Legal liability for cybercrime in Ukraine

In the modern world, digital technologies have become an integral part of life, but as they develop, the number of cybercrimes is also growing.

What is a cybercrime?

Cybercrime is any illegal act committed in cyberspace using computer systems, networks or other digital technologies. It can include hacker attacks, personal data theft, online fraud, illegal access to confidential information, spreading malware, and many other actions.

The main goals of cybercriminals:

• ​Obtaining financial benefits. Using hacked bank cards, extortion through ransomware, phishing and other fraudulent methods.
• Identity theft. Using someone else’s information to gain access to bank accounts or social networks.
• Destruction of information systems. Cyberattacks on government agencies and commercial companies to destabilize their operations.
• Espionage. The use of technology to collect sensitive information about companies or government agencies.

In Ukraine, the problem of cybercrime is becoming increasingly relevant, as criminals use modern technologies to hack accounts, steal money from bank cards, spread malware and attack government agencies. According to the law, such actions are subject to criminal liability, but not all citizens understand what crimes fall under this definition and what punishment violators face.

What are the most common cybercrimes in Ukraine?

The most common types of cybercrime include the following:

• Phishing is a fraudulent activity aimed at obtaining personal information, passwords and bank card data.
• Carding is the illegal use of other people’s payment cards.
• Hacker attacks — website hacking, data leakage, DDOS attacks on services.
• Malicious software (viruses, trojans, ransomware) that blocks access to files and demands a ransom.
• Online fraud – the sale of non-existent goods, fake online stores, lotteries, and pyramid schemes.

Ukrainian legislation provides for punishment for cybercrime, which is regulated by the Criminal Code of Ukraine.

The main articles of the Criminal Code of Ukraine regulating liability:

• ​​Art. 361 – unauthorized interference with electronic systems. It is punishable by a fine, restriction or imprisonment.
• Art. 361-1 – creation and distribution of malicious programs.
• Art. 362 – illegal sale of confidential information.
• Art. 363 – violation of the rules of operation of computer systems and illegal use of information.

Depending on the severity of the crime, the penalty may be a fine, restriction of liberty, or imprisonment for up to 10 years.

Unauthorized interference with electronic systems is punishable by a fine, restriction of liberty or imprisonment for up to six years. The creation and distribution of malicious software is punishable by up to five years in prison. Illegal sale of confidential information is punishable by up to five years’ imprisonment, and violation of the rules for operating computer systems is punishable by a fine or restriction of liberty.

However, the investigation of cybercrime is complicated by technological features. Cybercriminals use anonymous means of communication, VPNs, and encrypted channels, which makes it difficult to identify them. Many attacks are carried out from abroad, and it is difficult for law enforcement to obtain the necessary digital evidence. Additional difficulties are created by the fact that some companies and platforms refuse to cooperate with the investigation. As a result, many cybercrimes remain unsolved, and criminals escape responsibility.

To protect yourself from cybercriminals, every Internet user should follow basic cybersecurity rules. First of all, it is important to use strong passwords and change them regularly. Do not follow suspicious links or enter personal data on unknown websites. It is important to install anti-virus programs and use two-factor authentication. Do not disclose bank card details to unauthorized persons, even if they are presented as bank employees. You should be especially careful when making online purchases – you need to check the seller’s details and reviews.

If a person has become a victim of a cybercrime, they should immediately contact the bank if it involves financial transactions, and report the crime to the cyber police. It is important to keep all evidence – screenshots of messages, correspondence, transaction data – to help the investigation. In case of a threat of confidential information leakage, you should immediately change passwords and check the security settings of all accounts.

Cybercrime is a real threat that affects thousands of Ukrainians every day. The law provides for serious liability for such offenses, but the best defense is personal vigilance and compliance with Internet security rules. If you have become a victim of a cybercrime, you should immediately contact the cyber police to minimize possible risks and bring the perpetrators to justice.