EMERGING
Emerging Markets:
Emerging Markets:
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<strong>EMERGING</strong> MARKETS:<br />
A Review of Business and Legal Issues<br />
• consequences of the computer crimes are viewed as failures of computer systems,<br />
telecommunication systems or software;<br />
• consequences of some computer crimes (for instance computer security leak) are<br />
viewed as a damage from other types of illegal behavior.<br />
Another reason for legal and practical complexities in computer crimes’ prosecution<br />
is that they are a relatively new phenomenon for Ukrainian legal system. Criminal liability for<br />
this type of crimes was for the fist time provided in 1994 in Criminal Code of 1960 edition. In<br />
Criminal Code of 2001 edition a separate chapter was devoted to computer crimes, which at<br />
first contained only 3 articles. The objects of these crimes were defined as electronic<br />
information and its protection. In 2003 this chapter and all its articles were amended twice.<br />
Multiple changes in criminal legislature during short period of time surely brought certain<br />
instability into criminal legal relationship and law enforcement practice. Major amendments<br />
to Chapter XVI in 2003 included:<br />
• providing separate criminal liability for virus distribution that became a wide-spread<br />
crime in Ukraine in recent years;<br />
• establishing criminal liability for illegal copying information that is under operation<br />
in computer, computer system or computer network or information that is stored<br />
there;<br />
• criminal fines for computer crimes were increased, and a penalty of prohibition to<br />
occupy certain position were provided for wider range of computer crimes.<br />
At present time Chapter XVI of Criminal Code of Ukraine contains 6 articles which<br />
provide criminal liability for illegal intrusion in the work of computer, computer system or<br />
computer network, distribution of harmful software programs (viruses), theft of the computer<br />
information, violation of the maintenance rules of computer networks and other types of<br />
computer crimes. Current edition of Chapter XVI of Criminal Code of Ukraine still stays an<br />
object to a number of criticisms. For instance, some computer crimes such as computer fraud<br />
Page 95 Volume 1, April 2009
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