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TO THE QUESTION ABOUT THE ESSENCE OF SCIENTIFIC FRAUD

A. Gutorova, M. Urda, S. Sheveleva

Abstract

The goal of study is determining the conception of scientific fraud and its regulation by the norms of criminal law. The most dangerous delicts in international law received were named international frauds. To such deeds are related cyber crimes corruption, frauds with using official position, unfair commercial action, but such type of crime as scientific fraud did not get a normal consolidation. Even if this action has an international character, and brings not only material, but moral damage and brings treat to the rules of law. Partially protection of the rights in this sphere is determined by the norms of author's rights, what from our point of view is not enough. Criminal law takes into attention responsibility for frauds, what is fixed in the norms of international, as well as internal laws. But the actions that are named scientific frauds do not have a regulatory consolidation. Internal law of many countries foresees criminal cases for plagiary. From our point of view scientific fraud has a larger meaning and it has to have its own fixation in internal and international criminal law. For this there have to be developed appropriate rules that will fix the understanding of scientific fraud, the classification of actions under this concept and sanctions provided for such crimes. Besides, it is necessary to fix in details the mechanism of prosecution, without it the standards will not change the situation. This mechanism has to be involved into practice, that's why it is necessary its strict regulation.

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