THE CONCEPT OF MALICIOUS COMPUTER PROGRAMS: THEORETICAL AND METHODOLOGICAL PROBLEMS AND WAYS TO RESOLVE THEM

Abstract

The article examines the theoretical and methodological problems of defining the concept of «malicious computer programs» in the context of the current state of criminal legislation, criminology and operational-investigative activities. The relevance of the work is due to the absence of a unified conceptual framework, which leads to terminological inconsistency in normative legal acts, scientific doctrine and law enforcement practice. The author carries out a semantic and comparative legal analysis of such definitions as «malicious program», «malicious computer program» and «malware», as well as examines approaches to their definition in technical and legal sciences. Based on the results of the study, the author's definition of a malicious computer program is formulated, ways to unify terminology at the normative level are proposed, as well as recommendations for the use of the term «malicious computer programs» as a basic legislative category.