Journal article Open Access
A.S. Kalmykova, M.I. Vochkova
In the article, the authors demonstrated a compelling understanding of the fact that the issue of combating cybercrime is now very acute in the world and is a pressing problem for most countries. The authors analyze the historical origins of solving this problem in international law. Problems of international cooperation in the fight against cybercrime are investigated, international legal and organizational forms of this cooperation are investigated. The following international legal acts are analyzed: the Geneva Declaration of Principles, the Convention on Information Technology Crime of the Council of Europe Cybercrime League, the CIS Commonwealth Cooperation Agreement on Crime and Crime in the Sphere of Crime. The definition of "cybercrime" is given, which follows from the analysis of the above acts, although no definition of "cybercrime" is enshrined in any universal international legal act. In addition to the main international legal acts regulating the fight against cybercrime, the rules of soft law are also analyzed. The problems of regulation in the Ukrainian legislation on combating cybercrime are reflected, one of them is that the authorities and divisions, which are entrusted with the duties to combat cybercrime, are deprived of the opportunity to promptly and timely process the requests of law enforcement authorities of other countries to collect evidence the location of suspects under the Cybercrime Convention. The authors agree with VF Antipenko's opinion, whose work has also been analyzed, that the criminalization of activities in the international sphere does not correspond to the realities of the present and requires significant corrections. In particular, this discrepancy can be observed in the field of high technology.
The authors emphasized the need to regulate the current Ukrainian legislation in accordance with the rules of international law.