HISTORICAL DEVELOPMENT OF THE LEGISLATION OF COMBATING CYBERCRIME IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The author of the article in result of analysis of legislation in area of combating of cybercrime determines the next periods: 1) soviet period as the period of Soviet legislation in Ukraine that regulate social relations in the field of information security; 2) post-Soviet period of the Law of Ukraine «On protection of information in automated systems» on July 5, 1994 № 80/94-BP which was first enshrined the basic concepts such as: access, lock, object, subject, protection and unauthorized actions on information; 3) the initial period of this period they were selected as the period when it was first enshrined in Article 198-1 of the Criminal Code of Ukraine from 1960 liability for intentional interference with operation of automated systems and distribution of software and hardware designed for illegal penetration into them; 4) early period which began with adoption of the new Criminal Code of Ukraine in 2001, in which «computer crime» has been allocated in separate section XVI «Crimes in the use of computers (computer) systems and computer networks», whose appearance was an objective necessity; 5) Period of implementation Convention of Cybercrimes in Ukrainian legislation should define the period after the signing of the Convention «On cybercrime» its provisions were largely reflected in national legislation; 6) the period of adaptation began in connection with the adoption of the Law of Ukraine «On State Program of Adaptation of Ukraine to the European Union» under which all subsequently adopted legislative acts were adopted with regard to compliance with European legislation. The adoption of this law determined the European direction of developing Ukrainian legislation; 7) current period began with the changes to Section XVI of the Criminal Code of Ukraine, as it was largely covered most of the concepts and types of attacks in the area of responsibility for crimes committed in the area of computer information; 8) information period started with the adoption of a number of acts that promote the establishment of information society in Ukraine and deepening international cooperation in combating computer crime. Allocation periods of develop legislation in cyber crimes area allows to find the gaps in previous legal acts, and find the ways of improvement futures legal acts in this area.
Authors and Affiliations
Ю. А. Бельський
Keywords
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