REGULATORY AND LEGAL BASES FOR FORMATION AND IMPLEMENTATION OF THE STATE SECURITY POLICY IN THE INFORMATIONAL SPHERE

Abstract

The article emphasizes that the issue of information security of Ukraine is complicated by the lack of an appropriate strategy.

Important strategic documents in the field of information policy and state security also include: “Strategy for the development of the information society in Ukraine” (2013), which defines the priorities of activities in the field of information security; “Cyber security Strategy of Ukraine” (2016). The purpose of this strategy is to create conditions for the safe functioning of cyberspace, its use in the interests of the individual, society and the state. The threats of cybersecurity, the national system of cybersecurity, the main subjects of cybersecurity, priorities and directions of ensuring cyber security of Ukraine and the like are defined.

Legislative and regulatory acts on state security in the information sphere can be divided into four blocks according to the level of generalization and concretization. The 1st block consists of conceptual, doctrinal, strategic acts, which are the basis of information security. The 2nd block consists of the laws of Ukraine, directly or indirectly related to security in the information sphere. The 3rd block consists of subordinate normative acts of the Verkhovna Rada and the Cabinet of Ministers of Ukraine and normative acts of ministries and other executive authorities on security in the information sphere. We have identified the 4th block of regulations; they relate to the occupied Ukrainian territories. It is, first and foremost, the strategy on the information the reintegration of occupied territories of Donetsk and Luhansk areas, the Crimea. We believe that it is necessary to form a separate information policy for the occupied and nearby regions, and for other territory of Ukraine.

The informational component also includes normative-legal acts on ensuring the rights and freedoms of the population of the occupied territories: the Law of Ukraine “On ensuring rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine” (2014), the decision of Parliament “On the Statement of the Verkhovna Rada of Ukraine on guarantees of the rights of the Crimean Tatar people within the Ukrainian State” (2014), the NSDC decision “On urgent measures for the protection of national interests in the South and East of Ukraine, in the Black and Azov seas and the Kerch Strait” (2018).

The article highlights the problems of regulation in the field of information security of Ukraine: the declarative nature of many rules, the lack of legislative authority of the responsible authorities and mechanisms of coordination of activities and the like.