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CYBERCRIMES AND CYBER LAW VIOLATIONS: THE
DIFFERENCE BETWEEN CRIME AND LAW VIOLATION
Tulkinova Visola Ulugbek kizi
Tashkent State University of Law
Faculty of Criminal Justice Student
Email: visolatolqinova05@gmail.com
https://doi.org/
10.5281/zenodo.15517049
ARTICLE INFO
ABSTRACT
Qabul qilindi:16-may 2025 yil
Ma’qullandi:18-may 2025 yil
Nashr qilindi: 26-may 2025 yil
This article analyzes the current relevant
cybercrimes based on national and international legal
norms. The main differences and similarities between
crime and law violations are examined. Additionally,
advice is provided on preventing cybercrimes that are
widespread among the public.
KEY WORDS
cybercrimes, crime, law
violation, phishing, cybersecurity,
global
network,
spam,
cyberbullying, cyberterror.
Introduction
Today, as world civilizations develop and countries modernize, entirely new types of
crimes and law violations are emerging. The 21st century, as its name suggests, is the era of
technology. As the global internet network develops, its vast capabilities are not only creating
unprecedented convenience for humanity but are also becoming a source of danger - this is
the reality. Cybercrime, with its ever-new types, has entered the list of global problems of our
century. We cannot ignore that it poses a great threat to human life through spreading virus
software, breaking passwords, stealing funds from credit cards and other bank accounts, and
spreading illegal information on the internet, particularly slander and morally corrupt content.
Furthermore, the rapid development of computer tools, internet networks, and information
technologies, along with the creation of new types, allows users to send or receive any
information in text form, audio, or video with just the click of a button. Of course, such
conveniences bring people closer together and serve as the most convenient tool for saving
time. But have you ever thought about how safely information is being exchanged or how
safely information reaches another person? We can find the answer to this question in
cybersecurity. The concept of "cybercrime" is explained as terrorism in virtual networks using
information and communication technology tools, preparing and spreading viruses and other
malicious software, illegal information, mass distribution of electronic messages (spam),
hacking attacks, illegal access to websites, fraud, violating data integrity and copyright,
stealing credit card numbers and bank account details (phishing and farming) and various
other law violations. By 2024, financial losses from cybercrime reached almost 70%.
According to Juniper Research researchers, damage increases by an average of 11% annually
and exceeded $5 trillion by 2024. Last year, experts estimated damage from cybercrime at $3
trillion.
Cybercrimes are the most dangerous form of cyber law violations.
Table of Contents
1. Research methods used
1
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2. Concepts of cybercrime and cyber law and their history of origin
3. Differences between crime and law violation
4. Types of cybercrime
5. International and national legislation systems on cybersecurity
6. Responsibilities established in national legislation for cybercriminals
7. Conclusion. Author's recommendations
8. List of references
Research Methods Used
In this section, I'll describe the research methods I used to write this analytical essay.
First, I provided detailed information about how cybercrime and cyber law violations
appeared in society and their impact on society. In revealing the concept of cybercrime, I
effectively used "statistical analysis" to show who has suffered from these types of crimes and
how much they hinder the country's development through "comparative analysis" - through
the opinions of scientists and trends and indicators of states.
To further expand this essay, I drew from the opinions of foreign scientists, scientific
articles, and speech texts from sessions of certain international organizations. In addition to
these, I have informally commented on legal norms and socio-legal changes in some parts of
the essay using the
comparative interpretation
and
logical interpretation
methods
commonly found in state and legal theory.
Concepts of Cybercrime and Cyber Law, History of Origin
As mentioned above,
Cybercrime
is
a type of crime committed through the combined
connection of computer and network.
The computer serves as a targeted weapon during the
crime. Cybercrime is committed with the goal of harming someone's security and financial
level.
There are many crimes related to cybercrimes that occur when confidential information is
legally protected. On an international scale, both government and non-governmental entities
are engaged in cybercrimes, including espionage, financial theft, and other cross-border
crimes. Cybercrimes that cross international borders and include the actions of at least one
nation-state are sometimes called cyberattacks.
Warren Buffett describes cybercrime as
"humanity's number one problem" and adds that it "poses a real threat to humanity."
Although cybercrime is a new concept, it has already entered the economies of many
countries.
Cybercrime
is
a type of crime committed through the combined connection of
computer and network
. Cybercrime includes any crime that can be committed using
information communication technologies in a computer system or network. Currently, there
are many types of cybercrimes, and states are developing various mechanisms to eliminate
them. Cybercrime is committed with the goal of harming someone's security and financial
level.
One such cybercrime was the first "electronic crime" committed in 1971. That year, the US
"New York Pennsylvania Central Railroad" railway company discovered that 200 wagons loaded
with valuable cargo had gone missing. During the investigation, it was found that wagons from
several other firms had also disappeared. Careful investigation revealed that the cause of the
missing wagons was the deliberate entry of incorrect addresses into the computer.
This was the
first officially recorded "electronic crime." Former US President Barack Obama, who
witnessed such cybercrimes, said: "Cybersecurity is one of the most pressing problems
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of the 21st century. It is no less than nuclear and mass destruction weapons."
Today,
both computers and communication systems have developed to an unprecedented degree.
This has also created new opportunities for "electronic criminals."
It should be noted that the concept of global network crime does not fully match the
previously existing concept of
"computer crime,"
and therefore this type of crime is now
referred to as
"cybercrime."
In international scientific and legal practice, initially the term
"computer crime" was used, later
"computer-related crime," "committing crime through
computer," "electronic crime" and "high-tech crime," "virtual crime"
were used, and today
the term
"cybercrime" or "global network crime"
is applied. The main purpose of creating
these concepts was to clearly define the boundaries of crime committed through the global
Internet network and to explain that a specific approach is needed to combat it.
I.
Toraxodjaeva
emphasizes that
"cybercrime is considered a broader concept than
computer crime."
The time-related interconnection of the cybercrime concept can be emphasized by the
fact that the main features of computer crimes were initially defined based on the technical
capabilities of information communication technologies available at that time by the
Dallas
Bar Association conference in 1979
. The collection of cybercrimes constitutes cybercrime,
and according to
L. Boranov
,
"cybercrime is a collection of crimes that combines many
types of crimes in the field of information communication technologies." L. Kochkina
recognizes cybercrime as
"crimes in the field of computer data," "information crimes,"
"crimes related to computer equipment," "crimes in high-tech computers," "crimes in the
information field."
Differences Between Crime and Law Violation
Law violation
-
a socially dangerous act that is committed by a subject with legal
capacity and is contrary to legal norms and causes harm to the individual, property, state and
entire society.
By its nature, law violation can be in the form of crime, unlawful action, or
disciplinary violation. In many cases, law violation is used synonymously with lawbreaking.
Law violations are usually divided into 4 groups:
1. Disciplinary law violation
2. Civil law violation
3. Administrative law violation
4. Criminal law violation
Disciplinary law violation
-
the violation of labor discipline rules and principles of
subordination to management that are mandatory in any labor while performing service duties.
Criminal law violation
-
committing a crime, i.e., theft, robbery, murder, resisting internal
affairs officers, and others.
Civil law violation
-
causing damage to the person, property of a citizen or organization.
Administrative law violation
-
According to the Administrative Liability Code of the Republic
of Uzbekistan, it is understood as an unlawful, guilty (intentional or negligent) act or inaction
that violates the rights and freedoms of individuals, citizens, property, state and public order,
and the natural environment, for which administrative liability is provided.
Crime
-
a socially dangerous act provided for in criminal law. The question of considering a
certain act as a crime is resolved in each state according to its social system, population's
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lifestyle, national characteristics, customs, traditions, and taking into account international
legal norms.
According to Article 14 of the Criminal Code of the Republic of Uzbekistan, the
concept of crime is defined as follows:
"A guilty socially dangerous act (action or inaction)
prohibited by this Code is found to be a crime under threat of punishment."
An act that causes harm to objects protected by this Code or creates a real danger of causing
such harm is found to be a socially dangerous act."
Types of Cybercrime
The current increase in the number of cybercrimes and the rapid change in types of
cybercrimes occurring in the virtual world show that the situation is becoming more serious.
Below are the most common types of cybercrimes.
Cyberbullying
- means spreading or posting insulting messages about a person or group on
the internet using information technologies in the virtual world. Cyberbullying is carried out
through information-communication channels and means in the information space. This
includes sending destructive video materials and messages (usually with obscene words) via
email on the Internet, instant messaging programs (like ICQ), social networks, forums, as well
as video portals (YouTube, Vimeo, etc.) or mobile phones (for example, through SMS messages
or harassing calls).
Cyberterrorism
- the implementation of illegal and subversive actions by an individual or
group with the goal of creating various fears and panic between any state or society.
Cyberterrorism, in general, can be defined as a terrorist act committed through the use of
cyberspace or computer resources. Thus, simple propaganda material on the Internet about
bomb attacks occurring on holidays can be considered cyberterrorism. There is also hacking
activity aimed at individuals and families, organized by groups within networks, collecting
necessary information to create fear among people, demonstrate power, destroy people's
lives, as well as looting, blackmail, etc.
Cyberterrorist action (cyberattack)
- carried out with the help of computers and
information communication tools, directly threatening people's lives and health or potentially
threatening, causing great damage to material objects or having the beginning or goal of
socially dangerous consequences, is a political reason. The attractiveness of using cyberspace
for modern terrorists is related to the fact that implementing a cyberattack does not require
large financial expenses. According to experts' conclusions, this is being carried out under the
guise of helping the development of developing countries, establishing universal democratic
principles, influencing citizens' consciousness, subordinating them to their goals through
various means. Unfortunately, in this process, attempts to organize cyberattacks and
"effectively" use the unparalleled capabilities of the global internet network are increasingly
intensifying. New projects are being developed to reduce these actions. The following can be
shown as examples of cyberterrorism incidents:
1. The 2015 cyberattack on Ukraine's electrical networks demonstrates the potential for
large-scale disruptions.
2. Terrorist groups use digital platforms for propaganda, as seen in Al-Qaeda's "Inspire"
magazine.
3. Encrypted communication platforms are crucial for terrorist operations, as confirmed
during the planning of the 2015 Paris attacks.
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According to
STATIONX
data, the number of cybercrimes is constantly increasing.
According to
2024
calculations, the most frequent cybercrimes were attacks on social media
platform providers at
37.4%
, which is
18.2% more than in 2023
. However, cyberattacks on
financial institutions (banks, personal accounts) have significantly decreased, from
24.9% in
2023 to 9.8% in 2024
.
Cybercrimes and cyber law violations are carried out by fraudsters or masked hackers on
the internet.
The most common type of money-making by cybercriminals is blackmail, that is,
demanding money using information about individuals.
This situation occurs as follows:
A person meets another person on the internet, but in reality, the second party is a
fraudster trying to deceive the person.
They have interesting conversations and quickly seem to establish a deep connection
with each other.
They may even have video chats, but the fraudster uses recorded video or finds
excuses for not turning on the microphone or webcam.
As events develop, the relationship may take on a sexual nature. The fraudster tries to
convince the victim to send personal photos or recordings showing themselves in
uncomfortable situations.
Once the fraudster obtains this material, they may even send fake similar photos of
innocent people and begin blackmail.
Now the fraudster threatens to expose the compromising material to family members,
colleagues, and others, and offers to destroy this material if payment is made.
International and National Legislation Systems on Cybersecurity
To prevent cybercrimes and cyber law violations, many agreements and treaties are being
signed by countries. For example,
The Budapest Convention on Cybercrime of November
23, 2001:
Recorded measures to be implemented at the national level in the field of computer
information;
Established types of cybercrimes and penalties for committing them;
Defined certain procedural features of investigative actions, preservation of data
during investigation;
Proposed general principles of international cooperation and mutual assistance in this
area.
The Budapest Convention distinguishes the following types of crimes:
Crimes against the confidentiality, integrity and availability of computer data and
systems;
Computer-related offenses;
Content-related offenses;
Offenses related to violations of copyright and related rights.
The Budapest Convention recommended that each participant (party) develop national
legislation necessary to establish the powers and procedures provided for in the provisions of
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this document and take other measures. This international document emphasized that the
parties' establishment of Convention procedures should be carried out based on the relevant
conditions and guarantees, ensuring adequate protection of human rights and freedoms,
including rights arising from obligations.
The Agreement on Cooperation in Combating Crimes in the Field of Information
Technology between the Commonwealth of Independent States (CIS) member states
was signed on September 28, 2018.
According to this agreement, the following are recognized as criminal acts in the field of
information technology:
a) Disruption of an information (computer) system through destruction, blocking,
modification or copying of information, unauthorized access to computer data protected by
law; b) Creating, using or distributing malicious software; c) Violation of computer system
usage rules by a person authorized to access the computer system, resulting in the destruction,
blocking or modification of computer data protected by law, if this action caused serious
damage or severe consequences; d) Theft of property related to changing data processed in a
computer system, stored on machine carriers or transmitted through data transmission
networks, or entering incorrect data into a computer system or unauthorized access to
computer data protected by law; e) Distribution of pornographic materials or objects of
pornographic nature with images of minors through the "Internet" information-
telecommunication network or other electrical communication channels; f) Illegal use of
programs for computer systems and databases that are copyright objects, as well as
appropriation of copyright if this act caused significant damage; g) Distribution of materials
recognized as extremist in the prescribed manner or containing calls to carry out terrorist
activities or justify terrorism, using the "Internet" information-telecommunication network or
other electrical communication channels.
In the Republic of Uzbekistan, there are also cases of cybercrimes and cyber law
violations, and today the number of such crimes is increasing.
It is noted that by November
2023, 5,500 cybercrimes were committed. Of these, 70% are fraud and theft crimes
related to bank cards.
To reduce these indicators and prevent such crimes,
the Law "On
Cybersecurity" was adopted on April 15, 2022.
In
Article 3
of this law, cybercrime is
defined as follows: "
cybercrime
- a collection of crimes carried out using software and
technical means in cyberspace for the purpose of acquiring information, changing it,
destroying it, or disabling information systems and resources."
Responsibilities Established in National Legislation for Cybercriminals
Additionally, responsibilities are established in the legislation of the Republic of Uzbekistan
for persons who commit cybercrimes, including: In the Code of Administrative Liability of the
Republic of Uzbekistan (hereinafter referred to as CAL), administrative violations against
information security include
violation of information use rules (CAL Article 155),
violation of computer system use rules (CAL Article 155(1)), illegal preparation and
distribution of mass media products (CAL Article 218).
Administrative violations that can
be committed in the information-communication space also include acts committed using
mass media, telecommunication networks, or the global Internet network. These include
violations provided for in
CAL Articles 189, 189(1), 191
. Violations provided for by these
CAL Articles 189, 189(1), 191 (pornography, gambling, violence, promoting ideas of war and
violence in young people's consciousness; promoting narcotics, psychotropic substances) are
committed through illegal actions that threaten citizens', including minors', lives and/or health
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or the lives and/or health of other persons.
Additionally, administrative liability is established
for distributing illegal content on the global Internet network according to
CAL Article 276
.
In Chapter XXI "Crimes in the Field of Information Technology" added to the
Criminal Code of the Republic of Uzbekistan, liability is established for the following
crimes:
CC Article 278(1). Violation of informatization rules
CC Article 278(2). Illegal (unauthorized) use of computer information
CC Article 278(3). Preparation or transfer and distribution of special means for illegal
(unauthorized) use of computer systems, as well as telecommunication networks
CC Article 278(4). Modification of computer information
CC Article 278(5). Computer sabotage
CC Article 278(6). Creating, using or distributing harmful programs.
Conclusion. Author's Recommendations
I would like to provide my personal suggestions for reducing the number of
cybercrimes, which are among the most common crimes in our lives today. First, we need to
call citizens to vigilance. Because many individuals carelessly entrust their bank account
numbers, phone numbers, email addresses, or similar information to other people. One of the
common cybercrimes in our lives is fake correspondence or various types of virus files
through Telegram messengers. To prevent these, training sessions should be held in every
neighborhood to provide detailed information about these crimes, involving experienced
specialists in this field. Next, we need to train more specialists in this field and send them to
various countries to study cybercrimes, find solutions, and implement them into our
legislation.
As technology advances, the number of cybercrimes and cyber law violations will continue to
increase if we don't find solutions. Therefore, I believe that the fields of cyber law and
cybersecurity should be widely disseminated to society.
The final conclusion is that cybercrime is a widespread dangerous problem. This crime can
target anyone, anywhere, at any time. Therefore, we must be careful about our own actions
and strengthen information security and the legal system.
BIBLIOGRAPHY:
LEGAL LITERATURE
1. Cyber law as a field of law: treatise / compilers R.R.Shakurov, M.M.Vohidov. - Tashkent:
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globalization process". Issue 1. Volume 1. 2022. July.
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10. Budapest Convention on Cybercrime of November 23, 2001.
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NATIONAL NORMATIVE LEGAL DOCUMENTS
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