Advanced Space Law (Jun 2021)
Basic Principles of Public Administration of Critical Information Infrastructure: the Example of Ukraine
Abstract
The article considers the issues of stability of critical information infrastructures (CII), based on the analysis of current domestic legislation in the field of national security in general and cybersecurity – in particular, highlights the basic principles of administrative and legal support for the stability of critical information infrastructures. It is determined that the principles are enshrined in legal norms to establish a coordinate system in a particular area for its proper functioning. The analysis of the legal literature showed that most of the authors who studied the principles of administrative and legal support of a particular area, the main characteristics of these principles include: principles; defined in regulations; which create conditions; on which any activity is based; which is regulated and regulated. The analyzed regulations allow us to conclude that the activities in the field of protection of CII are based on a system of principles, which includes both general and special principles. However, we are interested only in the set of principles that regulate the sustainability of CII and not only their protection. To such a system, we include the following principles: the rule of law and respect for human and civil rights and freedoms; ensuring the national interests of Ukraine; openness, accessibility, stability and security; public-private partnership; proportionality and adequacy of protection measures to real and potential risks; priority of precautionary measures; objectivity and legal certainty of CII objects; standardization of procedures and standardization of technical requirements; cooperation and interaction. The author, under the system of principles of administrative and legal support for the stability of critical information infrastructure, means a set of basic guidelines that take into account the interests of man, society and state, based on which public policy is formed, which allows critical information infrastructure to withstand threats, recover quickly from violations functioning.
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