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 animportant tool in dealing with cybercrimes. This academic paper analyses the procedural powers through the implementation ofthe relevant provisions of the Convention on Cybercrime. The aim of this academic research isto comparehow some European countries implemented the provisions of the Budapest Convention procedural capabilities of pre-trial investigative bodies during the investigation of cybercrimesinto national laws. The object of the research isthe Budapest Convention and national procedural legislation of selected European countries, by the authors of this academic paper.The main tasksof this study to achievethe aim of this research arethe following: 1) to gathersystematic knowledge about the state of regulation of criminal procedural powers of pretrial investigation bodies dealingwith cybercrimes by comparingthe current procedural capabilities of pre-trial investigative bodies withthe 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 tocybercrime investigation through the implementation of the provisions of the Budapest Convention into national law; 3) provide arecommendation on improving thelaws of Ukraine to dealwith 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 oflegal cooperation in criminal matters related to cybercrimes shallnot be aresearch theme in the given academic paper,it maybe a separate topic for new academic research.