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Turabboev Xusanbek Abdusalamovich
O
‘zbekiston Respublikasi Ichki ishlar vazirligi akademiyasi Huquqbuzarliklar profilaktikasi
va kriminologiya kafedrasi dotsenti yuridik fanlar nomzodi, dotsent
E-manzil: turabbaevkhusanbek@gmail.com
KIBERJINOYATLARNI TERGOV QILISHDA MAXSUS
BILIMLARDAN FOYDALANISH
Turabbaev Khusanbek Abdusalamovich
Associate Professor of the Department of Prevention of Offenses and criminology of the
Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan Candidate of
Legal Sciences, Associate Professor
E-mail: turabbaevkhusanbek@gmail.com
USE OF SPECIAL KNOWLEDGE IN INVESTIGATING
CYBERCRIMES
Тураббаев Хусанбек Абдусаламович
Доцент кафедры Предупреждение правонарушений и криминология Академии МВД
Дела Республики Узбекистан Кандидат юридических наук, доцент
Эл. почта: turabbaevkhusanbek@gmail.com
ИСПОЛЬЗОВАНИЕ СПЕЦИАЛЬНЫХ ЗНАНИЙ ПРИ
РАССЛЕДОВАНИИ КИБЕРПРЕСТУПЛЕНИЙ
Cybercrime in the modern world has been declared a global international
problem, as evidenced by international agreements that provide for joint steps to
combat this high-tech evil. [1] The danger of cybercrime both for the world
community as a whole and for Uzbekistan is also recognized by state law
enforcement agencies. The means of information and telecommunication
technologies have become frequently used in the commission of crimes, which have
received the designation as cybercrimes. The successful investigation of this type of
crime is hindered by a number of important factors, among which, one of the most
important is the lack of an effective mechanism for attracting specialists in the field
of information technology for the successful disclosure of cybercrimes. These
specialist-empowered experts could be of significant help in solving cybercrimes.
In the rapidly changing conditions of the modern high-tech world, computer
technology, machine information carriers used on the Internet and in other social
networks have become widely used. This made it possible to create a fundamentally
new virtual projection of the real world, into which they began to be involved in almost
all aspects of our life. And this, in turn, created unprecedented conditions for the
exchange of information, the improvement of information and communication
technologies (ICT) in the innovative virtual space. Along with the positive aspects of
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using the created ICT, there are also negative consequences of this reality, namely,
the emergence of opportunities for illegal penetration into the created information
and telecommunication network for the purpose of criminal enrichment
(“cybercrimes”). These crimes are understood as offenses committed through the
use of high-tech computer technology.
In essence, cybercrime is a socially dangerous act in the virtual space, which
can be described as cybercrime modeled with the help of computer technology and
other information, telecommunication means. Cybercrime includes any crime that can
be committed using information and communication technologies within a computer
system or network. In essence, this crime committed in cyberspace is illegal
interference in the operation of computers, computer programs, computer networks,
unauthorized modification of computer data, as well as other illegal socially dangerous
actions committed with the help or through ICT, computer networks and programs.
The solution of one or another expert problem in the conduct of forensic
examinations in full is associated with the investigation of cybercrimes, from the
process of collecting evidence and ending with their research. Forensic expertise is
the main form of cybercrime expertise. Depending on the circumstances of the case,
the following types of computer-technical expertise can be assigned: hardware-
computer; software and computer; information and computer; computer network
expertise. So, for example, the quality and value of examinations in the field of
information and communication technologies fully depend on the quality and
professionalism of the work of a specialist in this area at the scene of an incident,
aimed at finding and removing evidentiary information. As a rule, the evidence base
for a specific crime depends on the quality of the detected and recorded traces seized
from the scene.
A small percentage of identification examinations in conducting examinations
in the field of information and communication technologies and a significant number
of examinations of a classification and diagnostic nature in most cases are explained
by the absence of the suspect at the beginning of the investigation. The problem is
urgent, has scientific and practical interest, since today modern computer
technologies affect almost all areas of human life.
In recent years, information, becoming one of the determining factors in the
development of modern society, is being actively introduced into all social spheres
and is gaining more and more importance.
It is natural that with the expansion of the sphere of using information
technologies, the number of examinations in the field of information and
communication technologies also increases. However, at the same time, the
domestic practice of investigating such crimes is still small. At the stage of initiation
of a criminal case, the examination appointed in the field of information and
communication technologies can serve as the basis for making decisions on
initiating a criminal case and the basis for the emergence of criminal procedural
relations in general. Information and communication technologies and their carriers
can be considered as information and sources, respectively, in the structure of
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criminal procedural evidence, but only in such forms as material evidence and other
documents.
Investigation of crimes in the field of computer technology differs significantly
from the investigation of other "traditional" crimes.
Since there is a significant intensity of hacker attacks on critical infrastructure of
the Republic and according to the data of criminal cases, mistakes are most often
made, often explained by the lack of an appropriate level of theoretical and practical
training of specialists whom the investigator attracts as experts. In addition, the
investigators themselves, having only humanitarian education (lawyers), are poorly
versed in the field of information technology and find it difficult to investigate
cybercrimes.
The study of criminal cases in this category gives reason to believe that one of
the significant reasons for the low quality of the investigation is the lack of involvement
of relevant ICT specialists, the lack of systematic and approved methods for
investigating computer crimes, as well as mistakes made during investigative actions
in relation to information technologies. Having special knowledge in the field of
computer technology, specialists (experts) are able to contribute to the activities of the
investigator to establish the truth in the investigation of cybercrimes. Moreover, special
knowledge can be used not only in the investigation of crimes in the field of computer
technology, tk. when committing "traditional" crimes, ICT can be used to design and
manufacture falsified documents, banknotes, to create and store a database
containing information about the crime and for other purposes.
Under these
circumstances, an investigator cannot effectively work alone, relying only on his own
knowledge and skills of a personal computer user. Even the knowledge of the involved
expert or specialist may not be enough, because, depending on the circumstances of
the case, knowledge in various areas of computer technology may be required.
Despite the fact that the duty to search and consolidate evidence lies with the
investigator, the effectiveness of such investigative actions as inspection of the scene
(crime scene), search, seizure, etc., in the investigation of crimes related to the use of
computer technology, becomes increasingly dependent on organization of interaction
between the investigator and the specialists involved in carrying out these activities.
This circumstance entails the need for the active development and application
of general organizational and tactical methods of using the assistance of persons with
special knowledge in the investigation of cybercrimes, conducting research of these
objects, as well as organizing the interaction of the investigator and specialists in the
field of nanotechnologies in the investigation of cybercrimes, etc. [2, P. 32]
In the literature devoted to the investigation of cybercrimes, various authors
have formed a forensic characteristic of illegal access to computer information, a
classification of traces of illegal access to computer information, a classification of the
methods of committing this crime, data on the methods of concealing it, tools and
means of committing it, developed a methodology for research and search of funds
computer technology [3. P. 290].
Due to the novelty of the methodology for investigating cybercrimes, studies of
the peculiarities of using special knowledge in the field of computer information are
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fragmentary, fragmented and most often come down to separate, private
recommendations. Almost all works devoted to the investigation of crimes in the field
of computer information indicate the advisability of attracting specialists, to one degree
or another, but the content of their assistance is not disclosed. Also, the organization
and tactics of using ICT experts, if analyzed, were rarely, fragmentary.
In this regard, it is relevant to study the problems of attracting experts in the field
of computer technology, establishing interaction between them and the authorities
carrying out the investigation. In 2018, A.K. Rasulev [4. P. 74], and I.R. Astanov
[5. P. 75]. But if the first touched only on criminal law and criminological, then the
second investigated the use of special knowledge in the investigation of crimes. 2020
A.U. Anorboev, considered the criminal legal aspects of cybercrimes [6, p.54]
Thus, at present, all over the world and Uzbekistan, including the appointment
and production of expertise in the field of information technology, special attention is
paid to the investigation of cybercrimes. However, the mechanism for attracting the
necessary specialists and experts in this field to carry out the necessary examinations
is not at a sufficient level and requires its own decision. It is necessary to conduct
scientific research on the forensic aspects of attracting experts in the field of
information technology and to develop an effective methodology and tactics for
interaction of experts and specialists with the investigation, inquiry and pre-
investigation authorities. An effective cybercrime investigation mechanism should be
developed.
References:
1. "Convention on Cybercrime" (ETS N 185) [Russian, English] (concluded in
Budapest on November 23, 2001) as amended on January 28, 2003 //
http://www.coe.int/ru / web / conventions / full-list // conventions / treaty / 185 (date
accessed: 15.10.2014); "Okinawa Charter of the Global Information Society" (adopted
on Okinawa Island 22.07.2000) // Diplomatic Bulletin. 2000. No. 8.
– PP. 51–56;
Bangkok Declaration “Partnership for the Future” (adopted in Bangkok on October 21,
2003) // Diplomatic Bulletin and others.
2. Poleshchuk D.G. Criminal legal protection of information security (on the
example of certain aspects of cybersecurity protection and protection of information
of limited distribution): Author's abstract ... dis. Cand. jurid. sciences.
– Minsk, 2020. –
32
– P. 3. Anorboev A.U. Cyberzhinoyatlarning zhinoy-ҳuқuқy zhiҳatlari: Legal. fan.
bўyicha false. doc. (PhD). dis. – T., 2020. – P. 290.
3. Rasulev A.K. Improvement of criminal law and criminological measures to
combat crimes in the field of information technology and security: Author's abstract.
dis. ... Dr. jurid. Sciences (DSc).
– T., 2018. – P. 74.
4. Astanov IR Procedural and criminalistic aspects of the use of special
knowledge in criminal cases: Author. dis. ... Dr. jurid. Sciences (DSc).
– T.,
2018.
– P. 75.
5. Anorboev A.U. Criminal and legal aspects of cybercrimes: Author's abstract.
dis. … Doctor of Philosophy (PhD). – T., 2020. – P. 54.
