打击网络犯罪国际法律体系的形成:从术语到国际公约草案

I. Gorelik
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引用次数: 0

摘要

研究的主题是在信息和通信技术领域打击犯罪的现代全球国际法律机制的形成过程。该研究的目的是将这些国际法律机制形成的主要阶段的信息系统化,以评估打击网络犯罪的国际法律体系的现状及其进一步发展的前景。研究方法主要有系统法和形式法、语言学法和比较法。研究结果表明,国际社会在形成打击网络犯罪的全球体系的过程中所面临和继续面临的主要问题。特别审查了术语问题,结果得出的结论是,目前在国际法律领域仍然没有网络犯罪的普遍定义,这大大复杂化了对这种犯罪行为进行明确法律资格的过程。此外,还按时间顺序审议了打击网络犯罪的现代国际法律制度形成的一些阶段。因此,提出了一个描述:欧洲委员会关于计算机犯罪的公约,北约制定的关于在网络战情况下适用国际法律规范的塔林准则,以及俄罗斯制定的联合国关于反对将信息和通信技术用于犯罪目的的公约草案。该研究的主要结论是,当今全球打击网络犯罪的国际体系仍处于形成的早期阶段。人们指出,阻碍这一制度进一步发展的因素之一是许多国家的立场,它们认为《布达佩斯公约》是一项有效的国际法律文书,不需要在概念上进行改进。在网络犯罪监管领域制定国际法律行为的过程中,各国也缺乏全球一致性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Formation of an International Legal System for Countering Cybercrime: from Terminology to the Draft Universal Convention
The subject of the study is the process of formation of modern global international legal mechanisms for combating crime in the field of information and communication technologies. The purpose of the study is to systematize information about the main stages of the formation of these international legal mechanisms, to assess the current state of the international legal system for countering cybercrime and the prospects for its further development. The main research methods used are a systematic and formal legal approach, linguistic and comparative legal method. As a result of the study, the main problems that the international community has faced and continues to face on the way to forming a global system to combat cybercrime have been identified. In particular, the problem of terminology was examined, as a result of which it was concluded that there is still no universal definition for cybercrime in the international legal field at the moment, which significantly complicates the process of clear legal qualification of such criminal acts. Also, in chronological order, some stages of the formation of the modern international legal system for countering cybercrime were considered. Thus, a description was presented: the Council of Europe Convention on Computer Crimes, the Tallinn Guidelines on the Application of International Legal Norms in the Case of Cyber Warfare developed by NATO, and the Draft UN Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes developed by Russia. The main conclusion of the study is the conclusion that today the global international system for combating cybercrime is still in the early stages of formation. It is noted that one of the factors hindering the further development of this system is the position of many States that consider the Budapest Convention as an effective international legal instrument that does not require conceptual improvements. There is also a lack of global coherence of states in the process of creating international legal acts in the field of cybercrime regulation.
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