Еволюція кіберзлочинності: як кримінальне право адаптується до цифрової ери?

In the scholarly article a thorough and interdisciplinary analysis is conducted on the transformations taking place within criminal law under the influence of rapid digitalization. The authors examine cybercrime not merely as a new form of criminal activity, but as a complex social and legal phenomenon that constantly evolves, becomes more sophisticated, and poses increasing challenges for law enforcement, legislators, and the international community. It is emphasized that cybercrimes today encompass an extremely wide range of offenses – from simple fraud to complex international money laundering schemes and the financing of terrorism. The article explores the main tools and technologies used in cyberspace to commit crimes, including cryptocurrencies (particularly Bitcoin and Monero), blockchain technology, the darknet, encryption software, phishing campaigns, and the use of artificial intelligence to create fake identities or falsify documents. The concept of ethical hacking is also considered, along with the role of so-called “white hat” hackers, who work within legal frameworks to improve cybersecurity. The authors analyze a series of real-life cases, both in Ukraine and abroad, which illustrate the scale, methods, and consequences of modern cybercrime. They highlight the transnational nature of cybercrime, which significantly complicates its detection, investigation, and prosecution – especially when national legal jurisdictions prove insufficient. Special emphasis is placed on the urgent need for a systemic update of criminal legislation. The authors convincingly argue that traditional legal tools are often inadequate or ineffective in the digital age. The paper addresses issues related to digital evidence, including the challenges of proper documentation, preservation, and admissibility in court. It also raises the important issue of the lack of unified international standards in the fight against cybercrime, which hinders intergovernmental cooperation. In this context, international legal instruments – particularly the Budapest Convention on Cybercrime – are reviewed, and the authors outline key areas where Ukraine must strengthen its participation in global initiatives. A comparative analysis of national approaches to combating cybercrime is also provided, focusing on countries such as the United States, Germany, the United Kingdom, and Estonia. The study identifies best practices and legal mechanisms that could be adapted to the Ukrainian legal system. Practical recommendations are presented, including the introduction of new criminal offenses, the adaptation of procedures for handling digital evidence, and the development of a regulatory framework to facilitate cooperation between law enforcement and private cybersecurity firms. Overall, this article represents a significant contribution to the development of modern legal scholarship. It not only identifies the most pressing problems related to cybercrime and criminal law but also proposes realistic and actionable solutions. The material is of particular interest not only to legal scholars and practitioners but also to IT specialists, cybersecurity policymakers, international legal experts, and all those engaged in building a secure and legally sound digital environment.