CYBER GROOMING AND LIABILITY FOR IT

Abstract

In the 21st century, the Internet is accessible to everyone without exception, in this regard there is no doubt that this creates ideal conditions for the development of cybercrime. According to Interpol, the increase of crime rates in the global computer network is the largest compared to other types of crime, including drug and arms traffi cking.Although along with the development of the Internet, there is a growing interest in crimes, and more precisely, in the unlimited possibilities of committing crimes against sexual freedom and sexual inviolability in cyberspace, the domestic law remains ambiguous regarding the penalization of the latter. The article emphasizes on the achievement of scientifi c and technological progress, the development of information technology, in particular the Internet as a powerful and dangerous tool, which is used in committing crimes against sexual freedom and sexual inviolability of minors. Here the Ukrainian and international legislation, judicial practice, and scientifi c research are analyzed; reasonable conclusions are made that are of both theoretical and practical signifi cance for the outlined issue. Unfortunately, Ukraine is already late in shaping a policy for protecting children in the digital environment. On counteraction to off enses related to cyber grooming, the national legislation has no explicit provisions aimed at implementing article 23 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. Therefore, at the current stage of national implementation of international law, it would be worthwhile to adopt relevant legislative acts and amend the Criminal Code of Ukraine, in particular, to defi ne cyber grooming as a type of cybercrime at the legislative level; to determine the liability for cyber grooming through legislation; and for the Verkhovna Rada of Ukraine to revisit the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine (regarding the implementation of the Unifi ed Register of Persons Convicted for Crimes Against Sexual Freedom and Sexual Inviolability of Minors, and on the Increase of Liability for Crimes Committed against Sexual Freedom and Sexual Inviolability of Minors)».