PROBLEMS OF IMPROVEMENT OF THE UKRAINE’S NORMS ON LIABILITY FOR CYBER ACHIEVEMENTS

One of the main trends of the modern information society is the rapid development of the global computer network Internet and the emergence of a number of new services such as e-government, social networks, e-commerce, e-banking and so on. It creates an opportunity for free access to the network in public places, even in remote rural areas.

 From the technological point of view, information space is characterized by complexity of information systems, virtualization of computer networks, complexity of communication systems, integration of telecommunications and the media sphere. The widespread use of information technology allows rapid development in various industries, science, banking sector, especially for developing countries. At the same time, cyber security threats undermine the ability of government, businesses and individual users to maximize its benefits. That is why one cannot stay away from such processes of development and improvement of the criminal law regulation of cybercrime.

 Regarding the analysis of the provisions of improvement of the Criminal Code norms on responsibility for cybercrime, it is worth paying attention to the fact of the absence of registered and not removed bills on the Verkhovna Rada of Ukraine website. This is evidence of the lack of urgency from the point of view of the legislator in the improvement of the Divorce 16 of the Criminal Code. However, taking into account the fact that changes were made to it only four times (Laws No. 908-IV of June 5, 2003, No. 2289-IV of December 23, 2004, No. 767-VII of February 23, 2014, No. 770 -VIII of 10.11.2015), and information and computer technologies are developing extremely fast, the issue of legislative improvement of responsibility for cybercrime is extremely acute. Therefore, let us turn to the doctrinal and practical studies.

 It is worth starting with the differences between the cybercrime existing in the Criminal Code and the Convention on Cybercrime envisaged by Ukraine.

 Yes, national law does not explicitly provide for liability for actions such as:
- intentionally selling, distributing, or otherwise providing computer passwords, access codes, or similar data through which you may gain access to all or part of a computer system for the purpose of committing any of the offenses enumerated in Art. . 2-5 of the Convention;
- possession of devices, including computer programs, created or adapted primarily for the purpose of committing any of the offenses listed in Art. 2-5 of the Convention, or computer passwords, access codes, or similar data that allow access to all or part of the computer system for the purpose of using those items to commit any of the offenses listed in Article IV. 2-5.

 In this regard, the relevant unlawful acts should be criminalized, but in accordance with national developments and existing legal realities. The Department of Financial Investigation of the State Financial Monitoring Service is of the opinion that for the purposes of the Convention, attacks on computer data and systems (ie, illegal access, illegal interception, data interference, system interference, device abuse) should be criminalized the use of computers (forgery and fraud), content-related offenses (child pornography) and copyright and related offenses.

 To date, three directions can be traced within the study question:
- amending the already existing articles of the Criminal Code in order to improve them;
- anticipation of new cybercrime structures by criminalizing socially dangerous acts;
- increase of sanctions in articles of Section 16 of the Criminal Code.

 Thus, today there is a considerable amount of theoretical experience to improve the criminal law regulation of cybercrime that is required by practice, and therefore it is possible to make amendments to Section 16 of the Criminal Code in the near future.