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International cooperation in the fight against cybercrime
Section 18. Science of law
Aratuly Kuanysh, Kazakh National University named after al-Farabi, associate professor, the Faculty of Law
Baigazy Yerlen,
Kazakh National University named after al-Farabi, undergraduate, the Faculty of Law
Tarap Zhazyra, Humanities University of transport and law named after D. A. Kunaev, senior lecturer, the Faculty of Law E-mail: B_ali_77@mail.ru
International cooperation in the fight against cybercrime
Abstract: This article discusses the issues of cybercrime.
Keywords: criminal law, cybercriminal, computer system.
In accordance with the recommendations of UN experts, the term “cybercrime” means any crime that can be committed through a computer system or network, within and against a computer system or network.
Council of Europe’s Convention distinguishes four types of computer crimes related to violation of confidentiality, integrity and availability of computer data and network. The rest of the crimes of which the computer is a tool or means of committing crimes should be treated as traditional crimes, but legal mechanisms of their investigations should be adequate means of committing these crimes.
The main aim of cybercriminal is computer system that manages various processes, and the information that circulates therein. Unlike ordinary criminal, which acts in the real world, cyber-criminal doesn’t use traditional weapons such as a knife or a firearm. His arsenal includes information weapons, all of the tools that are used to penetrate the network, cracking and software modification, unauthorized information or to block the operation of computer systems. To cybercriminal’s weapons we can add computer viruses, backdoors, various types of attacks that make possible a more effective and unauthorized access to a computer system. In the arsenal of modern computer criminals there is not only the traditional media, but also the most modern weapons and equipment information. All issues, which related with solving computer crime, have crossed national borders and have gained international significance for a long time [1].
Today the usual and ordinary user of computer technology and network can easily print out on the printer documents of various kinds, forms, certificates, stamps, certificates, etc. To prove the involvement of a person in committing a crime is
not easy. The national contact points are being established for the system control with crimes of this kind between European and Asian countries. Today exchanging of information and experience is being realized with the countries of the former CIS and foreign countries.
As previously mentioned, computer crime is very are often international, that is, the criminals are in the same state, and their victims are in a different state. So that the particular importance for fighting against such crimes is international cooperation.
Council of Europe’s Convention on cybercrime information was signed on 23 November 2001 in Budapest. It is open for signature by both states — members of the Council of Europe, as well as non-member States which have participated in its elaboration. In particular, it was signed by Russia, the USA and Japan.
Council of Europe’s Convention on Cybercrime classifies the crimes in this area for the next groups.
1) Offences against the confidentiality, integrity and availability of computer data and systems, illegal access (Article 2), illegal interception (Article 3), the impact on computer data (wrongful intentional damage, deletion, deterioration, alteration or suppression of computer data) or system (Article 4, Article 5). Also in this group of crimes included illegal use of special technical devices (computer programs developed or adapted to commit crimes, computer passwords, access codes, their peers, through which can be accessed by the computer system as a whole, or any part thereof) (Article 6).
2) Crimes which related with using computer tools. They include forgery and fraud with the use of computer technology (Articles 6, 7 and 8). Forgery using computer technology includes malicious illegal input, alteration,
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deletion or suppression of computer data, entailing inauthentic data with the intent that it be considered or acted upon for legal purposes as authentic.
3) Manufacturing, offering or giving of using, distribution and purchase of child pornography and possession of child pornography in a computer’s memory (Article 9).
4) Crimes which related with infringements of copyrighting and relating rights [3].
According to the Convention, each State Party must provide the necessary legal conditions for the provision of the following rights responsibilities of the competent authorities to combat cybercrime: seizure of a computer system, part or carriers; manufacturing and confiscation of copies of computer data; to ensure the integrity and security of stored computer data relating to the case; destruction or suppression of computer data in a computer system.
The Convention also requires to create the necessary legal conditions oblige ISPs to collect and fixation or intercept the information you need with the help of available technology, as well as contribute to this law enforcement. It is recommended to oblige providers maintain complete confidentiality about the facts of this cooperation.
At the beginning of 2002 the Protocol № 1 was adopted № 1 to the Convention on Cybercrime, which adds to the list of crimes of dissemination of racist and other expressions, incitement to violence, hatred or discrimination against a person or group of persons shall be based on race, nationality, religion or ethnicity.
In many countries of the world in order to suppress the fact the information crimes in recent years, computer security experts began a collaboration with psychologists, who make up the profile of the so-called hackers, that is criminal in the sphere of computer information and technology, which allows to identify the level of skills and technical training. But it should be noted that while computer experts can tell a lot about hackers and its methods of work, but they will never be able to understand the psychology of his criminal thinking. These issues are dealt clinical psychologists, forensic experts and other specialists together with the police. This practice is widely used in the United States, Europe and other countries where cybercrime is widely developed. But due to the fact that under current conditions a significant portion of the fight against cybercrime, as well as with other international crimes, belongs to the domestic jurisdiction of each state, it is necessary to develop parallel and national legislation aimed at combating computer crime, coordinating it with the international standards Law and relying on existing positive experience.
New information technologies should be not only a tool, a means of committing crimes violators of the law, but should be an effective offensive tool in the fight against various threats, including crime in all its manifestations. In this connection it needs to attract highly qualified specialists state structures that equally qualified and practical level could cooperate and work productively cooperating at the international space against cybercrime.
References:
1. Journal “Law and justice statistics”.
2. Golubyev “Strategy and tactics to combat cybercrime in the CIS countries”
3. “The European Convention on Crime in Cyberspace” from November 23, 2001.
Aryn Ayzhann Arynkyzy, Kazakh National University named after al-Farabi, master of law, the Faculty of Law
Mussabekova Aigul Rustembekovna, master of law, the Faculty of Law
Turysbekov Rustam Kazakh National University named after al-Farabi, Criminal Procedure and Criminalities of Law faculty, 1 year master student of Chair of Criminal Law E-mail: B_ali_77@mail.ru
Some features of the tactics of certain investigative actions during the investigation of acquisitive-violent crimes in hot pursuit
Abstract: In this article discusses the concept and the basic elements of the investigation. Also points out some features of the tactics of separate investigative actions during the investigation of crimes.
Keywords: investigative actions, crime, crime scene investigation, the victim, witnesses, suspects, examination, investigation of crimes.
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