Alina AMİRLİ (Azerbaijan),
 Master student of International Relations and Diplomacy

at the Academy of Public Administration

under the President of the Republic of Azerbaijan

In modern times, the development of the information society, the large scale of globalization, as well the spread of technology and information environment to transnational crimes in this field and new in the national law of countries led to the creation of the category of crimes. Activities related to the improvement of ICT in the international world and effective management of this system made it necessary to set it in legal order. 

 Developed countries make extensive use of ICT, speeding up processes and saving human resources. This form of information exchange helps the formation of civil society by making legal processes and public administration more efficient. Thanks to the development of ICT, "electronic democracy" and "electronic state" are emerging in public administration. In turn, the management of state power, the provision of human rights and social-legal equality between people, the state's electronic management system balances trust in the government and other democratic values.

According to scientists, in recent times, average personal computers have surpassed the capabilities of the human brain will pass, in 2029 the electronic intelligence will be 1000 times greater than the human mental capacity. Fifty million it took 38 years for radio and 13 years for television to cover the audience. In 1993 on the global network while there were only 50 pages, today they number in the billions. The number of Internet users in the world last year It exceeded 3.8 billion. This is more than half of the world’s population. 53% of Internet users are Asia-Pacific Oceania, Europe 15%, Africa & Middle East 13%, Latin America 10%, North America 9%, China 21%, China 12% It fell to India and the United States. 24 percent of the world’s population using the Internet in 2009 if it was, last year this number increased to 51 percent. This is the dynamic development of ICT and social relations, he including the impact on national and international law [4].

Appearing in connection with the operation of computer systems and programs, ICT, as well as the Internet selection and application of appropriate mechanisms for effective regulation of public relations is important. As a result of the weakness of legal regulation, today computer crimes are criminal has become the most dangerous type of odes [5,6]

In cyberspace the arrangement eliminates space and time constraints traditional approaches and mechanisms in relation to the rise does not give the necessary effect when it is carried out through.  Made to the information infrastructure attacks, mainly of computer systems or data intentional damage, deletion, corruption, alteration, through blocking, falsification, or interception are carried out, which are also about Cybercrime Convention, as well as the Republic of Azerbaijan Crime According to the Code, organizing acts considered as cybercrime does [1, p. 56]. 

Related to cybercrime developed by Symantec Corporation report that 50% of adults worldwide use the Internet about facing cybercrime or other negative online situations data, in general, of the weakness of cybercrime fighting mechanisms can be taken as an indicator. In April and May 2007, one of the Republic of Estonia a number of government, media, banking and other important websites were subjected to cyber attacks precisely because of the lack of necessary protection measures and mechanisms resulted in significant damage [2, p. 9].

In our modern era, as the use of ICT by people in all areas of life becomes widespread, it leads to an increase in their electronic footprints. This also applies to traces left in criminal cases. Therefore, both relevant electronic evidence cybercrimes and the use of ICT are particularly important for the investigation and appropriate sentencing of those crimes. It should also be noted that these evidences do not affect the initiation or dismissal of criminal proceedings. Simply, the important details of the incident during the preliminary investigation are sufficient factual information and legal basis for the examination during the trial. After that, that information is crucial in achieving efficiency in trial and sentencing.

Each of these stages to comply with one’s procedural requirements identification, acquisition, storage, analysis, litigation of electronic evidence it is necessary to submit to the review. This is special from law enforcement agencies requires the application of technical programs, mechanisms, methods and tools. These requirements Some of the work of law enforcement agencies is related to the use of ICT although it is helpful in some aspects, it makes it difficult in a number of cases [2, p. 10].

Large stored in modern computer memories and transmitted over networks This is the selection and analysis of information for the purpose of research It is one of the main difficulties in the direction [3]. It is another aspect that complicates the situation for law enforcement agencies is that the transmission of information containing the elements of the crime, mainly it is done in a very short time – just a few seconds. This is research that there is too limited time to collect the necessary evidence for the purpose means at the same time, electronic evidence is easily in a very short time can be changed, completely destroyed operative in the criminal prosecution process and requires more careful handling. In addition, from other types of material evidence on the contrary, considering that the slightest carelessness can completely lose the importance of evidence It should be noted that the electronic evidence obtained during the investigation the use of a copy or image for the protection of their original, each in one case, it is more appropriate. In addition, it should be noted that the cloud acceleration of the transition to technologies (Cloud Computing) in the future of cybercrimes Before collecting the electronic evidence necessary for the investigation, one of the sufficiency will create the problem of a little difficulty and the collection of necessary and reliable evidence will limit [2, p. 11].

B. Location of Information, Anonymity and Confidentiality

ICT has a role to play in addressing the technological side of electronic evidence challenges and although it has opportunities, the solution of the legal aspects of the problem depends on the application of the relevant regulatory and legal mechanisms. Investigation and investigation of cybercrimes along with the application of adequate investigative tools and means, with electronic evidence also requires compliance with relevant procedural rules and legislation. Just improving national legislation to fight cybercrime does not ensure effectiveness and efficiency. Because the object and subject of the crime transnational, realized without the need for physical proximity or contact between them In addition to jurisdictional issues, the investigation of cybercrime in nature, electronic it also creates difficulty in collecting evidence. So, in a number of cases cybercrime Difficulty in locating the perpetrator of that crime obstacles to obtaining electronic evidence that is important for creates. At the same time, most of the infrastructure is private or privately owned its presence requires the cooperation of law enforcement agencies with various sectors. In this sense, another noteworthy point is life through cyberspace ensuring anonymity and confidentiality in information exchanges there is a wide range of opportunities for Such opportunities during the realization of cybercrimes Widely used by law enforcement officers during the investigation of crimes complicates legal processes such as gathering and evaluating evidence.

Only to the owner of the information and encrypting it based on algorithms known to the addressee of programs and technologies that provide a higher level of confidentiality Availability for Internet users in this sense of anonymity in the face of research creates a greater barrier. Password by key password research authorities Eliminates the impossibility of availability of information that can be obtained from the owner raises But in addition to anonymity, all encrypted through such programs communications and electronic documents against lawful interceptions and searches gains immunity, and such electronic transfers are carried out in any state can be out of control. The use of these methods in the commission of cybercrimes in recent years Evidence of anonymous and encrypted information and documents, taking into account the rapid increase collection, inspection, evaluation, storage as well it is necessary to improve the normative-legal as well as the scientific-technical base [2, p. 12].

Area in transactions carried out through modern computer networks national traditional criminal-legal mechanisms operating under their jurisdictions to be able to easily go beyond the spheres of influence for the commission of cybercrimes Despite creating new opportunities and goals, one before their exploration causes a number of difficulties. Because cyberspace is divided into territories and jurisdictions does not operate and the area where the working mechanism is applied in physical space does not depend on its limitations. Therefore, transnational cybercrime adapted to the requirements of physical space in investigation and prevention it is not possible to ensure effectiveness through legal mechanisms. With cybercrime comprehensive, efficient and effective fighting and their investigation collection of electronic information necessary during international cooperation, especially stipulates mutual legal and technical assistance between countries [2, p. 12].

Council of Europe (CoE) signed in Budapest in 2001 and in 2004 entered into force Cybercrime or the Budapest  Convention with cybercrime It can be considered a historical achievement in the  fight and a leader in the relevant field to this day and is the most widely cited international document. Until February 2014 Budapest Convention signed by 49 countries, ratified by 41 countries has been done.The Budapest Convention is also open to non-EEC countries and is a regional agreement is not considered. The United States, Canada, Japan and South Africa, which are not members of the Council of Europe signatories, the United States and Japan, Australia, the Dominican Republic and Mauritius The Republic has ratified [2, p. 13].

The UN, especially by its main bodies, the General Assembly and the Economic and Social Council adopted a number of resolutions in the field of combating cybercrime from the very beginning of the 21^st century has done Thus, in 2001, the General Assembly adopted the “Information Technologies the resolution (A/RES/55/63) entitled “combating criminal abuse” was adopted. This resolution states that states in the fight against anyone who abuses information technology, their security they will play an active role in providing it within their internal powers. Besides, it is emphasized there that the transnational problems related to this field are coordinated by all the states that have agreed should be researched [4].

In its 2013 statement, the UN Office on Drugs and Crime emphasizes that In 2011, approximately 2.3 billion people (about a third of the world’s total population) had access to the Internet has been In 2017, the number of mobile and electronic users made up 70 percent of the world’s population as a whole did. By 2020, one out of every 6 people on the planet will use the Internet may not have a user. And imagining “computer crimes” in tomorrow’s hyperconnected world so it will be difficult and most likely every Internet Protocol (IP) related and not related to electronic element any criminal act. As can be seen from these views, there is actually more international cooperation regarding cybercrimes It is important for the protection and safety of humanity from present and future threats [4].

Universal and regional in the regulation of relations in the field of combating cybercrime one of the most important scientific tools related to the role of international agreements is organized in this field are international conferences, seminars, congresses, symposiums and forums. These are, of course, the beginning of cooperation is very important for the construction of lines. Issues of international legal cooperation in the field of combating cybercrime in the new era When reviewing the I Interpol on Computer Crime held in April 1995 in this field The international conference should be specially mentioned. Law enforcement and special service agencies of 49 countries The conference was held with the participation of representatives, employees of large banks and experts preliminary form of cooperation in the direction of the formation of the international legal treaty base on crimes is considered. Universal international on the regulation of relations in the field of combating cybercrime One of the events of exceptional importance in the formation of agreements was held within the framework of the UN in 2000 X Congress on Crime Reporting and Offender Treatment and the level of growth of cybercrimes in the world is especially noted, in the field of high technologies the expansion of types of crimes and the emergence of new manifestations of this type of acts were emphasized [4].

In January 2001, the European Commission “Modernization of information infrastructure and Adoption of the Communiqué on creating a secure information society by fighting cybercrimes did This document is the basis of the European regional policy against crime in the field of high technologies strengthened. However, this Communiqué is a recommendation to member states against cybercrime does not include general mandatory rules for the implementation of the struggle. Treaty mechanisms on cybercrime within the EU also provide a number of further strategies and led to the adoption of action plans, as well as the formation of institutional structures. April 26 In 2010, at the 3010th (Luxembourg) meeting of the Council of Ministers of the EU, on the fight against cybercrimes Action Plan for the implementation of the joint strategy, 4 June 2012 European Cybercrime The draft decision of the EU Council on the establishment of the Center was adopted [4].

Alina AMİRLİ   (Azerbaijan),
 master student of International Relations and Diplomacy

at the Academy of Public Administration under

 the President of the Republic of Azerbaijan

Summary. Starting from the 1980s, cybercrime, with its modern name, is one of the main problems of the time, whether at the household or state level. Although ICT makes our life easier, information security is in doubt. Apart from these people, it is a source of real danger for the states. In addition to playing an important role in ensuring the efficiency of public administration, the databases where important state information is stored are directly connected to ICT. The existence of a weak security system will create conditions for obtaining such information.

Like climate change, global warming, and terrorism, cybercrime is a global problem that must be solved not by one state, but by the nations of the world together. Although legal regulations play a decisive role in other types of crime, in cybercrime the concepts of time and space disappear, as well as the rapid development of technology, puts the legal system somewhat in the background.

As a result, states and international organizations cooperate by signing international, regional and bilateral agreements and implement effective legislation in order to prevent cybercrime - the Budapest Convention was the main document that laid the foundation for the mentioned processes. In addition, certain decisions on cybercrime have been adopted within the UN, European Union, CIS and Eastern countries.

Keywords: İCT,   Cybercrime, Cybercrime Convention, Legal solution of Cybercrime, computer, İnternet

Алина АМИРЛИ (Азербайджан), 

магистрант Академии Государственного Управления 

при Президенте Азербайджанской Республики 

Резюме. Начиная с 1980-х годов киберпреступность в современном названии является одной из главных проблем современности, как на бытовом, так и на государственном уровне. Хотя ИКТ облегчают нашу жизнь, информационная безопасность находится под вопросом. Помимо этих людей, это источник реальной опасности для государств. Базы данных, в которых хранится важная государственная информация, не только играют важную роль в обеспечении эффективности государственного управления, но и напрямую связаны с ИКТ. Наличие слабой системы безопасности создаст условия для получения такой информации. Подобно изменению климата, глобальному потеплению и терроризму, киберпреступность — это глобальная проблема, которую должны решать не одно государство, а народы мира вместе. Хотя правовое регулирование играет решающую роль и в других видах преступлений, в киберпреступности исчезают понятия времени и пространства, а бурное развитие технологий ставит правовую систему несколько на второй план. В результате государства и международные организации сотрудничают, подписывая международные, региональные и двусторонние соглашения и внедряя эффективное законодательство в целях предотвращения киберпреступности – Будапештская конвенция стала основным документом, заложившим основу для упомянутых процессов. Кроме того, определенные решения по киберпреступности приняты в рамках ООН, Евросоюза, стран СНГ и Востока. 

Ключевые слова: İCT, Киберпреступность, Конвенция о киберпреступности, Правовое решение киберпреступности, компьютер, Интернет.