Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 69
Julio
Diciembre
2021
Recibido el 14/03/2021 Aceptado el 14/06/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 69 (Julio - Diciembre) 2021, 115-132
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Measures to combat cybercrime:
analysis of international and Ukrainian
experience
DOI: https://doi.org/10.46398/cuestpol.3969.06
Serhii Cherniavskyi *
Viktoria Babanina **
Oleksandr Mykytchyk ***
Liudmyla Mostepaniuk ****
Abstract
The article is dedicated to the study of the measures used to
combat cybercrime in dierent countries. It is observed that the
world’s leading countries are actively expanding and creating
units in the armed forces and intelligence services that should
ensure the development of oensive capabilities in cyberspace.
In particular, the operational cooperation of law enforcement
agencies, such as Interpol, Europol and Eurojust, in the ght
against cybercrime is being stepped up. Anti-cybercrime activities are
carried out not only by individual states, but also by their blocs, including
NATO. In Ukraine, unlike the developed countries of the world, measures
to combat cybercrime are less developed. Despite the existence of special
laws and strategies, in particular the Cyber Security Strategy of Ukraine,
the ght against cybercrime is not eective due to the declarative nature
of most of the provisions of this strategy. It is concluded that one of the
problematic aspects of the phenomenon of cybercrime is the low level of
education in information technologies of the population of Ukraine.
Keywords: cybercrime; cybersecurity countermeasures; cybercrime;
information security; comparative law.
* Vice-Rector of National Academy of Internal Aairs, Doctor of Law, Professor, Kyiv, Ukraine. ОRCID
ID: https://orcid.org/0000-0002-2711-3828. Email: 0677443745@gmail.com
** Professor of Criminal Law Department of the National Academy of Internal Aairs, PhD in Law,
Associate Professor, Kyiv, Ukraine. ОRCID ID: https://orcid.org/0000-0003-4173-488Х. Email:
v774910@gmail.com
*** Professor of Criminal Law Department of the National Academy of Internal Aairs, PhD in Law,
Associate Professor, Kyiv, Ukraine. ОRCID ID: https://orcid.org/0000-0002-4973-2670. Email:
mikitcik@bigmir.net
**** Associate Professor of Criminal Law Department of the National Academy of Internal Aairs, PhD in
Law, Associate Professor, Kyiv, Ukraine. ОRCID ID: https://orcid.org/0000-0003-2894-0654. Email:
LMostepaniuk@ukr.net
116
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
Medidas para combatir la ciberdelincuencia: análisis
de la experiencia internacional y ucraniana
Resumen
El artículo está dedicado al estudio de las medidas utilizadas para
combatir el ciberdelito en diferentes países. Se observa que los países
líderes del mundo se están expandiendo activamente y creando unidades en
las fuerzas armadas y los servicios de inteligencia que deberían garantizar
el desarrollo de capacidades ofensivas en el ciberespacio. En particular, se
está intensicando la cooperación operativa de los organismos encargados
de hacer cumplir la ley, como Interpol, Europol, Eurojust, en la lucha contra
la ciberdelincuencia. Las actividades contra el delito cibernético las llevan a
cabo no solo los estados individuales, sino también sus bloques, incluida la
OTAN. En Ucrania, a diferencia de los países desarrollados del mundo, las
medidas para combatir el ciberdelito están menos desarrolladas. A pesar de
la existencia de leyes y estrategias especiales, en particular, la Estrategia de
seguridad cibernética de Ucrania, la lucha contra el delito cibernético no es
ecaz debido a la naturaleza declarativa de la mayoría de las disposiciones
de esta estrategia. Se concluye que uno de los aspectos problemáticos
del fenómeno de la ciberdelincuencia es el bajo nivel de educación en
tecnologías de la información de la población de Ucrania.
Palabras clave: ciberdelito; contramedidas de ciberseguridad; delitos
informáticos; seguridad de la información; derecho
comparado.
Introduction
Each state constantly balances between the principles of respect for
human rights and freedoms, integration into the international community
and the need to ensure economic growth and national security, including
by restricting human rights and freedoms, establishing administrative
forms of restricting business activities, protecting its own interests in the
international arena.
The choice is made by both the population and public authorities,
but in the list of areas no internal reasons should outweigh the need for
international cooperation in combating crime, which should be based on the
principles of openness, mutual assistance, activity in developing new forms
of cooperation. International cooperation in the ght against cybercrime
must be carried out on the basis of the participation of all countries, which
is determined by the nature of the information itself, both the object of
encroachment and the nature of the crimes committed.
117
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
Indeed, in today’s world, all spheres of life are directly dependent on the
operation of computer and information networks. However, the widespread
use for information processing of computer technology with software that
allows to relatively easy modify, copy and destroy information, increases
the vulnerability of the information space.
Most users of information systems do not believe in cyberattacks without
sucient grounds for such belief, that is why they use the information space
with ignorance of the limitations and threats to system security, creating
threats for cybersecurity.
In today’s world, information is the most important component of
society. The transformation of post-industrial society into an information
society means that information becomes global and meaningful both for
the individual and for the state and society as a whole, everyone can seek,
receive, store, use and disseminate information in any legal way, there are
no borders for its ow. At the moment, information is recognized as one of
the most important values, respectively, its protection is no less important
than its receipt and transmission, therefore, in a digitalized society of the
early XXI century the scope of risk changes.
All this suggests the need to coordinate joint eorts in the ght against
cybercrime. For Ukraine, taking into account the ongoing integration
processes, it is especially important to consider the world experience in the
ght against cybercrime and apply it to increase security in the country.
Therefore, the study of foreign experience and demonstration of own
achievements in the ght against cybercrime is especially important for
each country.
1. World experience in combating cybercrime
It is very important to understand the global nature of the cybercrime
issue. Thus, cyberattacks already paralyze the work not only of private
structures but also of state bodies, there is no state in the world that
would be protected from such attacks. Not only hackers or their groups,
but also individual states, terrorist and criminal groups are considered as
probable sources of cyber threats. When developing tools and methods to
combat cybercrime it should kept in mind the latency of such type of crime.
According to experts, the latency of “computer crimes” in the US reaches
80%, in the UK - 85%, in Germany - 75%, in Ukraine - more than 90%
(Statista, 2020).
According to the international cybersecurity service Symantec Security,
about 556 million cybercrimes are registered worldwide each year, with
losses of more than $ 100 billion (Belsky, 2014).
118
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
Cybercrime can violate the interests of both the state and the individual.
Undoubtedly, the peculiarities of the functioning of information systems,
especially the Internet, require the joint eorts of various actors, both public
and private, to be aimed at solving cybersecurity issues (Rogovets, 2015).
However, it is only the state that can and is able to eectively combat full-
scale cybercrime, create the conditions for those who are most vulnerable
to cybercrime attacks, to build more reliable information security system.
Currently, the world’s leading countries are actively expanding and
creating units in the armed forces and intelligence services, which should
ensure the development of oensive capabilities in cyberspace. For example,
in the United States, along with the National Cyber Security Center, the Joint
Cyber Command has been formed within the Armed Forces, which should
coordinate the eorts of all Pentagon structures in the course of hostilities,
provide appropriate support to civilian federal agencies, and interact with
similar agencies in other countries (US Department of Defense, 2009).
At the same time, these organizations are partially controlled agencies,
as the supreme controlling structure is the National Security Council with
a special committee, whose responsibilities include the implementation
of information strategy (Djerf-Pierre, 2018), including the ght against
cybercrime.
In the UK, cyber weapons programs are being implemented that will
enable the government to withstand growing threats from cyberspace
(Kessel and Mozur, 2016).
An e-mail security coordination group (ESCG) has been set up in
Australia. The main task of this group is to create a secure and reliable
electronic operational space for both public and private sectors (Sanders
et al., 2017).
Anti-cybercrime activities are carried out not only by individual states,
but also by their blocs, including NATO. Thus, the importance of this
problem is reected in all the governing documents of the bloc, adopted
in recent years. For the rst time, NATO’s strategic concept includes
cyberspace as a new area of military alliance.
In other words, in the ght against cross-border crimes, which include
a signicant part of cybercrime, a special role is given to states, and only
with well-coordinated law enforcement agencies of dierent countries it is
possible to reduce the number of crimes committed in this area. International
cooperation is carried out in several areas and involves, rst of all, the
creation of regulations and the development of general recommendations,
as well as the introduction of eective models of organizational interaction
between states. It should be borne in mind that the traditional mechanisms
of international cooperation, including requests, mutual assistance and
other similar tools used in the XIX century are inappropriate in an era when
119
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
crimes can occur from anywhere in the world at the speed of light (Wang,
2021).
Legal regulation of the ght against cybercrime is the basis of the entire
system of combating cybercrime. The complexity of drafting international
acts in general in the situation under consideration is further complicated
by the fact that existing laws are dicult to apply when it comes to non-
localizable attacks on a planetary scale, the evidence of which is scattered
and virtual (Pozhuyev, 2016).
The international community at various levels has developed a number
of acts relevant to the ght against cybercrime, with regional acts playing
a special role, as global documents are currently dicult to create. At the
same time, it is important to note the attempts of states to extend the norms
of global international treaties to combat cybercrime or to conclude new
treaties. For example, since organized crime groups can operate alongside
individuals in cyberspace, it is possible to apply to them international
treaties aimed at combating organized crime, in particular “the UN
Convention against Transnational Organized Crime of 15 November
2000” (Butunbaev, 2020: 102). Also, the concept of the UN Convention on
International Information Security was developed (Butunbaev, 2020). The
main part of the document consists of ve sections, the content of which is
in a single compositional integrity.
It is important that in Art. 4 of the Convention the main threats to
international peace and security in the information space are identied,
eleven of which are basic and four additional. Among the basic are named,
for example, the use of information technology and tools for hostile acts
and acts of aggression; purposeful destructive inuence in the information
space on critical structures of another state; cross-border dissemination
of information that contradicts the principles and norms of international
law, as well as national laws of states. Again, the document does not
mention such real threats to international security as the commission of
cybercrime, the distribution of narcotic drugs and psychotropic substances,
their analogues, as well as pornography, including child pornography.
In addition, Art. 5 of the Convention is devoted to the basic principles of
international information security.
Analysis of the principles mentioned above allows us to conclude that
they can be divided into four groups:
1) principles of state participation in the system of international
information security as a member of the international community.
2) principles that allow the state to preserve its sovereignty in the
process of international cooperation in the ght against cybercrime.
120
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
3) principles of ensuring free information exchange between countries
4) the fourth group of principles establishes the nature of the interaction
of the state and private entities in the considered relations.
At the same time, it should be noted again that the concept of the
Convention does not prescribe in detail the principles of international
cooperation in the ght against cybercrime, except for targeted
counterterrorism.
The inclusion of section 5 “International cooperation in the eld of
international information security” in the concept of the Convention
should be recognized as positive, but measures of international cooperation
in this area are insucient for the eective functioning of the system of
international economic security. Such measures involve only the exchange
of national concepts of security in the information space, the operational
exchange of information on crisis events and threats in the information
space and measures taken to resolve and neutralize them, consultations on
activities in the information space. However, these forms do not take into
account the need for operational cooperation of law enforcement agencies
on a wide range of issues. Thus, the provisions of the concept of the UN
Convention on International Information Security are quite compromising
and focused primarily on the prevention of information wars, terrorism.
2. European programs to combat cybercrime
It should be noted that most of the specialized acts to combat cybercrime
are acts of the European Union, which has one of the most developed
information security systems in the world. In 2001, the European
Commission presented a special communication containing proposals of
a legal and organizational nature to combat cybercrime in the European
Union (Zaporozhets, 2009).
Interpol’s programs are built around the preparation of operations to
combat new computer threats. They are aimed at:
- facilitating the exchange of information between member states in
the framework of regional working groups and conferences.
- preparation of training courses for the creation and maintenance of
professional standards.
- coordination and facilitation of international operations.
- creating a global contact list to investigate cybercrime.
- assisting member states in the event of cyberattacks or cybercrime
investigations through databases.
121
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
- development of strategic partnership with other international and
private sector organizations.
- detection of new threats and transfer of intelligence to member
countries.
- ensuring the functioning of a secure web portal for access to
operational information and documents.
Following a feasibility study by the sociological company Rand
Corporation, the European Commission decided to establish a European
Cybercrime Center (EC3) within the European Police Organization
(Europol). The center is designed to act as a coordinator in the EU’s
ght against cybercrime, facilitating a faster response to online crime.
It supports Member States and institutions of the European Union in
building operational and analytical capacity for research and cooperation
with international partners (Dremliuga et al., 2020). EC-3 ocially began
operations in January 2013 with a mandate to address policing in the
following areas of cybercrime:
- crimes committed by organized groups in order to seize large criminal
proceeds, such as online fraud.
- crimes that cause serious harm to the victim, such as the sexual
exploitation of children online.
- crimes aecting critical infrastructures and information systems in
the countries of the European Union (United Nations, 2021).
EC-3 seeks to become a focal point in the EU’s ght against cybercrime
by building operational and analytical capacity for research and cooperation
with international partners in creating an EU cybercrime-free space. The
European Cybercrime Center is based in The Hague (Netherlands), so the
EC-3 can build on Europol’s existing infrastructure and law enforcement
network. The EC-3 Program Board assists EU governments in managing
the ght against cybercrime (Europol, 2018).
The members of the EU-3 Program Board are currently:
1. EUCTF (European Union Cybercrime Task Force).
2. CIRCAMP (COSPOL project on child pornography on the Internet).
3. ENISA (European Network and Information Security Agency).
4. ECTEG (European Cybercrime Training and Education Group).
5. CEPOL (European Police College).
6. EUROJUST (European Organization for Judicial Cooperation).
7. CERT-EU (European Computer Security Responsibility Team).
122
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
8. International Criminal Police Organization - Interpol.
9. European Commission.
10. EEAS (European External Action Service) (Europol, 2018).
Overcoming the consequences of cybercrime and its prevention is a very
popular topic for public services. Today, not all Member States have reached
the level of know-how needed to start an eective ght against cybercrime.
Cyber police units in most EU countries often do not have the hardware and
software needed to perform even simple forensic examinations.
EC-3 promotes the development of Member States’ capacity by linking
EU funding to EU law enforcement. The high level of training of specialists
in the ght against cybercrime will be the cornerstone of the new project.
EC-3 will actively coordinate technology development and training under
Horizon 2020 (Council of Europe, 2001).
Investigations of online fraud, child abuse and other crimes regularly
open up hundreds of new victims of crime in Europe. Operations of this
magnitude cannot be successfully completed by the national police force
alone. This is where the European Cybercrime Center is of signicant value.
Europol is a community of professionals in Europe for operational
support, coordination and expertise in the eld of cybercrime. The
European Cybercrime Center provides wider joint activities in cooperation
with EU Member States and other key stakeholders; non-EU countries; with
international organizations; with governing bodies and Internet service
providers, with companies dealing with Internet security of the nancial
sector; with academic experts; with civil society organizations.
In other words, the current trend in the international ght against
cybercrime is to expand the scope of cooperation between states. The reality
is the operational cooperation of law enforcement agencies in the ght
against cybercrime (Interpol, Europol, Eurojust), the creation and use of a
single database on cybercriminals, on committed and planned cybercrimes
(primarily works 24/7). Note that the work of Interpol in terms of eciency
of information processing is less eective than specialized organizations of
smaller scale.
3. Measures to combat cybercrime in Ukraine
Threats to Ukraine’s national security and relevant state policy priorities
in the areas of national and public security are dened in the Law of
Ukraine “On National Security of Ukraine”, National Security Strategy of
Ukraine, Military Security Strategy of Ukraine, Cyber Security Strategy of
Ukraine and other documents related to national security and defense and
123
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
are determined by the National Security and Defense Council of Ukraine, as
well as approved by decrees of the President of Ukraine.
It should be noted that in accordance with the goals of the Strategy
for the Development of the System of the Ministry of Internal Aairs of
Ukraine until 2020 (hereinafter - the Ministry of Internal Aairs) it was
planned to create a safe environment for the existence and development of
a free society. It was assumed that the achievement of this goal was possible
through the implementation of the following measures:
- formation and implementation of state policy in the eld of internal
aairs.
- strengthening public condence in the bodies of the Ministry of
Internal Aairs.
- ensuring the development of Ukraine as a secure European state, the
basis of which are the interests of its citizens and the high eciency
of all components of the system of the Ministry of Internal Aairs
(Ryazantseva, 2014).
The implementation of these measures for Ukraine is a serious stage in
its development, as this Strategy will contribute to the implementation of
European integration policy in the eld of internal aairs. Thus, Ukraine
will achieve the indicators necessary for Ukraine’s full membership in the
North Atlantic Treaty Organization.
Analysis of the provisions of this Strategy reveals that the approaches,
which will ensure the implementation of its objectives, require clarication
in connection with the declarative principles that they include. The point is
that service to society (indicated as one of the tasks of the system of bodies
of the Ministry of Internal Aairs) is already enshrined in the Constitution
of Ukraine, and in this Strategy is an a priori postulate. The provisions of
this Strategy require renement in the direction of bringing them in line
with the provisions of the Law of Ukraine “On National Security of Ukraine”
(Verkhovna Rada, 2018). Thus, this Law denes national security as a state
of protection of national interests of the individual, society, and the state.
At the same time, the Strategy for the Development of the System of the
Ministry of Internal Aairs of Ukraine until 2020 envisages the creation of
a safe environment and the elimination of the negative impact of modern
challenges to personal and social security.
Modern management practices and information activities that will
be implemented during the implementation of the Strategy will require
signicant nancial investments.
According to its developers, the source of replenishment of costs for the
implementation of measures in the eld of creating a safe environment,
ensuring a balanced migration policy etc., will be the state budget, as well as
124
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
international technical assistance and other sources not prohibited by law.
In this case, it is necessary to pay more attention during the implementation
of the Strategy to the approaches aimed at involving society in the process
of creating a safe environment, increasing intolerance to corruption and
the development of democratic civilian control. This should have a positive
eect on funding the implementation of the above measures, as well as
ensure their support from society, which, in turn, will strengthen condence
in the bodies of the Ministry of Internal Aairs as a whole (Kopotun, 2020).
In the Criminal code of Ukraine, as cybercrimes are recognized such
crimes in the eld of use of electronic computers, systems, computer, and
telecommunication networks:
1) unauthorized interference in the work of electronic computers,
automated systems, computer networks or telecommunication
networks (Article 361).
2) creation for the purpose of use, distribution or sale of malicious
software or hardware, as well as their distribution or sale (Article
361-1).
3) unauthorized sale or dissemination of information with limited
access, which is stored in computers, automated systems, computer
networks or on the media of such information (Article 361-2).
4) unauthorized actions with information that is processed in
computers, automated systems, computer networks or stored on the
media of such information, committed by a person who has the right
to access it (Article 362).
5) violation of the rules of operation of electronic computers, automated
systems, computer networks or telecommunication networks or the
procedure or rules for the protection of information processed in
them (Article 363).
6) interference with the work of electronic computers, automated
systems, computer networks or telecommunication networks by
mass distribution of telecommunication messages (Article 363-1).
Article 361-1 of the Criminal Code of Ukraine provides for the creation,
distribution, or sale of malicious software - a particular program or set of
programs that interferes with the functioning of the computer, damages
the data on it or leads to other undesirable consequences in the computer
system (Verkhovna Rada, 2019).
Malware can take many forms and can be used as an aid in hacking
and other cybercrimes (Nekit et al., 2020). According to Article 361-2
of the Criminal Code of Ukraine, an oense is the unauthorized sale or
dissemination of restricted information stored on computers or other
125
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
media. However, the sale and dissemination of such information need not
result from the commission of the oenses set forth above.
“Computer” information with limited access is divided into condential
and classied. Condential information contains information that is in the
possession, use or disposal of individuals, disseminated at their request in
accordance with the conditions provided by them. Classied information
includes information that constitutes a state and other secret provided by
law, the disclosure of which harms the person, society, and the state.
According to Article 362 of the Criminal Code of Ukraine, cybercrime
is the unauthorized alteration, destruction or blocking of computer
information. This article also penalizes unauthorized interception or
copying of computer information if it has led to its leakage. Moreover,
the subject of this crime is only persons who have the right to access such
information.
Article 363 of the Criminal Code of Ukraine provides for such criminal
acts as violation of the rules of operation of computers (which may be
expressed in non-fulllment or improper fulllment of obligations to
comply with the rules of operation of computers, for example, rules of
hardware or rules of operation of their software, and violations the order or
rules of information protection (non-fulllment or improper fulllment of
the requirements of information protection established by legal acts), if it
has caused signicant damage committed by persons responsible for such
operation or protection.
Article 363-1 of the Criminal Code of Ukraine provides for liability
for intentional mass distribution of messages, carried out without the
prior consent of the recipients, which led to the violation or shutdown
of the computer. The messages in question are so-called “spam”, i.e. the
mass distribution of unsolicited e-mails. Due to the mass nature of spam
messages, the latter complicate the work of information systems and
resources, creating unnecessary overload for them, which may be the cause
of their failure. “Spam” can also be a carrier of the previously mentioned
malware and viruses (Bogutsky, 2018).
Information crimes, according to Ukrainian law, can take various forms
and methods of commission. In addition, we can say that the actions
committed by cybercriminals can be complex, i.e. constitute a set of
cybercrimes that accompany and provide each other.
The social danger of cybercrime and the urgency of this problem is
illustrated by such a phenomenon as cyberattack. Cyberattack - targeted
(intentional) actions in cyberspace, which are carried out by means of
electronic communications and aimed at achieving the following goals:
126
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
- violation of condentiality, integrity, availability of electronic
information resources processed (transmitted, stored) in
communication and/or technological systems, obtaining
unauthorized access to such resources.
- violation of security, sustainable, reliable, and regular operation of
communication and/or technological systems.
- use of the communication system, its resources and means of
electronic communications for cyberattacks on other objects of cyber
defense (Bogush et al., 2014).
Cyberattacks, due to their specicity, are often aimed at automated
and information systems of national importance. Examples of this are the
well-known cyberattacks on energy companies in Ukraine on December 23,
2015, when criminals successfully attacked the computer control systems of
three energy companies in Ukraine, or the cyberattack on December 17-18,
2016, when the substation “Northern” of the energy company “ Ukrenergo
”, which resulted in leaving consumers of certain districts of Kyiv without
electricity (Kokhanovska, 2011).
In view of all the above, it can be concluded that cybercrimes do have
a high degree of public danger, because the actions that constitute such
crimes are quite dicult to implement, as they require special knowledge
in the eld of computer technology. This means that the use of existing
methods of protection against them also requires a certain level of awareness
in this area. Thus, one of the problematic aspects of the phenomenon of
cybercrime is the low level of IT education of the population of dierent
countries, in particular, Ukraine. The diculty is that computer technology
is quite dicult to master, so it is very important for the average citizen to
know at least the simplest methods of protection that do not require deep
specic knowledge.
4. Practical recommendations for the prevention of cybercrime
The activity of the world’s leading countries in cyberspace, profound
changes in domestic information policy and the formation of powerful
transnational criminal groups specializing in cybercrime necessitate
the development of priorities for the transformation of the domestic
cybersecurity sector, taking into account the above trends.
Since the information technologies that exist at the moment allow us to
both hide the location and use the data of others, the next steps are needed
at the national and international levels.
At the national level:
127
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
1. Participation in the development of an international strategy to
combat cyber threats and the creation of unied international legal
mechanisms for regulating cyberspace with such statements:
1) the common goal and direction of the Cyber Security Strategy is
to determine the virtual security of the individual, organization
and state by dening a system of priorities, principles and
measures in the eld of domestic and foreign policy, which
should reect all components of cyberspace.
2) specic / private areas of the strategy need to determine
the standards of cooperation of the information society
- individuals, organizations, and the state in the eld of
cybersecurity. Such standards include:
- rules for maintaining a balance between establishing liability
for non-compliance with cybersecurity requirements, on
the one hand, and the introduction of excessive restrictions
- on the other.
- priority of cybersecurity risks in accordance with the
possibilities of cyber threats and the size of the negative
consequences of cybersecurity incidents.
- updating the means and methods of cybersecurity in order
to counter the ever-changing cyber threats (Yarema, 2016).
2. Development and implementation of a multi-level institutional
system of cybersecurity, which would include:
1) scientic and analytical level, which would study the risks
of cybersecurity in accordance with the possibilities of
implementing cyber threats and the size of the negative
consequences, updated the means and methods of
cybersecurity.
As the problem lies in the complexity of classifying threats that go
beyond the territory of the state, it is necessary to emphasize
the need for any state to develop measures to identify cyber
threats, as well as their timely detection, prevention, protection
and minimization of consequences.
2) the executive level, which would coordinate in two directions -
internal (between national structures responsible for detecting
and combating cyber threats) and external, when coordination
is carried out between national structures and similar foreign
regional / international institutions (Hancock, 2000).
128
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
3. Increase capacity in the information sphere to counter electronic
attacks.
It is necessary to strengthen domestic policy measures to stimulate
the development of the technological component of cybersecurity
to maintain a balance of power and counterbalance other likely
“adversaries” in the eld of cybersecurity.
4. Act and implement regional and international cooperation in the
eld of cybersecurity, tracking the activities of criminal, terrorist
groups and individual hackers operating in cyberspace.
5. Act and take an active part in the development of international
cooperation in the eld of cyber threat detection, timely detection,
prevention, protection, and minimization of consequences (Downing,
2005).
At the international level:
1. Development and implementation of an international agreement in
the eld of prevention and investigation of cyber aggression, as well
as updating of the existing regulations;
2. Creation an international body with regional oces. This body
should be the equivalent of the UN in cyberspace - UN Cyberspace
(hereinafter - UNC), it should have several structures. There should
be a scientic-analytical level, where the same functions should be
performed as at the national level. In addition, there should be an
executive level and a regional level that will allow in case of cyber-
aggression to join the ght in time. It is also required that the
activities of the UNC be carried out by 12 administrators, elected
annually from the members of the UNC. Unlike the UN, there should
be no privileged members, vetoes or permanent members. In the
event of cyber-aggression, the UNC should establish a commission
of inquiry from international, regional, and national representatives.
The conclusions of the commission with the relevant evidence should
be sent to the international court.
Conclusions
For Ukraine, entering a new stage of social development means an
unalterable situation in which only improving the use of the information
base of the Ukrainian nation and state, as well as the development of
information production and social information communication systems,
can ensure a proper position in international cooperation.
129
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
The key to this development is the organization of security of national
information sovereignty for Ukraine both as an object of global information
inuences and as a full-edged subject of international activity, international
information exchanges are extremely important. The guarantor of the
existence and development of national information resources in the context
of global inuences is the eective information security of our society.
The processes of globalization, catalyzed in recent decades by
informatization based on electronic technologies, in addition to their positive
signicance for the development of progress cause new challenges and
threats to the information infrastructure, national information sovereignty,
identity, self-awareness, and for civilization - many opportunities for further
development. Therefore, work to neutralize cyber threats as an important
component of information security is the key to the eective use and long-
term development of sovereign for each state, nation information arrays.
The development of eective tools for ensuring information sovereignty is
an important condition for social development and a priority today. Issues of
cyber security are extremely important for the Ukrainian state at the present
stage, which is primarily due to the need to resist illegal encroachment on
the information space of Ukraine, preservation of information resources,
protection of the population from negative information inuence and more.
In addition, a strategically recognized priority of Ukraine’s foreign
policy is European integration, which requires improving the regulatory
framework for cyber security of Ukraine, which would meet not only
international standards, but primarily Ukrainian national interests in the
information sphere.
Defeat in information warfare, including cyber warfare, can inevitably
lead to the disintegration of any state. In modern conditions, many important
systems of the industrial and defense sector of the economy, such as the air
trac management system, energy and nuclear enterprises and the grid,
working on the basis of information and communication technologies, pose
potential risks due to their vulnerabilities to outside intrusion.
Bibliographical References
BELSKY, Yuriy. 2014. “On the denition of cybercrime” In: Legal Bulletin. Vol.
6, pp. 414–418.
BOGUSH, Volodymyr; KRYVUTSA, Volodymyr; KUDIN, Anton. 2014.
“Information security: Terminological textbook” In: Kyiv: OOO DVK, p.
508.
130
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
BOGUTSKY, Pavlo. 2018. “Nonlinear rationality of the legal system” In: Law of
Ukraine. Vol. 6, pp. 182–195.
BUTUNBAEV, Timur. 2020. “Features Of International Legal Cooperation In
Combating Cyber Crime” In: International Journal of Advanced Research
(IJAR). Vol. 8, No. pp. 05, 100-107. Available online. In: http://dx.doi.
org/10.21474/IJAR01/10911. Consultation date: 15/06/2020.
COUNCIL OF EUROPE. 2001. European Convention on Cybercrime. Available
online. In: https://www.europarl.europa.eu/meetdocs/2014_2019/
documents/libe/dv/7_conv_budapest_/7_conv_budapest_en.pdf.
Consultation date: 23/09/2020.
DJERF-PIERRE, Monika. 2018. “Squaring the circle: public service and
commercial news on Swedish television” In: Journalism Studies. Vol.1,
No.2, pp. 239-260.
DOWNING, Robert. 2005. “Shoring up the weakest link: What lawmakers
around the world need to consider in developing comprehensive laws to
combat cybercrime” In: Columbia journal of transnational law. Vol. 43,
No. 3, pp. 705-762.
DREMLIUGA, Roman; DREMLIUGA, Olga; KUZNETSOV, Pavel. 2020.
“Combating the threats of cybercrimes in Russia evolution of the
cybercrime laws and social concern” In: Communist and post-communist
studies. Vol. 53, No. 3, pp. 123-136.
EUROPOL. 2018. Internet Organised Crime Threat Assessment 2018. Available
online. In: https://www.europol.europa.eu/activities-services/main-
reports/internet-organisedcrime-threat-assessment-iocta-2018.
Consultation date: 23/09/2020.
HANCOCK, Brian. 2000. “Getting the laws to help combat cybercrime (There’s
a grand idea)” In: Computer & security. Vol. 19, No. 8, pp. 669-670.
KESSEL, Jonah; MOZUR, Paul. 2016. How China Is Changing Your Internet.
Available online. In: https://www.worldpressphoto.org/collection/
storytelling/2017/29057/2017-how-china-is-changing-your-internet.
Consultation date: 23/09/2020.
KOKHANOVSKA, Olena. 2011. “Legal regulation in the eld of information
relations” In: Kyiv: National Academy of Internal Aairs of Ukraine, p.
212.
KOPOTUN, Igor. 2020. “Expanding the Potential of the Preventive and Law
Enforcement Function of the Security Police in Combating Cybercrime
in Ukraine and the EU” In: TEM journal – Technology education
131
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 115-132
management informatics. Vol. 9, No. 2, pp. 460-468.
NEKIT, Kateryna; KOLODIN, Denis; FEDOROV, Valentyn. 2020. “Personal
data protection and liability for damage in the eld of the Internet of
Things” In: Juridical Tribune. Vol. 10, No. 1, pp. 80-93.
POZHUYEV, Volodymyr. 2016. “Formation of the state information policy in the
conditions of globalization” In: Humanitarian bulletin of the Zaporozhye
state engineering academy. Vol. 43, pp. 4–12.
ROGOVETS, Vitaliy. 2015. “Information wars in the modern world: causes,
mechanisms, consequences” In: Personnel. No. 5, pp. 10-17.
RYAZANTSEVA, Iryna. 2014. “Problematic issues of building a national
cybersecurity system”. In: Law and security: science magazine. Vol. 2,
No. 53, pp. 140–144.
SANDERS, Karen; CANEL CRESPO, María José; HOLTZS-BACHA, Christina.
2017. “Communicating governments: a three-country comparison of
how governments communicate with citizens” In: The International
Journal of Press/Politics. Vol. 16, No. 4, pp. 82-96.
STATISTA. 2020. The level of penetration of the Internet in the world. Available
online. In: https://www.statista.com/statistics/269329/penetration-
rate-of-the-internetby-region/. Consultation date: 23/09/2020.
UNITED NATIONS. 2021. European Institute for Crime Prevention and
Control, aliated with the United Nations (HEUNI). Available online.
In: https://www.unodc.org/unodc/en/commissions/CCPCJ/PNI/
institutes-HEUNI.html. Consultation date: 02/03/2021.
US DEPARTMENT OF DEFENSE. 2009. Report on Strategic Communication.
Available online. In: https://www.hsdl.org/?view&did=716396.
Consultation date: 23/09/2020.
VERKHOVNA RADA OF UKRAINE. 2018. On National Security of Ukraine:
Law of Ukraine of June 21, 2018 № 964-IV. Available online. In: https://
zakon.rada.gov.ua/laws/show/2469-19#n355. Consultation date:
23/09/2020.
VERKHOVNA RADA OF UKRAINE. 2019. Criminal Code of Ukraine of
November 28, 2019, grounds - 263-IX, 284-IX. Available online. In:
https://zakon.rada.gov.ua/laws/main/2341-14. Consultation date:
23/09/2020.
WANG, Shun-Yung Kevin. 2021. “Collaboration between law enforcement
agencies in combating cybercrime: implications of a Taiwanese case
132
Serhii Cherniavskyi, Viktoria Babanina, Oleksandr Mykytchyk y Liudmyla Mostepaniuk
Measures to combat cybercrime: analysis of international and Ukrainian experience
study about ATM hacking” In: International journal of oender therapy
and comparative criminology. Vol. 65, No. 4, pp. 390-408.
YAREMA, Oleksandr. 2016. “The subject of legal support of information security
in information law” In: Scientic herald of the Lviv state university of
internal aairs. No. 2, pp. 244–252.
ZAPOROZHETS, Olha. 2009. “Policy of the European Union in the eld of
information security” In: Current issues of international relations. Vol.
8, pp. 36-45.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en julio de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 69