Improvement of Ukrainian Criminal Law in Fighting Cybercrime

Date: October 15, 2003
Source: Computer Crime Research Center
By: Natalia Akhtyrskaja

... aspect of investigating those crimes lies in that the process of collecting and examining evidences cannot be realized without using special knowledge in the field of up-to-date information technologies.

Peculiarities of revealing and researching criminalistically important computer information are connected with that this field consists of some quite heterogeneous scientific directions: electro-technique, information systems and processors, radio-technique and linkage, electronic technique (within the framework of programming) and automation. Such crimes are of a latent character because they do not leave visible evidences and are difficult to reveal and collect evidentiary information because of the wide use of remote access means. If the inspector possesses special knowledge and corresponding scientific-technical means, in principle he can successfully investigate but cannot do without expert’s help because even the least unqualified actions with computer system often result in the irretrievable loss of valuable search and evidentiary information and those consequences can threaten the state national security.

On February 6, 2003, Ukraine’s President L.Kuchma signed Decree “Urgent additional measures on intensifying fight against organized crimes and corruption”. This step aims at considerably strengthening struggle against organized delinquency and corruption, which continue inflicting significant damage to the protection of persons’ rights and freedoms, impede the development of economy and establishment of market relationships, undermine Ukraine’s international authority, and eliminating defects in the law enforcement body activity. This normative act points that in March 2003 Ukraine’s Ministry of Internal Affairs and Security Service need to introduce a motion concerning the improvement of establishment-organizational structure, forms and methods of professional activity of special subdivisions fighting against organized crimes and corruption, as well as the differentiation of their functions and competences (Item 6). One of the tasks of Ukraine’s Ministry of Internal Affairs is to perfect the interaction between law enforcement agencies and International criminal police organization (Interpol) in their fight against organized offences, intensify the role and responsibility of Interpol national bureau’s officers for discharging their obligations (Item 9).

During the process of revealing and investigating crimes in the field of high technologies law enforcement bodies send through Interpol channels requests on the following delinquent actions of an international character:

- unauthorized access or connection with electronic computers, their system or network;

- violation of computer and telecommunication system operation rules in order to avoid paying obtained services;

- introduction of changes into computer software and hardware that result in destroying, blocking or modifying information (computer “bombs” and viruses);

- computer frauds and falsifications with cash dispenser, payment means and playing machines;

- computer swindle databases, computers and telecommunication systems;

- unauthorized reproduction of computing technique elements, software and computer games;

- official’s conscious non-execution of his obligations, rules of computer system software and hardware operation;

- illegal use of electronic computers, their systems and networks (including Internet) to place or exchange unlicensed software, hacking information and child’s pornography;

- theft of professional and industrial secrets (industrial espionage);

- site addresses, names of organization or user servers and domains;

- contents of records, tracings and logical files;

- electronic information blocked in the order of operative interaction of law enforcement bodies when suppressing trans-boundary offences;

- providers and distributors of network and telecommunication services;

- physical and juridical persons concerning crimes in the sphere of high technologies;

- software, procedures and tactics of struggling against computer and telecommunication crimes, special periodicals, statistic reviews, materials on multinational special service activities in this field.

- reasons of inspection;

- sort of crime, place and time of its commitment (if known);

- physical and juridical persons concerning a crime;

- victim (physical or juridical person), character and size of inflicted loss;

- way of committing a crime;

- special information of a technical character on a way of committing a crime (technical means, software, time and duration of unauthorized access);

-any other information that can facilitate the fulfillment of requests (1).

The problem of information security has been recently researched in details by corresponding institutions and organizations from many countries in the world. Ukraine is engaged in solving this problem as well. In particular, “Conception of Ukraine’s national security” defines information security as one of the state national security integral parts. To protect state interests in the information sphere protecting system was created, functions and is constantly improved with regard for the emergence of new threats. According to the President Decree ¹1120 from October 6, 2000, Ukraine’s Security Service Special Telecommunication System and Information Protecting Department realizes state policy in the field of protecting information resources in the data network, crypto-graphical and technical protection.

The protection of information resources including those with access through Internet should be viewed as one of the main tasks of all participants in information exchange. The compulsory condition for assuring security of the mentioned resources is to obtain an objective appraisal of information security level in the data networks, i.e. formally demonstrative guarantees of definitely probable reliability of network protection. This assessment can be gained by conducting corresponding expertise. Only at the availability of positive results, information-telecommunication systems should be put into operation and data belonging to the State should be processed in them. Many countries use this approach, for example, the USA created Computer Security Center that works on examining and certifying produced information systems to determine and reach the required security level. The work starts with analyzing the project. Further, the analysis has been conducting for the whole life cycle of system with regard for its modernization and change of functioning conditions.

Safe use of state information resources requires developing and introducing the order of their protection into information-telecommunication systems and controlling the maintenance of this order. According to Ukraine’s President Decree ¹891 from September 24, 2001, its development is committed to Ukraine’s Security Service.

Computer crimes go beyond national borders. Under conditions of computer offence extension there appeared a need in legislatively determining these crimes, developing mechanisms of fight against them and establishing the responsibility for their commitment on the territory of any state. Thus, in Singapore local police arrested five our compatriots who were charged with using forged credit cards to pay for goods and services. Acting from abroad, they committed several unauthorized payments through CB “Finances and credit” by using Ukrainian credit cards. The interaction between officers from Ukrainian and Singaporean law enforcement bodies allowed arresting these swindlers. The facts show that there are some organized hacking groups in Ukraine. According to US FBI, Ukraine has several organized hacking groups, which penetrated through Internet into computer systems of some American companies. Computer terrorism has been criminalized in the USA and Great Britain.

State Security Service is a law enforcement agency of special purpose that assures Ukraine’s State security. Taking into account this definition it can be logically supposed that Ukraine’s Security Service is to investigate crimes committed in the sphere of information technologies. Within the framework of law established competence Security Service is entrusted with protecting state sovereignty, constitutional system, territorial integrity, Ukraine’s economic, scientific-technical and defensive potential, state lawful interests and persons’ rights from intelligence-undermining activity of foreign special services and encroachments on the part of individual organizations, groups or persons. Ukraine’s Security Service also deals with preventing, revealing, suppressing, disclosing crimes against peace and security of humankind, as well as terrorism, corruption and organized crimes (2).

According to the draft on changes in the legislation of criminal procedure, Ukraine’s Security Service inspectors should conduct primary inquests (Part 3, Ukraine’s CPC Article 112). They cover crimes provided by Ukraine’s CC Article 3611 “Manufacture (with the purpose of marketing) or selling of software and hardware designed to illegally penetrate into electronic computes, their systems, computer lines or blocking of their work”, as well as UCC Article 3612 “Illegal copying or selling of electronic databases with personal information”. When under age persons commit these crimes, MIA inspectors...

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