Legal regulation of cybersecurity in the USA and Ukraine: comparative legal aspects
Students Name: Yakubovskyi Volodymyr Volodymyrovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Yakubovskyi V.V., Radeyko R.I. (supervisor). Legal regulation of cybersecurity in the USA and Ukraine: comparative legal aspects. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. Security in the information space is becoming one of the main priorities of Ukraine. There are new challenges in the field of telecommunications and the Internet. The state needs an effective mechanism to counter threats in the digital space. It is especially acute in the context of a hybrid war with Russia, where cyberspace is one of the main elements of the confrontation. The current situation in the modern world cyberspace around Ukraine requires the adoption of adequate countermeasures so that potential competitors can not gain and gain an information advantage over Ukraine in both peacetime and wartime [1]. The «National Security Strategy of Ukraine» provides a distinction between the concepts of cybersecurity and information security by identifying threats to information security and threats to cybersecurity and security of information resources [2]. Thus, threats to information security include waging an information war against Ukraine; lack of a holistic communication policy of the state, insufficient level of media culture of society. Threats to cybersecurity and security of information resources are identified in the vulnerability of critical infrastructure, public information resources to cyberattacks, as well as in the physical and moral obsolescence of the system of protection of state secrets and other types of information with limited access [1]. The European Community notes that network and information security is already becoming the main factor in the development of the information society. First of all, networks and information systems contain confidential data and economically valuable information, which increases the incentive for attacks. Attacks on information systems can have sufficient consequences, such as communication system failures, leaks of confidential information [3]. An important and significant document was the adoption of the Cyber Security Strategy of Ukraine. The purpose of the Cyber Security Strategy of Ukraine is to create conditions for the safe functioning of cyberspace, its use in the interests of the individual, society, and the state [4]. The document identifies the main threats to cybersecurity, priorities, and areas of its provision. The act identifies the main threats to cybersecurity, priorities, and spaces of its action. It is defined by conceptual provisions, which indicate that public cybersecurity policy should have an aim at achieving compatibility with relevant EU and NATO standards. The strategy envisages concrete steps to build a national system to ensure the protection of cyberspace, timely detection and neutralization of cyber threats, as well as their prevention, taking into account the practice of leading NATO and EU member states [5]. Many other important issues are not resolved today: no list with information and telecommunication systems of critical infrastructure, no secure data center for public authorities, no major indicators of the state of cybersecurity and indicators of the effectiveness of the Cybersecurity Strategy of Ukraine, single cybersecurity detection system and information (data) exchange platform between cybersecurity entities have not been created, etc. The purpose of the study is to determine the main features of the functioning of the institute of cybersecurity in Ukraine, as well as to determine the methods of improving the functioning of this institute, following international trends in cybersecurity. The object of study – legal relations in the public sphere that arise between the state and other subjects of law in connection with the use of cyberspace. The subject of research – theoretical and practical aspects of the application of national legislation of Ukraine, as well as international legal acts to regulation of relations in cyberspace. Keywords: cybersecurity, information security, cyberspace, information society, cybersecurity strategy, cyber threat. References 1. A.V. Foros, V.S. Zhoghov Features of tracking of the concept “cybersecurity” in the contemporary legal science. Legal state. 2019. № 33. P. 128–134. 2. On the National Security Strategy of Ukraine [Electronic resource]: Presidential Decree of 06.05.2015 № 287/2015. URL: https://zakon.rada.gov.ua/laws/show/n0005525-20#Text. 3. A.V. Voytsikhovkyy Cyber Security as an Important Component for the Ensuring the National Security of European Countries. Journal of Eastern European Law. 2018. № 53. P. 26–37. 4. On the Cyber Security Strategy of Ukraine: Presidential Decree of 15.03.2016. № 96/2016. URL: https://zakon.rada.gov.ua/laws. 5. Valyushko I. O. Cybersecurity of Ukraine: scientific and practical dimensions of modernity //Bulletin of the National Technical University of Ukraine «Kyiv Polytechnic Institute». Politology. Sociology. Law. – 2016. – № 3-4. P. 117–124.