scholarly journals LEGAL REGULATION OF COMMERCIAL SECRETS IN THE LEGISLATION OF UKRAINE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Arnold P. Kupin ◽  
Keyword(s):  
Information Security ◽  
Criminal Liability ◽  
Practical Interest ◽  
Legal Regulation ◽  
Trade Secret ◽  
Practical Implementation ◽  
Trade Secrets ◽  
Business Corporation ◽  
Security And Protection ◽  
Business Entities

The article analyses legal regulation of trade secret phenomenon in Ukrainian legislation as well as initiates ways of above-mentioned legislation improvement. Due to the process of information society formation in Ukraine, the issues of security and protection of rights for information resources of different access level enter into in the foreground of scientific discussions. Thus, there is intensive growth practical interest to trade secrets and other related concepts. One type of confidential information is the so-called �trade secret�. The issue of protection of trade secrets is not in fact a matter of protection of information security, because one of the main characteristics that determines the mode of access to trade secrets is the ownership of this information. The article describes the development of legislation devoted to trade secret at the contemporary stage as well as emergence of essential economic and legal conditions in Ukraine for practical implementation of legal mechanisms of commercially valuable information security and protection. The above-mentioned factors determine urgency of the issue. So called �trade secret� is a king of classified information. The issue of trade secret protection at is core is not in the framework of information security; by virtue of the fact that the key characteristic that influences the access mode to trade secret is the right of ownership of this information. The definition of trade secrets given in the Civil Code of Ukraine is formulated taking into account modern international legal approaches to the understanding of trade secrets (TRIPS and NAFTA) and at the appropriate legal and technical level, although not without certain shortcomings. This definition has a cross-sectoral significance in the system of legislation of Ukraine and is applied when clarifying the content and qualifications of not only civil but also labor, administrative, criminal, procedural and other legal relations. The aim of the article is to analyze domestic legislation in order to expose the essence of trade secret and related concepts. The author determines that the establishing of information constituting a commercial secret list, which cannot be restricted to business entities access, is not sufficient. There is the need at the level of legislation to establish a special mechanism and general criteria for determining information as s trade secret. It would help citizens to exercise their right to file requests to private business corporation. During the writing of the article the following conclusions were reached. In the case of crimes against trade secrets, in fact, the criminality of the act is determined not by law, but by order of the owner of the information or the head of the enterprise, which is not a legal act. In our opinion, this situation is absurd, especially given the imperfection of the legislation governing the ownership of information. Therefore, two ways to solve the problem can be proposed, either by legislatively establishing an exhaustive list of information that can be declared a trade secret, or by abolishing criminal liability

scholarly journals Legal regulation of commercial secrets as an interbranch institute in the system of law and legislation of Ukraine

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Svitlichnyj Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Legal Protection ◽  
Legal Regulation ◽  
Trade Secret ◽  
Legal Responsibility ◽  
Trade Secrets ◽  
New Information ◽  
Advocacy Activity ◽  
Law And Legislation

The article describes the modern legislation of legal regulation of trade secrets, in particular the provisions of the Civil Code of Ukraine. It is noted that legal relations in the field of trade secrets are governed by the Criminal and Commercial Codes of Ukraine, the Code of Administrative Offenses, a number of laws, including the Laws of Ukraine: «On Information», «On Protection against Unfair Competition», «On Banks and banking activity», «On advocacy and advocacy activity», «On state secret» and by-laws, the resolution of the Cabinet of Ministers of Ukraine «On the list of information that does not constitute a trade secret». The study found that in Ukraine, as in many other countries, new technologies, intellectual property and other products are created that contain trade secrets that need legal protection. Due to new information achievements, state borders are practically transparent for the circulation of information. In this case, the more this industry is involved in commercial turnover, the greater the need to protect the interests of the owners of trade secrets. Keywords: legal regulation, information, trade secret, legal responsibility, owner of trade secret, intellectual property, economic activity

REGULATORY AND LEGAL SUPPORT OF INFORMATION SECURITY IN UKRAINE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
The European Union ◽  
Basic Principles ◽  
Association Agreement ◽  
Legal Information ◽  
Current Information ◽  
Initial Stage

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.

FEATURES OF FUNCTIONING OF INVESTMENT-INNOVATIVE ACTIVITY. DOMESTIC AND FOREIGN EXPERIENCE

2020 ◽  
Vol 2 (3) ◽  
pp. 90-96
Author(s):  
A. P. DROZDOVA ◽  
◽  
S. M. MOLCHANOVA ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Incentives ◽  
Intellectual Activity ◽  
Accounting Data ◽  
Foreign Companies ◽  
Scientific Potential ◽  
The Russian Federation ◽  
Innovative Potential ◽  
Business Entities

The article discusses information sources in assessing the effectiveness of innovations, types of cash inflows, cash outflows in the context of the organization's operational, investment and financial activities. The problem of insufficient relevance of accounting data in the analysis of the effectiveness of investment in innovation is reflected. The need for systematization of the current regulatory legal acts of the Russian Federation to integrate information on the results of intellectual activity into a single mechanism for effective management of the development of innovative potential of the Russian Federation is noted. The experience of foreign companies in the investment and innovation sphere is summarized. The factors influencing the development of the scientific potential of Russian companies and the need to introduce economic incentives for innovation entities are presented. The functions of the RF authorities in the field of legal regulation of innovations for the successful development of mechanisms for interaction between business entities and the state, the protection of intellectual property and the growth of the effectiveness of the practical application of innovative developments are generalized.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals PRACTICAL IMPLEMENTATION OF THE MODEL OF FORMATION OF CADETS' READINESS TO ENSURE INFORMATION SECURITY IN PROFESSIONAL ACTIVITIES

2021 ◽  
Vol 1 ◽  
pp. 119-129
Author(s):  
Dmitry Dvoretsky ◽  
Natalia Kolesnikova ◽  
Oksana Makarkina ◽  
Kira Lagvilava
Keyword(s):  
Information Systems ◽  
Information Security ◽  
Information Technologies ◽  
The State ◽  
Practical Implementation ◽  
Positive Trend ◽  
Pedagogical Tools ◽  
Professional Activities ◽  
Security Issues ◽  
The Stability

The mass introduction of information technologies in the activities of state structures has made it possible to transfer the efficiency of their functioning to a qualitatively new level. Unfortunately, as a means of action, they have characteristic vulnerabilities and can be used not only for good, but also for harm. For the state, as a guarantor of the stability of a civilized society, the issue of ensuring the security of information processing is particularly important. Despite the automation of many information processes, the most vulnerable link in the work of information systems remains a person. A person acts as an operator of information systems and a consumer of information. The entire service process depends on the competence of the operator and the quality of his perception. There are areas of government activity where the cost of error is particularly high. These include ensuring the life and health of citizens, protecting public order and the state system, and ensuring territorial integrity. The specifics of the spheres must be taken into account when ensuring the security of information. This study concerns official activities that are provided by paramilitary groups. Currently, there is a discrepancy in the level of competence of new personnel in the first months of service. The author traces the shortcomings of general and special professional qualities in the field of information security. The purpose of the study is to substantiate certain pedagogical means of forming cadets ' readiness to ensure information security. As forms of theoretical knowledge, we will use the traditional hypothesis and model, as well as functionally distinguishable judgments – problem, assumption, idea and principle. Empirical forms of knowledge will be observation (experimental method) and fixation of facts. To evaluate the effectiveness of the developed pedagogical tools, we use statistical methods: observation (documented and interrogated) and calculation of generalizing indicators. To formulate conclusions, we will use logical methods: building conclusions and argumentation. The approbation of certain pedagogical tools described in this article showed a significant positive trend in terms of competence in information security issues.

scholarly journals ECONOMIC CONSEQUENCES OF CYBERCRIME AND LEGAL REGULATION MECHANISMS IN GEORGIA

2021 ◽  
pp. 208-213
Author(s):  
Tamar Makasarashvili ◽  
Tea Khorguashvili ◽  
Giuli Giguashvili ◽  
Aleksandre Sadagashvili
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
Legal Regulation ◽  
The State ◽  
Economic Consequences ◽  
Main Task ◽  
Negative Consequences ◽  
Prevention Policy ◽  
Effective Prevention ◽  
Regulation Mechanisms

With the development of Internet technologies, cybercrime has also evolved and diversified. Much of the world's economic and business information comes from electronic information, and the need for remote work caused by the coronavirus (COVID-19) pandemic has further increased demand for e-services, which in turn has contributed to increased technology risks, threats, and incidents. The main task of the states is to actively fight against the negative socio-economic, financial, and political consequences caused by the growth of cybercrime. The main purpose of the study is to assess the negative consequences of cybercrime in Georgia, the main threats to information security, to develop recommendations for the prevention of cybercrime, to improve its legal regulation mechanisms. The fight against cybercrime in Georgia is carried out using criminal norms. The law "On Information Security" is in force in the country, Georgia's cyber security strategy has been developed, but this process needs constant development. The main task of the state is to gradually improve the legislation and bring it in line with modern technologies, to ensure close cooperation between the state and society, to raise the awareness of civil society. It is essential to constantly inform the public and companies about cyber threats, as effective prevention is the best form of crime prevention policy.

scholarly journals AES Cryptograph for Secure Cloud Storage

2019 ◽  
Vol 8 (6S3) ◽  
pp. 1373-1376
Keyword(s):  
Cloud Computing ◽  
Information Security ◽  
Cloud Storage ◽  
Short Message Service ◽  
Short Message ◽  
Security And Protection ◽  
Message Service ◽  
Secure Cloud Storage ◽  
Cloud Condition

In cloud computing disseminated assets are shared by means of system in open condition. Subsequently client can without much of a stretch access their information from anyplace. Simultaneously exist protection and security problems because of numerous causes. Initial one is emotional improvement in system advances. Another is expanded interest for computing assets, which make numerous associations to reappropriate their information stockpiling. So there is a requirement for secure cloud stockpiling administration in open cloud condition where the supplier isn't a confided in one. Our research tends to various information security and protection assurance problems in a cloud computing condition and suggests a technique for giving diverse security administrations like validation, approval and classification alongside checking in postponement. 128 piece Advanced Cryptograph Standard (AES) is utilized to increment information security and classification. In this supported methodology information is encoded utilizing AES and afterward transferred on a cloud. The supported model uses Short Message Service (SMS) ready instrument with keeping away from unapproved access to client information.

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