UBA News (#09 September 2017)

Main trends of prosecution for actions carried out on the Internet

During the meeting organized by the Ukrainian Bar Association Committee on Criminal Law & Procedure on 9 August 2017 participants discussed the main trends in bringing to criminal responsibility for actions in the world wide web.

Andriy Bichuk, a lawyer at OLX, focused on the problems of criminal prosecution of online distributors of counterfeit products. The speaker explained that the platform acts as an intermediary between buyers and sellers and it is for this reason that it cannot bear responsibility for actions carried out by sellers. At the same time, he assured that their company is actively cooperating with rights holders and once lawyers receive the necessary documents, the service blocks ads with proven counterfeit products.

Denis Nenov, lawyer and coordinator of criminal practice at Solodko & Partners, shared his experience on formation of an evidence base for the investigation of crimes against the foundations of national security on the Internet.

The expert called crimes involving personal data the most complicated as there is still no judicial practice or experience in dealing with such cases.

At the end of the meeting, participants discussed the point of incitement to suicide on the Internet and social networks. It was noted that amendments to Article 120 of the Criminal Code of Ukraine, which envisage the extension of corpus delicti, await consideration in the Ukrainian Parliament.

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