УДК 340.343

ORCID: 0009-0009-6458-6227

DOI 10.37566/2707-6849-2024-2(47)-7 

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Vitaly TSYMBALYUK,

senior researcher, professor of the Department of Theory and History of the State and Law of the Zhytomyr Polytechnic State University, doctor of legal sciences 

CYBER LAW AS AN INSTITUTE OF CRIMINAL LAW

The article offers for consideration separate results of research on cyber law as an institution of criminal law. On the basis of comparative studies and constructive criticism, separate norms of the special legislation of Ukraine on cyber security are considered in relation to Articles 2 and 259 of the Criminal Code of Ukraine, as well as the Convention on Cybercrime (Council of Europe, dated 23.11.2001).

At the doctrinal-scientific level of jurisprudence, it is proposed to consider an important aspect of the further development of cyber law as a direction of scientific research, in connection with institutes with similar names in other branches of legal science, in particular in criminal law. At the same time, methodologically, jurisprudence should consider the definition and conditional delimitation of sectoral institutes of cyber law in the leading branches of law, including criminal law, precisely on the basis of management, how it will differ from a number of other institutes of leading, complex and special branches of law, as well as such certain modern legal phenomena in the legal system, such as: telecommunications law, in particular in its composition – the law of electronic communications; IT law; informatization law; Internet law; legal informatics, legal cybernetics and others.

A new version of Part 2 of Article 259 of the Criminal Code of Ukraine is proposed for consideration by the relevant, drafters of bills responsible bill drafters and legislators.

The title of the Law of Ukraine «On the Basic Principles of Ensuring Cyber Security of Ukraine» is proposed to be worded as follows: «The Law of Ukraine «On Cyber Security». it is also proposed to revise the category «critical information infrastructure» in this Law.

It is determined that in the historical perspective, the formation of cyber law as an institution of criminal law in the national law of Ukraine and separate of states, as well as in international law, is closely related in the system, with the context of the object and subject signs of the manifestation of cybercrimes.

Keywords: law, cyber security legislation, cybercrime, computer crime. 

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