Prosecuting Cybercrimes under International Legal Frameworks: Challenges and Innovations

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Abstract

Combating cybercrime is one of the most relevant areas of the legal community development since the widespread integration of digital technologies into all spheres of human activity demonstrates the need to regulate this sensitive area. The aims: are to study the international legal framework for countering cybercrime, as well as the system of challenges and innovations that exist in the modern world. Study design: 31 items of relevant scientific literature were analysed, which made it possible to comprehensively consider the issues of the article. Place and duration the study: The research took place during the second semester of the 2022-2023 academic years. Methodology: the main methods used in the article were the content analysis, forecasting method, and systematic method. Results: in the article modern interpretations of the term “cybercrime” were defined, certain legal international agreements that counteract its spread (primarily the Budapest Convention as an important current document of modern legal influence) and traces the mechanisms of counteraction and methods of their improvement were examined. Other important legal acts, such as the European Union Directive on the prevention of cyber-attacks on information systems and the European Commission Directive on combating fraud and other financial crimes on the Internet, were also considered. As a result, it was found that there were differences at the interstate level in the organisation of the cooperation, which included multilateral and bilateral agreements. The identified problems included insufficient interaction between the law enforcement agencies of different countries at the relevant stages, as well as the lack of an agreed mechanism for obtaining external data. The conclusions established that close ties at the level of international law enforcement systems aimed at addressing cybercrime issues could be effective in overcoming these difficulties.
在国际法律框架下起诉网络犯罪:挑战与创新
打击网络犯罪是法律界发展中最相关的领域之一,因为数字技术广泛融入人类活动的所有领域表明需要对这一敏感领域进行监管。目的是研究打击网络犯罪的国际法律框架,以及现代世界中存在的挑战和创新体系。研究设计:分析31项相关科学文献,使本文的问题得以全面考虑。研究地点和持续时间:研究在2022-2023学年的第二学期进行。方法论:本文主要采用的方法有内容分析法、预测法和系统法。结果:文章界定了对"网络犯罪"一词的现代解释,审查了遏制其传播的某些国际法律协定(主要是作为具有现代法律影响的重要现行文件的《布达佩斯公约》),并探讨了遏制机制和改进这些机制的方法。会议还审议了其他重要的法律行为,如《欧洲联盟关于防止对信息系统进行网络攻击的指令》和《欧洲委员会关于打击互联网欺诈和其他金融犯罪的指令》。结果发现,在组织包括多边和双边协定在内的合作方面,国家间存在差异。所查明的问题包括不同国家执法机构在有关阶段的相互作用不足,以及缺乏商定的获取外部数据的机制。结论确定,旨在解决网络犯罪问题的国际执法系统一级的密切联系可以有效地克服这些困难。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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