CYBER SECURITY AND THE PROTECTION FROM CYBER CRIME IN SERBIA – STRATEGIC AND LEGAL FRAMEWORK

Abstract

Due to outburst of contemporary informational tehnologies and growing IT dependence of post-modern society, cyber security developed into one of the most important fields of security studies. This interdisciplinary area requires multidimensional approach and strong coordination of all concerned subjects. The adequate strategic and legal framework is sine qua non condition for establishing solid ground in fight against cyber crime and other forms of cyber insecurity. International humanitarian law, with its contractual regimes, principles and regulations is developed as a normative framework for conventional warfare but it lacks precise norms tahta could regulate the legal status of cyber operations. The interpretations of existing international law, es extensive as it can be, still don’t provide undoubtfull answers to all of the basic questions. National normative framework in Serbia consists of numerous laws and regulations, which are primiraly, focused on other fields, but partially regulate the matter of cyber security. Recently adopted Law on informational security is an important step ahead but it will not provide needed results until govermental regulations based on this Law are adopted in order to secure the implementation. The authors present and analyze mentioned laws and regulations, pointing to certain unappropriate solutions and the lack of complete and precise norms. Also, the authors provide insight into strategic documents in this area and underline the fact that Serbia still lacks strategy of cyber security and defense. Finnaly, the authors deal with problem that arise from certain doubtfull legal solutions in the matter of the use of special investigative techniques and methods by security services and the subjects of criminal procedure and suggest legislative changes that could lead to safer cybrspace and bettet results in fight against cyber threats.