To the Problem of Defining the Concept and Signs of Cyber Crimes
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The article is devoted to the problem of defining the concept and essential features of cybercrimes. The main theoretical approaches to defining the definition of “cybercrime” are researched and highlighted in the work. The opinions of domestic and foreign scientists regarding the definition of signs of cybercrime in the doctrine of criminal law are analyzed. Special attention is paid to the issue of separating cybercrimes from traditional illegal acts defined by the criminal legislation of Ukraine. The authors of the article, studying statistical data, point to the extreme need for comprehensive scientific development of the theoretical and legal foundations of the cybercrime prevention system in Ukraine by the method of scientific reduction of fundamental theoretical points.
It was found that, as of today, there is no single universally accepted term “cybercrime” in forensic science, and, accordingly, there are no universally recognized signs that conceptually defined cybercrime as an independent type of illegal acts. The work analyzes in detail the opinions of specific researchers and their variants of interpretation of the definition of “cybercrime”. Relevant approaches to determining the essential features of cybercrime and their relationship with the impact on the practical side of the problem of the threat of cybercrime have been studied. In the course of the study, with the help of the logical method and the method of scientific reduction, the need to recognize cybercrimes as an independent and independent type of socially dangerous acts in the doctrine of criminal law was proven. The main approaches to defining the concept of “cybercrime” are defined. Different approaches to the formation of the definition of the concept of “cybercrime” in various legal doctrines are analyzed. The differences between the concepts of “cybercrime” and related concepts, in particular “computer crime” and “crime in the field of computer information”, are emphasized. The main normative legal acts that regulate the issue of ensuring cyber security in Ukraine have been determined. It was determined that currently there is no single point of view in the doctrinal sources regarding the concept of “cybercrime”. It was analyzed what could be the main means of committing cybercrimes, and the main method of committing cybercrimes was determined to be remote.
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dumchykov_shevtsov_104.pdf
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(336.1 kB)
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