Cybercrimes: Concept, Сlassification, International Countering

Abstract

Introduction . In the criminal law doctrine, in the legislative sources and internationally recognised official documents there exist different approaches to defining the concepts of “cyber criminality” and “cybercrime”, different nomenclatures and classifications of these criminal actions are proposed. These discrepancies negatively influence the efficiency of the fight against this type of crime. The transboundary nature of cybercrimes and interrelation between the information and telecommunication technologies and the information infrastructures (Internet) testify that efficient provision of cybersecurity is possible only on condition of the international cooperation in this field. This implies development of the unified approach to defining the cybercrimes concept and nomenclature and extension of cooperation between the countries in detecting, suppressing, solving and investigating the cybercrimes. The aim of the study is to define the concept of “cyber criminality”, to consider cybercrimes classification and to develop proposals for improving the legal regulation in the field of cybercrime countering. Materials and Methods . The object of the study is social relations in the field of cybercrime countering. In the course of the study, the legal methodology was used, including general as well as special scientific methods. Results . The article formulates the authors’ definition of the term “cyber criminality”, defines the theoretical and practical significance of the cybercrimes classification based on the grounds of such notions as: object of criminal encroachment; the subject of the crime; the method and means of committing the crime. Striving to enhance the cyber criminality countering efficiency, the concrete proposals are made to reform the Russian and the international criminal legislation, to establish international cooperation within the framework of the UN, the Shanghai Cooperation Organisation (SCO), the Collective Security Treaty Organisation (CSTO), BRICS. Discussion and Conclusions . The conclusions, suggestions and recommendations formulated in the course of the study have certain theoretical significance as they can become the basis for further studies of the cyber criminality phenomenon in the frame of the criminal law and criminology, as well as have practical significance for improving the cybercrime countering practices and enhancing efficiency of the relevant criminal legislation.