Features of the qualification of organized computer crime in Ukraine

Abstract

This article analyzes the features inherent in the criminal qualification of criminal offenses in the field of use of electronic computing machines (computers), systems and computer networks and telecommunication networks that are of a group nature. It was established that their features are high technology, latency, usually a group nature and a high level of public danger, which makes it difficult to identify and investigate relevant crimes, bring all members of the group to criminal responsibility. It is noted that organized computer crime should be understood as a set of computer crimes committed in connection with the creation and activities of organized criminal groups. It has been established that accomplices in computer crimes are the organizer (mostly project coordinators, under whose leadership attack plans are developed, malicious software is created, confidential information about individuals is collected for the purpose of sale on the "black market”, etc.), executor, instigator and accomplice. It is emphasized that the special subject of these crimes is a hacker, who is usually the perpetrator of the crime. Arguments are given that the time interval between the conspiracy and the beginning of the commission of socially dangerous actions for each of the perpetrators of the crime does not play a key role, at the same time, the intention of pre­discussed concerted actions, which are necessary to achieve a criminal result, must be established. The tendency to increase the number of computer crimes with the use of remote access communication tools, the unification of hackers in groups that have signs of organized criminal groups, the use of specially created places for communication (forums, specialized sites, etc.), the presence of a clear hierarchy and distribution was revealed roles in the execution of illegal actions.