Establishment of criminal liability for cybercrimes in Ukraine

This study reveals the current issues of countering cybercrimes in Ukraine and explores the genesis of the establishment of criminal liability for these crimes in domestic legislation. At the current stage of development, cybercrime is one of the biggest global threats, both for Ukraine and for the whole world, which is why the study of criminal liability for cybercrimes in Ukraine has become so relevant and widespread. The authors of this study analyzed the regulatory framework for countering cybercrimes and the establishment of criminal liability for these crimes. In particular, the features of criminal liability for cybercrimes in the context of a full-scale invasion were considered, namely, the strengthening of measures for the information security of Ukraine. The provisions of the Criminal Code of Ukraine regarding the establishment of criminal liability for cybercrimes were analyzed in detail. Types of criminal offenses and corresponding types of punishments are determined, namely: fine, restriction of liberty, correctional labor, probation supervision, imprisonment, deprivation of the right to hold certain posts or engage in certain activities under the articles of the Criminal Code, taking into account aggravating circumstances. Particular attention in the work was focused on the analysis of the content of the drafts of the new Criminal Code of Ukraine, in particular, the fundamental differences from the current legislation were determined, namely the levels of punishment depending on the severity of the crime and others. Thus, this article determines the specific features of criminal liability for cybercrimes in accordance with the current Criminal Code of Ukraine (2001), analyzes the content of the draft Criminal Code of Ukraine dated 01.08.2024, developed by the Working Group on the Development of Criminal Law and compares it with the current legislation, which allows determining the features of reforming criminal legislation in the field of cybercrimes in accordance with dynamic changes in the security environment