COMPARATIVE ANALYSIS OF THE LEGISLATIVE EXPERIENCE OF THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES IN THE FIELD OF CRIMINAL LAW PROTECTION OF INFORMATION SECURITY

Abstract

The study of the topic of criminal law protection of information security is aimed at considering some aspects of the development and improvement of national criminal legislation in the light of the emergence of new technologies, the introduction of digitalization achievements in various spheres of public life, including in the field of public services. Ensuring information security as an integral component of the national security of the country includes not only legislative, but also law enforcement activities on the part of state bodies. The paper describes the normative legal acts on the studied research topic, as well as the mechanisms for their implementation. The essence of the content of the concept of "information" as an object of information security is considered, based on the ideas of domestic as well as foreign researchers in this field. The authors of the article support the need for compliance of the adopted legislative acts in the studied sphere of public relations with the rights and legitimate interests of citizens established in the Constitution of Kazakhstan. In this regard, it is important to consider international documents in terms of establishing their basic terminology and mechanisms for protecting information security. The experience of the CIS member states or those with common historical experience in the development of legislation with Kazakhstan is particularly indicative. In this regard, it is possible to distinguish the approaches of countries on the criminal law protection of information security in terms of allocating the relevant provisions of legislation into a separate chapter or section or regulating the issue under study based on the provisions of various chapters, depending on the qualification of the offense. The legislation of various states uses terminology ("Cybercrime", "Crimes against information security", etc.) in determining responsibility for violating the provisions regarding the topic of study. The paper provides statistical material indicating the need to carry out activities to ensure that the current information security protection mechanism complies with technologies that allow it to be violated.