The Phenomenon Of Cyber Crime In The Focus Of Conceptual Legal Analysis

Abstract

The paper explores the phenomenon of cybercrime in the modern conditions of digital transformation of social relations. Based on the analysis of five regional conventions (the Council of Europe Convention “On Crime in the Field of Computer Information”, 2001; African Union Convention “On Cybersecurity and Personal Data Protection”, 2014; State Cooperation Agreement- the Members of the Commonwealth of Independent States in the fight against crimes in the field of computer information, 2001; League of Arab States Convention "On the fight against crimes in the field of information technology", 2010; Agreement between Governments of States- members of the Shanghai Cooperation Organization on cooperation in the field of ensuring international information security, 2009.) and generalization of theoretical ideas about this phenomenon, there is a conclusion that the concept of "cybercrime" is relevant, since in international practice of countering socially dangerous acts committed through the use of information and communication technologies, there is no unified and a comprehensive list of cybercrimes. The article provides a conceptual and legal definition of cybercrime, by which it is proposed to understand a historically changeable social and criminal-legal negative phenomenon, representing the entire set of crimes committed through the use of information and communication technologies that infringing on the security of information systems and threatening confidentiality, integrity and availability of computer data and systems, public health and public morality, as well as public relations emerging in connection with the owner’s powers and in the field of the implementation of copyright and related rights.