ТЕОРЕТИКО-ПРАВОВИЙ АНАЛІЗ ПОНЯТЬ «КІБЕРЗЛОЧИН» І «КІБЕРЗЛОЧИННІСТЬ»

Abstract

There is a rapid development of information technologies, which leads to changes in the economic, social, cultural and political spheres in the world including Ukraine. On the one hand, such dynamic development is very positive, but, on the other hand, the use of computer technologies can lead to harm to people, violation of public order, creating a threat to the national security of the country and the world in the whole.

The authors of the article point out that due to the lack of definitions of such key concepts as “cybercrimes” and “cybercrime” in the current Ukrainian legislation, scholars pay much attention to the research of these terms. Thus, cybercrimes they determine as: 1) interference in the work of telecommunication networks, computer software that function in their environment; 2) unauthorized modification of computer data; 3) the totality of socially dangerous actions connected with the violation of the right of ownership on information and information technologies, the right to receive and disseminate in time the reliable and complete information, etc.

Thus, cybercrime is understood as the totality of crimes that are committed in virtual space with the assistance of computer systems or by using computer networks and other ways of access to virtual space, as well as against computer systems, computer networks and computer data.

The improvement of the current legislation through the harmonization and consolidation of the main key concepts such as “cybercrime”, “cybercrimes”, “cyberterrorism”, will allow us to define the boundaries of cybercrime as one of the dangerous social phenomenon on a global scale and adequately assess the actions of persons, who are involved in the commission of cybercrimes.