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Convention on Cybercrime wins support in Ukraine

Date: May 12, 2004
Source: Computer Crime Research Center
By: Timofey Saytarly

Science and Education Committee of Ukraine considered a people's deputies' legislative initiative on an amendment to the Criminal and the Criminal Procedural Codes of Ukraine reconsidering responsibility for crimes in the sphere of computer information. In particular, deputies offer to include an article that will provide responsibility for illegal replication or illegal sale of electronic data bases that contain private data to the Criminal Code, the Ukrainian Parliament's Informational Management informs.

The Committee emphasizes importance of further improvement of legislative control of criminal liability for computer crimes.

At the same time, the Committee agrees with sufficient remarks of the Main Scientific-Expert Unit of the Verhovna Rada of Ukraine about the necessity to study and to generalize the experience of applying current articles 200, 361-363 of the Criminal Code. The Committee also takes into account that it is early to accept mentioned amendments to the Criminal Code till the Parliament accepts decision to implement EU Council regulations on Cybercrime.

Committee members said there are some drafts lying upon the table that will regulate relations in the sphere of information communication technologies. All these rules should be interrelated and co-ordinated with each other. That's why the Committee recommends the Cabinet of Minister of Ukraine the following:

to speed up introduction of the draft "On Ratification of EU Council Regulations on Cybercrime";

to conduct a legal examination of the draft on amendments to the Criminal Code of Ukraine concerning responsibility for crimes in the sphere of computer information in order to adjust to the EU Convention on Cybercrime and other rules of European law;

to study and to generalize the experience of applying articles 361, 362 and 363 of the Criminal Code of Ukraine in conference with the Supreme Court of Ukraine and to direct a special report to the Verhovna Rada.

Parliament's European Integration Committee should provide examination of the given draft with a view to its acquis communautaire at every stage of its consideration as it is envisaged in the "National Law Adaptation to EU Legislation Program" Law of Ukraine, people's deputies think.

The Committee recommends to elaborate the given draft taking into account all considerable remarks and proposals.


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