Concerning current threats cybernetic security of Ukraine in the terms war time and some aspects of it criminal-legal security

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Concerning current threats cybernetic security of Ukraine in the terms war time and some aspects of it criminal-legal security

Churilova Anna,

3rd year cadet,

Dnipropetrovsk State University of Internal Affairs

Scientific supervisor:

PRYLOVSKYI Volodymyr,

Associate Professor of the Department of Forensic Science and Pre-Medical Training, Doctor of Jurisprudence.

In the conditions of the growing role of information in all spheres of social life and large-scale use of cyberspace, which has no borders, constantly transforms and creates many advantages for attackers who quickly adapt their criminal activities to the latest technological possibilities, there is no doubt that it is the guarantee of the security of any modern society, the state and each individual is to ensure a high level cyber security of state bodies, industry, transport and other systems. cybernetic security criminal

In addition, as reported at one of the last NATO summits, aggression in cyberspace today can be equated with hostilities taking place on on land, in the air, at sea and in space. This problem was especially acute in the conditions preparation and immediate full-scale military invasion of the territory of Ukraine of the Russian Federation, which is very actively used cyber tools as an element of their aggression. Recently observed the growth of cyber threats, which are becoming more and more destructive, is recorded an increase in the number of cyber attacks on state websites, energy resources, banking system, objects of critical information infrastructure, media resources.

Among the largest cyberattacks on critical information infrastructure of Ukraine, along with the NotPetya virus (2017) and attacks on energy system of Ukraine (2015 and 2016), a cyber attack that occurred on the night of January 1314, 2022, when 22 organ sites were affected state power. And although the leak of personal data from this attack, for according to the information of law enforcement agencies, did not happen [5], however, it should be borne in mind that that behind state resources there are always personal data, which in the future can be stolen and used for illegal purposes, and therefore each a cyber attack on government resources is ultimately directed against society and every citizen.

Simultaneously with the beginning of hostilities on the territory of Ukraine, there is also the reverse process, when attacks are directed specifically at the personal devices of individuals citizens (including phones) with the ultimate goal of destroying systems and harming the interests of the state [6]. In particular, by mailing phishing emails allegedly on behalf of state authorities with instructions regarding, for example, increasing the level of information security or actions for the period wartime, attempts are being made to spread virus programs, the main the purpose of which is to collect confidential information primarily from personal devices of civil servants. In general, according to the State Intelligence Service, for one and a half months of the war, the number of cyberattacks on Ukrainian critical information infrastructure accounted for 362 cases, which is three times more than in the same period 2021. At the same time, the government and local authorities are the main targets of cyber attacks authorities, the security and defense sector, commercial organizations, financial institutions, telecom and software developers, and the most common methods of cyberattacks - collection of information, distribution of malicious software code, use of a known vulnerability, violation of information properties [1].

All this once again confirms the importance of recognition at the state level cyber defense is one of the priorities of the national security of Ukraine and accordingly one of the key blocks of the UA30 cyber reform, along with the international one cooperation, training and legislative and regulatory changes. Unfortunately, imperfection of domestic legislation in the field of cyber security, including current criminal legislation, significantly complicates timely response to cybernetic challenges, creates significant obstacles in attraction to responsibility of persons encroaching on this sphere, which is ultimately negative affects the prevention of these extremely dangerous manifestations.

All this once again confirms the importance of recognition at the state level cyber defense is one of the priorities of the national security of Ukraine and accordingly one of the key blocks of the UA30 cyber reform, along with the international one cooperation, training and legislative and regulatory changes. Unfortunately, imperfection of domestic legislation in the field of cyber security, including current criminal legislation, significantly complicates timely response to cybernetic challenges, creates significant obstacles in attraction to responsibility of persons encroaching on this sphere, which is ultimately negative affects the prevention of these extremely dangerous manifestations.

In view of this, the statement that information that poses a threat to national security is not limited to state secrets. As noted in scientific sources, the subject, espionage in particular, often becomes the subject of other information, too including those belonging to the category "For official use" [3, c. 86-87], or even those that do not belong to the latter, but can be used in illegal purposes.

In addition, creation for criminal purposes is becoming a common phenomenon intelligence databases used to prepare attacks, in particular by developing special computer programs capable of interception necessary information. In the conditions of military aggression of the Russian Federation against Ukraine, cyberspace is actively used to obtain location information Armed Forces of Ukraine and TRO units, military and civilian infrastructure facilities of critical infrastructure, crowding of people in places of receiving humanitarian aid assistance, hiding from shelling, evacuation routes for people, location of medical facilities, relocation of law enforcement units bodies, etc.

As for critical infrastructure objects, their protection, including by with the help of criminal legal means, in conditions of military aggression acquires of primary importance. November 16, 2021 by the Verkhovna Rada of Ukraine Finally, the Law of Ukraine "On Critical Infrastructure" was adopted in paragraph 15 Part 1 of Art. 1 of which cyber protection of objects of critical information infrastructure recognized as a separate direction, carried out alongside the complex of regimes, engineering, engineering and technical and other facilities protection measures critical infrastructure [2].

However, it must be recognized that the adoption of this Law is only the first step on the way of legal protection of critical information infrastructure of Ukraine, because it does not even specify the list and types offenses, nor responsibility for them, but the function of preparing amendments to the Criminal Code of Ukraine is delegated to the authorized body in the field of critical protection of the infrastructure of Ukraine within a year from the day it started its activities (clause 11 Final and transitional provisions). The only thing that is clear now is that this one a legislative act (as stated in the preamble to it) is a component of legislation in the field of national security, which gives reasons for some specialists to believe that relevant criminal law norms should appear precisely in section I A special part of the Criminal Code of Ukraine [4, c. 65].

However, today it is only possible to state the futility of the current one legislation on criminal liability in terms of security protection of cyber security of Ukraine and the presence of an urgent need for separation of a separate section in the Special Part of the Criminal Code of Ukraine, which will be broader in scope than its chapter XVI "Criminal offenses in the sphere use of electronic computing machines (computers), systems and computer networks and telecommunication networks", because information security and cyber security (as its technological component) deserve their recognition an independent object of criminal law protection.

Solving this extremely difficult task requires first of all the development of a single concept for the provision of such protection, which has take into account the priority of protecting relevant social values, which due to the multi-objectiveness of cyber-attacks, as well as equivalence from a point of view the importance of integral components of the generic concept of "national security".

References:

1. Za pivtora misyatsya viyny kil'kist' khakers'kykh atak zrosla vtrychi. URL : https://cip.gov.ua/ua/news/za-pivtora-misyacya-viini-kilkist-khakerskikh-atakzroslavtrichi.

2. Pro krytychnu infrastrukturu: Zakon Ukrayiny vid 16.11.2021 r. № 1882-IKH. URL: https://zakon.rada.gov.ua/laws/show/1882-20#Text.

3. Serhiyevs'kyy S. K. Kryminal'na vidpovidal'nist' za derzhavnu zradu: dys. ... kand. yuryd. nauk: 12.00.08 / NDIVPZ im. akad. V.V. Stashysa NAPrN Ukrayiny. Kharkiv, 2021. 205 s.

4. Taran O. V., Sandul O. H. Problemy kryminal'noyi vidpovidal'nosti za posyahannya na ob"yekty krytychnoyi infrastruktury v yaderniy enerhetytsi. Yaderna ta radiatsiyna bezpeka. 2019. 3(83). S. 58-67. URL : https://nuclearjournal.com/index.php/journal/article/view/177/172.

5. Shchodo kiberatak na sayty derzhavnykh orhaniv. URL : https://cip.gov.ua/ua/news/shodo-kiberatak-na-saitiderzhavnikh-organiv.

6. Yak vberehtysya vid zlovmysnykiv u kiberprostori: porady dlya ukrayintsiv vid holovy Derzhspetszv'yazku Yuriya Shchyholya. URL : https://cip.gov.ua/ua/news/yakvberegtisya-vid- zlovmisnikiv-u-kiberprostori-poradidlya-ukrayinciv-vid-goloviderzhspeczv-yazku-yuriya- shigolya

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