scholarly journals National interests of the state and the possibility of restricting the right to freedom of speech: the question of correlation

2021 ◽  
pp. 166-181
Author(s):  
R. Chernysh ◽  
L. Osichnyuk

The article examines the possibility of restricting the right to freedom of speech in order to protect the national interests of the state. An analysis of normative legal acts prohibiting the dissemination of destructive information, such as calls for a violent change in the constitutional order of Ukraine, the outbreak of aggressive war, incitement to national, racial or religious hatred, etc. The right to freedom of expression is not absolute and may be limited. The article substantiates the criteria for state intervention in the information sphere, which allow limiting the dissemination of destructive information and preserving democratic values. Such criteria include the legality of the procedure, the legality of the purpose and the minimum amount of intervention. The article considers the existing mechanisms in Ukraine to respond to harmful informational influences. The law provides for liability for disseminating false information at several levels: civil, administrative and criminal. At the same time, these mechanisms are insufficient, as the concepts of «misinformation», «fake», etc. are not normatively defined. The article describes the state policy to combat destructive information influence. The bases of activity of state bodies created for the purpose of counteraction to dissemination of misinformation and propaganda are considered, namely the Center of counteraction of misinformation at Council of National Security and Defense of Ukraine and the Center of Strategic Communications and Information Security at the Ministry of Culture and Information Policy. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered.

Author(s):  
O. Voitko ◽  
V. Onishchuk

The events analysis since the beginning of the aggravation of relations between Ukraine and Russia evidences about the inefficiency of information policy, incoordination of activity of different subjects of ensuring the information security of the state, the weak presence of Ukraine in the world information space etc. At the same time, the problems of ensuring the information security of the state and realization of effective set of counter-propaganda measures, realization of information policy, aimed at consolidating Ukrainian society and the international community for the purpose of suppression of armed aggression are identified by the higher military-political governance of Ukraine as the most priority. Various internal and external factors negatively affect at the ability of Ukraine to adequately respond to challenges and risks in the military sphere. The insufficient and unprofessional efforts of Ukraine’s state authorities in the field of counteraction to the Russian Federation’s propaganda and information-psychological operations are the most important ones. That’s why there’s necessity of development the system of opinions and determination of the plan of the higher military-political governance’s of Ukraine actions regarding the implementation of state information policy and providing of information security of Ukraine and legislative definition of a conceptual document. Besides the importance of this fact consist in that after the restoration of the territorial integrity of Ukraine the main aims of military policy will be prevention the emergence of new armed conflicts, systematic strengthen the state's defense capability and increasing the role and authority of Ukraine in the international area.


Author(s):  
Volodymyr Smolianiuk ◽  
Mykola Balan

The purpose of the article. Identify the nature of challenges, threats, dangers and risks as destructive factors of social, man-made and natural origin; to prove the priority of the category “threat” as a kind of risk in the domestic legislation on national security; to argue the thesis about Ukraine’s belonging to “risk societies”; point to the further complication of the process of producing various threats and challenges against the state and society. Scientific novelty. Based on the use of the current legal framework of Ukraine on national security, the existence of a process of continuous accumulation of risks in key areas of the state and the transformation of Ukrainian society on this basis into a “society of risk” is proved. Emphasis is placed on accelerating this process in the context of the hybrid war launched by Russia against Ukraine in 2014. Social development dictates the need for a clear verbal designation of destructive factors against the interests of the majority (national interests). The terms describing their likely or real impact on society were “challenges”, “threats”, “dangers” and “risks”. The natural step of their substantive definition and meaningful filling was their implementation in the conceptual and categorical apparatus of national security theory. In a broad sense, national security is proposed to be considered a state of protection of national interests and values, both from challenges, threats and dangers, and risks. The most widely used term in Ukraine’s socio-political realities is the “threat” that is widely represented in national legislation on national security. The total number of threats in modern Ukraine is steadily increasing. According to Western analytical developments, the excessive spread of threats in basic social spheres (economic, political, social, spiritual, cultural, etc.) gives reason to qualify Ukraine as a “risk society”. The situation is complicated by the hybrid war being waged by the Russian Federation against Ukraine and other democratic countries. It is advisable to present the modern hostilities initiated by Russia as a process of continuous production of threats (risks), the total effect of which should be the destruction of the Ukrainian statehood. In such circumstances, Ukraine should accelerate the process of development (updating) and practical implementation of key strategic documents – the National Security Strategy, the Military Security Strategy, the Cyber Security Strategy, the Public Security and Civil Defense Strategy, the Strategy for the Development of the Defense Industrial Complex. But for the time being, such documents are either substantially outdated or missing at all. Conclusions. Society, based on its complex nature, built on unity and the struggle of opposites, feels the constant impact of challenges, threats and dangers (risks), which it generates. There are no unified and generally accepted interpretations of challenges, threats, dangers and risks. Each country offers its own formats of their interaction and mutual transformation. The most widely used of these are “threats” (Ukraine) and “risks” (Western countries). The total number of risks in which Ukraine is directly or indirectly involved is steadily progressing. Accordingly, modern Ukraine is a clearly defined “society of risks.” Under the pressure of numerous challenges, threats and dangers, Ukraine as a “society of risks” abandons the unambiguous (linear) formulation of threats to national security inherent in specific public spheres, and their legislative consolidation. The state provides for the preparation and periodic updating of a number of strategies (national security, military security, cybersecurity, other documents), which should contain a list of major threats that currently exist in state and social development. Key words: challenge, threat, danger, risk, national security, hybridization of threats, risk society.


Author(s):  
Iryna Sopilko

The study gives definitions of information security and related terms, such as cybersecurity, national security, and others, indicates the goals, objects, subjects of the concepts under consideration. The author also considers the features of the foundation and development of the information society in Ukraine, the components of its state information policy for ensuring information security, and identifies the key operations of activity of state bodies in the information sphere. The approaches of scientists who studied certain aspects of national and information security were analyzed, based on their work valuable conclusions were drawn and the conceptual basis of the article was formed. Independently, the definition and characteristics of external and internal threats to the information security of the country are given, methods for solving the problems arising in this connection are introduced, ways of ensuring the information security of the state are indicated. Information security in this study is considered as the central element of the national security of Ukraine, as well as a problematic issue in the field of information protection and ensuring the high-quality functioning of the information space. The author made an in-depth analysis of the existing regulatory and legal instruments for ensuring information security, pointed out their shortcomings, and gave recommendations for their further advancement. Also, recommendations are given to improve the current situation with the regulation of information security in the country, the directions of the state information policy are suggested and ways to ensure the continuity of the functioning of the information security system of Ukraine are indicated.


Author(s):  
Tetiana Prystupenko

The relevence of the study of the issue related to the right to freedom of speech of domestic journalists in the context of international documents and national legislation of Ukraine in this area is caused by the necessity of applying international standards in the real activities of media representatives and development of effective state information policy in this direction. The objective of the research is to ascertain the current state as to protection of the right to freedom of speech of Ukrainian journalists, its interrelation with the program activities in this direction of influential international organizations, national legislation in the conditions of European choice of Ukraine. The study is based on the Concept of national strategy on human rights, the domestic legislative experience in protecting the right to freedom of speech of media representatives and its practical implementation, the global information activities of UN / UNESCO in this context. The situation concerning restriction of freedom of speech in Ukraine, the rights and freedoms of journalists and other democratic values takes place contrary to the norms and provisions of the Constitution of Ukraine, other legislative acts of the state as well as international documents ratified by Verkhovna Rada of Ukraine.


The article discusses the factors and conditions for the development of the information society in the Russian Federation. The new conceptual elements of the state information policy that were established in the Strategy for information society development in the Russian Federation are analyzed. The main characteristics of the knowledge society and the digital economy are revealed. Their importance in transforming of state and public life is emphasized. The author believes that in modern digital space the signifi cance of reliability of information considerably arises. The author also identifi es some problems. First, for many people a digital space of knowledge remains inaccessible. Second, enhancement of the opportunities provided by the Internet increases the number of cyber-attacks against the interests of states, society, and individuals. Third, development of computer technologies has encouraged the shift of peoples’ perception of the world from scientifi c, cultural, and educational information to entertaining and how-to-do information. Implementation of the goals and objectives of the Strategy is intended to adress these challenges


Author(s):  
Yana Kybich

In the article, the problem of information security of Ukraine at the present stage of development in the context of the information society evolution was analysed. The theoretical approaches to the definition of the essence of the concept of “cybersecurity”, “cyberspace” by Ukrainian and foreign scientists were discovered. It is determined that these concepts are widely used in modern science, but there is still no their clearly defined meaning, which, accordingly, complicates scientific comprehension and practical overcoming of problems and threats in the information space of Ukraine and harms the national interests of the state. The legal framework of Ukraine, which regulates the sphere of information security, in particular, legal acts adopted since 2014, were described. It has been proved, that cybernetic attacks on state information resources have become an integral part of the hybrid war, unleashed by Russia. It is indicated that with the onset of Russian military aggression, the transformation of national information legislation, including the one on cybersecurity, took place. The priority directions of the state policy in the field of ensuring the cybernetic security of Ukraine in the conditions of hybrid war were researched.


Author(s):  
S. A. Zaporozhets

The article is devoted to the study of information security of Ukraine in the conditions of hybrid war, confrontation of hybrid threats from the Russian Federation, as well as priority directions for the effective provision of information security in our country. The analysis of this problem shows that the current state of Ukraine's information security system is characterized by an increase in existing threats, and on the other hand by the emergence of new challenges. Technological innovation processes, information breakthroughs, globalization of the world and tendencies of regional integration, along with providing enormous opportunities for the country's progressive development, have many negative consequences. One of the consequences has been the intensification of hybrid warfare between world countries, including against Ukraine. States' capacity to conduct information and information-psychological operations, to increase the sensitivity of society to the death of civilians and to the loss of military personnel in military conflicts are increasing. In the current conditions of globalization, the technological basis of which is the global information and telecommunication networks and a single information space, there is a tendency to change the principles and methods of management, including in military affairs. The ability of information to influence people's worldview and moods gives them the opportunity to gain an advantage over an adversary without engaging in a forceful confrontation with him. In fact, the correct method of working with information has become a new way of conducting an armed struggle, namely a hybrid war. In this regard, the leading countries of the world are undergoing a gradual transformation of approaches to the formulation of military policy of the state, which are practically embodied in ensuring the information security of the state in the conditions of hybrid war. The full-scale information war of Russia against our state has demonstrated the importance of ensuring information security as one of the main components of national security. In view of the above, the state and military authorities of the country were tasked with developing effective measures to neutralize the negative information impact of the Russian Federation and counteract its further deployment. The article also analyzes well-known approaches to improving the effectiveness of state response to national security threats in the information sphere in the context of the current armed conflict in eastern Ukraine. It is established that in order to achieve the appropriate level of information security it is necessary to create a single state mechanism for ensuring information security. A method for solving problems arising in this field is proposed.


Author(s):  
Aleksandr Krylov

This article analyzes the results of the state information policy in relation to the international community in 2019. Ensuring a high degree of integration of the Russian Federation into the world information society is considered as a direction of the state information policy.


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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