EVOLUTION OF SECTION XVI OF THE CRIMINAL CODE OF UKRAINE IN THE IMPLEMENTATION OF THE PROVISIONS COUNCIL OF EVROPE CONVENTION ON CYBERCRIME

Abstract

The article is devoted to the study of problems of cybercrime, which is no longer new to the present society. Since its occurrence, this problem was, and will remain extremely relevant. The aim of this article is to study the emergence and formation of dispositions of articles of section XVI «Criminal offenses in the use of electronic computers (computers) systems and computer networks and telecommunication networks» Criminal Code of Ukraine in 2001, especially in terms of exposure to They are the Council of Europe Convention on Cybercrime (Budapest Convention). The methodological basis of this article was, first of all, historical, comparative and logical and semantic methods, as well as methods of analysis and synthesis. Scientific novelty. Until a certain time there was a problem with the criminalization of child pornography, for which criminal liability in the Patriotic CC was not provided, in particular: 1) Acquisition of child pornography through a computer system [4, p. «D» Part 1 of Art. 9 Convention]; 2) Possession of a child’s pornography that is in a computer system or computer data media [4, p. «E» Part 1 of Art. 9 of the Convention]. The author focuses on the fact that this gap was liquidated due to the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine regarding the implementation of the Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Violence (Lancarot Convention)» No. 1256-IX of February 18 2021. As a conclusion, the analysis of the current legislation of Ukraine shows that for the majority of criminal offenses provided by the Convention, criminal liability established in our country. However, some provisions of the Convention and have not been reflected in the domestic criminal legislation. For example, the Criminal Code of Ukraine still does not provide for criminal liability for the acquisition of harmful computer programs and devices created or adapted to commit computer crimes [4, p. «a I» Part 1 of Art. 6 Convention].