HARMONIZATION OF CRIMINAL PROCEDURAL LEGISLATION OF INDIVIDUAL EU MEMBER STATES WITH THE PROCEDURAL PROVISIONS OF THE CONVENTION ON CYBERCRIME: A VIEW FROM UKRAINE

Abstract

The procedural powers of pre-trial investigation bodies represent an important tool in dealing with cybercrimes. This academic paper analyses the procedural powers through the implementation of the relevant provisions of the Convention on Cybercrime.  The aim of this academic research is to compare how some European countries implemented the provisions of the Budapest Convention procedural capabilities of pre-trial investigative bodies during the investigation of cybercrimes into national laws. The object of the research is the Budapest Convention and national procedural legislation of selected European countries, by the authors of this academic paper. The main tasks of this study to achieve the aim of this research are the following: 1) to gather systematic knowledge about the state of regulation of criminal procedural powers of pretrial investigation bodies dealing with cybercrimes by comparing the current procedural capabilities of pre-trial investigative bodies 

with the effective investigation of cybercrimes and the completeness of the implementation of the procedural provisions of the Budapest Convention in criminal procedure legislation of some European countries (which implemented the Budapest Convention and developed procedural mechanisms for national law enforcement agencies); 2) to analyse the criminal procedural laws of Ukraine relating to cybercrime investigation through the implementation of the provisions of the Budapest Convention into national law; 3) provide a recommendation on improving the laws of Ukraine to deal with cybercrimes. The result of this study shows that the full implementation of the procedural provisions of the Convention on Cybercrime by the signatory states is a mandatory condition for improving the effectiveness of cybercrime investigations in European countries, although the process of implementation of specified powers is too slow in some countries, especially through instruments of legal cooperation in criminal cases. The topic of legal cooperation in criminal matters related to cybercrimes shall not be a research theme in the given academic paper, it may be a separate topic for new academic research.

Keywords: The Convention on Cybercrime, Criminal Code, Сriminal Procedure Code, procedural powers, investigative actions, measures to ensure criminal proceedings, computer data