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By Andrey Belousov
PLASTIC CARD AS THE PAYMENT TOOL
AT CLEARING
SETTLEMENTS IN UKRAINE
With development of science
and technics in the field of computer technologies in the second half twentieth
century the new sphere of public attitudes demanding the legal regulation has
appeared. New information technologies have considerably increased efficiency
of existing information systems, irrespective of fields of their functioning
(economy, the law, medicine, etc.). Modern computer networks allow to carry out
an exchange in significant volumes of the information in various spheres of
social activity of the person (bank operations, mail, the international
conferences, etc.).
So, in connection with a computerization in the field of
securities their tendency of
"dematerialization" was outlined. Instead of a share issue their
fixing even more often practices the traditional documentary form, no less than
transactions with them, using a computer. One of legislators in this area was
France, where since 1984 release of securities in the
"dematerialize" form is
legalized. The main difference of new technology consists that mutual relations
occur in "real time" i.e. people which are taking place in different
cities or the different states, as though are in one place, and build the
mutual relations among themselves without taking into account their location.
However, alongside with the
positive sides of computerization, it has generated such negative phenomena, as
computer crimes, i.e. infringements of the law by means of computers and
corresponding technologies. The given circumstance has caused occurrence of new
branch of the legislation, demanding development of concept and kinds of
computer crimes, their classifications and measures of punishment for
fulfillment of these socially dangerous acts. This field of the legislation is
at a stage of the becoming and yet does not give full notion about offences and
measures of punishment for cyber crimes.
The subjects of these crimes are named "hackers",
"technorats", etc. That is, it is persons who by means of
computer technics and corresponding technologies obviously or secretly
penetrate into computer system of other persons or organizations, without their knowledge, purposing mercenary
object or without those.
In my opinion, the
most widespread computer offences are:
ﾷ The non-authorized copying and distribution
of computer maintenance;
ﾷ Breaking protected programs;
ﾷ Distribution of the computer viruses,
promoting failures in job of computer systems by destruction of the
information;
ﾷ A fake of credit cards;
ﾷ Breaking computer systems of banks and
departmental establishments;
ﾷ Breaking telephone exchanges on distance or
damage of cellular telephones and so forth.
The problem will be, that the
given acts are extremely difficult for establish proofs since the offender does
not use traditional means of a crime fulfillment.
The most effective way of
disclosing of a computer offence is to exposure its subject at a stage of
direct fulfillment of an encroachment. However it is, more likely, exception,
than a rule, because the guilty can be on distance of thousand kilometers from
a place of a crime fulfillment.
From above-stated follows,
that one of the problems of criminal
law and criminalistics is creation of optimum system of the criminal - rules of
law, connected to computer crimes, and development of techniques on their
investigation and the prevention.
Kinds of payment
cards
The plastic card is the
personal payment tool giving to the
person using a card an opportunity of non-cash payment of the goods and-or
services, and also receptions of cash in banks branches and cash dispensers. Trading/service
enterprises and banks' branches, accepting a card, form a network of card service (or
a reception network).
Feature of sales
and cash deliveries on cards is that
these operations are carried out by shops and banks "on credit" - the
goods and cash are given clients at once, and the compensation money come on
bills of the serving enterprises as a rule no more several days later. The
guarantor of performance of the payment obligations arising during service of
plastic cards, the bank - emitter who has issued them is. Therefore
cards during all validity remain the property of bank, and clients (holders
of cards) receive them only in using. Character of guarantees of the bank -
emitter depends on the payment powers given to the client and fixed by a class
of a card.
At delivery of a
card to the client its personification is carried out - the data will be
recorded on it, allowing to identify a card and its holder, and also to verify
of solvency of a card at it reception
for payment or cash delivery. Process of sale or cash delivery on a card
is called as authorization. For its carrying out the service-office
interpellates to payment system about acknowledgement of powers of the
bearer of a card and its financial opportunities. The technology of
authorization depends on the circuit of payment system, such as a card and
technical equipment of a service-office. Traditionally authorization is spent
"manually" when the seller or the cashier tells by search to phone to
the operator (voice authorization), or automatically, when the card is located
in the POS-terminal or the trading terminal (POS - Point Of
Sale), the data are read out from a card, the cashier enters the sum of
payment, and the card holder uses the special keyboard and puts down - a
confidential PIN-CODE (PIN - Personal Identification Number). After that
the terminal carries out authorization or connection with a database of payment
system (on-line a mode), or adds changed data
to the card (off-line authorization). The cash delivery procedure has
similar character with only feature, that money in an automatic mode are given
out by the special device - a cash dispenser which spends authorization.
At settlement
realization the card holder has some
limits. Character of limits and conditions of their use can be rather various.
In general all is reduced to two basic ways.
The debit card
holder should bring beforehand on the bank-emitter
account some sum. Its size determines a
limit of accessible resources. At realization of calculations using a card the
limit decreases synchronously . The limit control is carried out together
with authorization which is obligatory at use of a debit card. For renewal (or
increases) a limit the card holder has to bring the money for the bill again.
For maintenance of
payments the a card holder may not preliminary bring financial resources, and
can receive the credit in the bank - emitter. This scheme is realized at
payment by means of a credit card. In this case the limit is connected
to size of the given credit which the card holder can spend. The credit can be
both unitary, and renewed. Renewal of the credit occurs after repayment all sum of debts, or its some part.
Both credit, and
debit cards can be also corporate. Corporate cards are given by the
company to the employees for payment of traveling or other service charges.
Corporate cards of the company are connected to one its bill. Cards may have
the shared and unshared limits. In the first case the individual limit is
established for each of corporate cards holders. The second variant approaches
the small companies and does not assume differentiation of a limit. Corporate
cards allow the company to trace service charges of employees in details.
Family cards
in the certain sense are similar corporate - the payment right is given members
of the card holder family within the
established limit. Thus the separate personalized cards are given additional
users.
Emitters and
equires
The bank -
emitter, issues cards and guarantees performance of the financial obligations
connected to its use. The bank - emitter doesn't provide reception of a card by
enterprises of trade and service sphere. These problems solves the bank -
equire which is carrying out all spectrum of operations on interaction with
cards service-offices, and namely - transaction processing on authorization,
transfer the money to settlement
accounts for the goods and services, reception, sorting and transfer of
documents (paper and electronic), transactions fixing fulfillment with use of
cards, distribution of stops - sheets (lists of cards, operations on
which for whatever reasons for today are suspended), etc. Besides the bank -
equire can deliver cash on cards both in the branches, and through cash
dispensers belonging to him. The bank can combine the functions equire and the
emitter. It is necessary to note, that the basic, integral functions of bank -
equire are settlements and payments to service-offices. As for the listed above
technical attributes of its activity they can be delegated by the bank to the
specialized service organizations - the processing centers.
The performance of equire's functions entails
the settlements to emitters. Each bank - equire transfers the money to
service-office on payments of card holders of the banks-emitters which
are included in the given payment system. Therefore the resources
corresponding (and probably, the
compensation for the given cash) should be transferred to equire by these
emitters. Operative payments between
equire and emitters are provided with the aid of a clearing bank
(one or several) in payment system. The
banks - members of system open correspondent accounts here.
Payment system
Payment system we
shall name set of methods and realizing them subjects providing within the
system the conditions for use of bank plastic cards of the stipulated standard
as payment means. One of the primary goals is to develop and observe of the
general rules of service the cards included in emitters system. These rules
cover technical aspects of operations with cards (standards of the data,
procedures of authorization, the specification on the used equipment), and the
financial sides of service of cards (the payments to enterprises, included in a
reception network, the settlements rules between banks, tariffs, etc.)
Thus, the basis of
payment system is the banks association
based on treaty obligations. The structure of payment system also
includes trading enterprises and the service, forming a network of
service-offices. For successful payment system functioning the specialized not financial organizations
are necessary. They are carrying out
technical support of cards services: the processing and communication centers, the centers of maintenance service,
etc.
The processing
center - the specialized service organization - provides
processing acting searches about authorization and/or reports of
transactions - the fixed data on the payments made by means of cards and
cash deliveries. For this purpose the center create a database which, in
particular, contains the data on banks, which are members of payment system and cards holders. The center stores
data on limits of cards holders and makes searches about authorization.
Otherwise (on-line bank) the processing center sends the received search in the
bank-emitter of cards. It is obvious, that the center provides transfer of the
answer to bank-equire. Besides on the basis of the reports of transactions saved
up for a day processing center prepares and dispatches a total for carrying out
payments between banks - participants of payment system, and also forms and
dispatches stop-sheets to banks-equire. The processing center can also provide requirements of banks-emitters for new
cards, carrying out their order at factories and the subsequent
personification. It is necessary to note, that the ramified payment system can
have some processing centers which role
at a regional level banks-equire can
carry out too.
The communication
centers provide access to data networks for subjects of
payment system. Use of special high-efficiency lines of the communications is
caused by necessity of transfer of great volumes of the data between
geographically allocated participants of payment system during authorization of
cards in trading terminals, at cards
service in cash dispensers, at carrying out payments between participants of
system and in other cases. [3]
Technical Means
Kinds of plastic
cards
The plastic card
represents a plate of the standard sizes (85.6 mm of 53.9 mm of 0.76 mm), made
of special, steady against mechanical and thermal influences, plastic. From the
consideration lead by the previous sections follows, that one of the basic
functions of a plastic card is maintenance of identification of the using
it person as subject of payment system.
For this purpose on a plastic card trade marks of the bank - emitter and the
payment system serving a card, a name of the holder of a card, its bill number,
validity of a card and so forth are rendered. Besides there can be a photo of
the holder and his signature on a card. The alphanumeric data (a name, number of the bill, etc.) - can be
marked by a relief font. It enables at manual processing of cards transfer
quickly the data for the check with the
help of the special device, imprinter, carrying out "rolling"
of a card (in accuracy the same as it turns out the second copy at use of a
copy paper).
The graphic data
provide an opportunity of visual identification of a card. Cards which
service is based on such principle, can be used with success in small local
systems - as club, store cards, etc. However for use in bank payment system of
visual "processing" it appears obviously insufficiently. It is represented
expedient to store the data on a card as, providing carrying out of procedure
of automatic authorization. This problem can be solved with use of various
physical mechanisms.
In cards with a
bar code as an identifying element the code similar to a code,
used for marks of the goods is used. Usually code strip is covered with opaque
structure and reading of a code occurs in infra-red beams. Cards with a bar
code are rather cheap and, in comparison with other types of maps, rather
simple in manufacturing. Last feature causes their weak security from a fake
makes them of little use in payment systems.
Cards with a
magnetic strip are the most widespread for today - in circulation is
over two billions cards of similar type. The magnetic strip settles down on the
back side of a card and, according to standard ISO 7811, will consist of three
tracks. First two of them are intended for storage of the identification data,
and on a third it is possible to write down the information (for example, the
current value of a limit of a debit card). However because of low reliability
of repeated process of recording / reading, recording on a magnetic strip, as a
rule, does not practice, and such cards are used only in a mode of reading of
the information. Security of cards with a magnetic strip is essentially higher,
than at cards with a bar code. However and such type of cards is rather
vulnerable for swindle. So, in the USA in 1992 the total damage from frauds
with credit cards with a magnetic strip (without taking into account losses
with cash dispensers) has exceeded one billion dollars. Nevertheless, the
advanced infrastructure of existing payment systems and, first of all, global
leaders of "card" business - companies MasterCard/Europay is the reason of a complex use of cards with a magnetic
strip. We shall note, that for increase of security of cards of system VISA and
MasterCard/Europay additional graphic means of protection are used: holograms
and non-standard fonts for imprint.
On a face sheet of
a card with a magnetic strip it is usually underlined: a trade mark of the bank
- emitter, a trade mark of payment system, number of a card (the first 6
figures - a code of bank, the following 9 - bank number of a card, last figure
- control, last four figures are put on the hologram), validity of a card, a
name of the holder of a card; on the back - a magnetic strip, a place for the
signature.
In smarts - cards a data
carrier is the microcircuit. At elementary of existing smarts-cards -
memory-cards - the memory size can reach from 32 bytes up to 16 kilobyte.
This memory can be realized as well as
ÅÐRÎÌ which supposes unitary recording and repeated reading, or as EEPROM,
admitting both repeated reading, and repeated recording. Cards of memory are
subdivided into two types: with unprotected (full-accessible) and the protected
memory. In cards of the first type there are no restrictions on reading and
data recording. Availability of all memory makes them convenient for modeling
any structures of the data that is obviously important in some applications.
Cards with the protected memory have area of the identification data and one or
several applied areas. The identification area of cards supposes only unitary
recording at personification, and further is accessible only on reading. Access
to applied areas is regulated and carried out on presentation of a
corresponding key. The level of cards protection of memory is higher, than at
magnetic cards, and they can be used in applied systems in which the financial
risks connected to swindle, are rather insignificant. As for cost of cards of
memory they are more expensive, than magnetic maps. However recently the prices
for them have considerably decreased in connection with improvement of
technology and growth of volumes of manufacture. Cost of a card of memory
directly depends on cost of the microcircuit determined, in turn, in capacity
of memory.
Special case of
memory cards are maps - counters in which the value stored in memory,
can change only on the fixed size. Similar cards are used in the specialized
applications with an advance payment (a payment for use of the phone -
automatic device, payment of parking place, etc.)
Cards with the
microprocessor represent as a matter of fact microcomputers and
contain all corresponding basic hardware components: the central processor, the
RAM, a ROM, EEPROM, EPROM. Parameters of the most powerful modern
microprocessor cards are comparable to characteristics of personal computers of
the beginning of the eightieth. The operational system stored in a ROM of a
microprocessor card, essentially differs nothing from operational system of the
PC and gives the big set of service operations and means of safety. The
operational system supports the file system basing in EEPROM (which capacity
usually is in a range 1 - 8 Kb, but can reach and 64 Kb) and providing
regulation of a data access. Thus the part of the data can be accessible only
to internal programs of a card, that together with the built - in cryptographic
means makes a microprocessor card well-safed by the tool which can be used in
the financial applications showing increased requirements to protection of the
information. For this reason microprocessor cards (and smarts - cards in
general) are considered now as the most perspective kind of plastic cards.
Besides smarts - cards are the most perspective type of plastic cards as well
from the point of view of functionalities. Computing opportunities of smarts -
cards allow to use, for example, the same card
in operations with on-line authorization and as a multicurrency
electronic purse. Their wide use in systems VISA and Europay/MasterCard will
begin already in the nearest year or two, and within a decade the smart-cards should supersede completely
cards with a magnetic strip (at least, plans are those...) .
Except for the
types of the plastic cards used in financial applications described above,
there are some more the cards based on other mechanisms of a data storage. Such
cards (optical, induction and so forth) are used in medical systems, systems of
safety, etc.
POS - terminals
POS-terminals, or
trading terminals, are intended for processing transactions at financial
calculations with use of plastic cards with a magnetic strip and smarts-cards.
Use of POS-terminals allows to automate operations on service of a card and it
is essential to reduce a holding time. Opportunities and a complete set of
POS-terminals vary over a wide range, however the typical modern terminal is
supplied with devices of reading as smarts-cards, and cards with a magnetic strip,
non-volatile memory, ports for connection of the PIN-KEYBOARD (the
keyboard for a set of the PIN-CODE), the printer, connection with the PC or
with an electronic cash register.
Besides usually
the POS-terminal happens is equipped with the modem with an opportunity of a
call-back. The POS-terminal possesses "intellectual" opportunities -
it can be programmed. As programming languages the assembler, and also dialects
C and Basic’a are used. All this allows to spend not only on-line authorization
of cards with a magnetic strip and smarts-maps, but also to use at work with
smarts-cards a mode off-line with accumulation of reports of transactions. The
last during sessions of communication are passed to processing center. During a
session of connection the POS-terminal can accept and remember the information transmitted by the COMPUTER
of the processing center. Basically it there are stops-sheets, but by similar
image can be carried out and reprogramming of POS-terminals.
Cost of
POS-terminals depending on a complete set, opportunities, the firm-manufacturer
and can vary from several hundreds up to several thousand dollars, however
usually does not exceed one and a half - two thousand. The sizes and weight of
the POS-terminal are comparable to similar parameters of a telephone set, and
frequently are and less.
Cash dispensers
Cash dispensers -
bank automatic devices for cash-delivery operations with plastic cards. Besides
the cash dispenser allows the holder of a card to receive the information on
the current status of the bill (including an extract on a paper), and also,
basically, to spend operations on transfer of means from one bill on another.
Obviously, the cash dispenser is supplied with the device for reading a card,
and with the display and the keyboard for
interaction with the card-holder. The cash dispenser is equipped with
the personal COMPUTER which provides management of a cash dispenser and the
control of its status. The last is rather important, as the cash dispenser is
storehouse of cash. For today the majority of models is designed for job in
on-line a mode with cards with a magnetic strip, also the devices, capable to
work with smarts - cards and in off-line a mode however have appeared. For
maintenance of communication functions cash dispensers are equipped with
plateau X.25, and, in some cases, - modems.
Monetary
denominations in a cash dispenser are placed in cartridges which are in the
special safe. The number of cartridges defines amount of face values of the
denominations which are given out by a cash dispenser. The sizes of cartridges
are adjusted, that enables to charge a cash dispenser practically any
denominations.
Cash dispensers -
stationary devices of solid dimensions and weights. The provisional sizes:
height - 1.5 - 1.8 m, width and depth - about 1 m, weight - about ton.
Moreover, with the purpose of prevention of possible plunders, they are mounted
capitally. Cash dispensers can be placed as well as in rooms, as directly in
the street, and can work round the
clock.
The processing
center and communications
Processing center
is the specialized computer center being a technological center of payment
system. The processing center functions
in severe conditions, guaranteed processing an intensive stream of
transactions in real time . Really, use of a debit card results in necessity
on-line authorizations of each transaction in any service-office of payment
system. With a credit card authorization is necessary for operations not in all
cases, but, for example, at reception of money in cash dispensers it also is
spent always. Requirements to computing opportunities of processing center are
showed also with preparation of the data for carrying out settlements on
results of day as to processing reports significant (if not overwhelming) are
subject to a part of transactions. The performance required terms of
calculations are some hours.
Except computing
capacities, the processing center if it carries out all spectrum of service
functions, should be equipped also for personification of plastic cards
(probably smarts – cards) and also to
have base for technical support and repair of POS-terminals and cash
dispensers.
So, maintenance of
reliable, steady functioning of payment system demands, first, presence of
essential computing capacities in the processing center and, second, the
advanced communication infrastructure,
because the processing center of system should have an opportunity
simultaneously to serve a lot of geographically removed points. Besides,
routing of searches is inevitable, that toughens requirements to communications
even more. In summary we shall specify one more source of messages - electronic
documents which banks-participants with a clearing bank exchange, and, with
each other at regular carrying out the payments. It is obvious, that for the
effective decision of the stated problems use of high-efficiency data networks
with packet switching is necessary. From the structural point of view the data
network becomes an internal integral element of payment system.
Credit cards and
Internet
Transactions on
credit cards reach 90 % from total
amount of the transactions made in Internet now. Use of credit cards for
transactions through Internet is facilitated by that circumstance, that cards
holders have already got used to "cardless" transactions by phone or by mail.
Certainly,
electronic commerce potentially contains openings for thefts and abusing, as
other, more traditional kinds of trade. It is necessary to note, that use of
credit cards in cyberspace is much more safe, than in the ordinary world. For
example, carbon papers of card using can be easily stolen from a garbage box at
restaurant or shop. In any case the data on numbers of credit cards of the
buyers who have made purchase some time are kept in shop, that enables
unscrupulous employees to use them in the roguish purposes. Listening of a
telephone line for reception of numbers of credit cards also is represented
much more by an easy problem, than interception and decoding of transaction in
Internet. [2]
The process of
becoming of Ukraine as independent
state and its integration into global economic system have caused growth
of interest of the state and nongovernmental bodies of many countries in an
establishment the business ties with
Ukraine, directed on realization of economy and science interests. However, the
society information, occurring now in Ukraine, is based on the modern computer technologies, along with
significant economic, technological and social positive results, is capable to
put a serious loss of information and economic safety of the state. It is
caused by the whole complex of objective circumstances which have generated the
new phenomenon connected to concept of " computer economic criminality
", most all struck the bank sphere.
Today computer
economic crimes make a body of all computer crimes all over the world. In
accordance with the USA National Center data, the criminal offences
accomplished with a mercenary orientation, make 60-70 % of the investigated
crimes number; on political grounds (terrorism, espionage, etc.) - 15-20 %;
only for the interest - 5-7 %; as hooliganism - 8-10 %. The damnification
coused by such crimes reaches the enormous sizes. Only in the USA for 1997
illegal actions of computer swindlers damnificated 4 billion dollars damage to
telephone and telecommunication companies. Annual losses in the countries of
the Western Europe and Northern America make about 100 billion dollars one
year. It is enough to say, that the largest plunders of money resources have
been accomplished with the help of means of computer facilities. One of such
crimes is 1 billion dollars plunder from the bank of Great Britain.
Today it is already
impossible to imagine modern bank operations, commercial transactions and other
payments without using the plastic
cards. " Plastic money " (as in mass media these payment means often
name) due to reliability, universality and convenience, have won the deserved
recognition all over the world, have received a wide circulation. So, now, the Visa cards holders' number
makes more than 300 million person. Also, about 300 million clients are totaled
by other largest payment system presented as MasterCard and EuroCard alliance (ÅÑ/ÌÑ). Besides there are a lot of international payment systems, such as
American Express (AmEx), Diners Club (DC), JCB, and numerous national, regional
and local (inter-and monobank) one-currency systems.
In sphere of financial services in Ukraine during
the last years, as well as all over the world, the new kind of payment means -
"E-cash" also is used on the plastic cards base (magnetic and chips -
maps). In the Ukrainian banks the modern computer bank technologies are
introduced, including the computer system of interbank clearing settlements,
that is realized since 1993. For this
computer system further development it is necessary to provide a high
level automation of all bank
operations.
Economic computer
crimes are characterized by the following features: the high ëàòåíòíîñòüþ, the complexity of proves gathering on
established facts, the complexity of the proof in court, the
"internationality" of the computer crimes made on telecommunication
systems (basically on a network "Internet"), high damage even from an
individual crime. It is necessary to note, that the persons making offences in
sphere of the computer information, are, as a rule, highly skilled system
programmers, experts in the field of telecommunication systems, bank employees.
The Ukrainian
scientists predict the nearest two - three years sharp growth of number of
computer crimes in Ukraine. The analysis of social preconditions,
characteristic for Ukraine, allows to confirm this forecast. Thus it is
necessary to take into account a high professional standard of the Ukrainian
programmers, and also that the majority of them in a course of transformations
of the Ukrainian economy have left the state enterprises, and have
"gone" into commerce, including such structures which are engaged in
"shadow" economy. Motives for offences fulfillment in the sphere of
the computer information are completely different, starting from innocent
entertainments and finishing by the penetration into bank computer databases,
having aim to steal computer programs and mercenary monetary interests.
One of the major kinds of the information in
bank are electronic money, therefore in a basis of protection of the bank
information the financial-legal protection of electronic monetary circulation
lays. The bank information infringes on
bank clients interests (the people and practically all organizations and
the enterprises). The information on monetary circulation is the information
with the limited access and the bank bears the responsibility for maintenance
of a required level of its protection.
In 1994 the
Interpol registers 368 cases of computer crimes in bank sphere in Europe, and
in 2001 the crimes in the given area has increased in 3,5 times. However the
criminal statistics testifies that property of publicity becomes only 5 % of
the perfect computer crimes, and only 20 % from this quantity reach the court.
The plausible reason is the following:
the private companies and banks rather reluctantly go for discussion of
threat of computer safety even when the crime has already come to pass. They
are afraid, that the similar information can create impression about
vulnerability of safety of banks, that in turn will undermine trust of clients
and consequently, will strike on business.
Certainly, national
safety of Ukraine depends on computer networks. Íundreds cases of fulfillment
of such illegal actions are already
known in Ukraine. The computer crimes connected to Fund of the State Municipal
Property of Ukraine and a lot of commercial banks, clearing settlements using
computer system, - to that acknowledgement. The situation is aggravated with
occurrence of Ukraine in the international system of clearing settlements on
the basis of debit and credit plastic
cards (the international cards such as Visa, strenuously promoted in mass-media
of Ukraine), that in conditions of full low vacuum will allow physical and
juridical person to take out money abroad without any control. For the third
day of commissioning of system of clearing settlements in the town of Slavutich
on the basis of the plastic cards given to employees of Production Association
" the Chernobyl atomic power station ", the attempt of fulfillment of
a computer crime by the malefactor has been stopped. On NBU (National Bank
Ukraine) data (the national leader in the field of security of the information
which has 10 levels of protection) tens attempts of the non-authorized access
to electronic system of the interbank calculations uniting for today of 176
banks of Ukraine are daily fixed. 161 banks have the right to make operations
with currency values. In total for January, 1, 1999 in the Republican book of
registration of banks, currency stock exchanges and other financial and
economic establishments 214 commercial banks
have been registered.
The problem of
protection of the information gets a special urgency for law-enforcement
bodies. However accepted on May, 14, 1998 “ the Concept of development system
of information supply for
law-enforcement bodies of Ukraine on 1998-2000”, considers questions of information
protection at an organizational level only. At the same time, technical base of
information networks in Ukraine are means of computer facilities of foreign
manufacture. It is threaten with that, at presence of malicious intention,
manufacturers and foreign suppliers of computers have an opportunity to build
in computers the electronic "bookmarks" allowing to scan (contactless information setting) and decode the data on significant distance.
It is necessary to note, that recently a lot of not state structures is engaged
in import of technical information
seting devices. Uncontrolled sale of these devices not only creates conditions
for infringement of human rights, but also promotes a hardware of the organized
criminal groupings. [4]
Thus, computer
economic criminality and as its version, swindle in bank sphere on the basis of
use of plastic payment means is, first of all, a new criminal phenomenon in social and economic sphere.
The analysis for last 5 years worldwide including in Ukraine, testifies to
constant increase of a professional level of their executors and growing
complexity of revealing, qualification and investigation of the given kind of
crimes. It demands creation of complex system of safety of the electronic
payments, scientifically proved programs of legal and technological preparation
of all subjects - participants of payment systems, and also employees of
law-enforcement bodies.
The problem of
struggle against swindle in bank sphere was developed both in the domestic
literature, and in works of foreign authors. As the official point of view
until recently was based that in Ukraine there are no objective conditions and
preconditions for appearance and prompt growth "white-collar"
criminality, the serious basic researches of this phenomenon were absent.
1. A general history
of the state and the law. K.Batyr. - M. 1995. p. 393.