Criminal law novel for violation of the legislation on personal data (Art. 2721 of the Criminal Code of Russia): design features of the composition and qualification issues

Abstract

The article examines various aspects of the technical and legal perfection of the novel of Article 2721 of the Criminal Code, introduced into criminal law by Federal Law No. 421-FZ dated 11/30/2024. It seems that there were no sufficient criminological grounds for expanding the criminalization of the chapter on computer crimes by constructing an independent corpus delicti. With the advent of Article 2721 of the Criminal Code, competition arose with Article 137 of the Criminal Code and Article 13.11 of the Administrative Code of the Russian Federation. The independent criminalization of storing personal data in electronic form as an act of moderate severity does not correspond to the nature and degree of public danger of the act. The lack of regulatory and legal regulation in the field of countering the illicit trafficking of programs designed for the illicit trafficking of computer information containing personal data makes it difficult to effectively enforce law enforcement, which requires amendments to the current legislation on the criminal cycle and operational investigative activities.