scholarly journals Problem Aspects of Legal Regulation of Public-Private Partnership in the Field of Critical Infrastructure Protection

2019 ◽  
pp. 40-50
Author(s):  
Oleksandr Yermenchuk ◽  
Maksym Palchyk
Keyword(s):  
National Security ◽  
Critical Infrastructure ◽  
Legal Regulation ◽  
International Experience ◽  
Public Private Partnership ◽  
Critical Infrastructure Protection ◽  
Security Systems ◽  
Private Partnership ◽  
Defense Strategies ◽  
Infrastructure Protection

This article provides systematic international experience of legal regulation of critical infrastructure protection in foreign jurisdictions. Some aspects of national critical infrastructure security systems of such as countries Germany, Spain, USA, and Denmark are described. The article determines that at national levels in different countries critical infrastructure protection is mainly regulated by national security strategies, defense strategies and other basic regulatory acts related to the functioning of critical infrastructure and its protection. The article considers aspects of legal regulation of relations in the sphere of public-private partnership and critical infrastructure protection in modern Ukraine. According to the results of the research, it has been established that in Ukraine there are documents of strategic character that regulate the implementation of public-private partnership, which should become a mutually beneficial factor that will facilitate mutual integration processes. Main directions for developing public-private partnership in the field of critical infrastructure protection in Ukraine have been suggested. Key words: public-private partnership, legal regulation, critical infrastructure, critical infrastructure protection, international experience.

Critical Infrastructure Protection from a National Perspective

2015 ◽  
Vol 6 (2) ◽  
pp. 191-199 ◽  
Author(s):  
Stefan Brem
Keyword(s):  
Critical Infrastructure ◽  
Public Private Partnership ◽  
Critical Infrastructure Protection ◽  
Private Partnership ◽  
Infrastructure Protection ◽  
Legal Foundation ◽  
National Perspective ◽  
National Infrastructure

This article addresses conceptional components of national strategies on critical infrastructure protection (CIP). In particular, it focuses on the Swiss CIP programme and its strategic components. As in other countries, Switzerland divides its national infrastructure into critical sectors, but rather distinctively it subdivides them into critical subsectors and even lists specific critical infrastructure objects in a classified inventory. The article stresses the importance of a pragmatic public private partnership in further strengthening the CI's resiliency, but also argues for a more explicit legal foundation to provide some clearer guidelines in this evolving field of collaboration.

scholarly journals Protection of Australia in the Cyber Age

2011 ◽  
Vol 1 (1) ◽  
pp. 35-40 ◽  
Author(s):  
Matthew Warren ◽  
Shona Leitch
Keyword(s):  
National Security ◽  
Homeland Security ◽  
Critical Infrastructure ◽  
Security Policies ◽  
Government Policies ◽  
Security Threats ◽  
Cyber Warfare ◽  
Critical Infrastructure Protection ◽  
Security Risks ◽  
Infrastructure Protection

Australia has developed sophisticated national security policies and physical security agencies to protect against current and future security threats associated with critical infrastructure protection and cyber warfare protection. In this paper, the authors examine some common security risks that face Australia and how government policies and strategies have been developed and changed over time, for example, the proposed Australian Homeland Security department. This paper discusses the different steps that Australia has undertaken in relation to developing national policies to deal with critical infrastructure protection.

National Security and Critical Infrastructure Protection

2019 ◽  
Vol 25 (1) ◽  
pp. 8-13
Author(s):  
Adriana Alexandru ◽  
Victor Vevera ◽  
Ella Magdalena Ciupercă
Keyword(s):  
United States ◽  
National Security ◽  
Critical Infrastructure ◽  
The United States ◽  
Critical Infrastructures ◽  
Technological Advancement ◽  
Critical Infrastructure Protection ◽  
Normal Functioning ◽  
Infrastructure Protection ◽  
Crisis Scenarios

Abstract The link between national security and the protection of critical infrastructure is vital to the progress of any society and its proper social functioning. The term critical infrastructure was developed by the United States in the 1990s and it has evolved in time; nowadays, most of the current definitions include the security dimension in their content. Along with its many benefits, the technological advancement has brought with it the diversification of threats that could lead to the malfunctioning of critical infrastructures. The new weapons of the 21st century and the new asymmetric threats constitute real dangers to the good functioning of every critical infrastructure. Once they may be interrupted, the normal functioning of the whole society would be endangered because of the domino effects it causes. In this article we will look at how the link between critical infrastructure and national security is reflected in national regulations and crisis scenarios, highlighting the main strengths and the existing legislative gaps along with discussing their applicability.

On the notion of “Partnership” in Critical Infrastructure Protection

2015 ◽  
Vol 6 (2) ◽  
pp. 255-262 ◽  
Author(s):  
Patricia Wiater
Keyword(s):  
National Security ◽  
Critical Reflection ◽  
Critical Infrastructure ◽  
National Strategy ◽  
Critical Infrastructure Protection ◽  
Infrastructure Protection ◽  
The Public ◽  
Political Approach ◽  
Market Intervention ◽  
Industry Associations

This article is a critical reflection on the manifoldness of the notion of “partnership” in Critical Infrastructure Protection. It is argued that the partnership arrangement can be a promising political approach to CIP if the details of public-private cooperation – that is: the participants, the duration, the responsibilities and duties, as well as possible financial compensation – are formalized. Illusionary ideas of a “partner-like” relationship between the public and the private, such as those laid down in the German “National Strategy for Critical Infrastructure Protection”, are, however, doomed to fail. State authorities have to actively offer binding regulatory arrangements to private CI firms in order to establish which companies genuinely agree to cooperate – and which do not. Due to the state's constitutional obligation to guarantee national security and protect the life and health of its citizens, introducing legal requirements is the only possible reaction to a company's refusal to cooperate. In order to avoid overly intrusive market intervention, the state's offer to private firms or their industry associations to conclude binding regulatory contracts on CIP matters may serve as a promising compromise between a laissez-faire approach and regulation.

scholarly journals Strengthening the protection of critical infrastructure: domestic realities and international cooperation

2021 ◽  
Vol 2021 (2) ◽  
pp. 44-68
Author(s):  
Kateryna KLYMENKO ◽  
◽  
Maksym SAVOSTIANENKO ◽  
Keyword(s):  
International Cooperation ◽  
Critical Infrastructure ◽  
Legal Regulation ◽  
Inclusive Development ◽  
Infrastructure Development ◽  
Critical Infrastructure Protection ◽  
Basic Principles ◽  
Protection Measures ◽  
Infrastructure Protection ◽  
State And Local

The article emphasizes that the creation of a state system of critical infrastructure protection requires legal regulation of the basic principles of its operation, the introduction of common approaches to the management of system facilities at the state and local levels, defining the principles of interaction between state bodies and society. and citizens. Specific problematic aspects of the sphere of critical infrastructure protection in the process of reform are considered, among which: lack of a unified national system of critical infrastructure protection; insufficiency and inconsistency of normative-legal regulation on protection of systems and objects of critical infrastructure; lack of a state body responsible for coordinating actions in the field of critical infrastructure protection, uncertainty of powers, tasks and responsibilities of central executive bodies and other state bodies in the field of critical infrastructure protection, as well as rights, duties and responsibilities of owners (managers) critical infrastructure; underdeveloped public-private partnership in the field of critical infrastructure protection and uncertainty of sources of funding for critical infrastructure protection measures, insufficient level of international cooperation in the field of critical infrastructure protection. Some issues of strengthening the protection of critical infrastructure in the context of cooperation with IFI`s have been studied. The authors consider the financing of infrastructure development projects implemented in Ukraine through borrowings raised by Ukraine from international partners, including the EBRD, the World Bank, KfW and others. The need to adopt the draft Law of Ukraine “On Critical Infrastructure” № 5219 was emphasized. To support the critical infrastructure protection management system, it is proposed to adopt a Critical Infrastructure Protection Management Strategy for the medium term until 2025, which will form the basis for sustainable and inclusive development of the critical infrastructure protection system and the national economy in general.

scholarly journals Issue of criminal liability for offences against critical infrastructure objects in nuclear industry

2019 ◽  
pp. 58-67
Author(s):  
O. Taran ◽  
O. Sandul
Keyword(s):  
Critical Infrastructure ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Nuclear Industry ◽  
General Context ◽  
Critical Infrastructure Protection ◽  
Infrastructure Protection ◽  
Regulatory Documents ◽  
Current State

A special legislation on criminal liability for offences against critical infrastructure objects is currently under development in Ukraine. The Cabinet of Ministers of Ukraine adopted the Concept for the development of a state system for critical infrastructure protection. The paper considers this legal area with regard to objects in the nuclear industry in the general context of critical infrastructure protection. It provides the current state in the legal regulation of fundamentals of criminal liability for offences against the critical infrastructure objects in the nuclear industry. The issue on the sufficiency and appropriateness of the existing level of such a liability is discussed further. The paper presents the list of some main critical infrastructure objects in accordance with the regulatory documents in the sphere of critical infrastructure protection and their classification. In addition, such concepts as “critical infrastructure” (relatively new notion in the national legislation), “unlawful intrusion”, “computer crimes”, “critical information infrastructure” and other concepts important to the nuclear industry were considered in this research. The notions presented in different regulatory documents were analyzed. The paper emphasizes that the legislation of Ukraine does not currently present special (separate) standards on the criminal liability for offences against critical infrastructure objects. Some promising issues related to fundamentals of the criminal liability and protection of critical infrastructure objects in the nuclear industry were also considered. The research involves the prospect of further development of a special law to define the area for improving relevant legislation on general regulation of these issues. The paper also stresses on the need to introduce some changes to the Criminal Code of Ukraine with respect to certain articles of section XIV.

scholarly journals The critical infrastructure protection. Legislation

2018 ◽  
Vol 19 (6) ◽  
pp. 1242-1248
Author(s):  
Józef Sadowski
Keyword(s):  
National Security ◽  
Public Safety ◽  
Critical Infrastructure ◽  
Energy Sector ◽  
Transportation Systems ◽  
Critical Infrastructure Protection ◽  
Infrastructure Protection ◽  
Protection Legislation ◽  
Program Content ◽  
National Infrastructure

The content outline: in accordance with law, the Polish critical infrastructure constitutes 11 sectors, vital for national security and public safety persistence. Two of the sectors (energy sector and transportation systems sector), are elements of the European Critical Infrastructure, and due to Poland’s EU and NATO membership, are subject to particular protection. The paper describes general principles of Polish critical infrastructure safety law acts and critical infrastructure sectors. Later in this paper, 4 alert states (THREATCON), and their impact on the critical infrastructure safety and protection were presented. The purpose and the program content of the National Critical Infrastructure Protection Programme and the National Infrastructure Protection Plan were described.

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