Computer Technology as a Means, Tools and Modus Operandi

The work is devoted to the study of computer technology as a means, instruments and methods of committing crimes. The goal is the identification of the problems of legal regulation of relations in this field, and ways to resolve them. Objectives: 1) To determine the location of computer technology in the traditional structure of a crime as a means, tools and modus operandi; 2) To consider the features of computer technology as a way of committing computer crimes (Article 272 – 274 of the Criminal Code); 3) To investigate the computer technology, performing the method and means of committing certain types of crimes that are not included in Chapter 28 of the Criminal Code; 4) To consider the place of the act in cybercrime; 5) To identify approaches to establish the jurisdiction of States in the commission of crimes in cyberspace. According to the research computer crimes are divided into computer (Chapter 28 of the Criminal Code) and ordinary crimes which are committed through computer technology. Based on the Criminal Code, a detailed categorization of computer technologies as a compulsory, optional and aggravating circumstance of a crime is given in the study. It is revealed that computer technology can act at the same time as the ways and means of committing the act because of the specificity of the Internet (in offenses under Articles 272 – 274 of the Criminal Code). Among the regulatory issues highlighted: the lack of unity of judicial practice, the question of the economic nature and place in the structure of the chapter of the Criminal Code, high latency, and others. The main methods of fraud committed with the help of computer technology are phishing attacks, usage of malicious programs-extortionists and others. It is concluded that computer technologies changed traditionally set the scene and a method for determining jurisdiction. Different variants of their qualification are presented according to the specific circumstances of the crime.