Удосконалення чинного інформаційного законодавства України як необхідна умова адекватності заходів щодо забезпечення інформаційної безпеки держави

Abstract

Quitting the requirements of the article of a 17 Constitution of Ukraine, main essence of informative policy of the state must be providing of it informative safety in accordance with determination which is resulted in Law of Ukraine “On information”. At the same time, the conducted analysis of current informative legislation ofUkrainetestifies to imperfection of national mechanisms of providing of informative safety, which the ambiguous is underpaid and here and there inadequate concept and category vehicle of this important industry of government activity. Calculation examples of it are, in particular, in such important for an informative sphere documents as Laws of Ukraine “On information”, “About telecommunications”, “About basic principles of providing of Cybernetic safetyUkraine”, Strategy of national safety ofUkraine, Strategy of Cybernetic safetyUkraine, Doctrine of informative safety ofUkraineand others like that. By investigation of it both theoretical and practical, activity lose one's bearing, that results in the arbitrary understanding and use of terms, them situation modification, ignoring, in the cases when such inadvisable. It resulted in the arbitrary understanding of both public informative policy and essence of information defense of the state, on the whole, that, in same queue, harms becoming and development of theoretical bases in relation to providing of information defense of the state, and also adequacy of realization of the proper practical measures. Other reason of the uncertain state in relation to providing of information defense ofUkrainewas become by that until now, without regard to a constitutional norm, it is not yet accepted scope law which basic concepts and position in relation to information defense of the state became firmly established. It on the whole breaks unifying processes and providing of their adequacy and in a theoretical river-bed, and in directions of practice. With the purpose of improvement of the system of providing of informative safety of the state in the article grounded adequate determinations for an existent informative legislation and offered terms for a new scope bill in relation to providing of informative safety of Ukraine. These changes are mainly terminology, after essence is derivatives from fundamental concept “information”, does not conflict with it and to each other, have system intercommunication. On their basis it can be improved other positions of afore-named Laws of Ukraine, and also other normatively legal acts of the state, which regulate an informative sphere, what their meeting the requirement of Constitution of Ukraine will be attained in relation to providing of information defense of the state and, accordingly, adequacy of all next actions in this industry.