Improvement of Ukrainian Criminal Law in Fighting Cybercrime
Date: October 15, 2003Source: Computer Crime Research Center
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... When under age persons commit these crimes, MIA inspectors will conduct primary inquests (Part 2, UCPC Article 112). Other countries have successfully and validly approved such a change in the order of holding inquests. The international experience proves the necessity of special service’s participation in counteracting computer crimes. For example, in the USA except FBI these problems are also resolved by National Security Agency and its Compute Security Center. In France in addition to Single Police Brigade, these crimes are investigated also by counterespionage. Officers from Ukraine’s Special Services note that the acceptance of this amendment will allow coordinating and consolidating the activity of law enforcement bodies in fighting against computer crimes.
Some CIS countries have solved the problem of primary investigation in such a way. Thus, in Kirgizstan the criminal liability is provided for unauthorized access to computer information (KCC Article 289), manufacture, use and distribution of detrimental programs for electronic computers (KCC Article 290), violation of electronic computer, computer system or their network operation rules (KCC Article 291). According to Part 7, KCC Article 163, inspectors of National security bodies hold inquests on these criminal cases and those concerning thefts at the especially large rates, offences in the sphere of economic activity or against social security.
The presented draft will allow Ukraine’s Security Service to accomplish more effectively their tasks provided by Article 24 “Ukraine’s Security Service”.
1. V. Ovchinsky Interpol: questions and responses. M., INFRA-M, 2001. P.135-136.
2. Law of Ukraine “Security Service of Ukraine”; March 25, 1992
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