Alseitov Kanat Gyilimkhanovich
Department of Special Training in Countering Global Threats
Institute of Professional Training
unior counselor of justice
The processes of informatization, the rapid development of computer technologies and the general integration of information systems have led to the emergence of a new form of crime – cybercrime, which, in turn, has become a global international problem.
Every year around the world the number of cybercrimes is increasing, while Kazakhstan, as one of the leaders in digitalization among the countries of the Commonwealth of Independent States, also did not stand aside.
In his message of January 31, 2017, the First President of the Republic of Kazakhstan emphasized the relevance of the fight against cybercrime.
Meanwhile, the analysis of legal information over the past 5 years pointed out to us the problems in organizing countering cybercrime in Kazakhstan.
According to the statistical data of the Committee on Legal Statistics and Special Records of the General Prosecutor’s Office of the Republic of Kazakhstan, for the specified period, 3 219 criminal offenses committed using the Internet, deception or abuse of trust of the user of the information system and illegal access to the information system or changes in information transmitted via telecommunications networks (hereinafter referred to as cybercrimes), which accounted for only 0,2% of the total structure of crime.
At first glance, this figure seems insignificant and does not cause concern.
Meanwhile, if from 2015 to 2020 the total crime in Kazakhstan decreased by 37%, or from 387 thousand to 243.5 thousand (i.e., by 143.5 thousand criminal offenses), then the number of cybercrimes increased 17 times – from 101 to 1 708 per year (diagram 1).
Chart 1. Dynamics of crime and cybercrime in Kazakhstan for 2015-2019.
At the same time, the methods of their commission are constantly developing and becoming more professional, as a result of which such crimes pose a threat not only to citizens and legal entities, but also dangerous for the entire state.
At the same time, law enforcement officers who are drowning in the routine of everyday work and who own a computer at the level of an ordinary user do not have the opportunity to improve their professional level of knowledge in the field of new computer technologies.
The above does not allow persons carrying out pre-trial investigation to properly qualify and investigate crimes of this category, and prosecutors effectively exercise supervision over the legality of criminal proceedings.
Speaking in terms of numbers, 71% of cybercrimes (2271 out of 3219) remained unsolved in 5 years, and only 18% (582 out of 3219) were sent to court.
The reason for the low efficiency is the lack of a sufficient number of scientifically grounded and proven tactics and methods, recommendations and explanations for the investigation of cybercrimes, generalized judicial practice on cybercrime.
It is important to note that obtaining and analyzing evidence in cybercrime cases is one of the most basic and difficult to solve in practice tasks, the solution of which requires not only the development of tactics for the production of operational investigative and other measures, but also the availability of special knowledge in the field of computer technology and software provision.
Taking into account the current situation and the growth of cybercrime, the Department of Special Training on Countering Global Threats, with the support of the OSCE Program Office in Nur-Sultan, initiated a training course on countering and investigating cybercrime, consisting of 3 seminars.
Meanwhile, in 2020, Kazakhstan, like other countries, faced the global pandemic of the coronavirus infection COVID-19, in the framework of countering which measures were taken in all educational institutions of the country to strengthen sanitary-epidemiological and preventive measures, including transition to a distance learning format.
At the same time, at the final meeting of the State Commission for Ensuring the State of Emergency, the Head of State emphasized the relevance of the introduction and use of modern distance technologies in the education system.
In this regard, the Law Enforcement Academy decided to conduct the first distance learning course on countering cybercrime in the Republic of Kazakhstan, consisting of three online seminars.
As a result, on August 26 this year. on the basis of the Law Enforcement Academy, through the Zoom platform and compliance with information security requirements, a 3-day online seminar on countering cybercrime has been launched.
When preparing the training course, the aim was to improve the professional level of practitioners of the law enforcement unit.
Therefore, the seminar was attended by investigators and supervising prosecutors from all regions of Kazakhstan, who directly investigate and supervise the legality of criminal cybercrime proceedings.
Since the first online seminar was the introductory stage of the training course, initially the audience was presented with information about cybercrime, its types and characteristics, methods of commission and problems of the criminal law aspect.
International experts spoke at the seminar for the audience: Alexander Sushko, head of the international company for the prevention and investigation of cybercrimes and frauds using high technologies «Group-IB» (Republic of Belarus), Anna Illamaa, computer forensic specialist of the International Association of Computer Investigation Specialists (Republic of Estonia), Otabek Rashidov from the Department for Counteracting Transnational Threats of the OSCE Secretariat in Vienna, and domestic experts Olzhas Satiev from the Center for Analysis and Investigation of Cyber Attacks (TsARKA, Kazakhstan), as well as Associate Professor of the Department of Investigative Activities Askar Kaliev and Senior Lecturer of the Department of Special Training in Countering Global Threats Kanat Alseitov from the Institute of Professional Training of the Law Enforcement Academy.
During his speech, expert Alexander Sushko told the audience about cybercrime in the modern world, its types and problems of the criminal procedure aspect of cybercrime investigation.
Anna Illamaa shared practical cases of investigating cybercrimes in the Republic of Estonia, the peculiarities of examining computer equipment and searching premises.
The experts paid special attention to the study of electronic evidence, their analysis and evaluation.
Also, thanks to the seminar, the listeners mastered the skills of conducting operational-search activities using open sources of the Internet, the possibilities of which were presented by Associate Professor Askar Kaliev.
As a result of the seminar, a survey was conducted for the audience, the results of which showed a high interest of the participants in the issues of combating cybercrime not only in Kazakhstan, but throughout the world.
Also, the seminar listeners expressed proposals for an in-depth study of computer forensics and methods of investigating crimes committed using end-to-end encryption in Whatsapp and Telegram messengers.
Students will study these questions during the next stages of the training course in October and December of this year.
Thus, the holding of this seminar by the Law Enforcement Academy and the OSCE Program Office in Nur-Sultan allowed investigators and prosecutors to gain new knowledge in the field of cybercrime and computer technologies, master the skills of working with electronic evidence in criminal proceedings, master the methods of conducting searches and inspecting premises. and computer technology, as well as research on digital evidence.
Also, thanks to the seminar, the audience learned about the types of digital data, tactics and methods of their search, seizure and collection for further formation of the evidence base in the investigation of cybercrimes.