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Kurakov A.V.
Crimes involving the use of information and telecommunication networks in the criminal legislation of foreign countries
Keywords: cybercrime, information and telecommunication networks, criminal law, comparative law, computer crimes, legal model, transnational cooperation, Budapest Convention
Total digitalization and a widespread integration of information and telecommunication networks into socio-economic processes create a fundamentally new environment for illegal activities. Cybercrimes pose a transnational threat to security, the economy and human rights. The pace of technological change is far outstripping the legislative process, with the result that legal regulation remains piecemeal and its application is hampered, particularly given the cross-border nature of modern cyber threats. In this context, a comparative legal analysis of foreign models of criminalisation in this area appears to be relevant. The purpose of the study is to identify the main models cybercrimes criminalization in the criminal legislation of foreign countries, to identify the systemic patterns of their development (including the tendency towards convergence) and to identify the characteristic national features of the emerging global regulatory model. Materials and methods. The work is based on comparative-legal, formal-legal and historical-legal analysis. The research is based on the texts of the laws of the USA, Great Britain, China, the EU, international conventions and scientific literature. Results. Two main models for cybercrimes criminalisation have emerged in the international practice: the integrative model (by amending traditional criminal codes) and the comprehensive model (based on specialised laws). Currently, there is a tendency for their convergence and forming a hybrid model. As a result of the comparison of national legal systems, the key features of the criminal law regulation of cybercrime were identified. In the US, the focus is on protecting economic interests and critical infrastructure, with a broad interpretation of the term "unauthorized access". European Union law is dominated by the harmonization of legislation based on the Budapest Convention with the priority of protecting privacy (GDPR). The Chinese model is characterized by strict state control of cyberspace and criminalization of disseminating "harmful information" in order to protect sovereignty. The object of criminal law protection is expanding to new digital values (cryptoassets, integrity of algorithmic systems). There has been a trend towards criminalising preparatory acts, strengthening the protection of critical information infrastructure through introduction of aggravated offences, and integrating provisions on cybercrime into the broader context of the fight against organised crime. It was established that the effectiveness of counteraction depends not only on legislative norms, but also on the technological capabilities of law enforcement and the level of cross-border cooperation development. Conclusions. Criminal legislation in the field of information and telecommunications networks demonstrates a global convergence of approaches: a hybrid model is emerging, centred on international standards (the Budapest Convention), whilst national characteristics determine specific priorities (the economy in the US, privacy in the EU, sovereignty in China). The key trend is the transition from incident response to preventive regulation, including criminalization of preparatory actions. However, the ultimate effectiveness of the fight against crime depends not so much on the strictness of the laws as on the ability of law enforcement agencies to handle digital evidence, establish cross-border cooperation and strike a balance between security and fundamental human rights in the digital environment.
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About authors
- Kurakov Anton V.
- Post-Graduate Student, Department of Criminal Law Disciplines, Chuvash State University, Russia, Cheboksary (kurakovbanton@gmail.com; )
Article link
Kurakov A.V. Crimes involving the use of information and telecommunication networks in the criminal legislation of foreign countries [Electronic resource] // Oeconomia et Jus. – 2026. – №1. P. 90-96. – URL: https://oecomia-et-jus.ru/en/single/2026/1/8/. DOI: 10.47026/2499-9636-2026-1-90-96.
