Regulacja górnictwa kosmicznego w polskiej ustawie o działalności kosmicznej

Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.

CONCEPTUAL ASPECTS OF THE USE OF BIBLIOMETRIC TECHNOLOGIES IN THE FIELD OF COUNTERACTION TO CRIMINAL OFFENSES IN THE AIRLINE INDUSTRY

The article specifies that systematic and complex scientific researches on problems of the use of bibliometric technologies in preventive activity regarding detection and neutralization of threats to entities-facilities of air transport, companies staff, institutions and organizations which work in this field have not been considered yet. The results of researches and scientific papers of representatives of the Ukrainian forensic community had been analyzed, which determined the need for theoretical-legal and forensic research in the field of identification and verification of a person with the use of biometric technologies to solve tasks of counteraction to crime and civilian tasks of managerial and controlling content. The article purpose is to define current problems of the development of the newest directions of biometric technologies use in counteraction to criminal and other types of offenses; formation of theoretical principles of algorithmization of the use of biometric technologies in preventive activity. The use of the complex of general and special research methods has made it possible to identify factors and content of reasons and conditions for solving the present day tasks with the use of biometric technologies in security and preventive activities. Such approach has helped to draw the conclusion that the most promising directions of biometric technologies application are: security guaranteeing and ensuring access control to certain areas and space activity facilities; creation of a person identification systems; introduction of reliable and economic means of delimitation of access to the territory of facilities, buildings and internal premises of space activity entities; efficiency and personnel management; information protection of multifunctional user identification systems in information networks, operating systems, various add-ons for typical software.

Analogies in International law and problems of the development of space law

This article indicates that the existing international space law fails to regulate the dynamically developing space activity. The International policy-making in this sphere has established when the applied space activity virtually did not exist. Currently, the actively developing and very profitable space activity, for the most part involves the economic entities. The author notes that a range of means, such as contracts, recommendation documents, and national legislation are employed in the development of space law. The question raised whether the analogy can be applied for the development of international space law. This method of filling the gaps is widespread and largely used in private international law; however, its value for the public international law has not been determined. An essential issue is the ratio between the formalized sources of law and analogies; methodology for determining the existence of deficiencies of law; criteria for similarity and difference of the situations that imply the use of analogy. For solving the set tasks, the author uses the formal-logical, systemic, comparative, and other research methods. The author believes that it is possible to trace several factors that allow using analogies in the international law. The analogy should be substantiated for each individual case; it is necessary to draw comparison between regulated and unregulated cases; determine the identity of the elements that are relevant for application of analogy.

Space state: the beginning of new era in the evolution of statehood

The article substantiates that the evolution of earthly statehood naturally leads to its transformation into a cosmic statehood and opens a new era in the development of the state. The utopian nature of political theories in the history of thought is marked both by the completion of the evolution of the state with its global earthly forms, and by the abolition or withering away of the state, as well as the importance of spatial characteristics for understanding the general evolution of statehood. The article contains the beginning of a new, more powerful wave of space activity where all states participate. The reasons for the formation and features of a space state (spatial, institutional, functional, legal, scientific and technical), its possible varieties are highlighted, the possibility of different forms is noted. The purely earthly history of the modern state is coming to the end and the state will further develop as a cosmic phenomenon

State regulation of space activity by using Blockchain.

This research is aimed at detecting legal and organizational requirements for the Blockchain application in State regulation of space activity. The most precise attention is focused on considering the compliance with the space authorization requirements, ensuring the registration of space objects and the implementation of foreign trade agreements within the space sector of the economy. The research is based on results of the previous in-depth study conducted by the authors, which was dedicated to the legal nature of the DLT (distributed ledger technologies), and in particular its most popular example Blockchain, the basic elements and models of the technology, the main spheres of its application in the framework of space activity in order to guarantee realization of rights and compliance with obligations of public and private space actors in the process of conducting the outer space activities, as well as legislative innovations to regulate the utilization of the Blockchain in different countries, as well as international standards and practices and promising legal mechanisms. Thus, the authors created logical preconditions to cover in this publication the prospects of state regulation of space activities in Ukraine using the Blockchain technology. The authors consider usage of different types of Blockchain ledgers (public ledger with authorized access and with/without special validator) to implement different tasks in the process of regulating space activities, such as guaranteeing fulfillment of conditions of foreign economic agreements on the basis of smart contracts concluded between business entities and for maintaining the state register of space objects. The research proposes several scenarios that are acceptable both in terms of technical characteristics of Blochchain and legal requirements under which a number of central authorities can exercise their powers to regulate space activities using distributed ledger technologies. In addition, the study demonstrates an effective mechanism for ensuring the allocation of responsibility for the registration of space objects between the owners of the launch vehicle and payload to prevent situations when the spacecraft remains unregistered in orbit as a result of non-compliance with contractual obligations or non-inclusion of certain clauses in such agreements. The model agreements between Ukrainian and foreign space actors are proposed to be implemented by governmental institutions and used as a preventing instrument, according to which a conflict of laws can be solved and the state responsible for registering space objects in the Blockchain Network can be defined.

The Concept of Labor Activities in the Hypogravital Space of the Moon. Part 2

The actualization of attention to the Moon with the aim of achieving and involving it in the production and economic turnover of the Earth’s civilization is declared as the prevailing trend in modern space activity by the scientific community. The author was a direct participant in the testing of the crew’s actions on the lunar surface in the framework of the domestic program N1/L3 in 1969-1974. He combines the results obtained at that time with half a century of practical experience in outer space at geo-orbital stations. Also he sets out his views on the content, features and means of labor at the initial stage of moon exploration, and also considers the moon as an object of geopolitics.

Legal Framework of the Space Activity Cybersecurity in the USA: Experience for Ukraine

The article depict the timeline of the development of the cybersecurity legislation in the USA, which divided into two stages. Thefirst one rises as a response to the large-scale terroristic threats in 2001 and lasted until 2014. The second one starts with the massiveand multisectoral cyber incidents and cyber-attacks the US faced in the last five years. In addition, it was analyzed the changes in institutionalstructure aimed to support the cybersecurity in the US and their branched connections with public and private actors. The mainattention was paid to the content of the Memorandum on Space Policy Directive-5 “Cybersecurity Principles for Space Systems”, whichcould be the example of the best law-making practice not only for space actors within the US, but also for law-making actors of allspace-faring nations.The chronology of the elaboration of cybersecurity legislation and the institutional structure of their support in Ukraine analyzedin the second part of this article. On this ground, we observed some weak aspects of national cyber legislation. First is duplication andinconsistency of the basic terms, like “cyberattack”, “critical infrastructure”. The second one is the absence of an approved list of cri -tical infrastructure facilities and clear requirements for conducting an independent information security audit. The third one is by-lawsare aimed primarily at protecting public information resources and do not take into account the requirements for cooperation betweenthe public and private sectors in the protection of critical infrastructure, regardless of its affiliation to any form of ownership.Analysis of the draft law concerned critical infrastructure permits to make a conclusion about coming to the second stage in thedevelopment of cyber legislation in Ukraine, which will enhance the development of particular legislation within to each sector of criticalinfrastructure. In this regard, it is necessary to elaborate legal background for cybersecurity of space activity. For this aim, we supposeas necessary to designate the State Space Agency of Ukraine as a responsible entity in the field of space activities for the specifiedsector of critical infrastructure. Furthermore, the article suggested prescribing plans to protect against cyber threats (cyber attacks orcyber incidents) as one of the necessary documents for obtaining a permit to conduct certain types of space activities.

Legal Framework of the Space Activity Cybersecurity in the USA: Experience for Ukraine

The article depict the timeline of the development of the cybersecurity legislation in the USA, which divided into two stages. Thefirst one rises as a response to the large-scale terroristic threats in 2001 and lasted until 2014. The second one starts with the massiveand multisectoral cyber incidents and cyber-attacks the US faced in the last five years. In addition, it was analyzed the changes in institutionalstructure aimed to support the cybersecurity in the US and their branched connections with public and private actors. The mainattention was paid to the content of the Memorandum on Space Policy Directive-5 “Cybersecurity Principles for Space Systems”, whichcould be the example of the best law-making practice not only for space actors within the US, but also for law-making actors of allspace-faring nations.The chronology of the elaboration of cybersecurity legislation and the institutional structure of their support in Ukraine analyzedin the second part of this article. On this ground, we observed some weak aspects of national cyber legislation. First is duplication andinconsistency of the basic terms, like “cyberattack”, “critical infrastructure”. The second one is the absence of an approved list of cri -tical infrastructure facilities and clear requirements for conducting an independent information security audit. The third one is by-lawsare aimed primarily at protecting public information resources and do not take into account the requirements for cooperation betweenthe public and private sectors in the protection of critical infrastructure, regardless of its affiliation to any form of ownership.Analysis of the draft law concerned critical infrastructure permits to make a conclusion about coming to the second stage in thedevelopment of cyber legislation in Ukraine, which will enhance the development of particular legislation within to each sector of criticalinfrastructure. In this regard, it is necessary to elaborate legal background for cybersecurity of space activity. For this aim, we supposeas necessary to designate the State Space Agency of Ukraine as a responsible entity in the field of space activities for the specifiedsector of critical infrastructure. Furthermore, the article suggested prescribing plans to protect against cyber threats (cyber attacks orcyber incidents) as one of the necessary documents for obtaining a permit to conduct certain types of space activities.