Issue: № 1, 2026
Doi: https://doi.org/10.37634/efp.2026.1.12
Introduction. In current conditions characterized by the rapid digitalization of society and the development of information and communication technologies, new challenges arising before the legal system are analyzed, in particular regarding the mechanisms of legal liability for offenses committed in the Internet space. The relevance of this topic is determined by the growing complexity of traditional models of legal regulation, which often do not correspond to the dynamic and decentralized nature of the digital environment, providing new opportunities for criminal activity. The purpose of the paper is to form a comprehensive scientific understanding of the legal mechanisms of legal liability in cyberspace based on the analysis of foreign doctrines. Results. In the study, the views of such authors as E. Katsch, D. Post, S. Brenner, A. Stein and S. Haven were studied, who express unique considerations regarding legal liability for offenses committed in the Internet space. It was found that the Internet, limited only by conditional borders, allows offenders to avoid jurisdictional norms, making their identification difficult. The constant growth of the number of automated actions on the Internet confirms the need to adapt legal norms to the conditions of the new digital environment. The specifics of offenses in cyberspace, which often occur without physical contact between subjects, are studied. It is noted that such offenses are mostly automated, which significantly increases the level of threat to society and requires new regulatory approaches. The need to integrate national legislation with international standards is also analyzed, in particular in the context of the Budapest Convention, which promotes the establishment of common norms and mechanisms of liability for cybercrimes. Conclusions. The studied positions of foreign authors reveal significant differences with domestic research, which emphasizes the need for a further integrative approach to legal mechanisms of liability. The importance of pluralism of foreign concepts and their adaptation to the domestic context is emphasized.
Keywords : legal responsibility, cyberspace, Internet, offenses, foreign doctrine, digital environment, digitalization, international cooperation, information technology, digital rights
References:
1. Katsh M.E. Law in a Digital World. Oxford, 1995. pp. 81-94. URL: https://surl.li/ektqmr
2. Convention for the Protection of Human Rights and Fundamental Freedoms (with protocols) (European Convention on Human Rights): International Convention of Nov. 4, 1950: as of Aug. 1, 2021. URL: https://zakon.rada.gov.ua/laws/show/995_004#Text [in Ukrainian].
3. Post D.G. Anarchy, State, and the Internet: An Essay on Law-Making in Cyberspace. Journal of Online Law. 1995. URL: https://heinonline.org/HOL/LandingPage?handle=hein.journals/iljuta29&div=81&id=&page
4. Brenner S.V. Toward a Criminal Law for Cyberspace: A New Model of Law Enforcement? Rutgers Computer & Technology Law Journal. 2004. Vol. 30. Iss. 1. pp. 342–357. URL: https://surl.lu/umanzy
5. Heaven C.P. A Proposal for Removing Road Blocks from the Information Superhighway By Using an Integrated International Approach to Internet Jurisdiction. Minnesota Journal of Global Trade. 2001. Vol. 10. pp. 373–384. URL: https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1120&context=mjil
6. Stein A.R. Symposium: Personal Jurisdiction and the Internet: Seeing Due Process Through the Lens of Regulatory Precision. Northwestern University Law Review. 2004. Vol. 98. pp. 411–454. URL: http://dx.doi.org/10.21511/bbs.16(1).2021.07