ON THE ISSUE OF HARMONIZATION OF LEGISLATION IN THE SPHERE OF COLLECTING ELECTRONIC EVIDENCE AND COMBATING CYBERCRIME

Abstract

The article is dedicated to matters of harmonization of law concerning collection of electronic evidence and cybercrime prevention. Purpose of the article is to determine forms of harmonization of law concerning collection of electronic evidence and cybercrime prevention. It is stated that 95% of the UN member states are involved in reforming their law concerning cybercrime and electronic evidence, yet still there is no uniform international regulation containing comprehensive guidelines for this sphere. Each national law enforcement system creates its own legal regime for electronic evidence, procedure for collection and examination thereof, and at the same time processes are in place for standardization of this sphere at the international level. It is further noted that the states and international organizations tend to standardize certain types of electronic evidence or a specific sphere where such electronic evidence is applied, which creates problems in international cooperation, since law on electronic evidence should be technologically neutral in order to keep up with developing technological advances and be compatible with laws of other countries. It is stated that harmonization of law in the sphere of collection of electronic evidence and cybercrime prevention occurs both at the international and regional levels (for instance, Regulation of the European Parliament and EU Council on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings). Certain regional initiatives acquire universal status, such as the EU Council Convention on Cybercrime (Budapest Convention), joined by 22 countries that are not member states of the European Council (USA, Canada, Argentina, etc.). At the same time there have been attempts to regulate cybercrime prevention at the UN level. And yet, still there are countries that are not involved in any kind of harmonization, which creates risks that such countries will be used as grey zones by cybercriminals.