Fighting computer crimes in Ukraine
Date: November 05, 2003Source: Computer Crime Research Center
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... the problem of fighting computer crimes in Ukraine should be solved today as tomorrow it can be too late. The analysis of home laws regulating social information relations allows affirming that our State takes necessary steps of fighting computer crimes and those of stimulating the development of the latest technology-based infrastructure. Ukraine’s President Decree “Measures of developing national component of Internet and providing a broad access to it in Ukraine” of July 31, 2000 [6] and Ukraine’s new Criminal Code Section 16 “Crimes committed by using electronic computers, systems and computer networks” [7] can serve as an example of it.
On April 3, 2003, Ukraine’s Parliament accepted the law “Introduction of changes into Ukraine’s Criminal Procedural Code” that will make it possible to widen Ukraine’s Security Service possibilities when investigating disruptions in the work of automated systems.
The international experience can also prove the necessity of using special services in fighting computer crimes. For example, in USA, National Security Agency and its Computer Security Center deal with such matters, except FBI. In France, Security Service is engaged in it, in addition to Special Police Brigade. The same situation is in Canada.
The participation of Security Service in preventing, revealing and exposing crimes provided by Articles 361, 362 and 363, Ukraine’s Criminal Code, and use of its resources and possibilities are necessary to create an effective system of counteracting computer crimes in Ukraine.
According to Ukraine’s Security Service officers, this law does not provide for monitoring information in Internet but bears a practical character that will allow Security Service to protect national interests in a more effective way.
It would be important for Ukraine to create a special team (CERT-UA) responding on transnational computer incidents and mass counteraction to such cybercrimes. Information networks in Ukraine and other countries can suffer in the near future without such a team (-s).
In conclusion, I want to emphasize that the problem of fighting computer crimes is a complex one. Today the law must meet the requirements raised by the modern level of technology development so that the justice can be administered independently of means used to commit a crime (usual ones or Internet and personal satellite connection). The priority direction is to organize interaction and coordinate efforts of law enforcement bodies, special services and court system, supply them with required material and technical base. No State is capable of opposing this evil without help today. It is necessary to intensify the international cooperation in this field. There is no doubt that the important place in this cooperation belongs to the internationally legal mechanism of regulation.
1. R.Kalyuzhny, R.Kolpak “Mafia’s use of information technologies to influence the society”. - Fighting mafia and corruption (theory and practice) // Scientific and practical magazine. - ¹3. – 2001. – P.160.2. Internet news agency.
3. Dragon from Internet // Art-Mosaic. - ¹49. – 1999.
4. Ukraine’s President Decree of December 6, 2001 “Ukraine’s National Security and Defense Council Decision of October 31, 2001”Measures of improving State information policy and providing information security in Ukraine”.
5. Vitalie Balyuk. Today’s Ukrainian Internet segment. - http://boy.dlab.kiev.ua/PRJ/B_Int/Main/Addon/Lib/anal_ukr.htm.
6. Ukraine’s President Decree “Steps of developing national component of Internet and providing a broad access to it in Ukraine” of July 31, 2000. - http://www.crime-research.org/library/Ukaz_Inter.htm.
7. Ukraine’s Criminal Code of April 5, 2001. – K., Ukraine’s official bulletin, 2001. – P.105-106.
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