Countering Cybercrime Under Martial Law

Authors

  • Ruslan Orlovskyi Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Sergiy Kharytonov Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Igor Samoshchenko Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Olha Us Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Volodymyr Iemelianenko Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

DOI:

https://doi.org/10.13052/jcsm2245-1439.1264

Keywords:

Cybercrime, countering cybercrime, martial law, cyberspace, cyberattack

Abstract

To date, it is impossible to imagine your life without all kinds of gadgets, the Internet and social networks. The active using of social networks has long been carried out by all state bodies in order to cause confidence of the population to their actions, to see feedback in the format of comments, as well as to show people all topical processes. It is also important to note that Ukraine is an advanced state in the field of electronic document circulation, and therefore almost all processes, starting from the activities of banking institutions and ending with the activity of air and railway transport are carried out by automated electronic systems. Accordingly, the coordinated and uninterrupted functioning of all of the above is due to the stability of cyberspace. In connection with Russia’s attack the information space became the second battlefield. Cyberattacks and official state sites hacking was immediately started, there were active attempts to abduct electronic data of banking institutions and private enterprises. The relevance of this article is determined by it, because a detailed analysis of the characteristic features of cybercrime, the search for methods and mechanisms of countering cybercrime in the conditions of war are the primary tasks and contribution to victory. The purpose of the article is to analyze the current state of countering cybercrime and varieties of cybercrime, to identify features and characteristics of cybercrime, as well as to make proposals for improving the current legislation in this area. The study used the following methods: analysis and synthesis, legal, static, systemic and formal-legal methods, method of interpretation of law. The conclusions, which we will make, can be a basis for further improvement of legislation, research and discussions between theorists and practitioners.

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Author Biographies

Ruslan Orlovskyi, Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Ruslan Orlovskyi received the specialist’s degree in law from Yaroslav Mudryi National Law University in 1995, the PhD in law from Yaroslav Mudryi National Law University in 2001, and the doctor of law degree from Yaroslav Mudryi National Law University in 2019. He works as the Professor at the Department of Criminal Law, Yaroslav Mudryi National Law University. The field of scientific interests includes complicity in a crime, organized crime, human trafficking, legalization of property obtained through criminal means, corruption. He has been a reviewer for many highly respected journals.

Sergiy Kharytonov, Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Sergiy Kharytonov received the specialist’s degree in law from Yaroslav Mudryi National Law University in 1995, the PhD in law from Kharkiv National University of Internal Affairs in 2000, and the doctor of law degree from Yaroslav Mudryi National Law University in 2019. He works as Head of the Department of Criminal Law Policy, Yaroslav Mudryi National Law University. His research areas include criminal low, military crimes, cybercrime. He has been serving as a reviewer for many highly-respected journals.

Igor Samoshchenko, Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Igor Samoshchenko received the specialist’s degree in law from Yaroslav Mudryi National Law University in 1989, the PhD in law from Yaroslav Mudryi National Law University in 1997. He works as the Dean of the Faculty of International Law, Yaroslav Mudryi National Law University. His research areas include criminal low, comparative criminal law, international criminal law. He completed internships and attended educational events with the support of the USAID New Justice Program and the OSCE Project Coordinator in Ukraine (2018–2019).

Olha Us, Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Olha Us received the specialist’s degree in law from Yaroslav Mudryi National Law University in 2001, the PhD in law from Yaroslav Mudryi National Law University in 2005, and the doctor of law degree from Yaroslav Mudryi National Law University in 2021. She works as the Professor at the Department of Criminal Law, Yaroslav Mudryi National Law University. The field of scientific interests includes complicity in a crime, qualification of crimes, punishment, human trafficking, corruption. She has been a reviewer for many highly respected journals.

Volodymyr Iemelianenko, Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Volodymyr Iemelianenko received the specialist’s degree in law from Yaroslav Mudryi National Law University in 2003, the PhD in law from Yaroslav Mudryi National Law University in 2009. He works as the Associate Professor of the Department of Criminal Law Policy, Yaroslav Mudryi National Law University. His research areas include criminal law, military crimes, transport crimes and cybercrimes. He has been serving as a reviewer for many highly-respected journals.

References

K. Orobets, 2022. Concept, signs and types of criminal offence in legislation and practice of the US and Ukraine. Pakistan J. Criminol. 14(2): 47–62.

Constitution of Ukraine, 1996. Available: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80?lang=en#Text.

P. Pushkarenko, 2006. Cybercrime as a new phenomenon of the shadow economy. Probl. Prosp. Dev. Banking Syst. Ukraine. 17: 75–82.

Convention on Cybercrime, 2001. Available: https://zakon.rada.gov.ua/laws/show/994_575#Text

I. Zabara, 2012). International legal regulation of cooperation of states in the fight against information crime. J. Acad. Advoc. Ukraine. 17: 1–6.

Cybersecurity strategy of the European Union: an open, safe and secure cyberspace, 2013. Available: http://www.enisa.europa.eu.

Law of Ukraine No 2163-VIII “On the Basic Principles of Cybersecurity in Ukraine”, 2017. Available: https://zakon.rada.gov.ua/laws/show/2163-19?lang=en#Text.

Criminal Code of Ukraine, 2001. Available: https://zakon.rada.gov.ua/laws/show/en/2341-14#Text.

R. Orlovskyi, O. Us, V. and Shevchuk, 2022. Committing a criminal offence by an organized criminal group. Pakistan J. Criminol. 14(2): 32–45.

V.V. Haltsova, S.O. Kharytonov, O.M. Khramtsov, O.O. Zhytnyi, and A.A. Vasyliev, 2021. Criminal law as a means of protecting human rights and freedoms in the modern world. J. Natl. Acad. Leg. Sci. Ukraine. 28(3): 248–256.

B.M. Holovkin, O.V. Tavolzhanskyi, and O.V. Lysodyed, 2021. Corruption as a cybersecurity threat in the new world order. Connect.: Q. J. 20(2): 75–87.

V. Shevchuk, V. Vapniarchuk, I. Borysenko, D. Zatenatskyi, and V. Semenogov, 2022. Criminalistic methodics of crime investigation: Current problems and promising research areas. Rev. Jurid. Portuc. 32: 320–341.

V. Wadovskyi, 2021. Cybercrime in Ukraine: the most common crimes and how citizens can take care of their own information security. Law. L. 8. Available: https://equity.law/press-center/publications/1169.html.

S. Yatsyshyn, 2018. Cyber-physical systems and their software. Meas. Tech. Metrol. 79(1): 34–38.

R. Movchan, 2022. Analysis of legislative changes aimed at improving the effectiveness of criminal law countering cybercrime in wartime conditions. Leg. Sci. Electron. J. 5: 494–498. doi:10.32782/2524-0374/2022-5/118.

I. Leghan, 2021. Features of international cooperation regarding the prevention and fighting of cybercrime and cyber terrorism. Sci. Bull. Int. Humanitarian Univ. Jurisprud. 50: 118–121.

T. Dibrova, D. Pisenko, and N. Smetanina, 2022. Cybercrime and cyber-fraud under martial law. Leg. Sci. Electron. J. 11: 546–549. doi:10.32782/2524-0374/2022-11/132.

Hloviuk, I., & Zavtur, V. (2022). Law of Ukraine “On amendments to the Criminal Procedure Code of Ukraine and the Law of Ukraine “On electronic communications” on improving the effectiveness of pre-trial investigations “in hot pursuit” and counteracting cyberattacks” No. 2137 – IX: analysis of criminal proceedings. Higher School of Advocacy of HSA, 1–13.

Law of Ukraine No 2297-VI “On Personal Data Protection”, 2010. Available: https://zakon.rada.gov.ua/laws/show/en/2297-17#Text.

Law of Ukraine No 2657-XII “On Information”, 1992. Available: https://zakon.rada.gov.ua/laws/show/en/2657-12#Text.

State Service of Special Communication and Information Protection of Ukraine, 2022. Another cyberattack to state bodies and banks. Available: https://cip.gov.ua/ua/news/chergova-kiberataka-na-saiti-derzhavnikh-organiv-ta-banki.

Ukrinform, 2022a. Sites of Banks and Authorities have undergone a mass DDOS-attack. Available: https://www.ukrinform.ua/rubric-technology/3410542-sajti-bankiv-ta-organiv-vladi-zaznali-masovoi-ddosataki.html.

Ukrinform, 2022b. Hackers are attacking the site of the Kyiv Regional State Administration. Available: https://www.ukrinform.ua/rubric-technology/3411812-sajt-kiivskoi-oda-atakuut-hakeri.html.

Ukrinform, 2022c. Email addresses of the Ukrainian military are being attacked by hackers. Available: https://www.ukrinform.ua/rubric-technology/3412829-emailadresi-ukrainskih-vijskovih-atakuut-hakeri.html.

Law of Ukraine No 2149-IX “On amendments to the Criminal Code of Ukraine to increase the effectiveness of the fight against cybercrime in the conditions of martial law”, 2022. Available: https://zakon.rada.gov.ua/laws/show/2149-20?lang=en#Text.

Law of Ukraine No 2137-IX “On amendments to the Criminal Procedure Code of Ukraine and the Law of Ukraine “On Electronic Communications” regarding increasing the effectiveness of pre-trial investigation “on hot tracks” and countering cyber-attacks”, 2022. Available: https://ips.ligazakon.net/document/view/T222137?an=1.

Yu. Gazizova, 2020. Cybercrime in Ukraine. The era of digital technologies is the era of new crimes. Law. L. 12. Available: https://uz.ligazakon.ua/ua/magazine_article/%20EA013606.

M. Burdin, Yu. Gnusov, and S. Kalyakin, 2018. Certain aspects of combating new generation cyber-attacks. In: Actual Issues of Combating Cybercrime and Human Trafficking: Proceedings of the All-Ukrainian Scientific and Practical Conference (pp. 23–26). Kharkiv National University of Internal Affairs, Kharkiv.

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Published

2023-11-17

How to Cite

1.
Orlovskyi R, Kharytonov S, Samoshchenko I, Us O, Iemelianenko V. Countering Cybercrime Under Martial Law. JCSANDM [Internet]. 2023 Nov. 17 [cited 2024 Jun. 23];12(06):893-910. Available from: https://journals.riverpublishers.com/index.php/JCSANDM/article/view/23063

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