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Vasili Polivanyuk,

Computer Crime: New Kind of Professional Crime

Vasiliy Polivanjuk Professional criminal activity is illegal activity of the person possessing corresponding experiences, skills, methods and instruments, person considering this activity as basic occupation, and main or additional source of money income [1].

According to A. Gurov, criminal professionalism is criminal occupation, source of means for the criminal^; it demands necessary knowledge and skills for achieving the ultimate goal^; it causes certain contacts with antisocial environment^; it defines stable kind of criminal occupation (fulfillment of mainly similar occupations) [2]. Criminal professionalism gives an opportunity to prepare, commit crime and cover up traces and, as a rule, to avoid the criminal liability, to have constant income [3].

Criminals quickly adapt to new kinds, forms and methods of entrepreneurship. They use conditions of the developing market and new technologies on criminal purposes. The number of crimes committed in sphere of high technologies (carding, computer and cellular crimes), with use of special knowledge in sphere of financial and economic activities, during professional activity.

As an example we may take large money thefts using counterfeit bank documents, fake securities, illegal use of electronic means designed for accessing bank accounts, office equipment (computers, fax-modems, copying devices).

The analysis of criminal actions committed lately with use of computer technologies, and also numerous interrogations of bank employees allow to allocate the most typical ways of computer crimes against banks and other financial institutions.

First, computer crimes committed by unauthorized access to bank databases by means of telecommunication networks are becoming more and more widespread.

Second, there was practically no computer crime lately which would have been committed by a criminal alone. Moreover there are some cases when organized criminal groups hired hackers. They had a separate protected premise equipped with the latest computer facilities so that they could carry out grand money thefts by illegal penetration into computer networks of large banks.

Third, the majority of computer crimes in bank sphere are committed with direct complicity of commercial banks employees. Results of the researches conducted with bank personnel practice, show that share of such crimes approaches to 70%.

Fourth, the increasing number of computer crimes is committed with use of opportunities of the global computer network Internet.

According to NCB Interpol in Ukraine the amount of computer crimes from 1995 to 2002 has increased from 3 to 50. Only in Kiev, during 2001, 45 crimes where computer facilities were an object of crime commitment or were used for committing other kinds of crimes were revealed. Besides computer technologies are widely used in "shady" convertible centers. This allows their clients to evade taxes.

Let’s take some examples which characterize activity of computer criminals. So, the accountant of Simferopol Department of Commercial Bank "Ukraine" has entered computer network of the bank and issued a payment order according to which she has transferred sum of 45,000 UAH to account of “Orbi" company (Sevastopol). Her accomplices have transferred the specified sum for converting in local "Novico-bank" in which the criminal with the help of counterfeit documents has received 10861 USD, and has replaced fake operation with real in memory of computer. Also in 1999 the system of protection of The State Export-Import Bank of Ukraine (Ukreximbank) has blocked attempts of the unauthorized penetration into its network. Back Office attacks were carried out via the Internet. During secret search, Security Service officers have established that such attempts came from network of ISP "Infocom". Then the hacker was identified. He explained that he had wanted to get access to the Internet, and his partner had given him an IÐ-address for free use of the Internet. It was found out, that he was "framed" by the professional criminal [4].

Criminalists frequently define computer criminality as the following:

1. crimes in sphere of computer information, provided for by the following Articles of the Criminal Code of Ukraine:
- 361 “Illegal interference with operation of computers, systems, networks and communications”^;
- 362 “Theft, misappropriation, extortion of computer information or its capture by swindling or abusing official position”^;
- 363 “Violation of automated electronic computer operating rules”^;

2. crimes committed with help of computer (thefts, scams, etc.)

So computer crimes are crimes provided for by Section 16 of the Criminal Code “Crimes in sphere of computers, systems and computer networks" and those crimes which are committed with help of computers.

Fighting criminal professionalism provides implementation of actions of economic, social and legal character along with active participation of public. A. Gurov, for example, suggests to create conditions when crime commitment would be economically unprofitable. In response O. Dzhuzha says it is necessary to make retribution for the committed crimes favorable to the state and victims, but thus it is necessary to reform all the penal system [5].

All preventive activity should have modern legal maintenance. For today the Supreme Rada had not accepted yet the Crime Prevention Law^; there is no state program for social adaptation of persons which are freed from imprisonment. Also it is necessary to note imperfection of criminal, criminal - procedural and criminal - executive laws of Ukraine. O. Dzhuzha in "Criminology" textbook offers:

1. to introduce a definition of concept "professional criminal" in the general part of the Criminal Code of Ukraine^;
2. to establish a final measure of punishment for persons recognized as professional criminals by attaching sanctions for separate episodes of their criminal activity [6].

Absence of the generalized practice of disclosing and investigating computer crimes, absence of explanations of the Supreme Court of Ukraine on issues of qualification of computer crimes also negatively influence overall performance of law enforcement bodies.

There are no centers on learning criminality in sphere of computers at the state level, and this adversely affects fighting the given phenomenon. There is a necessity for creating a model of re-socialization of former hackers as, for example, it exists in the United States of America.

If to speak about actions of organizational - administrative character, first of all, it concerns improvement of law enforcement bodies’ work which depends on a line of factors. Their activity should be based on the objective data on criminality and forecasting of possible changes of its parameters. However the modern criminal statistics yet does not display a real state of affairs, it complicates a choice of adequate measures of fighting computer crimes. The given crimes are referred to the most latent.

Formation of democratic lawful state puts forward new requirements to law enforcement bodies. The safety of society is impossible without essential improvement of experts training in educational institutions. Absence of corresponding experts in law enforcement bodies of Ukraine is one of the basic problems of fighting computer crimes. The level of disclosing of computer and related crimes and also their further investigation still remains unsatisfactory.

Features of crimes commitment in sphere of computer information, high rates of its development and modifications, and also obviously insufficient legal regulation of information relationship have led to situation when there are no techniques of gathering proofs and investigations of such crimes, no uniform approaches to their suppression and investigation so far.

Increase in law enforcement bodies’ efficiency on revealing, disclosing computer crimes and making offenders responsible is one of the basic directions on preventing crimes of the considered group. Thus high latence and low rate of these crimes disclosure predetermines impunity of persons which have committed computer and related crimes and promote the growth of computer criminality. Realization of this direction demands officers with high qualification and specialization.

The important role in preventing computer criminality falls on actions of technical character. These are development and introduction of the newest computer technologies for property protection and computer security.

The significant role in revealing, disclosing and preventing computer crimes is also in the aspect of law enforcement bodies’ cooperation with foreign countries, and also experience exchange between them. Ukraine is gradually getting the level when foreign experts along with home experts hold practical seminars, conferences not only for scientists, but also for practicing workers facing information protection in real life, computer crimes investigation.

[1] A. Zelinskiy, “Criminology, tutorial”, Kharkiv: Rubikon, 2000, p.180.
[2] A. Gurov, “Professional Criminality: Past and Present”, Moscow: 1990, p. 40-41.
[3] “Criminology, textbook”, edition by A. Dolgovaya, Moscow: Publishing house NORMA-INFRA-M, 1999, p.620.
[4] M. Kornienko, B. Romanuk, I. Melnik, edition by O. Dzhuzha, “Criminology Course: Special Part: Textbook: in 2 vol.”, Kyiv: Urinkom Inter, 2001, p. 59-60.
[5] M. Kornienko, B. Romanuk, I. Melnik, edition by O. Dzhuzha, “Criminology Course: Special Part: Textbook: in 2 vol.”, Kyiv: Urinkom Inter, 2001, p. 59-60.
[6] M. Kornienko, B. Romanuk, I. Melnik, edition by O. Dzhuzha, “Criminology Course: Special Part: Textbook: in 2 vol.”, Kyiv: Urinkom Inter, 2001, p. 59-60.

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