Foreign Criminal and Legal Policy of the State in the Context of Transnational Cybercrime
Abstract
Abstract. The article presents a comprehensive study of the essence and features of the state's foreign criminal and legal policy in the context of transnational cybercrime. It is substantiated that the rapid development of information and communication technologies and the digitalization of social relations have led to the formation of new forms of criminal activity, which are characterized by transnationality, a high level of latency and technological complexity. It is established that such signs of cybercrime significantly complicate the application of traditional mechanisms of criminal and legal response and necessitate the activation of international cooperation. The international legal principles of combating cybercrime are analyzed, in particular the provisions of the Budapest Convention, acts of the European Union and other international instruments aimed at harmonizing criminal legislation and developing mechanisms for interaction between states. It is determined that foreign criminal law policy is a key tool for coordinating international efforts in the field of combating cyber threats, ensuring information exchange, joint investigation of crimes and the formation of unified approaches to the criminalization of cyber crimes. The main problems of implementing foreign criminal law policy of Ukraine are outlined, including: the lag of legislation from the dynamics of cyber crime development, the complexity of collecting and using electronic evidence, the difficulties of determining jurisdiction in cross-border cases, as well as the lack of effectiveness of international cooperation. The need for further improvement of the regulatory framework, strengthening the institutional capacity of competent authorities and expanding international cooperation is substantiated.
Keywords: cyber crime; transnational crime; criminal law policy; international cooperation; cybersecurity; harmonization of legislation.
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References
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