Transformation Of General-Theoretical Category "Offence" In The Internet Era

Abstract

Steadily growing Internet trade and calculations in electronic money on the Internet create new difficulties of protection of the rights within national legal systems. Despite the legislation is becoming stricter in terms of the procedure of electronic payments and the appropriate license is needed, some payment service providers work illegally. The owners of the exclusive rights to goods delivery and trademarks bear losses due to Internet trade, that allows purchasing goods remotely, that means out of the jurisdiction of the national right of the exclusive distributor. More and more daily functions are shifted from the human who is competent and delictual to robots and "artificial intelligence", which don’t have any rights and duties in legal understanding. It has significant effect on the content and element of offense. The issue goes to the subject of offense as it is not always possible to establish if it is an undelictual human owing to various factors. More and more offenses have cross-border nature. Working within the national legal system of one state, the companies in parallel violate the rights and the interests of competitors protected by the legislation of another state. There is a necessity to develop international legal system that enables to protect effectively all the participants of the world market. International cooperation within cybercrime is not sufficient as it covers only the most serious crimes in virtual networks, disregarding more serious offenses.