The article is devoted to the pressing issue of international criminal law counteraction to cyber fraud in electronic commerce, which is considered a specific manifestation of high-tech crime in the field of entrepreneurship. The author emphasizes that traditional tools for detecting, qualifying, and investigating fraud do not meet the modern challenges of the digital environment, particularly its transnational nature, the use of malicious software, digital platforms, anonymization tools, and the high level of latency. The need to develop a specialized criminal law approach to such acts is substantiated, taking into account new forms of criminal behavior in the online space. Special attention is paid to the necessity of strengthening international cooperation in combating cybercrime, creating harmonized legal mechanisms and joint databases, as well as establishing effective and rapid information exchange between law enforcement agencies of different countries. In this context, the importance of the Budapest Convention on Cybercrime is highlighted as a universal instrument for harmonizing the criminal laws of participating states and ensuring a coordinated response to digital threats. The paper provides a detailed analysis of the significance of digital forensics and electronic evidence in documenting and proving acts of cyber fraud. It is emphasized that in order to ensure the proper evidentiary value of such materials, it is necessary to comply with international standards of admissibility, reliability, authenticity, and reproducibility. The author draws attention to existing gaps in national legal regulation that hinder the effective use of digital evidence in criminal proceedings. Digital forensics is a branch of forensic science focused on the identification, collection, preservation, analysis, and presentation of digital evidence obtained from electronic devices, computer networks, or digital environments. Its primary purpose is to support the investigation of crimes, particularly cybercrimes. This field encompasses methods and techniques for identifying, extracting, and interpreting data from computers, mobile devices, servers, cloud storage, and other sources, ensuring their legal validity for use in judicial proceedings. All procedures are carried out in compliance with data protection standards and the principles of respect for human rights and privacy. The conclusion is drawn that effective counteraction to fraud in electronic commerce requires the modernization of national approaches, as well as Ukraine’s active participation in international initiatives aimed at combating cybercrime, accompanied by the improvement of criminal procedural mechanisms for handling digital evidence.
О. V. Didenko (Sun,) studied this question.