scholarly journals НОРМАТИВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ ІНФОРМАЦІЙНОЇ БЕЗПЕКИ В ДІЯЛЬНОСТІ СЛУЖБИ БЕЗПЕКИ УКРАЇНИ

2019 ◽  
Vol 82 (1) ◽  
pp. 169-177
Author(s):  
KHARCHENKO S.,
Keyword(s):  
Information Security ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
The Internet ◽  
National Legislation ◽  
Legal Provision ◽  
Current State ◽  
Hierarchical Levels ◽  
The Creation

Стаття присвячена питанням визначення сучасного станунормативно-правове забезпечення інформаційної безпеки в діяльностіСлужби безпеки України та формування пропозицій з йогоудосконалення. Дослідження правових актів національногозаконодавства дозволило виділити такі ієрархічні рівні правовогорегулювання організації забезпечення інформаційної безпеки в діяльностіСБУ: конституційно-законодавчий, міжнародний, підзаконний тавідомчий. Зазначені правові норми являють собою певну сукупність, хоч іне мають об’єктивно наданої їм систематизованої форми. Між циминормами наявні внутрішні правові зв’язки, вони взаємозумовлені іхарактеризуються взаємовпливом. На сучасному етапі більшнормативно опрацьованими є питання забезпечення кібернетичноїбезпеки. Водночас, сьогодні необхідно забезпечити закріплення у відомчійнормативній базі таких заходів як здійснення контролю у інтернетпросторі (проблема блокування сайтів) та створення інтегрованогобанку даних про загрози і небезпеки у сфері інформаційної безпеки вдіяльності СБУ. The article is devoted to the issues of identifying the current state of thenormative and legal provision of information security in the activities of theSecurity Service of Ukraine and the formation of proposals for itsimprovement. The study of legal acts of the national legislation allowed tospecify the following hierarchical levels of legal regulation of the organizationof ensuring information security in the SSU activities: constitutional andlegislative, international, sub-legislative and departmental. These legal normsrepresent a certain set, although they do not have a systematized form providedto them objectively. Between these norms there are internal legal relations;they are mutually interconnected and characterized by mutual influence. At thepresent stage, the issues of ensuring cybernetic security are more normativelyelaborated. At the same time, today it is necessary to ensure the consolidationin the departmental regulatory framework of such measures as theimplementation of control in the Internet space (the problem of blocking sites)and the creation of an integrated database of threats and danger in the field ofinformation security in the activities of SSU.

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals Some legal mechanism problems for economic dispute resolution in Russian Federation

2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 103-108
Author(s):  
Korolev Ivan Igorevich ◽  
Zaychenko Elena Viktorovna ◽  
Turłukowski Jarosław ◽  
Makolkin Nikita Nikolayevich
Keyword(s):  
Dispute Resolution ◽  
Russian Federation ◽  
Ad Hoc ◽  
Legal Regulation ◽  
Current State ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

The aim of the study is to analyze the current state of arbitration system in the Russian Federation and also the consequences of procedural legislation reform, which has become a trigger for transformations in the system of arbitration courts. The authors consider the creation mechanisms and some aspects of arbitration institution functioning, based on the norms of the current legislation. This review is given both in relation to permanent arbitration institutions and in relation to the courts created to consider one specific dispute. In the course of this study, the authors found that a gap in legal regulation remained after the arbitration legislation reform, since it remains possible to create ad hoc "pocket" courts instead of abolished arbitration courts at any institutions. And if initially it seemed that this problem would be solved, now it is necessary to fight against such a mechanical opportunity to get the necessary “comfortable” judges.    

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.

scholarly journals Computer model of information behavior to study information security professionals

2018 ◽  
Vol 12 (4) ◽  
pp. 22-31
Author(s):  
Paulo Hideo Ohtoshi ◽  
Cláudio Gottschalg Duque
Keyword(s):  
Information Security ◽  
Computer Model ◽  
Information Behavior ◽  
The Internet ◽  
Human Information Behavior ◽  
The Core ◽  
Current State ◽  
New Concepts ◽  
Programming Tools ◽  
Core Concepts

In this paper, we propose a computer model of information behavior to study information security professionals and an architecture, which mimics the way our brain learns new concepts to simulate this behavior computationally. Used to represent and describe any domain of knowledge, we may use ontologies to study the human information behavior and show some of the concepts and relation-ships involved in this field of knowledge. A deep knowledge of the core concepts underpinning this field can provide us with a solid basis for constructing a model. We can also use computer-programming tools not only to capture the ideas that make up this field of knowledge, but can also simulate the human information behavior. The use of computers also allows us to crawl data over the Internet and process large amounts of them in order to find patterns with some specific characteristics. In the paper, we also present the current state of this research and challenges of the model.

scholarly journals THE INSTRUMENTS OF ADMINISTRATIVE AND LEGAL PROVISION FOR THE REALIZATION OF THE RIGHT TO A SAFE AND HEALTHY ENVIRONMENT

2019 ◽  
pp. 109-118
Author(s):  
V. V. Polubatko
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Provision ◽  
Healthy Environment ◽  
Current State ◽  
The Right

The article is focused on determining the instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and formulating the propositions to improve the normative and legal regulation of the procedures of their application. The author of the article has established the state of scientific developments concerning the realization of the citizens’ right to a safe and healthy environment and the instruments of its administrative and legal provision. The concept of administrative and legal provision and its instruments have been revealed. The functions of public administration subjects assigned to them in the field of environmental protection have been highlighted; the shortcomings of their normative and legal regulation have been determined; and the ways of their solution have been suggested. The author has named the types of instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and their certain characteristics. The system of normative and legal acts regulating the procedures for their use has been studied. The current state of normative and legal regulation of the application of the instrument of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals has been clarified; and propositions and recommendations regarding the ways of its improvement have been formulated. In particular, a number of specific problems that are to be obligatory solved has been defined: lack of procedures of public administration activities and a normative act that would introduce unified rules for the application of the instruments of public administration activities; contradictions and inaccuracies that exist in the current normative and legal acts; validity of normative acts adopted with violation of powers.

scholarly journals LEGAL REGULATION ON THE CREATION AND FUNCTIONING OF INNOVATION CLUSTERS IN UKRAINE

2020 ◽  
Author(s):  
Христина Іваницька
Keyword(s):  
Regional Development ◽  
Innovation System ◽  
Cost Effective ◽  
Legal Framework ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legislative Framework ◽  
The Creation ◽  
Effective Development ◽  
Innovation Clusters

The article reviews the regulatory framework on the basis of which the creation and functioning of innovation clusters as an association of objects of innovative infrastructure of Ukraine.During the research, the author concludes that it is advisable to classify the regulatory regulation of the activity of innovation clusters in Ukraine into two categories: general and special. The general regulatory framework is aimed at creating elements of innovation clusters as legal entities; special aimed at regulating issues of innovation and intellectual property.At the same time, the basic principles of creation and functioning of the legal framework governing the issues of innovation clusters are highlighted: systematicity, accessibility and legality.In the article it is stated that legislative regulation, covering the issues of the functioning of the innovation clusters is incomplete and fragmented, which in turn impedes the full, strategic and cost-effective development of innovation clusters. Hence, the author advices to propose the legislator to regulate the investigated issue at the level of a separate legal act.Besides proper legislative framework, the author pays attention to the necessity of the attraction of budgetary and extra-budgetary funding, including facilitating the participation of clusters in competitions and events conducted by state and regional development institutes, state authorities and local self-government bodies. It is also obvious that there is a need of facilitating the promotion and sale of innovative products of cluster participants in the domestic and world markets; implementation of projects of cluster participants with involvement of state and regional development institutes.At the end of the research the author generates the basic directions of improvement of the policy of legal regulation of the cluster innovation system of Ukraine, proposes concrete measures in the direction of its improvement and modernization.

scholarly journals DEVELOPMENT OF THE DIGITAL ECONOMY IN EU: NEW REGULATIONS AND PERSPECTIVES

2020 ◽  
Author(s):  
Emil Radev ◽  
Keyword(s):  
European Union ◽  
European Parliament ◽  
Legal Regulation ◽  
Digital Economy ◽  
Regulatory Framework ◽  
The European Union ◽  
Current State ◽  
Digital Services

The report presents the development of the digital economy in the European Union in the context of its current state and development tendencies. The accent is put on the new regulations and perspectives, which it faces, and the need for legal regulation adequate to the ongoing processes. The main guidelines in which the European Parliament makes its recommendations for development and establishment of a common regulatory framework through the new provisions of the Digital Services Legislation are outlined. Based on the research, summaries and conclusions are made.

scholarly journals LEGAL REGULATION OF MOST DANGEROUS MICROORGANISMS STRAINS HANDLING

Medicne pravo ◽  
2021 ◽  
pp. 71-79
Author(s):  
V. M. Pashkov
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Biological Safety ◽  
Biological Objects ◽  
Current State ◽  
The Creation ◽  
Statutory Basis

The statutory basis of Ukraine on the treatment of strains of most dangerous microorganisms has been analyzed, and the terminology important for further understanding of the issue has been clarified. The aim of the paper is to study the state of legal regulation in Ukraine of relations in the field of treatment of strains of especially dangerous microorganisms, to pro- vide analysis of the current legislation of Ukraine in this area, as well as the practice of its application. Theoretical bases of legal support of legitimation of activity in this sphere, including that for the purpose of protection of biological safety have been established. The necessity of legal regulation of participants of relations concerning treatment of strains of especially dangerous microorganisms activity has been substantiated. The current state of legal regulation of relations in the field of strain management requires, given the intersectoral nature of the isssue, consideration of the creation of a single intersectoral authority for the supervision of hazardous biological objects. Such a authority may not only be a licensing authority, but also responsible for the introduction of a register of owners of hazardous biological objects that are not economic entities (for example, individuals – owners of collections of such biological objects).

scholarly journals Electronic Cases as An Element of the Administrative Procedure in The Provision of Administrative Services

2021 ◽  
Vol 100 ◽  
pp. 03004
Author(s):  
Oleg Dubinskiy ◽  
Olena Lomakina ◽  
Oleksandr Sikorskyi ◽  
Azamat Kudaibergenov
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
International Experience ◽  
Regulatory Framework ◽  
The European Union ◽  
Administrative Services ◽  
Administrative Procedure ◽  
Current State

The article is devoted to the study of the current state of legal regulation of the institute of electronic case as an element of administrative procedure in Ukraine and the practice of its implementation on the example of the procedure for providing administrative services through the Centers of administrative services. The main problems of the institute and possible ways to solve them are considered, as well as prospects for the development of administrative procedure, based on international experience and regulatory framework of states, including - members of the European Union in the study area.

scholarly journals Current state of the institute of administrative liability in the field of urban planning

2018 ◽  
Vol 2 (2) ◽  
pp. 67-77
Author(s):  
Olha Garan ◽  
Valeriі Stukalenko
Keyword(s):  
Urban Planning ◽  
Systematic Approach ◽  
Regulatory System ◽  
Legal Regulation ◽  
State Standards ◽  
Scientific Understanding ◽  
Current State ◽  
Urban Construction ◽  
The Creation ◽  
Theoretical Foundations

Introdaction. The article uncovers the state of the institute of administrative liability in the field of urban planning considering current situation. The attention is focused on the main directions of transformation of development of administrative liability, the problems are described and the ways of their solution are proposed. In connection with the implementation of various reforms, the existing urban construction relationships has radically changed and the new ones has emerged in the society, which are characterized by a tendency of growth. Therefore, considering new conditions and requirements, these relations require the introduction of new effective administrative and legal regulation. One of the important tools of this regulation is administrative liability in the field of urban planning, which helps to ensure compliance with the norms provided by law, state standards, construction codes, and rules. The perspective directions of the evolution of the institute of administrative liability are the improvement of the system of administrative penalties by expanding their number and size and improving the system of subjects of responsibility. Purpose and tasks. The purpose of the work is to determine the current state of scientific understanding of administrative liability in the field of urban planning on the basis of the analysis of theoretical foundations, regulatory system and practice, as well as to focus on the actual issues of its application in practice. Results. It is proven that the institute of administrative liability in the field of urban planning undergoes transformation, but the scientific understanding of this process is not at the proper level. Conclusions. In general, the institution of administrative liability in the field of urban planning requires substantial modernization, but not at the expense of making changes and additions to the current legislation, but on the basis of the creation of a new doctrine of understanding of administrative liability combined with the application of a systematic approach.  All of the above will provide an opportunity for the creation of effective mechanisms for applying the institute of administrative liability in practice.

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