On the possibility of using the provisions of the Budapest Convention on cybercrime in the investigation of crimes in the field of online fraud

Abstract

The article explores the potential of applying the provisions of the Budapest Convention on Cybercrime to improve the effectiveness of online fraud investigations in Kazakhstan. The main purpose of the work is to analyze the possibilities of the Convention in combating the growing threat of this type of crime, especially given their cross-border nature. The authors apply a comprehensive methodological approach, including an analysis of documents, a comparative study of legislation and an analysis of the practice of its application in other countries. The study revealed inconsistencies between the national legislation of Kazakhstan and the provisions of the Convention. The main issues relate to the definition of cybercrimes, digital evidence collection procedures, and international cooperation. Based on successful cases of the Convention’s application in other countries, recommendations are proposed for improving legislation and law enforcement practice in Kazakhstan. In particular, the authors emphasize the need to adapt national legislation to the standards of the Convention, create specialized units to combat cybercrime, introduce digital platforms for data analysis and enhance international cooperation. This will increase the effectiveness of countering online fraud and strengthen Kazakhstan’s position in the global fight against cybercrime.