Publication date: 12.07.2024
Legal methods of combating online fraud
Internet fraud has become one of the most common crimes in the digital age. As technology advances and the number of online transactions grows, fraudsters are finding new ways to deceive users. This article focuses on legal methods of combating online fraud in Ukraine, including an analysis of the legislation, legal consequences for perpetrators, and recommendations for protection against this type of crime.
Main types of online fraud
Internet fraud can take many forms, including:
Phishing - obtaining confidential information by deception.
- Electronic payment fraud is the illegal use of payment cards or accounts.
- Website fraud - creating fake websites to collect user data.
- Online scams - deception of users through fake ads, lotteries, investment schemes, etc.
Legal consequences of online fraud
In Ukraine, online fraud is punishable under the Criminal Code. The main articles regulating liability for this type of crime include:
- Article 190 "Fraud"
- Article 361 "Unauthorized interference with computers, systems and computer networks"
- Article 362 "Unauthorized actions with information"
Article 190 of the Criminal Code of Ukraine "Fraud"
According to Article 190 of the Criminal Code of Ukraine, fraud is the misappropriation of another's property or the acquisition of rights to property by deception or breach of trust. Online fraud falls under this article because criminals use deception or breach of trust to gain access to the victim's funds.
The sanctions for fraud depend on the circumstances of the case and may include a fine, correctional labor, restriction of liberty, or imprisonment for a specified period.
Article 361 of the Criminal Code of Ukraine "Unauthorized interference with computers, systems and computer networks"
Article 361 of the Criminal Code of Ukraine provides for liability for unauthorized interference with the operation of electronic computers, automated systems, computer networks or telecommunication networks, which led to leakage, forgery, blocking of information or other harmful consequences. This covers many types of online fraud, including hacking and cracking.
Sanctions for these actions may include a fine, restriction of liberty, or imprisonment for a certain period of time, depending on the severity of the crime.
Article 362 of the Criminal Code of Ukraine "Unauthorized actions with information"
Article 362 of the Criminal Code of Ukraine provides for liability for unauthorized actions with information processed in electronic computers, automated systems, computer networks or telecommunication networks that resulted in leakage, forgery, destruction or blocking of information. This includes various forms of online fraud involving illegal access to data.
Sanctions for these actions may include a fine, restriction of liberty, or imprisonment for a certain period of time, depending on the circumstances of the case.
Procedural aspects of investigating online fraud
Investigation of Internet fraud includes several stages, including:
Acceptance of a statement from the victim.
- Conducting investigative actions, including interrogations, inspection of the scene, seizure of material evidence.
- Identification of persons involved in the crime.
- Conducting examinations (e.g., computer forensics).
- Bringing perpetrators to justice.
It is important that the investigation is conducted in accordance with legal requirements, ensuring the rights of the victim and the accused.
Rights of the victim in an Internet fraud case
A victim in an Internet fraud case has a number of rights, including
The right to report the crime.
- The right to receive information on the progress of the investigation.
- The right to participate in investigative actions.
- The right to receive compensation for damages.
- The right to appeal against actions or inaction of law enforcement agencies.
It is important that the victim actively cooperates with law enforcement agencies and provides all necessary information for the investigation.
Rights of the accused in an Internet fraud case
The accused in an online fraud case also has a number of rights, including
The right to defense.
- The right to familiarize oneself with the case file.
- The right to file motions.
- The right to participate in investigative actions.
- The right to appeal against actions or inaction of law enforcement agencies.
It is important that the accused has access to a qualified lawyer who will ensure proper protection of his or her rights and interests.
International cooperation in the fight against online fraud
Internet fraud is often of an international nature, so effective combating requires cooperation between different countries. Ukraine is a party to a number of international agreements and conventions that regulate cooperation in the fight against cybercrime, including
Council of Europe Convention on Cybercrime (Budapest Convention).
- Agreement on cooperation between law enforcement agencies within the framework of Interpol and Europol.
They also exchange information and coordinate actions between law enforcement agencies of different countries.
The role of cyber police in the fight against online fraud
Cyberpolice is a specialized unit of the National Police of Ukraine that investigates cybercrime, including online fraud. The main tasks of the cyber police include:
Detection and investigation of cybercrime.
- Protection of information systems from unauthorized interference.
- Conducting examinations and data analysis.
- Cooperation with international organizations and law enforcement agencies of other countries.
Cyberpolice actively uses modern technologies and methods to combat online fraud.
Legislative initiatives to strengthen the fight against online fraud
Ukrainian legislation is constantly being improved to combat online fraud more effectively. Recent legislative initiatives include:
Increased liability for cybercrime.
- Introduction of new articles to the Criminal Code related to cybersecurity.
- Expanding the powers of the cyber police.
- Improving procedures for investigating cybercrime.
These changes are aimed at improving the effectiveness of the fight against online fraud and protecting the rights of citizens.
Recommendations for protection against online fraud
To protect yourself from online fraud, we recommend that you take the following precautions:
Do not share confidential information with third parties.
- Use complex passwords to access accounts.
- Update your software regularly.
- Use anti-virus software.
- Avoid suspicious websites and emails.
- Check the authenticity of websites before entering payment data.
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Internet fraud is a serious challenge for modern society. It is important to know your rights and obligations, and to contact law enforcement authorities in a timely manner in case of suspected fraud. It is recommended that you take precautions to protect yourself from this type of crime and seek legal advice from qualified lawyers if necessary.
