Kyrbyat'yev O. Criminal liability for the creation of harmful software or technical tool with the aim of use, dissemination or sale

The work is devoted to research of issues of criminal liability for the creation of harmful software or technical tool with the aim of use, dissemination or sale. The thesis analyzed the prerequisites of criminalization of acts according to Art. 361-1 of the Criminal Code of Ukraine, it is given the historical development of criminalization in foreign countries. It is analyzed and formulated the objective and subjective elements of crime. A new title of issue XVI of the Special part of Criminal Code of Ukraine is suggested. The necessity of decriminalizing of acts on the creation of harmful software or technical tool with the aim of use.