MODERN TYPES OF CRIMINAL OFFENSES IN THE FINANCIAL SECTOR COMMITTED USING DIGITAL TECHNOLOGIES

Анотація

The purpose of the article is to analyse the types of criminal offenses in the financial sector committed using digital technologies, as well as to identify gaps in current legislation and law enforcement practice in order to develop proposals for improving legal regulation and preventing such criminal offenses.Results.The article examines the conceptual and categorical framework of criminal offenses in the financial sector committed using digital technologies, particularly those perpetrated under martial law in Ukraine.The author analyses modern forms and methods of unlawful activities in the financial sector related to the use of digital technologies, including fraud involving humanitarian aid, cryptocurrency theft, phishing, attacks on banking mobile applications and infrastructure, as well as abuses involving the use of personal data of internally displaced persons and military personnel.It is noted that since the beginning of the full-scale war, the frequency and technological complexity of cybercrimes aimed at misappropriating funds and banking information have increased.It is substantiated that under modern conditions there is a hybridisation of traditional criminal offenses with cyberspace mechanisms, which complicates their detection, proof, and criminal law qualification.The peculiarities of applying the provisions of the Criminal Code of Ukraine (Articles 190, 361, 362, 209) to such acts are analysed.The conclusion is made regarding the need to update domestic legislation in the field of digital security, to harmonise it with international legal acts, in particular the Council of Europe Convention on Cybercrime, and to introduce specialised methods for investigating digital crimes in the financial sector into practice.Conclusions.Particular attention is paid to the problem of uncertainty in law enforcement practice regarding the qualification of certain forms of cyber fraud, as well as to the challenges faced by pre-trial investigation bodies due to the multi-jurisdictional nature of such acts, the complexity of identifying perpetrators, and the use of anonymous payment instruments.The improvement of the system of criminal law protection of financial relations under conditions of digitalisation and wartime threats is proposed.

Класифікація

Ідентифікатори

Схожі роботи