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International conference organized by "JurInfoR-MSU" Institute for Contemporary Education, “JurInfoR” center, the Criminalists and Criminologists’ Union (Moscow), and the U.S. Department of Justice, 20-21 May, 1997, Moscow

On combating new types of economic crimes in Russia and the United States

Combating organized forms of criminal infringements on informational security of non-state economic subjects (criminological and criminal law aspect)

Alexandr Mikhailovich Orlovsky

In view of the transition of Russia to new economic relations and the establishment of a new social formation, the matter of ensuring economic security both at the national level and at the level of separate economic subjects has acquired a special acuteness. Hence a great importance is being attached to the problem of security of confidential information of an enterprise of any form of property. At present there is a great amount of “leakage” of commercial secrets into the interested hands both abroad and inside the country, which undermines the normal functioning of Russia’s national economy. The organized criminal structures, that arose in the country after the collapse of Russia , are actively promoting the criminal turnover of commercial secrets, doing a considerable amount of harm to the informational security of non-state economic subjects as a constituent part of Russian economy. Apart from that the analysis of the intelligence-subversive activity of foreign special services shows that the objects of the economy of Russia — both state and non-state- still remain the aim of their aspirations. The insuffiecient level of combating effectiveness of criminal law measures in the sphere of protection of confidentional information is incompatible with the requirements of contemporary Russian society. Criminalization, undertaken by the new Criminal Code of the Russian Federation of certain criminal deeds infringing on the security of the information of non-state economic subjects, has not, unfortunately, been sufficiently developed and requires additional implementation in legislation. Also, mention should be made of the absence of coordination of actions directed at protection of the information of the state legal services , the services ensuring security of non-state economic subjects and the managers of such enterprises, as well as the gaps in the organizational-personnel aspects in their work, which serve as a wide channel for illegal “leakage” of information from their enterprises. The number of R&D in the sphere of protection of information is not up to the mark from the point of view of comtemporary requirements. There is no sufficient clarity as to the notions related to this sphere, also there exists difference of opinion in legislation. The above-said testifies to the fact that there is a necessity to go into thorough and comprehensive scientific development of the given problem.

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