*Result*: Creation for the purpose of illegal use, distribution or sale of harmful software or technical means, as well as their distribution or sale (Article 361-1 of the Criminal Code of Ukraine): certain aspects and problems of criminal-legal qualifications ; Створення з метою протиправного використання, розповсюдження або збуту шкідливих програмних чи технічних засобів, а також їх розповсюдження або збут (стаття 361-1 КК України): окремі аспекти та проблеми кримінально-правової кваліфікації

*This article analyzes certain aspects and problems of the criminal legal qualification of offences under Article 3611of the Criminal Code of Ukraine, which provides for criminal liability for the creation with the purpose of unlawful use, distribution or sale of malicious software or hardware, as well as their distribution or sale. The author analyzes the existing case law and provides statistics based on 166 court verdicts according to the Unified State Register of Court Decisions. The results of this study revealed that only 4.22% of the total number of verdicts were acquittals, while 95.78% were guilty verdicts (of which 96.2% were plea bargains and 3.8% were denials). This raises doubts as to the quality and completeness of the consideration of this category of cases in court. The article examines the construction of the objective aspect of the criminal offence and offers the author’s own vision of the definition of certain forms of action, namely: whether the placement of malicious software in open or restricted access can be considered as transfer; whether it can be considered as distribution of malicious software if access to it is provided by the user through entering an IP address. Attention is also drawn to the need to define a unified methodology for identifying malware and formalize certain concepts. The absence of a unified approach to the definition of terms such as “malware” and “automated system” complicates law enforcement and causes heterogeneity in judicial practice. Particular attention is paid to the problem of qualification through malware identification tools, in particular, using the VirusTotal resource, which may lead to erroneous conclusions. The author emphasizes the need for a unified and sustainable approach to law enforcement by the courts. The author also focuses on specific measures which will improve the quality of law enforcement of the provision contained in Article 3611 of the Criminal Code of Ukraine and will contribute to the formation of a unified approach in the courts to ...*