ТЕОРЕТИКО-ПРАВОВІ ПРОБЛЕМИ ВИЗНАЧЕННЯ СУТНОСТІ КІБЕРБЕЗПЕКИ ЯК СКЛАДОВОЇ ІНФОРМАЦІЙНОЇ БЕЗПЕКИ

Abstract

The article is devoted to the theoretical and legal analysis of scientific approaches and legislation of Ukraine on defining the essence of cybersecurity as a component of information security. The solution of this complex problem is important, firstly, for the optimal distribution of functions between the public authorities in the sphere of national security and, secondly for the creation of an effective organizational and legal model in ensuring cybersecurity of Ukraine.However, at present there are no common definitions of the concept of cybersecurity and its place in the national security structure. That leads to contradictions in the provision of current legislation of Ukraine in the sphere of national security. The legal aspect of this problem, taking into account recent changes in Ukrainian legislation, remains insufficiently investigated.The purpose of the article is to clarify the essence of the legal definition of such concept as «cybersecurity», its place in the structure of national security and its correlation with information security. In order to achieve the purpose of the article the author analyzes the basic theoretical approaches to defining the essence of cybersecurity as a component of information security, the definition of the concept of «cybersecurity» in the current regulatory acts of Ukrainian legislation and strategic documents of separate countries of the world.The results of the analysis lead to conclusion that most of the definitions relate to the security of computer systems, telecommunication networks, and information. Besides, the expediency of applying the phrase «security state» in the definition of cybersecurity has been proved. Taking into account the shortcomings of the definition of cybersecurity in the Law of Ukraine «On Basic Principles of Ensuring Cybersecurity of Ukraine» the author offers his own version of definition, free from excess signs and characteristics of cybersecurity.The dominating point of view among the scholars is the recognition of cybersecurity as a component of information security. The author has proved the need to consolidate this fact in special legislation in the sphere of national security.In general, it can be considered that cybersecurity covers only that part of information sphere where information and telecommunication systems are used for information processing. The mostly right approach is that cybersecurity is an important independent sphere of national security and at the same time it is an integral part of other security spheres, in particular, of information sphere, to the extent when other types of national security depend on the realization of cyber threats.