Concepts and Types of Cyber Offenses in Criminal Law

Abstract. The article is devoted to the study of the concept and classification of cyber offenses in criminal law. The author analyzes different approaches to defining the terms "computer crimes", "cyber crimes", "Internet crime" and others, emphasizing the difference in their application in legal science. Special attention is paid to the positions of scientists regarding the interpretation of cybercrime and its place in the field of criminal law. The author states that two approaches to understanding cybercrimes have been formed today, narrow and broad. The narrow approach focuses on the protection of information security, while the broad approach covers all types of offenses committed using information and telecommunication technologies. The lack of a unified approach to the definition of cybercrimes has a negative impact on the practice of countering these criminal acts. The author emphasizes the importance of unifying the conceptual apparatus and adapting criminal legislation to new challenges in the field of cyber security. The article examines international legal acts, in particular the Convention on Cybercrime, which defines five groups of crimes, including crimes against the confidentiality, integrity and availability of computer data, as well as crimes related to content and copyright infringement, as well as national legislation, in particular the Criminal Code of Ukraine and the Law "On Basic Principles of Ensuring Cybersecurity of Ukraine" The analysis of various classifications of cybercrimes proposed by scientists, which cover violations of constitutional rights, property rights, public morality and state security, is carried out. In conclusion, the author emphasizes the importance of adapting national legal systems to the rapidly changing conditions of the digital age and developing new legal tools to protect against cybercrimes. The main conclusion is the need for a wider recognition and definition of cybercrime in order to effectively understand and counter these criminal acts at the national and international levels. Key words: cyberspace; cybercrime; computer crimes; cybercrime; the Internet; criminal responsibility.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2024-12-11
DOI
https://doi.org/10.23939/law2024.44.325
Citations
1
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
2.23
Controls
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article

Concepts and Types of Cyber Offenses in Criminal Law

Roman Shak
1 citations
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Ukrainian Legal and Forensic Studies
2.23
article

Concepts and Types of Cyber Offenses in Criminal Law

Roman Shak
article en
1 citations

Abstract

Abstract. The article is devoted to the study of the concept and classification of cyber offenses in criminal law. The author analyzes different approaches to defining the terms "computer crimes", "cyber crimes", "Internet crime" and others, emphasizing the difference in their application in legal science. Special attention is paid to the positions of scientists regarding the interpretation of cybercrime and its place in the field of criminal law. The author states that two approaches to understanding cybercrimes have been formed today, narrow and broad. The narrow approach focuses on the protection of information security, while the broad approach covers all types of offenses committed using information and telecommunication technologies. The lack of a unified approach to the definition of cybercrimes has a negative impact on the practice of countering these criminal acts. The author emphasizes the importance of unifying the conceptual apparatus and adapting criminal legislation to new challenges in the field of cyber security. The article examines international legal acts, in particular the Convention on Cybercrime, which defines five groups of crimes, including crimes against the confidentiality, integrity and availability of computer data, as well as crimes related to content and copyright infringement, as well as national legislation, in particular the Criminal Code of Ukraine and the Law "On Basic Principles of Ensuring Cybersecurity of Ukraine" The analysis of various classifications of cybercrimes proposed by scientists, which cover violations of constitutional rights, property rights, public morality and state security, is carried out. In conclusion, the author emphasizes the importance of adapting national legal systems to the rapidly changing conditions of the digital age and developing new legal tools to protect against cybercrimes. The main conclusion is the need for a wider recognition and definition of cybercrime in order to effectively understand and counter these criminal acts at the national and international levels. Key words: cyberspace; cybercrime; computer crimes; cybercrime; the Internet; criminal responsibility.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 11(44)
Peace, Justice and strong institutions
Openalex Percentile: Top 9%
Ukrainian Legal and Forensic Studies
2.23
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