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INTERNATIONAL LEGAL BASIS OF COOPERATION OF STATES IN
THE FIGHT AGAINST TRANSNATIONAL CRIMES IN THE FIELD OF
DIGITAL TECHNOLOGIES
Jonuzokova Yulduz
Doctoral student of University of World Economy and Diplomacy
email: sulaymonovayulduz98@gmail.com
https://doi.org/10.5281/zenodo.11262437
Modern information technologies are developing very quickly, and almost
all information and data, as well as banking operations, are carried out in
cyberspace. Although the goal of this is to make it easier for users and to create
relief, the crimes and threats that are happening in cyberspace today call for
vigilance.
At the same time, people around the world are being encouraged to use
technology with caution. The presence of such risks has created unprecedented
opportunities for criminals in the field of information technology, and criminal
behavior has become a daily occurrence today.
1
Some actions considered illegal are being carried out in cyberspace in various
forms today. A number of countries around the world are reforming their
existing laws and regulations in order to create some form of control over
cyberspace and deter cybercriminals.
In order to prevent such crimes in countries with advanced information
technologies, it is emphasized that clear and transparent criminal legislation
should be developed and adopted in order to establish ethical standards in
cyberspace, in other words, new standards, laws and it is said that mechanisms
should be developed.
In addition, it is an extremely dangerous and illegal activity in the field of
information technology, which is explained by the fact that cyber space is
borderless, criminals can attack many people, systems and organizations in any
country of the world, regardless of their geographical location, and can even
cause serious damage to international relations.
International legal protection mechanisms aimed at combating crime in the field
of information technology can be conditionally classified into two categories. In
particular, it includes:
a) declarative norms that give instructions against crimes and violations that
may occur in cyberspace: international legal documents included in this
1
Gantz J.F., D. Reinsel, C. Chute, W. Schlichting, J. McArthur, S. Minton, I. Xhensi, A. Toncheva and A.
Manfrediz (2007), The Expanding Digital Universe: A Forecast of Worldwide Information Growth Through 2010, IDC
White Paper, accessed at
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classification include the "Universal Declaration of Human Rights" adopted by
the United Nations on December 10, 1948, adopted by the General Assembly in
1998, in each of its resolutions "Development in the field of information and
communications in the context of international security" adopted at one session,
Resolution No. 58/199 "On the creation of a global culture of cyber security and
protection of critical information structures", adopted on December 23, 2003, 7
December 2013 In February, the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
adopted a joint statement entitled "European Union Cybersecurity Strategy:
Open, Safe and Secure Cyberspace" and others.
2
b) international legal documents aimed at taking practical and organizational
measures against violations in cyberspace: the International Covenant on Civil
and Political Rights adopted in 1966, the European Convention for the
Protection of Human Rights and Fundamental Freedoms in 1950, The American
Convention on Human Rights of 1969, the Convention on Cybercrime of
November 23, 2001, and the Commonwealth of Independent States Agreement
on Cooperation in the Suppression of Computer Crimes of June 1, 2001, etc.
In addition, Article 17 of the International Covenant on Civil and Political Rights
adopted in 1966, Article 8 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms of 1950, and Article 8 of the 1969
Convention on Human Rights Article 11 of the American Convention on
Information and Cyber Security is also included.
In the UN General Assembly resolution 58/199 of December 23, 2003 "On the
creation of a global culture of cyber security and the protection of critical
information infrastructures",
3
the elements of protection of critical information
infrastructures, in particular, having emergency warning networks about cyber
vulnerabilities, threats and incidents, the nature and scope of critical
information infrastructures and their position in protecting them, studying
information infrastructures and determining the interrelationships between
them, thereby strengthening the protection of such infrastructures and
preventing, investigating and responding to damage or attacks on such
infrastructures recommendations have been made on the development of
cooperation between public and private interested parties to share and analyze
their data and to take similar protective measures.
2
Gurcke M. Understanding Cybercrime: A Guide for Developing Countries. ITU. 2009.
3
McCullagh K. Protecting “privacy” through control of “personal” data processing: A flawed approach. International
Review of Law, Computers & Technology. 2009. V. 24. N 1-2.
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Legal regulation of issues of combating crimes in the field of information
technology is the basis of the entire system of combating crime in the field. In
general, the fact that "it is difficult to apply existing laws when it comes to non-
localizable attacks on a global scale, the evidence of which is scattered and
virtual" makes the development of international acts even more complicated.
4
References:
1.
Gantz J.F., D. Reinsel, C. Chute, W. Schlichting, J. McArthur, S. Minton, I.
Xhensi, A. Toncheva and A. Manfrediz (2007), The Expanding Digital Universe: A
Forecast of Worldwide Information Growth Through 2010, IDC White Paper,
accessed at http://www.emc.com/about/destination/digital_universe/.
2.
Gurcke M. Understanding Cybercrime: A Guide for Developing Countries.
ITU. 2009.
3.
McCullagh K. Protecting “privacy” through control of “personal” data
processing: A flawed approach. International Review of Law, Computers &
Technology. 2009. V. 24. N 1-2.
4.
Жилина И.Ю. Киберпреступность и борьба с ней (сводный реферат) /
И.Ю. Жилина // Социальные и гуманитарные науки. Отечественная и
зарубежная литература. Сер. 2, Экономика: реф. журн. – 2003. – № 1. – С.
144
4
Жилина И.Ю. Киберпреступность и борьба с ней (сводный реферат) / И.Ю. Жилина // Социальные и
гуманитарные науки. Отечественная и зарубежная литература. Сер. 2, Экономика: реф. журн. – 2003. – № 1. – С.
144.
