CONCEPT-CATEGORIAL APPARATUS OF ADMINISTRATIVE-LEGAL REGULATION OF CREATION OF A STATE SYSTEM OF THE CRITICAL 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.

Download Full-text

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

Naukovi pratsi NDFI ◽

10.33763/npndfi2021.02.044 ◽

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.

Download Full-text

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

Nuclear and Radiation Safety ◽

10.32918/nrs.2019.3(83).07 ◽

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.

Download Full-text

FORMATION OF THE CONCEPT OF CRITICAL INFRASTRUCTURE OBJECTS TAKING INTO ACCOUNT THE FEATURES OF POTENTIALLY DANGEROUS OBJECTS OF UKRAINE

Information and Public Safety ◽

10.53029/2786-4529-2020-1-5 ◽

2020 ◽

pp. 48-55

Author(s):

Olena Afanasieva

Keyword(s):

Power Plants ◽

Critical Infrastructure ◽

Local Level ◽

Well Being ◽

The State ◽

State System ◽

Critical Infrastructure Protection ◽

Civil Protection ◽

Infrastructure Protection ◽

Definition Of

Olena Afanasieva, Oleksii Basmanov, Serhii Novikov FORMATION OF THE CONCEPT OF CRITICAL INFRASTRUCTURE OBJECTS TAKING INTO ACCOUNT THE FEATURES OF POTENTIALLY DANGEROUS OBJECTS OF UKRAINE The paper identifies the main provisions of the methodological apparatus of civil protection in relation to the paradigm - the object of critical infrastructure, taking into account the characteristics of potentially dangerous objects and the regulatory framework of Ukraine. The nature of the origin of the paradigm "object of critical infrastructure" is considered. Global trends in the formation of the paradigm of "critical infrastructure object" in the context of solving problems of civil protection are identified. The existing domestic legislative basis for the formation of a modern type of paradigm "critical infrastructure object" in the context of solving problems of civil protection is analyzed. The latter made it possible to determine the following - to date, and in the European Union has formed a definition of critical infrastructure, which includes physical objects, resources, services and information technology, networks and other infrastructure assets, violation or destruction of which leads to serious consequences for the health, safety and economic well-being of citizens and to the disruption of the effective functioning of government. Ukraine has passed and is in force laws that to some extent provide for measures to prevent emergencies caused by accidents and catastrophes at protected potentially dangerous facilities, the consequences of which can lead to infection, disease and death. Therefore, as a definition of critical infrastructure in the work, it is proposed to identify a set of enterprises, networks, systems, failure or disruption of which can cause loss of management and cause serious damage at the national, regional or local level. It includes nuclear and hydroelectric power plants, chemical and petrochemical plants, metallurgical plants and many other state-owned enterprises and private strategic institutions, which are not only protected, but also have special organizational and technical systems of physical protection. At the next stage of the work, the authors plan to join the development of the State system of critical infrastructure protection, which should include: creation of a state system of critical infrastructure protection; to determine the state structure responsible for the coordination of activities for the protection of critical infrastructure; to form the basis of public-private partnership and resource provision in the field of critical infrastructure protection; to promote the development of international cooperation in the field of critical infrastructure protection. Key words: emergency situation, object of critical infrastructure, civil protection, normative-legal basis

Download Full-text