggravating circumstances. This will allow us to keep up with the times, meet the needs of the dynamically developing information society in Russia and, finally, will contribute to ensuring the information security of the state as a whole. Supplementing the list of aggravating circumstances contained in Article 4.3 of the Code of Administrative Offences of the Russian Federation with a new circumstance related to the use of information and communication technologies and the Internet in committing an administrative offence will have a positive effect on the mechanism of legal regulation of administrative liability issues and will meet the modern needs of the state and society.

Keywords: administrative offence; information and communication technologies; information society; administrative penalties; public administration; principle of individualization of punishment; circumstances aggravating administrative penalties; administrative responsibility

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