Using digital technologies in the stock market: The criminal law aspect

Under sanctions, digital services and products that are not affected by restrictions are of particular interest to unqualified investors of the Russian stock market. The possibility of illegal use of digital technologies in the stock market has not gone unnoticed by people with criminal intent. This...

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Main Authors: E. Yu. Komova, E. L. Sidorenko
Format: Article
Language:English
Published: Цифровое право 2023-05-01
Series:Цифровое право
Subjects:
Online Access:https://www.digitallawjournal.org/jour/article/view/134
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author E. Yu. Komova
E. L. Sidorenko
author_facet E. Yu. Komova
E. L. Sidorenko
author_sort E. Yu. Komova
collection DOAJ
description Under sanctions, digital services and products that are not affected by restrictions are of particular interest to unqualified investors of the Russian stock market. The possibility of illegal use of digital technologies in the stock market has not gone unnoticed by people with criminal intent. This article analyzes the already existing illegal practices in the stock market of using digital technologies and services, and also identifies criminal legal risks of their potential development in the future. The authors use general scientific methods of research as synthesis, analysis, induction, deduction, classification, as well as special methods (systematical, structural and dogmatical, as well as content analysis methods) based on a wide range of judicial practice. As a result, the authors formulate the following main areas of using digital technologies in the stock market for criminal purposes: 1) obtaining unauthorized access to users’ personal accounts; 2) organizing the activities of financial pyramids and illegal forex dealers; 3) fraudulent activity through the marketing of financial services by illegal financial market participants; 4) using artificial intelligence for the purposes of false trading. It has been established that the measures currently taken by supervisory and law enforcement agencies are not sufficient to protect unqualified investors from the criminal actions of malefactors. At the same time, the need to strengthen control over the use of digital technologies will require finding a balance between minimizing risks by government agencies and continuing to actively use new technologies on the Russian stock market.
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spelling doaj.art-14dc98213eaf40a29f556d06c2d131812023-10-11T13:27:47ZengЦифровое правоЦифровое право2686-91362023-05-0141748510.38044/2686-9136-2023-4-1-74-8578Using digital technologies in the stock market: The criminal law aspectE. Yu. Komova0E. L. Sidorenko1State Development Corporation “VEB.RF”Moscow State Institute of International Relations (MGIMO-University)Under sanctions, digital services and products that are not affected by restrictions are of particular interest to unqualified investors of the Russian stock market. The possibility of illegal use of digital technologies in the stock market has not gone unnoticed by people with criminal intent. This article analyzes the already existing illegal practices in the stock market of using digital technologies and services, and also identifies criminal legal risks of their potential development in the future. The authors use general scientific methods of research as synthesis, analysis, induction, deduction, classification, as well as special methods (systematical, structural and dogmatical, as well as content analysis methods) based on a wide range of judicial practice. As a result, the authors formulate the following main areas of using digital technologies in the stock market for criminal purposes: 1) obtaining unauthorized access to users’ personal accounts; 2) organizing the activities of financial pyramids and illegal forex dealers; 3) fraudulent activity through the marketing of financial services by illegal financial market participants; 4) using artificial intelligence for the purposes of false trading. It has been established that the measures currently taken by supervisory and law enforcement agencies are not sufficient to protect unqualified investors from the criminal actions of malefactors. At the same time, the need to strengthen control over the use of digital technologies will require finding a balance between minimizing risks by government agencies and continuing to actively use new technologies on the Russian stock market.https://www.digitallawjournal.org/jour/article/view/134stock marketdigital technologiescriminal manifestationsfinancial pyramidspseudo-brokersartificial intelligenceroboadvising
spellingShingle E. Yu. Komova
E. L. Sidorenko
Using digital technologies in the stock market: The criminal law aspect
Цифровое право
stock market
digital technologies
criminal manifestations
financial pyramids
pseudo-brokers
artificial intelligence
roboadvising
title Using digital technologies in the stock market: The criminal law aspect
title_full Using digital technologies in the stock market: The criminal law aspect
title_fullStr Using digital technologies in the stock market: The criminal law aspect
title_full_unstemmed Using digital technologies in the stock market: The criminal law aspect
title_short Using digital technologies in the stock market: The criminal law aspect
title_sort using digital technologies in the stock market the criminal law aspect
topic stock market
digital technologies
criminal manifestations
financial pyramids
pseudo-brokers
artificial intelligence
roboadvising
url https://www.digitallawjournal.org/jour/article/view/134
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