Problems of criminalization of cyberterrorist encroachments

Abstract

This research is aimed at identify the main ways to improve the criminal legislation of Ukraine in the fi eld of counteracting cyberterrorism. The most precise attention is focused on considering of scientists’ proposals, as well as bills dealing with the criminalization of acts of cyberterrorism. The research is based on results of the analysis of the norms of criminal codes of some foreign states in the fi eld of counteracting acts of cyberterrorism. Terrorist activities in cyberspace in the context of globalization and the widespread use of information and communication technologies pose a serious threat to the security of any state and necessitate countering this phenomenon. It is impossible to properly сounteract the manifestations of cyberterrorism (in the scientifi c literature it is sometimes called «electronic», «information», «computer» terrorism) as a new type of terrorism without understanding its nature, modern forms and trends. The author consider that confi rming the position on the need for legislative regulation of criminal responsibility for cyberterrorist acts, we note that the proposed idea meets the grounds and criteria for criminalization, which are developed in the science of criminal law. The criminalization of all forms of terrorist activity without exception and their qualifi cation as terrorist crimes is a necessary precondition for the organization of proper counter-terrorism. A similar recent trend in European countries is in favor of such a solution. The cyber-terrorist acts committed in our state must be qualifi ed under Article 258 «Terrorist act» of the Criminal Сode of Ukraine. The study contains proposals to change the provisions of the current Criminal Code of Ukraine and its new draft, aimed at improving counteracting acts of cyberterrorism. The adoption of the rule in the proposed wording will contribute to a more eff ective response to acts of cyberterrorism, has a certain preventive potential, and also demonstrates the correct understanding by the legislator of the level of public danger of the analyzed acts. Key words: criminalization, cyberterrorism, act of cyberterrorism, cyberspace.