Criminal law policy and criminalistic strategy in counteraction to cyber sabotage during russian-ukrainian war

The article is devoted to the criminal-legal and forensic investigation of cyber sabotage, which began to be actively committed by the aggressor during the Russian-Ukrainian war in Ukraine. Cyberwarfare as a form of the active phase of the war began to seriously affect the critical infrastructure of Ukraine, affecting the very foundations of national security through the destruction of defense capabilities, economy, and investment climate. An important part of the study was to provide examples of cyberattacks that affected private, corporate, and state processes in Ukraine (cyberattacks on the banking system of Ukraine, the energy sector of the economy, “Kyivstar”, “Ukrzaliznytsia”, etc.). In this context, the authors analyzed the criminal law policy and forensic strategy in countering cyber sabotage during the Russian-Ukrainian war. For this purpose, a number of regulatory legal acts in the legislation of Ukraine were analyzed: 1) The Law of Ukraine “On Critical Infrastructure”; 2) the Cybersecurity Strategy of Ukraine; 3) the Action Plan for 2025 for the Implementation of the Cybersecurity Strategy of Ukraine. Also, in the legislation of other states, the Criminal (Penal) Codes of Germany, France, and the Kyrgyz Republic were identified, which have already incorporated and defined cyber sabotage (cyber sabotage or computer sabotage) as a separate crime. As a result of this study, the authors attempted to formulate a proposal to define cyber sabotage in Ukraine as a separate crime against the foundations of national security. In accordance with the implementation of the Cybersecurity Strategy of Ukraine within the framework of the implementation of the 2025 plan, certain measures were identified that can be attributed to the implementation of the forensic strategy in countering cybercrimes, including cyber sabotage. It was also established that the forensic strategy in countering cyber sabotage can be achieved through: 1) interaction of the main subjects of the national cybersecurity system and the defense forces in terms of joint implementation of cyber defense tasks (cyber defense); 2) implementation of joint measures with EU and NATO member states in countering cyber threats; 3) conducting interagency trainings and exercises in countering cyber-attacks; 4) creation and practical application of standards for investigating cyber sabotage; 5) increasing interaction between law enforcement agencies and cyber defense agencies (cyber defense) in investigating cyber sabotage; 6) increasing the capabilities and interaction between law enforcement and forensic agencies.

cyber sabotage; criminal offenses against basis of national security; criminal law policy; criminalistic strategy; crime counteraction; cyber defense