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Computer crimes outlawed

Date: April 20, 2005
Source: Computer Crime Research Center
By: CCRC staff

Among top-priority steps of state policy in sphere of counteraction to computer criminality is an appearance of new Criminal Code dated September 1, 2001. Its new Section 16 in the Criminal Code of Ukraine - “Crimes in Sphere of Computers, Systems and Networks”. Having recognized information as a subject of theft, assignment, extortion and other criminal acts, criminal law has confirmed status of information as an object of the property right that is coordinated with substantive regulations of information legislation. Till recently, criminal legal doctrine unreasonably unfiled information from the list of possible subjects of theft or other property crimes.

In this connection, appearance of the mentioned section in the Code is natural and objective necessity of legal means in process of solving problems related to fundamental modification of technology, world outlook of people, international relationship under conditions of a wide scope computerization of information sphere.

As is well-known, the Section 16 includes three Articles: 361 “Illegal interference with operation of computers, systems and networks”, that is an illegal interference with operation of automated computers, systems or networks resulted in distortion or erasing of computer information or destroying its carriers, and also to spreading of computer viruses by using software and hardware designed for illegal penetration into these machines, systems or networks and capable of distortion or erasing computer information or destroying its carriers”; the Article 362 “Theft, misappropriation, extortion of computer information or its capture by swindling or abusing official position” and the Article 363 “Violation of automated electronic computer operating rules”: violation of operating rules of automated computers, systems or networks on the part of a person responsible for their operation, if it has entailed theft, distortion or erasing of computer information, security means, or illegal copying of computer information, or essential infringement of such facilities, systems or networks operation.
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