DOI: 10.25136/2644-5514.2023.2.40618

Abstract: The author discusses possible directions for the formation of a global international legal system for countering cybercrime and its further development. The results of the activities of international organizations in the development of international legal mechanisms for countering cybercrime are briefly analyzed. An attempt is being made to search for other international legal problems, the experience of solving which can act as a conceptual basis for the formation of a global international legal system for ensuring cybersecurity. The main characteristics of modern digital information and communication systems, especially Internet technologies, are investigated. An attempt is made to create a theoretical model of international legal regulation of countering modern digital threats based on the global nature of modern cyber threats.   The special role of international organizations in the development of international law is stated. The opinion is given about the current global digital information system covering the entire international community. A parallel is drawn between the conceptual foundations of the problem of money laundering and terrorist financing (ML/FT) and cybercrime. The conceptual similarity of these two problems with the justification of such a conclusion is stated. In this regard, it is proposed to use the organizational structure of the international legal framework for countering ML/FT as a conceptual basis for a similar counteraction to cybercrime. In particular, the article proposes to create a specialized international organization within the framework of the UN, whose activities will be devoted to ensuring global cybersecurity. It is proposed to use organizational bases similar to those used within the framework of the Intergovernmental Commission on Financial Monitoring as the basis of activity. In particular, the organization's activities are proposed to be carried out on the basis of a list of recommendations on improving national organizational and legal measures to counter threats in the field of digital technologies, as well as mechanisms for mutual assessment of member states.

DOI: 10.25136/2644-5514.2022.3.38585

Abstract: The subject of the study is the role of international organizations in the formation of an international legal system for countering cross-border cybercrime. The purpose of the study is to identify current trends in the work of international organizations in the field of the formation of regional and global legal systems for countering cybercrime. The system approach and formal legal approach are used as the main research methods. As a result of the study, specific features of regional international organizations and legal problems of countering cybercrime were identified, the question of the applicability of existing international law to cyberspace was analyzed. In particular, it is noted that at the moment modern international law is not capable of adequately and effectively countering cybercrime. The absence of a universal international legal act regulating the process of combating cybercrime is emphasized. On the other hand, the positive role of individual international organizations in the formation of the international legal system of counteraction is noted. In particular, the study describes the practice of forming expert groups by such organizations, as well as assistance to other regional international organizations in the process of creating their own international legal systems. One of the main conclusions is the conclusion that the absence of a universal UN legal document creates certain difficulties in the course of interstate coordination of procedural actions of law enforcement agencies and interaction of relevant international organizations. The author also concludes that the law-making experience of individual international organizations can be taken as a basis for the creation of a universal international legal act regulating the fight against cybercrime.