CYBERCRIME: CONCEPT AND SOCIO-LEGAL NATURE

Abstract

The article is devoted to the analysis of the content of the concept and the
legal nature of cybercrime in the context of national legislation and international
law. to stop the adoption of the Law of Ukraine “On Basic Measures to Ensure
Cybersecurity of Ukraine” in 2017, which first defined the concept of “cybercrime”, the legislative formulation of liability for actions in cyberspace is
still the subject of scientific discussions. The provisions of the Budapest
Convention and national criminal legislation are studied, the questions of which
offenses can be classified as cybercrimes are analyzed. Attention is paid to both
the special norms of the Criminal Code of Ukraine (Chapter XVI) and the general
provisions in which the use of computer systems is optional. The article argues
that cybercrime is a special form of implementation of both traditional crimes in
the digital environment and an independent criminal and social phenomenon.