Legal liability in cyberspace: analysis of foreign doctrines

Анотація

Introduction. In current conditions characterized by the rapid digitalization of society and the development of information and communication technologies, new challenges arising before the legal system are analyzed, in particular regarding the mechanisms of legal liability for offenses committed in the Internet space. The relevance of this topic is determined by the growing complexity of traditional models of legal regulation, which often do not correspond to the dynamic and decentralized nature of the digital environment, providing new opportunities for criminal activity. The purpose of the paper is to form a comprehensive scientific understanding of the legal mechanisms of legal liability in cyberspace based on the analysis of foreign doctrines. Results. In the study, the views of such authors as E. Katsch, D. Post, S. Brenner, A. Stein and S. Haven were studied, who express unique considerations regarding legal liability for offenses committed in the Internet space. It was found that the Internet, limited only by conditional borders, allows offenders to avoid jurisdictional norms, making their identification difficult. The constant growth of the number of automated actions on the Internet confirms the need to adapt legal norms to the conditions of the new digital environment. The specifics of offenses in cyberspace, which often occur without physical contact between subjects, are studied. It is noted that such offenses are mostly automated, which significantly increases the level of threat to society and requires new regulatory approaches. The need to integrate national legislation with international standards is also analyzed, in particular in the context of the Budapest Convention, which promotes the establishment of common norms and mechanisms of liability for cybercrimes. Conclusions. The studied positions of foreign authors reveal significant differences with domestic research, which emphasizes the need for a further integrative approach to legal mechanisms of liability. The importance of pluralism of foreign concepts and their adaptation to the domestic context is emphasized.

Класифікація

Ідентифікатори

Схожі роботи