COOPERATION OF STATES IN THE FIELD OF COMBATING CYBER CRIME AND APPROACHES TO SOLVING THE PROBLEM OF CYBER TERRORISM

Authors

  • Karina Shakhbazian Centre of Intellectual Property Studies and Technology Transfer NAS of Ukraine

DOI:

https://doi.org/10.17721/apmv.2021.148.1.35-48

Abstract

Abstract. Currently, society is evolving into information one, which, on the one hand, simplifies the interaction between participants in public relations, and on the other hand, increases the risk of human rights violations, when using information and communication technologies. Changing the structure and scope of information transfer requires both the subjects of social relations, which have a personal interest in ensuring the highest possible level of security of transmitted data, and the state as a whole as a guarantor of the stability of the legal field of public relations. It is obvious that national security largely depends on information security, and in the course of technical progress, this dependence is only growing. Information, acting as an economic and social guarantee of stability of existence and development of society and the state, is the object of close attention and influence of the state. The introduction of e- document management and the creation of interconnected information resources have made information vulnerable to outside interference.
The choice is made by the individual user of information-and-communication technologies, by civil society as a whole (for example, by opposing or supporting certain state policies in the information sphere) and by public authorities, as they decide on lawmaking and implementation of relevant norms. Each state is constantly balancing between the principles of respect for human and civil rights and freedoms, integration into the international community, the need to ensure economic growth and national security. However, no domestic policy should outweigh the need for international cooperation in the fight against crime, which should be based on the principles of openness, mutual assistance, development of new forms of cooperation. It seems that international
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cooperation in the fight against cybercrime should be carried out with the participation of all countries.
The legal basis of the regime of preservation of information in international law includes the following components: basic principles of human rights protection; the procedure for cross-border circulation of information; protection of confidential information; the status of international bodies implementing a unified legal policy in the field of information protection and its implementation.
It seems that international cooperation in the fight against cybercrime must be carried out with the participation of all countries. At the same time, based on a generalized analysis of the legal framework of international, European and national legislation of the EU countries, a certain approach to the implementation of international cooperation in combating cybercrime is proposed: improving the legal framework for international cooperation, harmonized implementation of developed legal norms into national legislation, improving approaches to information exchange.
Key words: cybersecurity, cybercrime, international cooperation, international information law.

Author Biography

  • Karina Shakhbazian, Centre of Intellectual Property Studies and Technology Transfer NAS of Ukraine

    Candidate of Legal Sciences, Chief Scientific Researcher

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Published

2021-12-17