Description:

The article comprehensively examines the legal and theoretical essence of cybercrimes, their place in the modern criminal law system, and the impact of the rapid development of digital technologies on legal regulation. The dynamic nature of the digital environment has led to the emergence of new forms of cybercrime, more sophisticated methods of committing them, and limitations on the application of traditional legal mechanisms. In this regard, the study analyzes, from a theoretical and practical point of view, the distinctive features of cybercrime compared to classic crimes, their cross-border nature, and their impact on the process of proving guilt. The analysis shows that the existing regulatory and legal mechanisms are not fully effective in the collection, storage, and evaluation of digital evidence in real time, as well as in the investigation of cross-border cybercrimes and the application of international legal assistance mechanisms. Particular difficulties arise in connection with the uncertainty of the legal status of electronic data, the lack of clear regulatory control of the chain of custody, and the discrepancy between technical capabilities and legal requirements, which significantly complicates investigative and judicial practice. The article analyzes contemporary approaches to the legal regulation of cybercrime based on international law, in particular the provisions of the 2001 Council of Europe Convention on Cybercrime (Budapest Convention), its additional protocols, and international judicial practice. It assesses the current state of the national legislation of the Republic of Azerbaijan in this area, determines the level of its compliance with international standards, and scientifically substantiates existing regulatory gaps. The scientific novelty of the study lies in the development of an adaptive legal model aimed at improving the effectiveness of proving and investigating cybercrimes. The proposed model provides for the introduction of flexible procedural rules, the formation of specialized investigative structures with both technical and legal knowledge, the creation of special procedural mechanisms for collecting evidence in real time, and the improvement of international cooperation protocols.