Yatsyshyn M. International legal cooperation in the field of combating cybercrime.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003770

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

30-08-2019

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The work is devoted to the complex study of the actual problem of the theory and practice of international law – international legal cooperation in the field of combating cybercrime. A generalization of the basic principles of the universal concept of cybercrime as well as determination of the ways of its development is carried out. On the basis of the analysis of modern approaches to the understanding of cybercrime in the theory and practice of international law, the essence of this concept is disclosed, its main characteristics are determined, classification is generalized. The process of evolution of the Institute of international legal cooperation in the field of combating cybercrime is described. Particular attention is paid to some promising areas of international legal cooperation of the states regarding counteraction to cybernetic crimes. The author researched the international legal regulation of cyberwar, considered ways to improve the material and procedural rules of the Institute of international legal cooperation in the field of combating cybercrime. Taking into account the special relevance of the chosen topic for Ukraine, an analysis of the legal and institutional foundations for combating cybercrime in Ukraine was conducted, as well as the possibilities of international legal qualification of cyberattacks committed on the territory of Ukraine during the aggression of the Russian Federation. The submitted thesis is a special complex research of international legal bases and forms of cooperation in the field of combating cybercrime, which determines the scientific novelty of the research. The paper proposes author's definitions of key concepts: "cybercrime", "cyberattack", "cyberwar","Institute of international legal cooperation in the field of combating cybercrime". The author states the existence of different classifications of cyber crime and proposes to generalize and systematize them according to the following groups: 1) cybercrime under domestic law (criminalized by national legislation); 2) transnational cybercrime (crimes of international character, criminalized by international agreements); 3) international cybercrime (international crimes that violate international law, protecting the most important interests of the international community as a whole, in particular cyberwar). For the first time the existence of the Institute of international legal cooperation in the field of combating cybercrime was substantiated in the dissertation research. This Institute is at the stage of formation and carried out at the supranational level within the mechanisms of international legal assistance and cooperation on criminal cases. There is a significant fragmentation and heterogeneity of the norms of this institute, which needs harmonization and reconciliation. For these reasons, it is proposed to initiate the preparation of the Universal Convention on Cybercrime whithin the UN. In the course of this work, it was made the further development of the rationale for the extension of the basic principles of international law, as well as special principles (good neighborliness, due diligence, effective control, double criminality) on international legal relations in the field of countering cybercrime. The informative characteristics of following special principles: technical neutrality, multistakeholderism (public-private partnership), equivalence of human rights protection online and offline, have been improved. Separate consideration is given to the application of international law to prohibit the use of force in cyberspace. In this context, the author defines the notion of "cyberwar", analyzes its essence and features on the basis of which cybernetic warfare can be qualified as an international crime. In order to determine perspective directions of improvement of the institute of international legal cooperation in the field of combating cybercrime, the author carried out a thorough analysis of substantive legal norms (concerning regulation of Internet of things in international law, crimes against objects of critical infrastructure, institutional foundations of the international legal mechanism for combating cybercrime) and provisions on criminal-procedural cooperation (cross-border access to information, recognition and use of electronic evidence, 24/7 operation of information networks and computer emergency response teams).

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