CRIMINAL LIABILITY FOR CYBERCRIMES: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF UKRAINE AND THE EUROPEAN UNION

Abstract

This scientific study provides a comparative legal analysis of criminal liability for cybercrimes in Ukraine and the European Union. In particular, it examines theoretical approaches to understanding cybercrimes as an object of criminal law regulation, as well as the specific features of the legal framework establishing liability for such acts in the national legislation of Ukraine and in the legal acts of the European Union. It is determined that contemporary cybercrime is characterized by a high level of latency, transnational nature, technological complexity, and the capacity to cause significant harm to the information security of the state, human rights, and both public and private interests.

The study also analyzes the common and distinctive features of the legal regulation of cybercrimes, approaches to defining their characteristics, and the specifics of establishing the limits of criminal liability for offenses in the field of information and communication systems. It is substantiated that the legislation of Ukraine generally complies with fundamental international and European approaches to combating cybercrime; however, it requires further improvement in terms of harmonizing terminology, clarifying certain elements of criminal offenses, and further developing mechanisms of international cooperation.

It is concluded that the adaptation of national criminal legislation to modern European standards is an important prerequisite for enhancing the effectiveness of countering cybercrime in the context of digitalization and contemporary challenges to Ukraine’s national security.