Fighting Cybercrime: Ukraine Develops Special Law
Verhovna Rada of Ukraine has passed a bill «On modification in the Code of Criminal Procedure » (CCP). In accordance with it, Security Service of Ukraine will get much more opportunities in cybercrime investigation.
According to offered changes, it is planned to add article 112 in the Code of Criminal Procedure which allows Security Service of Ukraine to carry out pre-judicial investigation on the crimes, provided for articles 361-363 of Criminal Code.
These articles provide punishment for computer crimes.
In particular, illegal intervention in computer work, their systems or networks, which have led to change or destruction of the computer information, and also computer virus distribution are punished with the penalty up to 1190 Ukrainian Hrivnas (about $250) or correctional labor of two years, or restraint of liberty during the same term.
The same actions if they have caused serious harm or perpetrated repeatedly or on preliminary arrangement by group of persons are punished by restraint of liberty for the term of five years or by imprisonment from three till five years.
Theft, misappropriation, extortion of the computer information or its reception by abuse of power or swindle is punished by the fine 850- 3400 Ukrainian Hrivnas ($160 - $640) or correctional labor for two years.
The same actions perpetrated repeatedly or on preliminary arrangement by group of persons are punished by the fine from 1700 up to 6800 Ukrainian Hrivnas ($320 - $1285) or restraint of liberty for the term of three years, or imprisonment for the same term.
Violation computers and network operating rules by the person who is responsible for their operation if this actions have led to theft, change or destruction of the computer information, system of information security, or illegal copying of the computer information, or gross infringement of computers and network functioning are punished by the fine up to 850 UAH ($160) or disqualification from certain occupation or to be engaged in the certain activity for the term of five years, or correctional labor for two years.
The same action if it has caused serious harm is punished by the fine of 1700 UAH ($320) or correctional labor for two years, or restraint of liberty for five years, with disqualification from certain occupation or to be engaged in the certain activity for three years.
These articles have appeared in the Ukrainian Criminal code not so long, actually, September, 1, 2001. Experts think these articles are not so popular among Ukrainian Law Enforcements and there are no precedents of positive judgment on punishment for noticed crimes.
Nevertheless, representatives of Security Service of Ukraine, declare that computer crime and cyberterrorism in Ukraine recently become more active and it is necessary to develop ways and methods in this crimes fighting.
During the discussion of the bill in Verhovna Rada, the vice-president of Security Service of Ukraine Vladimir Pristajko said «…a level of the damage from computer crimes, in Ukraine, have already reached tens millions Hrivnas ($ 1 900 000). Computer-crimes repeatedly created real preconditions for occurrence in Ukraine extreme situations, including Critical Infrastructure”.
Actual necessity for this law is caused by fact that computer-crime is the most dangerous kinds.
According to computer crime experts of the states Central and the East Europe, the profit of computer criminals takes the third place after incomes of drug-dealers and arms traffic, and damnification is estimated by billions dollars. Only in the USA annually economic losses from such crimes make about $100 billion.
In development of common information and financial economic space the information which provides important decision-making becomes more valuable. In this connection, illegal intervention in work of computer-based systems characterizes a down level of state guarantees on opportunity of effective activity in cyberspace.
On occasions such criminal acts create threat to the vital interests of Ukraine, impact on its information and economic safety, and Security Service of Ukraine are called to protect them.
International experience proves the necessity of participation of special services in computer crime fighting. For example, in the USA, in addition to FBI, the Agency of National Security and Information Security Center are engaged in this sphere. In France, in addition to special police department, counterespionage is engaged in it also. The same is in Canada.
The Security Service of Ukraine takes participation in realization of a state policy in sphere of state and information resources protection, cryptographic and technical information protection.
According to Law of Ukraine «About protection of the information in the computer-based systems» Department of Special Telecommunication Systems and Information Security at the Security Service of Ukraine have to protect information in computer-based systems, to control and coordinate state bodies’ activity on prevention, disclosing regulation and repair damages from the non-authorized actions directed on the state information resources, information and telecommunication systems.
Participation of Security Service of Ukraine in prevention, disclosing and investigation of the crimes which are provided by articles 361, 362 and 363 Criminal Code of Ukraine, and also use the means and opportunities of special services, is the necessary step in development effective system of cybercrime counteraction in Ukraine.
Ukrainian special services experts think that this bill will allow coordinating and consolidating activity of law enforcement bodies on computer crime fighting.
Besides, this bill doesn’t concern a problem of Internet monitoring, and has practical character which will allow Security Service of Ukraine to protect national interests and safety of Ukraine with the greater efficiency.
However, new bill “About monitoring in telecommunication systems” are in developing now. And probably it will be passed in the nearest two months.
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