V. Bachila, V. Kozlov
A High School Professional Training in Sphere of Computer Criminality Counteraction
With the appearance of modern remedies of computer engineering and telecommunications traditional crimes - larceny, swindle or fraud, embezzlement are transformed to new forms.
Special new crimes for computer systems and networks are being discovered and revealed.
There are tendencies to use information technologies by the organized criminal groups and spreading of their activity on an interstate level. In these conditions employees of law-enforcement agencies during warning, disclosure and investigation of computer crimes or e-crimes inevitably face some specific difficulties. The obstacles include: high latency of the illegal actions data; difficulties in gathering of evidence to establish actual circumstances of the case; difficulties which occur during proving some facts at court; absence of the elaborated techniques on revealing and disclosure of crimes and as a result low competitiveness in the mentioned above questions of employees of the Regional Institutions of Internal Affairs, State Security Committee, financial investigations, Customs State Committee, Office of Public Prosecutor, courts. Therefore the practice of counteraction of computer crime in Byelorussia in many ways depends on solution of a problem of organizational and scientific - methodical ensuring the system of preparation of judicial staff. In our opinion, this can be realized and implemented by introducing into academic curriculum of judicial Institutions of Higher Education a new course “The Basis of prevention, disclosure and investigation of the e-crime ”. The course is offered to those, who hold a degree in radio electronics (Appendix #1).
Nowadays he training system of judicial staff in Byelorussia has a two-level structure.
The first level. Getting base judicial education in judicial - prosecutor-investigation or an operative - search specialization. This requires staff training in judicial Institutions of Higher Education and Specialized educational institutions of the Ministry of Internal Affairs and KGB of Byelorussia.
The second level. Improvement of professional skills of experts in the field of criminal procedure or operative - search activity. This training is carried out within the framework of the Institute of retraining and professional skills improvement of the employees of prosecutor offices, courts and Institutions of Justice of Byelorussia State University, faculty of professional skills improvement and retraining of the managerial personnel of Academy of the Ministry of Internal Affairs, and also Byelorussia National
Thus, there some good prospective and opportunities to lecture the course within the framework of these two levels.
At the same time the third level of training and preparation of experts of the given specialization appears, which is called a profile (in the sphere of protection of interests of business guarantee).
Corresponding profile preparation and training of employees of security and private detective services (while the given direction of activity in the legislative plan has not been settled yet), working in the field of safety guarantee of banks and firms commercial interests. It’s quite natural that the themes and topics of the offered course will be a bit different.
In its turn introduction of a new course into the system of preparation and training of lawyers of criminal - legal specialization (first of all for law-enforcement bodies) predetermines necessity of realization of the organizational actions providing study of the given course in all Institutions of Higher Education of the country.
Besides, it is necessary to determine the minimum knowledge in the field of prevention, disclosure and investigation of e-crimes for the graduates of Educational Institutions.
The purpose of the course - to train highly qualified experts, who possess the necessary skills for this job, for Byelorussia law enforcement system brought up in the spirit of fairness, service bona fides, fundamental and irreconcilable relation to violations of legitimacy, observance of principles and norms of a professional etiquette during the prevention, suppression, disclosure and investigation of the e-crimes.
The expected results of the course should include:
- to know correlation of the concepts, definitions and categories used in criminology, criminal law, criminal procedure, criminalistics, theory of operative - investigatory activity concerning, questions of counteraction to computer crimes or e-crimes; the system and basic provisions of the statutory acts, which regulate prevention, disclosure and investigation of e-crimes; questions of organization and tactics of counteraction to the given criminal phenomena
- to know how to characterize legitimacy of realization of operative, investigatory and other activities, and investigatory actions on prevention, disclosure and investigation of e-crimes, role, place and status of the law enforcement bodies, which hold investigation
- to know how to analyze a modern level and prospective for development of means and methods of information protection; different and various ways of use of the results obtained during investigation in the investigatory and criminal procedure execution
- to obtain practical skills in conducting investigation and other activity at the prevention, disclosure and investigation of illegal actions; making out of procedural and office files during the investigation; technical crop
Minimum 80 hours should be devoted to study this course: 38 hours - for lectures, 34 hours - seminars, 8 hours - training. At the end of the course students pass exam.
According to the authors’ plan it is necessary to consider the main aspects of the modern approach to information safety guarantee, show its trends in the first section “Basic provisions of information safety and their influence on the efficiency of counteraction to e-crimes”.
The course introduction is necessary to show correlation of the processes of the subjects’ activity who are responsible for information safety, and the bodies of criminal prosecution which conduct prevention, disclosure and investigation of e-crimes.
The purpose of the second section “Criminalistic and technical provision of prevention, disclosure and investigation of e-crimes” is to explain to the listeners concepts, structure and essence of the criminalistic and tactic characteristics of e-crimes. Besides, this section describes organizational - tactical, technical-criminalistic and operative - technical aspects of conducting of specific investigatory actions on the considered cases. The section also touches upon problematic questions of the use of informational technology to counteract crime.
The third section “The basics of informational technology use in the prevention, disclosure and investigation of e-crimes” studies the basis of the informational safety of the automated bank and office systems, and up-to-date technologies to fight against crime using knowledge obtained from the first and second sections of the course.
Due to the fact that most of the aspects of operative-investigatory activity are a state secret (ch.3 article 17 The Law of Byelorussia “About operative - investigatory activity”), they cannot be made public for all categories of students. The mentioned above problems should be considered through the basic provisions stipulated in the Law of Byelorussia “About operative - investigatory activity”. In our opinion, operative - investigatory activity experts can teach the first stage of this course in a simple way.
This will require joint organization, scientific and methodical work of the faculty. The basic questions to be considered during the training or preparation to lecture the course “Basic prevention, disclosures and investigations of e-crime” are the following:
1. The study of the course must be carried out in tight link with criminology, criminal law, criminal process, criminalistics, administrative law and the theory of operative - investigatory activity, other sciences, because study of the law as a system enables the graduates to become high level experts. Therefore, it is important to define the department where this course will be taught. The most reasonable decision is to place it either to the criminalistics or criminal process department (for Institutions of Higher Education of the law enforcement system - operative - investigatory department).
2. During elaboration of a basic academic program for the course it is necessary to consider the teaching experience of the operative - investigatory activity of the Institutions of Higher Education of the law enforcement system, and to be governed by the Law of Byelorussia “About operative - investigatory activity”, and to reflect it in the corresponding topics. The program elaboration - is one of the main priorities which requires execution of other tasks related to it.
3. It is necessary to conduct organizational activities (scientific conferences, seminars, joint department meetings etc.), which result in study of the main course provisions by the faculty, postgraduate students, scientific staff and other individuals related to the academic process organization, scientific and research work in the Byelorussia Institutions of Higher Education.
The discussion provides with the opportunity to define the considered approach to the understanding and interpretation of specific course provisions taking into account the legislation in general, and not only specific principles stipulated in the legal acts. Current legislation consists of many new provisions, which have not been scientifically considered yet. Their interpretation in various Institutions of Higher Education may be different. This is invalid and requires the necessity in elaborating the unified understanding of the above-mentioned provisions. On the one hand this will result in the better training (judicial, public prosecutor's, law-enforcement), and on the other hand - it will enable to introduce the results of research into new academic process and to increase the level of lecturing of criminal-legal majors.
4. The learning process of the students should be based on the textbooks, monographs, digests and other literature sources. Preparation and editing of tutorials and manuals - objectively is the long process. Therefore, in order to organize effective editing of lecture courses on a specific subject or f discipline and on specific topics it is necessary to take clearly defined measures. Byelorussia Academy of Ministry of the Internal Affairs has contributed a lot to solve this specific problem. The result, which consists of scientific works, tutorials and digests, is the following: Akhramenko N.M., Kozlov V.E., Leonov A.P. Actual questions of computer crimes qualification // Questions of criminology, criminalistics and forensic expertise. Criminological aspect: Digest of scientific works/ Authors: O.I. Bazhanov; NIIPK and CE MU of Byelorussia Republic. - Minsk, 1998; Kozlov V.E. Computer crimes: criminalistic characteristic and site crime examination: Monograph. - Byelorussia Academy of Ministry of the Internal Affairs, 2001; Kozlov V.E. Theory and practice of computer crime fight. - M.: Hot Line - Telecom, 2002 and others.
The offered course is criminally and remedially and investigatory oriented. But some alterations and add-ins can be introduced into this course taking into account faculty description. This is the first attempt in Byelorussia to put into system scientific researches in the field of computer crime counteraction and their introduction into the academic curriculum. This will increase computer crime counteraction and contribute to the science development: criminal process, criminalistics, theory of investigatory activity and information science. We think that introduction of the elaborated course will contribute to the increase of effectiveness in prevention, disclosure and investigation of e-crimes.