The prosecution authorities carry out prosecutorial supervision at the stage of initiating criminal proceedings for crimes in the sphere of computer information, as well as for investigating crimes in the sphere of computer information.
The prosecutor must carefully check the legality of the initiation of criminal cases and evaluate the submitted materials. Studying the submitted materials, the prosecutor must make sure that the facts stated in statements, materials of the departmental and other verification of the violation of the integrity (confidentiality) of information in the computer system, network are objectively confirmed; about the presence of a causal link between the illegal actions and the consequences provided for by the disposition of Art. 272 and 274 of the Criminal Code of the Russian Federation, in the form of copying, destruction, modification, blocking of information (to initiate a criminal case under Article 273 of the Criminal Code of the Russian Federation, the onset of such consequences is not necessary); about the preliminary amount of damage caused by criminal acts.
The supervising prosecutor needs to verify the completeness of the materials, the legitimacy of their receipt and subsequent submission to the investigating authority.
Given the complexity of investigating computer-related crimes, the low qualifications of investigators, the need to use special knowledge in investigations, prosecutorial oversight of investigating these crimes should be carried out throughout the entire period of investigation.
Given the characteristics of the category of crimes under consideration, the prosecutor should carefully examine the evidence gathered during the preliminary investigation, which should be fully established by all the circumstances provided for in Art. 73 Code of Criminal Procedure. At the same time, as noted earlier, the composition of the crimes provided for by Chapter 28 of the Criminal Code of the Russian Federation, in addition to the main features of a crime, determines the causal link between the act and theconsequences.
Studying a criminal case during the investigation, the prosecutor must establish whether these expert opinions fully answer the questions put by the investigator, whether all the necessary questions are put to the expert and whether the information contained in the expert’s opinion is enough to confirm the circumstances of the crime. Undoubtedly, the supervising prosecutor should have special knowledge of the types of forensic examinations conducted in criminal cases of this category, and give appropriate recommendations to the head of the investigative body.
If the prosecutor reveals a violation that has already been committed during the preliminary investigation, he must use the powers granted to him by the Criminal Procedure Code of the Russian Federation and make a request to eliminate the violations committed during the preliminary investigation.
In accordance with Art. 221 of the Criminal Procedural Code of the Russian Federation, the prosecutor or his deputy must consider the received criminal case within a period not exceeding ten days and take one of the following decisions:
- on the approval of the indictment and the direction of the criminal case to the court;
- on the return of the criminal case to the investigator for additional investigation, changing the scope of the prosecution or qualifying the actions of the accused or re-drafting the indictment and eliminating the identified deficiencies with their written instructions;
- on the direction of the criminal case to a higher prosecutor for the approval of the indictment, if it is subject to the jurisdiction of the higher court.
The prosecutor in accordance with paragraph. 2 h. 1 Article 221 of the Code of Criminal Procedure has the right to return the criminal case to the investigator for additional investigation, changing the scope of the prosecution or qualifying the actions of the accused or reconsidering the indictment and eliminating the identified deficiencies with their written instructions.
Currently, the court does not have such a right, but it can return the criminal case to the prosecutor, if there are grounds provided for by Art. 237 Code of Criminal Procedure, which, as a rule, testifies to inadequate prosecutor’s supervision over the course of the preliminary investigation.
The hosting provider is obliged to provide data that allows identifying the owner of the news aggregator or audio-visual service.
The hosting provider is obliged to notify the site owner serviced by him on the Internet about the need to remove a web page containing information whose distribution in the Russian Federation is prohibited.
If information is found in information and telecommunication networks, including the Internet, expressing in an indecent form that offends human dignity and public morality, obvious disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation or to the authorities exercising state power in the Russian Federation, the hosting provider is obliged to inform the information resource owner that they serve ask him to immediately remove such information.
In case of failure or inaction of the owner of an information resource, the hosting provider is obliged to limit access to the relevant information resource immediately after the expiration of the day from the date of receipt of the notification about it. The hosting provider is obliged to limit access to the information resource that disseminates information that violates copyright and related rights no later than the expiration of three working days from the date of receipt of the relevant notice.
Within one working day from the date of receipt from Roskomnadzor of a notice of cancellation of measures to restrict access to an information resource, the hosting provider is obliged to inform the owner of the information resource and notify about the possibility of lifting the access restriction.
In the case of detection in information and telecommunication networks, including the Internet, the information disseminated in violation of the law, i.e. containing calls for mass riots, extremist activities, participation in mass (public) events held in violation of the established procedure, inaccurate socially important information distributed under the guise of reliable messages, which createsa threat of harm to life and / or citizens’ health, property, the threat of mass violation of public order and (or) public safety or the threat of interfering with the functioning or termination of the functioning of life transport or social infrastructure, credit organisations, energy facilities, industry or communications, information materials of a foreign or international non-governmental organisation whose activity is considered undesirable in the territory of the Russian Federation, the hosting provider is obliged to inform the hosting provider about the information owner of the information resource served by them and notify him of the need to immediately remove unlawfully distributed information.
The hosting provider is obliged to notify the owner of the information resource serviced by him about the need to immediately take measures to eliminate violations of the legislation of the Russian Federation in the field of personal data, or take measures to restrict access to information processed in violation of the legislation of the Russian Federation in the field of personal data.
At the request of Roskomnadzor, the hosting provider is obliged to provide data allowing identification of the owner of software and hardware access to information resources, information and telecommunication networks, access to which is restricted.
Federal Law of 27.07.2006 N 149-ФЗ (as amended on 18.03.2019) “On Information, Information Technologies and on Information Protection”.