Regarding the state of cybercrime prevention in Ukraine: problems of formation of official statistics

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Regarding the state of cybercrime prevention in Ukraine: problems of formation of official statistics

Vladyslav Havlovskyi, Alla Kovalchuk, Bogdana Cherniavska

The article analyzes the types, forms, and content of statistical reporting reflecting the state and structure of cybercrime in Ukraine. It is noted that there is currently no clear definition of the concept of cybercrime in domestic legislation. Among scientists and practitioners, there is also no single approach to delineating the grounds for classifying illegal acts as such crimes. At the same time, such uncertainty has a negative impact on the effectiveness of countering cybercrime in Ukraine. The purpose of the article is a systematic analysis of available state statistical data related to cybercrime, persons who have committed cybercrime, and other data reflected in various sources; an assessment of the structure and content of such data and the possibilities of their use for the prevention and counteraction of cybercrime; coverage of problematic issues related to the formation of official statistical reporting on recorded cybercrimes. On the basis of official state statistical reporting prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, it is possible to analyze a small group of criminal offenses, namely, those provided for by the articles of Chapter XVI of the Criminal Code of Ukraine.

Some of the «traditional crimes» that fall under the concept of cybercrime are reflected in the departmental statistical reporting of the National Police of Ukraine, but it does not cover all cybercrimes and, of course, takes into account only those that are under the jurisdiction of the National Police of Ukraine. It was concluded that there is no official state statistical reporting on cybercrime in Ukraine. Considering the high latency of this type of criminal offense, it can be stated that it is impossible to conduct an analysis that would fully and reliably reflect the state of cybercrime in Ukraine.

Keywords: cybercrime, latent cybercrime, analysis of the state of cybercrime, statistical reports.

Вступ

statistical reporting cybercrime

The practical activity of law enforcement agencies is determined by the current criminal situation, which affects both the adoption of specific management decisions and the coordination of available forces and means. In this regard, it is always relevant for law enforcement agencies to analyze the current state of crime and the dynamics of its changes. This, of course, also applies to countering crime in cyberspace, which is currently developing quite dynamically. There is currently no clear definition of the concept of cybercrime in domestic legislation. Among scientists and practitioners, there is also no unified approach to delineating the grounds for classifying illegal acts as such crimes, there is no list of "traditional" crimes that can be classified as cybercrimes, and therefore there is no official statistical reporting on recorded cybercrimes. This negatively affects the ability to prevent these crimes, causing difficulties in the fight against cybercrime. The analysis of such statistical reporting would provide an opportunity to analyze the state of the criminogenic situation in this area on the basis of recorded crimes and to develop on their basis organisational and legal measures for more effective counteraction of cybercrime at the national level [1,2].

1. Literary review

According to experts' research, there is currently no relevant statistical data reflecting the actual state of cybercrime, nor are there reliable methods for collecting such data. The estimates of damages caused by cybercrime remain quite approximate. M.V. Hutsalyuk (2021) also acknowledges the existence of this problem and addresses it in his work: "Criminal Opportunism of Cybercrime as a Threat to the National Security of Ukraine." Taran O.V., Havlovsky V.D. (2021) indicate that the issue is not only due to the lack of alignment in the national criminal legislation among countries in combating cybercrime and the diverse practices of its application but also to the differences in the formation of criminal statistics and the peculiarities of the law enforcement system. "Organized Cybercrime in Ukraine: Problems of Official Statistics Formation and Analysis" [3]. Additionally, considering that a significant portion of cybercrimes fall outside the purview of official statistics, the issue of latent cybercrime in Ukraine becomes pertinent (Kovalchuk A. Yu., Havlovsky V. D. (2022)).

The analysis of the official state statistical reporting on the fight against crime in Ukraine, which is prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, shows that there are no statistics in Ukraine today that fully and reliably reflect the state of cybercrime [4].

2. The Purpose and Objectives of the Research

The purpose of this article is to conduct a systematic analysis of available government statistical data related to cybercrime, individuals involved in cybercrimes, and other data reflected in various sources. In order to achieve the set goal, the following objectives are pursued:

1. Determine the peculiarities of the established definition of "cybercrime" and outline the list of criminal actions that fall under cybercrimes.

2. Identify the characteristics of this crime and their consideration to formulate recommendations regarding their potential use for prevention and counteraction against the defined crime.

3. Evaluate problematic issues concerning the formation of official statistical reporting on recorded cybercrimes.

4. Materials and Methods

For the effective conduct of scientific inquiry, a range of general scientific and specialized methods of cognition were employed. The dialectical method was applied to determine the characteristics of crimes falling under the category of cybercrimes. The theoretical approach was utilized to study scientific and journalistic sources. The analytical and comparative methods were employed to assess the impact of legal definition on the formation of a comprehensive set of measures to counter cybercrime. Additionally, the application of statistical and systemic methods allowed for identifying actual gaps in the formation of statistical indicators, consequently leading to negative outcomes in shaping the complex of measures to counter cybercrime.

5. Results

As a result, it has been established that the lack of clear formulation and legal definition of the concept of cybercrime negatively affects the completeness of accounting for this type of crime. Consequently, the discrepancy between the statistics and the actual demands for ensuring cybersecurity has a negative impact on overall security provision.

At the same time, insufficient attention is paid to the problems of cybercrime analysis, in particular in the part of official statistics. In addition, taking into account the fact that a significant part of cybercrimes is outside the bounds of statistics, the problem of latent cybercrime in Ukraine is actualized.

In Ukraine, only 12 years after the ratification of the Cybercrime on Convention [5], the term "cybercrime" was defined at the legislative level. In the Law of Ukraine "On the Basic Principles of Ensuring Cybersecurity of Ukraine", these terms are defined as follows: "Cybercrime (computer crime) - a socially dangerous criminal act in cyberspace and/or with its use, responsibility for which is provided by the Law of Ukraine on Criminal Liability and/ or which is recognized as a crime by international treaties of Ukraine. Cybercrime is a collection of cybercrimes [5]. However, today there are no recommendations, or instructions on classifying criminal offences committed in cyberspace as cybercrimes. Among scientists and practitioners, there is no unified opinion on this matter, and therefore there is no unified approach to delineating the grounds for classifying illegal acts as such crimes. And if there is no clear understanding or list of these crimes, then of course it is impossible to obtain objective statistical data on cybercrimes.

It is worth pointing out that most researchers who study the problem of cybercrime propose to divide cybercrimes into types depending on the object and subject of the offence: new crimes made possible thanks to the latest computer technologies (crimes provided for by Chapter XVI of the Criminal Code of Ukraine); traditional crimes committed with the help of computer technology and the Internet, that is, committed in cyberspace.

And suppose the basis of the first group of cybercrimes is the criminal offences provided for by the articles of Chapter XVI of the Criminal Code of Ukraine (Criminal offences in the field of use of electronic computing machines (computers), systems and computer networks and telecommunications networks) and Art. 376-1 of the Criminal Code of Ukraine (illegal interference in the operation of automated systems in bodies and institutions of the justice system). In that case, the crimes that should be classified under the second part are not fully defined. And there is no official state statistical reporting on these crimes.

Individual indicators of such criminal offenses are reflected in the departmental statistical reporting of the National Police of Ukraine, in particular in the Report on the results of the work of the units of the National Police of Ukraine (in the Chapter «Information on criminal offenses committed with the use of high information technologies Crimes in the field of high information technologies can be defined as socially dangerous acts (actions or inaction) committed deliberately or out of carelessness, which encroach on relations in the field of information processing in electronic computing machines (computers), automated systems, computer networks, provision and receipt of telecommunication services, electronic payments, including detection and follow-up of such offenses by employees of cyber police units», where, in addition to the crimes outlined in the articles of Chapter XVI of the Criminal Code of Ukraine, a number of those committed with the use of electronic computing equipment, provided for in Articles 176 "Infringements of Copyright and Related Rights" and 185 "Theft", Part 3 and 4 of Article 190 "Fraud", Article 200 "Illegal actions with transfer documents, payment cards and other means of access to bank accounts, electronic money, equipment for their production", Article 229 "Illegal use of a mark for goods and services, brand name, qualified indication of the origin of goods" and 231 "Illegal collection for the purpose of use or use of information constituting a commercial or banking secret", part. 3, 4, and 5 Art. 301 "Import, manufacture, sale and distribution of pornographic objects" of the Criminal Code of Ukraine. Recently, this list of crimes was supplemented by the following articles: Art. 120 "Incitement to suicide", 149 "Trafficking in human beings", Art. 156 "Depravation of minors", Art. 156-1 "Harassment of a child for sexual purposes", Part 1, 2 of Art. 190 "Fraud", Art. 191 "Appropriation, embezzlement of property or possession of it by abuse of official position", Art. 203 -2 "Illegal activity of organizing or holding gambling games, lotteries", Art. 301-1 "Obtaining access to child pornography, its acquisition, storage, importation, transportation or other movement, production, sale and distribution", Art. 301-2 "Conducting a spectacular event of a sexual nature with the participation of a minor", Art. 307 "Illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues", Art. 321 "Illegal production, manufacturing, acquisition, transportation, forwarding, storage for the purpose of sale or sale of poisonous or potent substances or poisonous or potent drugs", Art. 321-1 "Falsification of medicinal products or circulation of falsified medicinal products", Art. 357 "Stealing, misappropriating, extorting documents, stamps, seals, taking possession of them through fraud or abuse of official position, or their damage", Art. 358 "Forgery of documents, seals, stamps and forms, sale or use of forged documents, seals, stamps."

But not all "traditional" crimes committed in cyberspace are reflected in the report as a cybercrime, in particular, the objective side, subject, subjective side, qualified and especially qualified composition of the crime provided for in Art. 301 of the Criminal Code of Ukraine, in general, coincides with the corresponding signs of encroachment, the subject of which are works promoting the cult of violence and cruelty (Article 300 of the Criminal Code of Ukraine). At the same time, the criminal offenses provided for in Art. 301 of the Criminal Code of Ukraine, committed with the use of high information technologies, are taken into account in the report, and provided by Art. 300 of the Criminal Code of Ukraine are not taken into account.

At the same time, some scientists, in particular Doctor of Laws, Professor A.V. Savchenko, believe that, in addition to the criminal offenses specified in the above-mentioned report, the category of cybercrimes may also include other crimes provided for by the Criminal Code of Ukraine (some of them are assigned to the jurisdiction of other pretrial investigation bodies), provided that the tools of their perpetration will be information network technologies and (or) their consequences will be reflected in cyberspace [6].

Such crimes include: actions aimed at violently changing or overthrowing the constitutional order or seizing state power (Article 109 of the Criminal Code of Ukraine); encroachment on the territorial integrity and inviolability of Ukraine (Article 110); high treason (Article 111); sabotage (Article 113); espionage (Article 114); disclosure of information on conducting a medical examination to detect infection with the human immunodeficiency virus or other incurable infectious diseases (Article 132); illegal disclosure of medical secrets (Article 145); providing false information to the body maintaining the State Register of Voters or falsifying election documents, referendum documents, voting results, or information from the State Register of Voters (in terms of entering false information into the database of the State Register of Voters, unauthorized interference in the operation of the database) (Part 1 of Article 158); violation of the secrecy of voting (Article 159); violation of the equality of citizens depending on their race, nationality, religious beliefs, disability, and on other grounds (in terms of propaganda via the Internet) (Article 161); violation of the secrecy of correspondence, telephone conversations, telegraphic or other correspondence transmitted by means of communication or through a computer (Article 163); disclosure of the secret of adoption (Article 168); violation of privacy (Article 182); disclosure of commercial or banking secrets (Article 232); a knowingly false report about a threat to the safety of citizens, destruction or damage to property (Article 259); illegal handling of weapons, munitions or explosives (in terms of sales via the Internet) (Article 263); calls to commit actions that threaten public order (Article 295); importing, producing, or distributing works that promote the cult of violence and cruelty, racial, national, or religious intolerance and discrimination (Article 300); pimping or involving a person in prostitution (Article 303); illegal production, manufacture, acquisition, storage, transportation, forwarding, or sale of narcotic drugs, psychotropic substances, or their analogues (Article 307); abduction, embezzlement, extortion of precursors or possession of them through fraud or abuse of official position (in terms of sales via the Internet) (Article 312); theft, appropriation, extortion of equipment intended for the production of narcotic drugs, psychotropic substances, or their analogues, or taking possession of it through fraud or abuse of official position, and other illegal actions with such equipment (in terms of sales via the Internet) (Art. 313); disclosure of state secrets (Article 328); the transfer or collection of information constituting official information collected in the process of operative investigation, counter-intelligence activities, in the field of national defense (Article 330); threat or violence against a law enforcement officer (Article 345); threat or violence against a journalist (Article 345-1); threat or violence against a state or public figure (Part 1 of Article 346); threats or violence against an official or a citizen performing a public duty (Part 1 of Article 350); illegal interference in the work of the court's automated document management system (Article 376-1); disclosure of information about security measures regarding a person taken under protection (Article 381); disclosure of data of operational investigative activities, pre-trial investigation (Article 387); threat or violence against the defender or representative of the person (Part 1 of Article 398); disclosure of information of a military nature that constitutes a state secret, or loss of documents or materials containing such information (Article 422); propaganda of war (Article 436); production, distribution of communist and Nazi symbols and propaganda of communist and national socialist (Nazi) totalitarian regimes (Article 436-1).

Therefore, to date, a significant part of crimes committed in cyberspace is not considered cybercrime, that is, such indicators are absent both in official state statistical reports and in departmental ones, in particular.

Analysis of statistical data shows that the number of criminal offenses provided for by articles of Chapter XVI of the Criminal Code of Ukraine increased 5.7 times during 2013-2022 (595 in 2013 versus 3415 in 2022) (Table 1).

Table 1The recorded criminal offenses provided for by the articles of Chapter XVI of the Criminal Code of Ukraine, committed by a group of persons (during 2013-2022)