Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Mechanism of Legal Regulation of Fight against Cybercrime in Ukraine

Author(s): Iryna Serkevych, Iryna Yevkhutych, Iryna Hazdayka-Vasylyshyn, Taras Sozanskiy, Oleksiy Pasyeka

The article provides a theoretical generalization and a new solution to the scientific problem, which consists in determining the theoretical and legal foundations of the legal regulation of the fight against cybercrime. Cybercrime is the most dangerous cyberoffences, the commission of which at various stages is directly related to the use of computer technology through computer systems, or to computer systems, and for which the current legislation provides for criminal liability. The system of features of the fight against cybercrime is defined as two-level. The general ones, that is, characteristic of the phenomenon of the fight against crime as a whole, include the following: (1) activity; (2) determination; (3) collection; complexity. In the process of analyzing the legal doctrine, the following are distinguished as special ones, namely characteristic exclusively of the fight against cybercrime: (1) a sign of the possibility of a counter attack from the side of cybercriminals; (2) a sign of commitment by exclusively competent entities possessing the specialized knowledge and necessary resources; (3) a sign of inter-statehood; 4) a sign of unity of states. Three main tendencies in the development of legal regulation of the fight against cybercrime in Ukraine are identified: (1) the tendency of development of the legal framework and terminology in the fight against cybercrime in Ukraine; (2) the tendency of intensifying international cooperation in the fight against cybercrime in Ukraine; (3) the tendency of increasing the level of control over Internet users.