If you think that spies exist only in a Hollywood movie about the cold war or Soviet films about scouts, you are deeply mistaken. In the modern world of espionage and his methods are actively developing. Political leaders of world powers cooperate with each other, clearly aware that mutual spying continues to this day in all spheres of life: politics, business. Special agents develop new modern methods of dealing with international and industrial espionage.
Under the espionage understand:
Information relating to the activities of legal entities and individuals, is valuable not only for the organizations and citizens, but also for their competitors and detractors. This is the reason of its disclosure or due to the interest of the persons or guidance on this law. Undisclosed information is the secret of this or that sphere of activity.
Forms of industrial espionage can be legal and illegal.
The Object of criminal attacks - legal relations emerging in the handling of information constituting a commercial secret. It is the information, not the media (disk, diskette, paper) on which it is located, is the subject of the crime .
The Attack on the secret information can be deliberately thought out in the case that the disclosure or use of these data is carried out by the person to whom the secret information become known at the time of execution of his official duties or duty (including the state).
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The espionage Charges against the people who, by their unlawful actions with the information can damage the business entities or civilians. You must know that the illegal disclosure of personal information against the will of individuals is a violation of his rights to the inviolability of his personal life, spelled out in the Constitution.
The Subject of a criminal assault or spy can be any person:
The Information constitutes a trade secret are data of any nature (economic, industrial, technical, political).
Bank and commercial secret have a common legal basis, but vary in volume and content characteristics. Bank secrecy has a set of special features, but it always has value and is therefore a kind of commercial secrecy.
The importance in the sphere of information constituting a secret of the banking sector, is the time that the provision of such information to the authorities and officials. The law provides a list of individuals and organizations with the ability to query data:
The Central Bank of the Russian Federation has no right to disclose information from the reports of commercial banks, obtained through the execution of its control functions. Audit organizations and their employees carrying out their professional activities, have no right to talk to unauthorized persons information about client transactions, accounts, deposits and liabilities to credit institutions.
Tax secrecy are almost all the inspectors received information about legal entities and citizens. The exception is:
The Information is secret when:
An Industrial secret allows the holder or distributor:
Information that cannot constitute a commercial secret shall be regulated by normative-legal acts:
Dissemination of sensitive information is regulated by the following laws:
The Objective side of industrial espionage is the gathering of information constituting a guarded secret. The methods can be very diverse. A necessary condition for the qualification of an act as espionage is the lack of free access to information and the adoption of all measures for the protection of classified information.
As methods of industrial espionage are:
The Current version of article 183 of the criminal code contains various penalties for spying. The severity of punitive measures depends on the composition of acts. The most strict punishment from two to seven years of imprisonment is provided for in a pinch.
|Penalty||Forfeiture of the right to occupy posts||Correctional||Forced|
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