Сборник текстов для перевода. Борисова Л.А. - 64 стр.

                                       TEXT 38

       Preamble
       The member States of the Council of Europe and the other States signa-
tory hereto,
       Considering that the aim of the Council of Europe is to achieve a greater
unity between its members;
       Recognizing the value of fostering cooperation with the other States par-
ties to this Convention;
       Convinced of the need to pursue, as a matter of priority, a common crimi-
nal policy aimed at the protection of society against cybercrime, inter alia, by
adopting appropriate legislation and fostering international co-operation;
       Conscious of the profound changes brought about by the digitalization,
convergence and continuing globalization of computer networks;
       Concerned by the risk that computer networks and electronic information
may also be used for committing criminal offences and that evidence relating to
such offences may be stored and transferred by these networks;
       Recognizing the need for co-operation between States and private industry
in combating cybercrime and the need to protect legitimate interests in the use
and development of information technologies;
       Believing that an effective fight against cybercrime requires increased,
rapid and well-functioning international co-operation in criminal matters;
       Convinced that the present Convention is necessary to deter action di-
rected against the confidentiality, integrity and availability of computer systems,
networks and computer data as well as the misuse of such systems, networks and
data by providing for the criminalization of such conduct, as described in this
Convention, and the adoption of powers sufficient for effectively combating
such criminal offences, by facilitating their detection, investigation and prosecu-
tion at both the domestic and international levels and by providing arrangements
for fast and reliable international cooperation;
       Mindful of the need to ensure a proper balance between the interests of
law enforcement and respect for fundamental human rights as enshrined in the
1950 Council of Europe Convention for the Protection of Human Rights and
Fundamental Freedoms, the 1966 United Nations International Covenant on
Civil and Political Rights and other applicable international human rights trea-
ties, which reaffirm the right of everyone to hold opinions without interference,
as well as the right to freedom of expression, including the freedom to seek, re-
ceive, and impart information and ideas of all kinds, regardless of frontiers, and
the rights concerning the respect for privacy;
       Mindful also of the right to the protection of personal data, as conferred,
for example, by the 1981 Council of Europe Convention for the Protection of
Individuals with regard to Automatic Processing of Personal Data;

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