scholarly journals INFORMATION SECURITY AS A SUBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 50-56
Author(s):  
Мaria Baran ◽  
Keyword(s):  
Information Security ◽  
Structural Study ◽  
Legal Regulation ◽  
The State ◽  
Strategic Partnership ◽  
Basic Method ◽  
National Interests ◽  
Security Issues ◽  
The Subject ◽  
The Individual

. 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.

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
Keyword(s):  
Information Security ◽  
Public Relations ◽  
National Security ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
National Interests ◽  
Political Processes ◽  
Security Issues

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.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

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.

scholarly journals International Experience of Legal Support of Information Security and the Possibilities for its Application in the Republic of Kazakhstan

2020 ◽  
pp. 71-85
Author(s):  
Sholpan Zabikh
Keyword(s):  
Information Systems ◽  
Information Security ◽  
Legal Regulation ◽  
International Experience ◽  
The State ◽  
Modern World ◽  
External Threats ◽  
Modern Information ◽  
The Republic ◽  
The Individual

The author in the article considers the problems of ensuring information security for the solution of which it is supposed to study methods and ways for identifying and preventing danger in the information sphere. The information security of society as a whole is determined by the rapidly growing technological capabilities of modern information systems, which in their influence on the politics, economy, and the spiritual and ideological sphere of people have now become decisive. Ensuring information security, which refers to the state of protection of the vital interests of the individual, society and the state in the information sphere from internal and external threats, seems to be a very important task in the modern world. The security of the information space are entails the protection of the rights and interests of man and citizen, society and the state in the information sphere from real and potential threats. The article also provides a generalized description of the international experience in the legal regulation of information security and the possibility of its application in the Republic of Kazakhstan.

scholarly journals ПРАВОВЕ РЕГУЛЮВАННЯ ПРАВ ЛЮДИНИ, НАРОДУ І НАЦІЙ В УКРАЇНІ

2019 ◽  
pp. 7-25
Author(s):  
В. О. Процевський ◽  
В. І. Горбань
Keyword(s):  
Human Rights ◽  
Middle Class ◽  
Legal Regulation ◽  
The State ◽  
Scientific Development ◽  
Legal Tradition ◽  
Legal Doctrine ◽  
National Interests ◽  
The People ◽  
The Individual

The purpose of the study is to find ways of overcoming the etatistician legal tradition of regulating human rights in Ukraine in relation to the rights of the nation and the people. The contradictions between the articles of the Constitution of Ukraine on a person and his rights with his articles on restriction of human rights are revealed; between articles about the Ukrainian people and articles about the nation and national interests. The causal relationship between the positivist understanding of law as established and regulated by the state and the practice of legal regulation of human rights, the nation and the people as subjective objects, and not the natural subjects of civil society and the state - theirs, is investigated. servant. Alternative legal regulation based on the dialectic of the individual (person), special (nation), general (people) with the defining role of the people in the law, which includes not only legislation, but also norms of morality, customs, traditions, treaties, is argued. The ideological extremes of legal regulation are criticized: the hypertrophy of anthropocentrism and the sovereignty of the people. The key importance of the elimination of poverty of the people and the creation of a majority of middle-class middle-class majority for the achievement of the main goal of legal regulation of human rights, nation and people – to ensure their freedom is substantiated. As a result of the study, conclusions are drawn: on the advisability of adopting an official legal doctrine in Ukraine on the basis of modern European law of understanding as a source of law; on scientific development of subjects of non-state legal regulation; on amendments to the Constitution of Ukraine regarding the relation between the concepts of nations and peoples and the possibility of limiting a person not in rights, but in their implementation; on the criteria for the equitable legal regulation of mutual human rights, the nation and the people: its fullest endorsement by the majority of these entities as equal in their rights on the basis of the widest consensus between them throughout Ukraine and its individual regions and a steady tendency to increase the middle class in composition people.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

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 The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

scholarly journals XXV.—On the Influence of Weather upon Disease and Mortality

1863 ◽  
Vol 23 (2) ◽  
pp. 299-348 ◽  
Author(s):  
R. E. Scoresby-Jackson
Keyword(s):  
External Force ◽  
The State ◽  
Medical Sciences ◽  
A Value ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
To Receive

The subject to which I have to invite the attention of the Society this evening is one of no modern origin, the name of Hippocrates, amongst others of the fathers of medicine, being commonly associated with it. There is, indeed, perhaps no branch of medical inquiry whose history dips more deeply into the obscure pages of antiquity. The influence of weather upon disease and mortality has been acknowledged as a potent external force in every age, from that eminently speculative and credulous period when physicians professed to receive their diagnostic as well as their therapeutic inspirations from the stars, down to our own day. And yet there is perhaps no question in the whole cycle of medical sciences which has made slower progress than the one we have now to consider. People believe that the weather affects them. They speak of its influence, sometimes commendingly, more frequently with censure, on the most trivial occasions; but beyond a few commonplace ideas, the result of careless observation, or perhaps acquired only traditionally, they seldom seek a closer acquaintance with the subject. Our language teems with medico-meteorological apophthegms, but they are notoriously vague. The words which are most commonly employed to signify the state of the weather at any given time, possess a value relative only to the sensations of the individual uttering them. The general and convertible terms—bitter, raw, cold, severe, bleak, inclement, or fine and bracing, convey no definite idea of the condition of the weather; nay, it is quite possible that we may hear these several expressions used by different persons with reference to the weather of one and the same place and point of time. In order, then, to render medico-meteorological researches more trustworthy, we must be careful to employ, in the expression of facts, such symbols only as have a corresponding value in every nation.

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