P. Bilenchuk; L. Borysova; V. Koloniuk
In the article, on the basis of analysis of regulatory documents, it is established that today there is no single clear definition of the concept of «computer crime»; it is concluded that the formulated definitions do not take into account such specific acts as an infrigement on a new type of social relations – the protection of lawful activities in the field of information technologies.
Among the computer crimes committed in the world, «international» has become more spread, which as means or victims use telecommunications systems of different countries: through open telecommunication networks access to national, including specially protected resources is possible.
The term «computer crime» was developed to identify completely new types of crime, which is oriented towards computers, telecommunication networks and their users, as well as more traditional crimes for which today computer equipment is being used.
On the basis of the synthesis of the results of scientific research and practical materials, the definition of transnational computer crimes, the main elements of their criminalistics characteristics are identified and analyzed: the subject of direct infringement is the characteristics of computer information and its carriers which become the objects of forensic research when carried traces own traces of a committed crime or something that is happening and such information can be perceived not only by the object and the technical devices; a method of committing a crime in its broad sense, a typical situation – a trace pattern; psychophysiological aspects of the personality characteristics of the offender.
It is singled out criminologically significant information about the time and place of the crime, methods of unauthorized access to computer information in the case of transnational computer crimes.
Considering the forensic character of transnational computer crimes as a probable model of oriented information that serves to specify the objectives of the investigation and its directions, it is concluded that in the field of information technology, the transnational computer crimes are characterized by a divergence of the place of committing unlawful actions with the place of occurrence of socially dangerous consequences.