scholarly journals Factors-Threats to Information Security in the Extreme Transformations of the Russian State in the 20th Century

Lex Russica ◽  
2019 ◽  
pp. 163-175
Author(s):  
A. V. Pogodin ◽  
A. V. Putintsev

The authors of the paper make an attempt of a complex theoretical and historical analysis of factorsthreats to the national security of Russia in the information space. Within the framework of the problem statement, the urgency of the study of national security issues within the framework of the general theory of state and law is substantiated, the features forming the concept of a factor-threat to national security are developed. The attention is focused on the role of passionate personalities in the processes of destabilization of society. It is hypothesized that a two-tier structure of the information space as an object of information security, including deep (ideology) and surface levels, the modeled relationships between processes occurring at these levels. Analyzing the periods of extreme transformations of the Russian statehood (revolutions of 1917 and perestroika), the authors find the connection between the efficiency of political processes regulation and the presence of changes in the information space. It is suggested that there is a stable connection between legal regulation, scientific and technological progress and the state of protection of national interests. The emergence or increase in the availability of new technical means of disseminating information to the population inevitably leads to a lag in the regulation of relevant public relations, which, combined with certain political and social factors, jeopardizes national security. The forecast of development of a situation in the short-term prospect is given taking into account the development of the Internet. As a conclusion, the authors propose to focus on the development of a new model of information security regulation, based on the awareness of the loss of the effectiveness of traditional means and methods of legal regulation, which the state had previously. Having lost the monopoly on control over the surface level of information space, the state can and should ensure stability at the level of ideology.

2021 ◽  
Vol 13 (3) ◽  
pp. 50-56
Author(s):  
Мaria Baran ◽  

. Information security as a subject of administrative and legal regulation is considered. The basic method of the research is a comprehensive system approach, on the basis of which a general and structural study of information security issues faced by the individual, society and the state is conducted. A comprehensive systematic approach is used by the basic method of the research, on the basis of which a general and structural study of information security issues faced by the individual, society and the state. The multifaceted nature of information and security determines the complexity, importance and relevance of the research on the problem from the point of view of the science of administrative and information law. The interrelation of national and information security, sources of threats to information security and ways of counteraction are revealed. It is established that as a subject of activity aimed at ensuring information security, it is necessary to consider a set of social relations regulated by legal support, the administrative and legal regulation of which depends on possible external influences. The subject area of administrative and legal regulation of information security has the following features: the inseparability of information relations or their conditionality; interconnectedness and interdependence of information relations with objects of national interests in the information sphere; the relationship of administrative and legal regulation of information security, taking into account the emergence, detection and prevention of threats to national interests in the information sphere in order to develop and apply mechanisms to effectively combat threats. Information security activities are expressed in administrative and legal regulation, the subject orientation of which is determined by a set of public relations in the information sphere, aimed at strengthening equal strategic partnership in the field of information security with NATO and the EU, protection of Ukraine’s sovereignty in the information space.


2021 ◽  
Vol 80 (1) ◽  
pp. 21-27
Author(s):  
Ю. О. Загуменна

A comprehensive theoretical and legal study of the transformation of ideas about the nature of national security reform in domestic jurisprudence has been carried out. The author has defined the priorities and directions of the reform in the field of national security and, more importantly, its theoretical and methodological basis. It has been determined that the main object of the reform in the field of national security is the whole complex of public relations, which is subject to special protection by the system of entities of ensuring national security. The system of such social relations is centered around the defining national interests, which usually include the vital interests of a man, society and the state and the implementation of which ensures the state sovereignty, its progressive development, and safe living conditions and welfare of citizens. It has been noted that the main purpose of national security reform is to improve legislation and governance in the national security sector, which can provide qualitative strengthening in accordance with current and future needs of society to protect key national interests from external and internal real and potential threats. It has been concluded that national security is not considered in modern, both domestic and international science, exclusively as an “acquisition” and a sphere of monopoly responsibility of the state; we cannot eliminate the active participation of civil society structures, which should exercise public control over the course of such a reform and, if necessary, should have the tools of close communication with state authorities at the stage of initiating the reform, constructing its goals and objectives, directions and perspectives and at the stages of its implementation. Restriction of the capacity of the state, especially in times of economic crisis, highlights the need to optimize the participation of non-government actors in ensuring national security. Obviously, such activity of the non-governmental sector should be strongly encouraged by legislative instruments, legitimizing measures for national security reform through its close involvement and providing them with additional public support.


Author(s):  
К. В. К. В. Захаренко

In our state there are a number of complex problems in the field of information security that require urgent and radical solution. That’s why theoretical, methodological and political research of the problem of information security in Ukraine, which is experiencing a crisis phase of its development, is becoming especially relevant today. In order to develop an effective system of national information security, a detailed study of the experience of the leading countries of the world, which carry out effective information protection of their states and citizens, is necessary. Today there are national information security systems that have really proven their effectiveness and structural and functional perfection. Indeed, the successful development of a democratic state and civil society is possible only if the information resources are properly used and the state policy is implemented, which would ensure a high level of national information security. In the modern world, the basic principles and tools for the formation of effective information protection of the national security space have been developed already. At the same time, Ukraine needs to apply adequately the foreign experience of the most successful countries in this regard, correctly transforming it taking into account national specificity and the unique role of Ukraine in modern geopolitics. As an important indicator of the protection of citizens, society and state, information security is an integral part of national security. Therefore, its determination mainly focuses on preventing harmful effects that may result in various information threats, as well as eliminating and overcoming those effects with the least possible harm to society and humans. In this aspect, the study of not only the philosophical and phenomenological and socio-psychological determinants of information security of citizens, but also political and legal resources and mechanisms of protection of the information space of the state in the conditions of the functioning of the global information society acquires a special significance. А content analysis of the notion «information security» as a form of national security aimed at ensuring human rights and freedoms in relation to free information access, creation and implementation of secure information technologies and protection of the property rights of all participants of information activities, includes consideration of possible diversions in this area, especially at the international level. Today there is a situation of incompleteness of formation and fragmentary filling of the information space content of the country and the legislative base in our society. The efficiency of the information weapon itself has increased too quickly due to the rapid information circulation and the spread of information networks. As a result, mass media forms the «mass» person of our time, in turn this fact displaces traditional direct contacts, by dissociating people and replacing them by computers and television. At the same time it gives rise to apathy, uncritical attitude and indifference, it complicates the adequate orientation, causing the social disorientation. Informative safety has the human measuring. Therefore an important role in opposition to destructive external and internal informative influences is played by education of citizens. Her proper level called to provide the state and civil society. An in fact uneducated population easily is under destructive influence of informative threats of the modern global world. Unfortunately, Ukraine, does not have sufficient resources and technologies for adequate opposition to the external threats. Taking into account it strategy of forming of the national system of informative safety of our state can be only the maximal leveling of destructive influences from the side of external informative threats. To the end it is necessary to carry out democratic reforms Ukraine, generate civil society, to provide functioning of the legal state and increase of political and civil culture of population. At the same time it is necessary to bear reformers in a mind, that global nature of informative society predetermines rapid transformation of external threats in internal, converting them into permanent calls which are opened out within the limits of national in a civilized manner-informative and socio-political space. Besides modern global informative systems, mass medias, network facilities do a limit between external and internal threats almost unnoticeable.


Author(s):  
O.A. Kolotkina ◽  

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.


2021 ◽  
Vol 5 (S3) ◽  
pp. 513-524
Author(s):  
Olha O. Zolotar ◽  
Mykola M. Zaitsev ◽  
Vitalii V. Topolnitskyi ◽  
Kostiantyn I. Bieliakov ◽  
Ihor M. Koropatnik

Relevance of the article - security has always been one of the priority issues of state policy, and considering the fact that the defense forces are an inseparable part of state security, the study of their information security is essential. The feasibility of this study is confirmed by the fact that in the current conditions of development of the information society, the information technology of the Ukrainian defence forces must adapt to the current challenges and threats, to ensure proper protection of information of strategic importance to the state and collected, consolidated and stored by the defence forces. The purpose of this article is to identify problems of information security of defence forces in Ukraine, to find ways of their elimination. Formal logical, systemic structural, comparative and legal methods were used to conduct the research. It is stated that by dividing the information space and cyber space, the legislator has laid down legal regulation of protection of the information space of the state. It is understood that the Lithuanian and Latvian forces for combating threats to the information space were consolidated within the structure of the Ministry of Defence.


2020 ◽  
Vol 16 (4-1) ◽  
pp. 54-63
Author(s):  
Татьяна Полякова

The article is devoted to the analysis of amendments to the Constitution of the Russian Federation relating to the protection of national security, including in the field of information. Purpose: to analyze the role and impact of the amendments to the Constitution of the Russian Federation in 2020. These amendments are related to the State regulation at the federal level of information security and the tasks of ensuring the support and preservation of scientific and technological potential and the development of Russia. Methods: the work is based on the methods of dialectics and system analysis of the information and legal sphere, which allow to comprehensively, logically and consistently study the processes of implementation of constitutional and legal norms and the prospects for their development in the legal regulation of information security in order to identify existing patterns and development trends, as well as priority tasks. Results: the study leads to the well-founded conclusion that referring in the Basic Law to the federal authorities the security of the person, society and the State in the use of information technologies and digital data circulation is a constitutional and legal innovation that is fundamental to the development of legal and scientific research in the field of information security as an important component of the national security of the State, as well as for the development of the system of legal regulation in this areas in information law.


Moldoscopie ◽  
2021 ◽  
Author(s):  
Ludmila Oleinic ◽  

The establishment of a democratic state, an open society in which the citizen is the subject of social-political processes and feels safe, represent in essence a complex process. The main role in achieving these objectives largely depends by the state, by the public power, which is essentially obliged to create the right conditions and mechanisms for the involvement of all progressive forces in the construction of the new edifice. In this vein, the factor of awareness of the state’s correlation with national security is very important in order to make proposed objectives work. As a result, in order to increase the effectiveness the state focuses on reporting and accommodating to modern European standards and principles on the activity, organization and functioning of political processes and institutions in society as a whole in correlation with assuring national security issues.


2020 ◽  
Vol 7 (12) ◽  
pp. 135-146
Author(s):  
Ф. І. Терханов

The article substantiates a comprehensive study of theoretical and practical problems of ensuring the national interests and territorial integrity of Ukraine in the context of crisis management, modern transformational changes in the field of public administration. The theoretical and methodological foundations of the study of the complex of national interests are analyzed, the concept and essence of public government activities in the field of national interests and the preservation of territorial integrity are determined. The concept, essence and elements of ensuring national interests in public administration are defined.Based on the analysis of studies of domestic and foreign scientists, it is proposed that research approaches to the formation of a complex of national interests be divided into the following areas: the first direction involves a combination of international and national parts of the qualification of problems in the field of national interests, based on regulation by international legal acts, which are set forth in the form decisions and resolutions of international organizations, and on this basis a generalization of the concept of "national interests sys ”, based on constitutional norms, regulations on the functioning of managerial structures, provisions of relevant legislative acts, specifics of geopolitical status, membership in international and intergovernmental organizations. The second direction is based on establishing the institutional characteristics of formalizing national interests and provides for a combination of political, socio-economic and security components, and is now complemented by factors of military-political and military-economic cooperation. The third area is based on a modern understanding of the concept of "security and territorial integrity of the state." In the framework of this direction, the mutual influence of national security factors, the identification of threats to state sovereignty and territorial integrity are investigated, and the country's geopolitical status is determined. The fourth direction is based on a comprehensive study of the features of ensuring national interests in open or latent armed conflicts.The content of legal norms as an element of the mechanism for ensuring national interests and territorial integrity in the field of public administration is analyzed. The features of the functional components of ensuring national interests in the context of transformational changes in public administration are considered. The methodological foundations of the assertion of territorial integrity as a component of national interests are investigated. The essence of the normative legal certainty of the concept of territorial integrity is determined, as well as the institutional features of ensuring territorial integrity. The process of establishing a national security system and ensuring the territorial integrity of Ukraine as a component of the formation of a modern state in the format of crisis management is analyzed. The importance of the constitutional definition of the geopolitical course from the standpoint of ensuring national interests is proved. Particular attention is paid to the study of the legal formalization of an object, subject, their functions in the mechanism of organizational and legal regulation of the state from the standpoint of ensuring territorial integrity and national interests.


2021 ◽  
Vol 77 (4) ◽  
pp. 116-126
Author(s):  
Mykola Veselov ◽  
◽  
Tetyana Rekunenko ◽  
Daria Volkova ◽  
◽  
...  

Due to the process of informatization, systemic changes are taking place, according to which all spheres of activity of state institutions, all segments of society, and each individual are included in the global information space. This determines the need to ensure the reliability and security of information relations, which is achieved in particular through the mechanism of effective and strategic legal regulation. Information security in the conceptual and key legal documents of many states is seen as an important component of national security. New challenges to security and human rights in the field of information relations generate pressing issues that need further scientific study and solution. The article contains a compilation of views available in modern science on the understanding of basic concepts: "information", "information relations", "information security", as well as basic approaches to formulating the definition of information security. Due to the combination of general scientific and special methods of cognition, in particular dialectical, formal-legal, comparative analysis and synthesis, the publication substantiates the importance and specificity of the "security" approach in regulating information relations to achieve information security in the country. This approach is that, providing a legal assessment and, including certain public relations related to the circulation of information in the regulatory sphere, the legislator and other subjects of rule-making together with relevant professionals should pre-conduct a "safe" examination to identify and predicting all possible threats to the information security that may arise or already de facto exist in practice. The results of such expert research should be taken into account when choosing methods and forms of legal regulation of existing and new information relations. Information sphere and its separate elements make it possible to indirect influence on social, economic, political, spiritual and other spheres of life of human society. Therefore, the fact that does not require additional proof is that information security is a guarantee of providing other components of state security and national security as a whole.


The article is devoted to the research of legal and organizational principles of ensuring information security of states in the modern conditions of development of information society. Theoretical approaches to the definition of the essence of «information security» and «national security» are analyzed and their interrelation is proved. The urgency of the chosen topic of scientific research is caused by the fact that confrontation in the information sphere becomes a fundamentally new sphere of competition between the states. The rapid pace of development of information and communication technologies, creation of a global information space has led to many cybernetic threats in important spheres of political, economic, social and cultural life of society. The paper presents the results of the analysis of information security of the state as a factor of influence on the national security of the state as a whole, and thus defines information security as an integral part of national security. Given the magnitude of the global information challenge, the inability to address these issues through the efforts of individual states, the article explores the issue of international cooperation in providing international information security within the United Nations. The contents of the basic international legal acts adopted by the UN General Assembly, which indicate the threats to the international security of the information space and the need for the states to take joint action to counter the challenges in the field. Particular attention is paid to the peculiarities of regional cooperation of states in providing information security within the European Union. It is determined that this area of EU activity is one of the priorities for today. The main EU normative acts are analyzed, which present the European approach to the problem of information security. The general characteristics of the activities of the special bodies of the EU (European Union Agency for Network and Information Security - ENISA, European Cybercrime Centre), whose activities are aimed at providing information security, are given. The article explores the issues of guaranteeing information security of Ukraine and protection of the national information space. The types of real and potential information threats to the information space of Ukraine are revealed, as well as practical recommendations are given on improving the state information policy and creating an effective system of counteracting cyberspace threats. Emphasis is placed on the fact that state information policy should reflect urgent issues that have arisen in the international information and information security sphere. Effective implementation of strategic priorities, basic principles and tasks of the state information security policy requires improvement of legal and organizational mechanisms of information security management.


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