Implementation of foreign experience into Ukrainian legislation on combating cybercrime

The article is devoted to the study of the possibility and ways of implementing foreign experience in Ukrainian legislation on combating cybercrime. It is established that the issue of combating cybercrime acquires particular importance in the conditions of the introduction of martial law. Modern information wars are capable of causing damage comparable to or even greater than that caused by armed conflicts on the battlefield. In this regard, the subjects responsible for combating cybercrime must take all possible measures to minimize cyberattacks carried out by the enemy. It is noted that one of the key areas of improving the national legal system is the borrowing and implementation of international ideas, concepts and principles. The development and unification of regulatory legal acts aimed at combating cybercrime is one of the effective ways to strengthen the fight against these threats and develop international cooperation. It is concluded that the experience of the USA and France is extremely important for Ukrainian practice, since the concept of cybercrime in national law has not yet received a clear theoretical understanding and legislative consolidation. It is also necessary to clearly distinguish the types of cybercrimes depending on their impact and negative consequences for social processes in the state. If the first type of cybercrime according to the French classification is sufficiently regulated by the provisions of Chapter XVI of the Criminal Code of Ukraine, then the regulation of the second type requires a thorough study and implementation of effective approaches. It is concluded that effective monitoring of negative phenomena in cyberspace, in particular illegal activities, requires much more active international cooperation than existing measures to combat other forms of international crime. Therefore, in addition to improving and changing criminal law norms, there is a need to streamline procedural mechanisms and develop new formats of international partnership. In addition, one of the most priority areas for improving domestic legislation is the implementation of international experience through the implementation of foreign concepts, principles and legal models. The formation and harmonization of regulatory and legal support for the fight against cybercrime is an important condition for strengthening national cybersecurity and developing effective international cooperation in this area.

Authors

Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-07-04
DOI
https://doi.org/10.24144/2788-6018.2025.03.2.60
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Implementation of foreign experience into Ukrainian legislation on combating cybercrime

R. V. Zakharevych
Analytical and Comparative Jurisprudence
Ukrainian Legal and Forensic Studies
article

Implementation of foreign experience into Ukrainian legislation on combating cybercrime

R. V. Zakharevych
article en

Abstract

The article is devoted to the study of the possibility and ways of implementing foreign experience in Ukrainian legislation on combating cybercrime. It is established that the issue of combating cybercrime acquires particular importance in the conditions of the introduction of martial law. Modern information wars are capable of causing damage comparable to or even greater than that caused by armed conflicts on the battlefield. In this regard, the subjects responsible for combating cybercrime must take all possible measures to minimize cyberattacks carried out by the enemy. It is noted that one of the key areas of improving the national legal system is the borrowing and implementation of international ideas, concepts and principles. The development and unification of regulatory legal acts aimed at combating cybercrime is one of the effective ways to strengthen the fight against these threats and develop international cooperation. It is concluded that the experience of the USA and France is extremely important for Ukrainian practice, since the concept of cybercrime in national law has not yet received a clear theoretical understanding and legislative consolidation. It is also necessary to clearly distinguish the types of cybercrimes depending on their impact and negative consequences for social processes in the state. If the first type of cybercrime according to the French classification is sufficiently regulated by the provisions of Chapter XVI of the Criminal Code of Ukraine, then the regulation of the second type requires a thorough study and implementation of effective approaches. It is concluded that effective monitoring of negative phenomena in cyberspace, in particular illegal activities, requires much more active international cooperation than existing measures to combat other forms of international crime. Therefore, in addition to improving and changing criminal law norms, there is a need to streamline procedural mechanisms and develop new formats of international partnership. In addition, one of the most priority areas for improving domestic legislation is the implementation of international experience through the implementation of foreign concepts, principles and legal models. The formation and harmonization of regulatory and legal support for the fight against cybercrime is an important condition for strengthening national cybersecurity and developing effective international cooperation in this area.

Analytical and Comparative JurisprudenceVol. 2(3)
Openalex Percentile: Top 79%
Ukrainian Legal and Forensic Studies
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