Cybercrime in Turkey, comparison with Ukrainian legislation

Global digitalization has been going on for several decades, we did not have time to notice how stable Internet, e-mail, messengers became necessary attributes of our lives, a significant part of life issues are now solved thanks to electronic services, it is banal to order goods, make an appointment with a doctor, transfer funds, see news. But at the same time, the number of crimes in this area is increasing.

Every year, cybercrime causes a lot of damage to states and private individuals. At the 73rd session of the UN General Assembly, Secretary-General Antonio Guterres estimated the annual losses from cybercrime in the world at 1.5 trillion dollars. Unfortunately, the predictions of cyber security experts are disappointing. In the future, the number of crimes and damages from cyberattacks will only increase, because criminals are usually at least one step ahead of the mechanisms that state bodies and private individuals have to prevent and detect such crimes.

Dmytro Niculesco "Yuf Ilyashev and Partners" Lawyer, Ukraine

Such a concept as cybercrime appeared a long time ago, and in most developed countries this concept is reflected in local legislation. But "cybercrime" can be interpreted differently in each country. In Ukraine, for example, the main crimes are defined in Chapter XVI of the Criminal Code of Ukraine :

• Article 361 of the Criminal Code. Unauthorized interference in the work of information (automated), electronic communication, information and communication systems, electronic communication networks;
• Article 361-1 of the Criminal Code. Creation for the purpose of illegal use, distribution or sale of malicious software or technical means, as well as their distribution or sale;
• Article 361-2 of the Criminal Code. Unauthorized sale or distribution of information with restricted access, which is stored in electronic computing machines (computers), automated systems, computer networks or on media of such information;
• Article 362 of the Criminal Code. Unauthorized actions with information processed in electronic computing machines (computers), automated systems, computer networks or stored on the media of such information, committed by a person who has the right to access it;
• Article 363 of the Criminal Code. Violation of the rules for the operation of electronic computing machines (computers), automated systems, computer networks or telecommunication networks or the order or rules for the protection of information processed in them;
• Article 363-1 of the Criminal Code. Interference with the operation of electronic computing machines (computers), automated systems, computer networks or telecommunication networks by means of mass distribution of telecommunication messages.

In addition, in addition to the CCU, our country has other legal acts that regulate the field of cybercrime: the Law "On the Basic Principles of Ensuring Cybersecurity of Ukraine" , the Law "On Information" , the Law "On Protection of Information in Information and Telecommunication Systems" and others international agreements.

As for Turkey, the situation is similar, there is no single law (code) regulating cybercrime, for example, there are several articles in the local Criminal Code , namely:

• Article 243 of the CCP . Unauthorized access to a data processing system, namely breaking into part or all of a data processing system, deleting or changing data in the system. Unauthorized control of data transfer within or between data processing systems using technical means;
• Article 244 of the CCP . Obstruction (blocking) in the use of the data system, deletion (destruction) or change of data, destruction of the operation of the data processing system. In addition, the article refers to the sending of data to other places.

In this article, " destruction or change of data in the information system" should be understood as an obstacle, destruction or change of data registered in the system by the user. "Information system blocking" - the criminal prevents the user from entering his own data processing system and/or makes this system inaccessible. Finally, what should be understood by the phrase "disruption of the operation of the data processing system" is a violation of the functioning of the data processing system in accordance with its technical infrastructure.

In addition to the above, I would like to note that in Turkey, cybercrimes are not included in the number of crimes that are considered "crimes prosecuted by complaint", so if the victim refuses to file a complaint, the investigation of the crime does not stop.

Eren Can Ersoy Senior Associate, Turkey

• Article 245 of the CPC . Improper use of bank cards. This includes the situation when a person acquires another person's bank cards or uses these cards without the cardholder's consent, or provides benefits for himself or third parties. This article also includes receiving benefits by using a fake bank card.
• Article 245/A of the CCP . Using prohibited devices or programs. For example, a person transfers to others a device, computer program, password or other security code that helps to send, store, receive, sell data.

As in Ukraine, Turkey ratified the European Convention on Cybercrime (also known as the "Budapest Convention"), which became the foundation for the development of national "cyber" legislation in both countries.

I would like to single out the Turkish Law No. 5651 "On Regulation of Internet Broadcasting and Combating Crimes Committed in This Field" . In short, the law makes it possible to block access to websites without a prior court order, allowing websites to be blocked if necessary for "national security, the restoration of public order, and the prevention of crime." The Internet provider is obliged to close access to the website or remove its content within four hours after receiving a request from law enforcement authorities. In addition, law enforcement agencies can access the browsing history of any Internet user without a court order.

In my opinion, the development of the legislation of Ukraine and Turkey in the field of cybercrime is at the same level, certainly not as in the countries of the "third world, but also not as in the USA, that is, there is room for growth. After all, there are very few special norms, there are usually such concepts as " database", "computer program", "automated system", but digitization continues, new gadgets and services appear, which need to be "added" to the legislation.