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 Tasks and powers of the National police of Ukraine in ensuring information security of the state

2021 ◽  
Vol 10 (37) ◽  
pp. 86-92
Author(s):  
Vitalii Makarchuk
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
The State ◽  
Legal Method ◽  
Modeling And Forecasting ◽  
The Subject ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

The purpose of the article is to examine the role of the National Police of Ukraine in ensuring the information security of Ukraine. The subject of the study: The subject of the study is the competence of the National Police of Ukraine in ensuring the information security of Ukraine. Methodology: Dialectical method, epistemological method, analytical method, formal and legal method, normative and dogmatic method, the methods of legal modeling and forecasting were used in the research. The results of the study: The definition of “information security” and “cyber security” is provided. The main factors that negatively affect the information space in Ukraine, as well as current threats to Ukraine’s national security in the information sphere are identified. Practical implications: It is established that the number of crimes in the information sphere is growing every year. In this regard, the task of the National Police is to combat crimes and other offenses in this area, as well as to protect relevant rights and freedoms of citizens, society and the State. Value/originality: The tasks and powers in the area of information security protection of the National Police in general and the Department of Cyber Security, in particular, are defined.

scholarly journals SAFE APPROACH IN LEGAL REGULATION OF INFORMATION RELATIONS

2021 ◽  
Vol 77 (4) ◽  
pp. 116-126
Author(s):  
Mykola Veselov ◽  
◽  
Tetyana Rekunenko ◽  
Daria Volkova ◽  
◽  
...  
Keyword(s):  
Information Security ◽  
Public Relations ◽  
National Security ◽  
Modern Science ◽  
Legal Regulation ◽  
Human Society ◽  
Analysis And Synthesis ◽  
Basic Approaches ◽  
Definition Of ◽  
Definition Of Information

Due to the process of informatization, systemic changes are taking place, according to which all spheres of activity of state institutions, all segments of society, and each individual are included in the global information space. This determines the need to ensure the reliability and security of information relations, which is achieved in particular through the mechanism of effective and strategic legal regulation. Information security in the conceptual and key legal documents of many states is seen as an important component of national security. New challenges to security and human rights in the field of information relations generate pressing issues that need further scientific study and solution. The article contains a compilation of views available in modern science on the understanding of basic concepts: "information", "information relations", "information security", as well as basic approaches to formulating the definition of information security. Due to the combination of general scientific and special methods of cognition, in particular dialectical, formal-legal, comparative analysis and synthesis, the publication substantiates the importance and specificity of the "security" approach in regulating information relations to achieve information security in the country. This approach is that, providing a legal assessment and, including certain public relations related to the circulation of information in the regulatory sphere, the legislator and other subjects of rule-making together with relevant professionals should pre-conduct a "safe" examination to identify and predicting all possible threats to the information security that may arise or already de facto exist in practice. The results of such expert research should be taken into account when choosing methods and forms of legal regulation of existing and new information relations. Information sphere and its separate elements make it possible to indirect influence on social, economic, political, spiritual and other spheres of life of human society. Therefore, the fact that does not require additional proof is that information security is a guarantee of providing other components of state security and national security as a whole.

scholarly journals CURRENT ISSUES OF INFORMATION SECURITY IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

2020 ◽  
pp. 183-190
Author(s):  
І. Є. Іванов
Keyword(s):  
Information Systems ◽  
Law Enforcement ◽  
Information Security ◽  
Information Technologies ◽  
Public Information ◽  
Information Protection ◽  
The Law ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

The article considers topical issues of information security in the activities of the National Police of Ukraine. It is determined that the main problem of information security in the law enforcement sphere arose due to the global contradiction between the possibilities of information technologies and the threats of their use. The settlement of the existing public information relations alone is insufficient, as the legislation does not keep pace with technical progress. The definition of "information security" is considered and the author's definition of this concept is offered. The main normative legal acts regulating the activity of the National Police in this direction are analyzed. It is stated that information security of the National Police of Ukraine is provided in two forms: organizational (related to the circulation, collection, processing, storage, use and protection of information); legal (preparation and approval of regulations (orders, instructions), development of regulations, instructions, algorithms, plans, etc.). The key to information protection is the administration of information systems. The European experience of information protection in the law enforcement sphere is considered. Attention is drawn to the need to implement a system of modern international information security standards ISO / IES series 27000, which is constantly updated. It is theoretically substantiated that: increasing the efficiency of the National Police of Ukraine can be solved through the introduction of a reliable information security system; to achieve the highest level of information security of law enforcement agencies it is necessary not only to improve the current legislation, but also to have a mechanism for its implementation; Security and protection in the information systems of the National Police should be based on a comprehensive approach to building a protection system, which provides for the integration into a single set of necessary measures and means of information protection at all levels of the information system.

Legal regulation of financial control over the activities of business entities

2020 ◽  
pp. 71-77
Author(s):  
Anna Kolisnyk
Keyword(s):  
Legal Status ◽  
Developed Countries ◽  
Legal Regulation ◽  
Financial Control ◽  
Main Body ◽  
Current State ◽  
Effective System ◽  
Business Entities ◽  
Definition Of ◽  
The Relationship

Problem setting. In the context of the ongoing European integration processes, the issue of creating a modern, optimal and effective system of measures of state financial control over the activities of economic entities is becoming increasingly important for Ukraine. First of all, it is necessary to clearly and coherently regulate public financial control, in particular, its types, methods, forms, procedures, as well as the legal status of public financial control in order to prevent violations of financial legislation by economic entities and promote harmonization of the national economy. with the economic systems of other developed countries. Analysis of recent research. Some problems of legal regulation of state financial control have been studied by such scientists as: L. Voronova, O. Grachova, O. Dmytryk, M. Kucheryavenko, T. Latkovska, O. Semchyk etc. At the same time, as we have already noted, the imperfection of legislative regulation (the presence of conflicts and gaps in the regulation of public financial control), the imperfection of the system of public financial control and other factors necessitate further research and proposals for improving existing legislation. in this area. Thus, the purpose of this article is to analyze the current state of legal regulation of public financial control in Ukraine. Article’s main body. The article considers the legal regulation of financial control over the activities of economic entities in Ukraine. The need to improve the current legislation in the field of financial control was emphasized. It was emphasized that the legislator now prohibits tax audits for all taxpayers, regardless of their division into large, small and medium. Excluding large taxpayers from the list of taxpayers covered by the moratorium during the quarantine period without available grounds, in fact, violates the principles of tax law. Conclusions. It is emphasized that the relationship between business entities and regulatory authorities should be as flexible as possible and implemented in the form of public-private partnership. It is proposed to amend Art. 26 of the Budget Code of Ukraine and to consolidate the definition of “control over compliance with budget legislation”, as well as to determine the forms (methods) of its implementation.

scholarly journals Legal regulation of practices of the police as an entity in charge of preventing and combating corruption in Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 735-755
Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina
Keyword(s):  
Regression Analysis ◽  
National Security ◽  
Legal Status ◽  
Legal Regulation ◽  
Analysis Method ◽  
The World ◽  
Comprehensive Development ◽  
Definition Of ◽  
National Police ◽  
Police Practices

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".

scholarly journals PROTECTION OF THE HONOR AND DIGNITY OF NATIONAL POLICE EMPLOYEES

2021 ◽  
Vol 76 (3) ◽  
pp. 62-68
Author(s):  
Albina Batechko ◽  
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Social Group ◽  
Self Esteem ◽  
Public Order ◽  
Personal Safety ◽  
External Assessment ◽  
Current State ◽  
Definition Of ◽  
National Police

The article is devoted to the study of the peculiarities of the protection of the honor and dignity of the National Police of Ukraine. The notion of honor and dignity of a police officer is considered and analyzed. The author revealed the meaning of the terms «dignity» and «honor» and provided a definition of honor and dignity of police officers within the independence of these terms and pointed out the main difference between these concepts. The article identifies the current state of national and international legislation on the protection of honor and dignity. The main characteristics and indicators of professional honor and decent behavior of a police officer are given. It is noted that the real protection of the honor and dignity of police officers in practice is virtually ignored and, according to current statistics, offenses against the honor and dignity of police officers are indicators of latent crime. The experience of European countries, namely Poland and France on the mechanism of protection of personal safety and security of police officers is considered. The main provisions of the draft Law of Ukraine «On Amendments to the Code of Administrative Offenses of Ukraine to protect the honor and dignity of employees of the National Police of Ukraine, members of public formations for the protection of public order and the state border and servicemen» № 5050. It has been found that the honor of the police officer is a directly external assessment of the police officer from the society or the relevant social group, which characterizes the moral appearance of the entire personnel of the bodies and units of the National Police of Ukraine. The dignity of the police officer is the internal self-esteem of police officers as a moral personality that is significant for the environment, for society, and determining the significance of the police as a professional based on its achievements, self-esteem. The protection of the honor and dignity of the police as a citizen of Ukraine is carried out on general grounds and does not guarantee a certain level of protection during the execution of police officers.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

scholarly journals Theoretical-legal analysis of the provisions of encouragement of civil servants

2020 ◽  
pp. 71-75
Author(s):  
O.V. Seletskyi
Keyword(s):  
Civil Service ◽  
Civil Servant ◽  
Legal Regulation ◽  
Civil Servants ◽  
Legal Analysis ◽  
Professional Activities ◽  
Public Recognition ◽  
Definition Of ◽  
Correct Understanding ◽  
State Body

One of the main factors for ensuring effective and honest work of civil servants is the formation of proper motivation and remuneration for the performance of tasks. Officials, along with other employees, strive public recognition of the results of their work. Encouragement of civil servants promotes the development of initiative, responsibility, confidence in their actions, a conscious attitude to work, mobilization to overcome difficulties and increase their credibility. Measures of material and moral support of civil servants help to realize the correct understanding of their labor obovyazkiv, helps to increase labor activity and improve the performance of the state body. The article analyzes the views of scholars on the interpretation of such a legal category as "encouragement". The provisions of the Law of Ukraine "On Civil Service" and bylaws regulating the grounds, types and procedure for applying incentives to civil servants are analyzed. It is established that the following types of incentives can be applied to civil servants: 1) announcement of gratitude; 2) awarding a diploma, a diploma, other departmental awards of a state body; 3) early assignment of the rank of civil servant; 4) presentation for awarding by government honors and awarding with a government award (congratulatory letter, thanks, diploma); 5) submission for state awards. The author proposes to expand the existing list of types of incentives for civil servants with such incentives as rewarding with a valuable gift and paying a bonus. The article also draws attention to the imperfections of the legal regulation of the procedure for applying certain types of incentives in the civil service. The author's definition of the term "encouragement of a civil servant" is proposed. It is concluded that the incentives for civil servants play an important role in enhancing their professional activities and are aimed at forming in them a conscientious attitude to work. However, some issues in this area still need significant refinement at the legislative level.

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