AGREEMENT

of September 28, 2018

About state cooperation – members of the Commonwealth of Independent States in fight against crimes in the field of information technologies

The State Parties of the Commonwealth of Independent States which further are referred to as with the Parties

for the purpose of ensuring effective fight against crimes in the field of information technologies,

being convinced that coordinated actions of the Parties in fight against crimes in the field of information technologies are the imperative need,

aiming to create the legal basis of cooperation of law enforcement agencies of the Parties in fight against crimes in the field of information technologies,

agreed as follows:

Article 1 Main terms

For the purposes of this agreement the concepts used in it mean:

malicious application – the created or existing program with specially made changes which is obviously leading to unauthorized destruction, blocking, modification or copying of information, violation of work of information (computer) system;

information technologies? set of the methods, production processes and program technical means united in the technological complex providing collection, creation, storage, accumulating, processing, search, conclusion, copying, transfer, distribution and information security;

information system – organizationally the arranged set of the means realizing certain technological actions by means of the information processes intended for the solution of specific functional objectives;

computer system – complex of the equipment rooms and software intended for the automated collection, storage, processing, transfer and receipt of information;

computer information – information which is in memory of computer system, on machine or on other carriers in shape, computer system available to perception, or transferred on communication channels;

unauthorized information access – access to the protected information with violation of the rights or rules established by its owner, the owner and (or) the legislation of the Parties.

Article 2 General provisions

1. The parties according to this agreement, the national legal system and international treaties which participants they are cooperate for the purpose of providing the prevention, identification, suppression, disclosure and investigation of crimes in the field of information technologies.

2. The parties take necessary organizational and legal measures for accomplishment of provisions of this agreement.

3. The parties aim at rapprochement of national legal systems in the field of fight against crimes in the field of information technologies.

Article 3 Penal acts

1. The parties recognize according to the national legal system as penal the following acts in the field of information technologies if they are made intentionally:

a) destruction, blocking, modification or copying of information, violation of work of information (computer) system by unauthorized access to the computer information protected by the law;

b) creation, use or distribution of malicious applications;

c) abuse of regulations of operation of computer system by person having to it access, the entailed destruction, blocking or modification of the computer information protected by the law if this act did essential harm or heavy effects;

d) plunder of property by change of information processed in the computer system which is stored on machine carriers or transferred on data transmission networks, or by introduction in computer system of false information, or integrated to unauthorized access to the computer information protected by the law;

e) distribution with use of the Internet or other channels of electric communication of pornographic materials or objects of pornographic nature with the image of the minor;

e) production for the purpose of sale or sale special program or hardware of receipt of unauthorized access to the protected computer system or network;

g) illegal use of programs for the computer systems and databases which are copyright objects, and is equal authorship assignment if this act caused essential damage;

h) distribution with use of the Internet or other channels of electric communication of the materials recognized in accordance with the established procedure extremist or containing appeals to implementation of terrorist activities or justification of terrorism.

2. Determination of the concepts "essential harm", "heavy effects" and "essential damage" is within the competence of the Parties.

Article 4 Competent authorities

1. The cooperation of the Parties within this agreement is performed between competent authorities directly.

2. The list of competent authorities is determined by each Party and transferred to depositary in case of delivery of the notification on accomplishment of the interstate procedures necessary for the introduction of this agreement to force.

Without delay notify depositary on changes of the list of competent authorities of the Party.

3. Competent authorities of the Parties in case of need can determine in addition order of interaction and the list of persons authorized on its implementation what directly notify each other on.

Article 5 of Form of cooperation

Competent authorities of the Parties within this agreement perform cooperation in the following forms:

a) exchange of information, including:

about the preparing or committed crimes in the field of information technologies and physical persons and legal entities, involved in them;

about forms and methods of the prevention, identification, suppression, disclosure and investigation of crimes in the specified sphere;

about methods of making of crimes in the field of information technologies;

about the national legal system and international treaties of the Parties regulating questions of the prevention, identification, suppression, disclosure and investigation of crimes in the field of information technologies;

b) execution of requests about rendering assistance in receipt of information which can promote the prevention, identification, suppression, disclosure and investigation of the crime committed concerning the citizen of the requesting Party or in the territory of the requesting Party about conducting investigation and search operations;

c) planning and holding the coordinated actions and transactions for the prevention, identification, suppression, disclosure and investigation of crimes in the field of information technologies;

d) rendering assistance in preparation and advanced training of personnel, including by training of specialists, the organization of conferences, seminars and training courses;

e) creation of the information systems and software products providing accomplishment of tasks according to the prevention, identification, suppression, disclosure and investigation of crimes in the field of information technologies;

e) exchange of publications and results of scientific research, and also carrying out joint scientific research on the problems of fight against crimes which are of mutual interest in the field of information technologies;

g) exchange of regulatory legal acts, scientific and technical literature on fight against crimes in the field of information technologies;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info