Adaptive Neural Network Method for Detecting Crimes in the Digital Environment to Ensure Human Rights and Support Forensic Investigations

It is noted that digitalization has significantly transformed not only everyday practices and the structure of social relations but also posed a demand for public authorities to implement corresponding changes in the mechanisms of governance and regulation of interactions among members of society. Despite the growing relevance of human rights issues in the digital environment, the institution of human rights has not lost its fundamental role and continues to be a key element of the legal system. The article analyzes modern approaches in legal literature regarding the evolution of key concepts of information law, human rights to access information, trends in legal regulation of information, protection of information rights and information security. An important milestone in the development of the institution of human rights is the adoption of the Universal Declaration of Human Rights, where for the first time in history, fundamental human rights and freedoms were comprehensively enshrined, taking into account the natural, political and social needs and interests of the individual (Individual). It was with the adoption of this document that it was declared that a person, his fundamental rights and freedoms are the main value. The world community sought to cover all possible spheres of social relations (public and private) that a person needs for normal life, enshrining fundamental rights and freedoms. The significance of this international legal act for the «human family» and each individual cannot be denied, but at the same time it can be stated that, adopted three quarters of a century ago, this document does not fully reflect the reality of the present, does not take into account the dynamics of the development of social relations, in particular, does not define human rights in the emerging information society, in the digital space. After all, even the approach to individualization and identification of the person himself is changing, digital profiles of citizens appear, digital passports and other documents are issued, moreover, «cyber people» appear – individuals with implanted subcutaneous microchips (capsules) with NFC (Near Field Communication) technologies, containing information, in particular, about personal and banking data.

The scientific article is an attempt to provide a comprehensive examination of the dimension of the right to information security in international law. It emphasizes that this right occupies an important place within the system of human rights; however, considering modern global challenges, it should be classified among the fundamental natural and legal human and civil rights. While revealing the essence and substantive content of one of the most significant human rights — the right to information – it is noted that alongside it arises another, no less important subjective right: the right to information security, which guarantees stability, the inviolability of private life, and legal protection of the individual in the digital environment. The article presents a thorough analysis of the nature, essence, and content of the right to information security in the context of international law, as well as defines the boundaries of its implementation in the national legislation of Ukraine. It explores key international legal instruments forming the normative foundation for information security protection (the International Covenant on Civil and Political Rights of 1966, the European Convention on Human Rights of 1950, the Budapest Convention on Cybercrime of 2001, and the Declaration of Principles on Building the Information Society of 2003, among others), as well as the practice of international judicial institutions, particularly the European Court of Human Rights, in interpreting this right. It is substantiated that information security, under current conditions of globalization, digitalization, and hybrid threats, constitutes an integral component of the system of national security, legal stability, and human rights protection. Ensuring the right to information security requires a balanced approach between the right to freedom of expression, access to information, and the protection of personal data and privacy. Particular attention is given to the implementation of international standards in Ukraine’s national legal system, including constitutional guarantees (Articles 3, 17, and 32 of the Constitution of Ukraine), the Law of Ukraine “On the Basic Principles of Ensuring Cybersecurity of Ukraine”, and the National Security Strategy of Ukraine. It is emphasized that in the context of the ongoing armed aggression of the Russian Federation against Ukraine, widespread information-psychological operations, and cyberattacks, the right to information security becomes especially relevant for ensuring both the legal status of the individual and the protection of state sovereignty, democratic order, and the resilience of Ukrainian society as a whole.

The article is devoted to the formation of propositions about establishing a digital ombudsman`s institution as a mechanism for effective realization of human information and digital rights. It is emphasized that many cases of violations of human information and digital rights are in practice in modern conditions. In this regard it is necessity to improve the institution mechanism of human information and digital rights providing for safely human`s being in digital and information environments. Author vision of human digital and information rights as interrelated and interdepended human rights categories which define human activity in digital and information environments and provide for several related human rights in any sphere of activity is formed, propositions about establishment of the digital ombudsman`s institution are also proved. This idea was supported by many respondents conducted by an author’s poll. Digital ombudsman`s powers will be included: 1) accepting applications from citizens about human digital and information rights violations; 2) sending citizen`s applications to authorized bodies (if necessary); 3) writing year`s reports about facts human digital and information rights violations and results of elimination of indicated disadvantages; 4) increasing level of digital and information citizen`s knowledge; 5) organization events of legal education for Ukrainian citizens in spheres of digital and information rights; 6) control, coordination and development recommendations of improvement activity of subjects who provide digital and information security of Ukraine; 7) making nationality law base in spheres of digital and information rights according to international standards; 8) developing international cooperation in spheres of human digital and information rights. Kew words: information security, information, information environment, human information rights, human digital rights, digital technologies, digitalization.

The introduction of digital technologies into the sphere of human rights and freedoms is ambiguous, leading to a blurring of established ideas about constitutional human rights and freedoms. In general, all groups of constitutional human rights and freedoms have been digitalized. The use of digital technologies and artificial intelligence has contributed to the creation of new forms of implementation of constitutional rights and freedoms. However, digitalization has also created new threats that can only be neutralized by creating new legal mechanisms. Practice has shown that law as a universal social regulator is applicable to regulating public relations in the digital environment. Spontaneous instruments of self-regulation are not based on basic constitutional principles, including the recognition of human rights and freedoms as the highest value, therefore, they cannot serve as the main source of regulation. In the context of rapidly developing technologies and changing public relations, the importance of constitutional principles, as well as human rights and freedoms, as a basic value, the foundation for building new legal relations in the digital environment and creating new digital rights is increasing. In particular, given the extent of the penetration of digital technologies into the implementation of constitutional human rights and freedoms, it is necessary first of all to legislate the guarantee of human access to the Internet as a condition for the implementation of constitutional rights and freedoms in the digital environment, as well as to supplement the provisions prohibiting discrimination of human rights and freedoms depending on the form of rights and freedoms implementation.

The article considers the legal analysis of the protection of digital rights. The author investigates the legal nature and formation of digital rights, scientific views on understanding the concept and content of digital rights. It is established that digital rights are human rights exercised in the digital environment (usually on the Internet). It is proven that digital rights should be understood as a collective concept for those human rights that are related to digital technologies providing a mechanism for their implementation. It is substantiated that digital rights are divided into absolute digital (exercised exclusively in the digital environment) and partially (relatively) digital (with a dualistic legal nature: can be exercised online and offline). Absolute digital rights are highlighted to include: the right to digital freedom; the right to digital self-determination; the right to access the Internet; the right to be forgotten in the digital environment; the right to an account, the right to a web page; the right to a domain name; the right to a virtual image; the right to cryptocurrency; the right to NFTs, to other virtual assets; the right to personal digital security; the right to a computer program and others (the list is not exhaustive). It is substantiated that the right to digital freedom is the right to freely choose the possibilities of certain behaviour in the digital environment, taking into account the specifics of the websites used. The right to digital self-determination is denoted as the ability of a person to choose the way of his identification (stay) on the Internet, taking into account the capabilities of a specific website, the right to be online or not, the right to stream. The following features of digital rights are singled out: they are exercised in a digital environment, in particular, on the Internet; are extraterritoriality inherent in them; do not exist outside the digital environment (except for partial digital rights, which can be exercised "offline"); are ahead of the relevant legal regulation (since the rights appear and are exercised, and legal regulation of such relations is sometimes absent); arise in connection with the digitalization of society; the dependence of the content of the right on technological progress and the development of innovations that contribute to the emergence of new digital rights or provide new opportunities for the exercise of already existing digital rights; can be property and personal non-property, completely digital and partially (relatively) digital. It is proven that digital rights are a collective concept of those human rights that can be exercised in a digital environment; they combine various rights that have arisen and/or are exercised thanks to digital, information technologies and innovations. Keywords: digital environment, Internet, right to information, copyright, information technologies

The article is devoted to the formation and development of the organizational and legal mechanism for the protection of information rights and human freedoms in Ukraine. It is established that information has become an important resource in modern society, determining the development of not only economic, but also social, cultural and political processes, which creates the need for clear legal regulation of information rights and human freedoms, respectively, the right to access information, its processing and dissemination are fundamental for ensuring democracy and the development of civil society. The article emphasizes that the development of technologies and globalization require constant improvement and adaptation of legal norms related to the protection of information rights of humans, in order to effectively respond to new challenges in the digital environment. The development of the information society is impossible without the development and implementation of relevant legal norms that ensure a balance between freedom of information and the protection of human rights. It is emphasized that the formation and development of the organizational and legal mechanism for the protection of information rights and human freedoms is a necessary component of the legal system of any democratic state that seeks to ensure the protection of fundamental human rights and freedoms, in particular, in the conditions of the development of information technologies. It is determined that the organizational and legal mechanism for the protection of human rights and freedoms encompasses a set of measures, instruments and regulatory legal acts that ensure the implementation, protection and restoration of violated rights in the information sphere. The specific features of the organizational and legal mechanism for the protection of information rights and human freedoms in martial law are highlighted. The prospects for the organizational and legal mechanism for the protection of information rights and human freedoms are determined to be in the improvement of national legal systems, intensification of international cooperation, expansion of human rights institutions, increasing the level of legal awareness of citizens and strengthening law enforcement practice.

Ukrainian society is experiencing active digitalization of all spheres of life – from public administration to private communication. This creates new conditions for the implementation of human rights, but also generates new risks (violation of privacy, illegal access to personal data, manipulation of information flows, etc.). The relevance of studying the mechanism for protecting human rights in the information society is growing due to the lack of unified approaches to defining and protecting information rights, which requires complex legal solutions. The information society is changing the nature of legal relations: access to information, freedom of expression, the right to privacy and protection of personal data are becoming extremely important for the individual, while the complexity of digital technologies affects their practical implementation and protection. Similarly, digital transformations pose challenges for copyright protection, since intellectual property objects are easily copied, reproduced and distributed without proper legal protection. Against this background, there is a need to implement an effective legal protection mechanism that would harmonize the implementation of human rights and copyright protection in the digital environment. Compliance with human rights guarantees and their protection are enshrined in both national and international regulatory acts. Of course, ensuring, implementing, and protecting human rights is an important indicator of every legal state. Fulfilling the task of protecting human rights depends, first of all, on the level of achievements of the country and the mechanisms that exist at the national level. The mechanism for protecting human rights is the relationship between the bearer of the right (a specific person) to protection and the state authority, which is carried out in the procedural regime of implementing law enforcement relations in order to protect subjective rights. The study contributes to the formation of a generalized theory of information human rights as a separate direction of law, which includes the consideration of rights and freedoms in the digital environment, the analysis of the natural and legal limits of their implementation, as well as the modeling of effective protection mechanisms.

In the context of the digital revolution, including the large-scale development and integration of artificial intelligence technologies into social life, human rights (including the rights of children and youth) can no longer be regarded as a static cross-sectoral legal institution. Over the past decade, new «digital human rights» or «human rights in the digital environment» have emerged, while «traditional» human rights have undergone transformation. It is crucial to take this trend into account when creating comprehensive public-law mechanisms for safeguarding human rights and freedoms directly within the digital environment, with the effective use of information (digital) technologies for such protection. The paper presents the results of an analysis of key risks to human rights in the context of the development of artificial intelligence technologies, as well as the specific features of the transformation of «traditional» human rights under these conditions. Particular attention is given to potential vectors of influence that AI technologies may exert on human rights.

Digitalization is a process of transformation of common things to a qualitatively new level relevant to current realities, in which technical progress has affected all spheres of human life. It has particularly also changed the approaches to the implementation of human rights and freedoms. In scientific and practical circles there is an essential discussion concerning so-called “digital” human rights. The need to determine the legal nature of “digital” human rights comes to the fore: are they new human rights or should we talk only about the same recognized rights realized online? The authors of this scientific article share the latter point of view, according to which “digital” human rights do not create new rights but are only a different environment for traditional human rights’ application. In the same vein, the question applies to universal and regional human rights mechanisms, which do not speak about the emergence of new rights but about the expansion of the realization of human rights and their transfer to the online space. At the same time, traditional human rights remain essentially unchanged while specific forms of their implementation in the digital environment appear. Digitalization does not create new, qualitatively different obligations for observing “digital” human rights for States and other subjects of international law. Thus one can positively assert the importance of the development of digital technologies which make it possible to globally expand the scope of human rights and freedoms and create an open space via the Internet which allows faster and more accurate access to information, including human rights, and makes it easier and borderless to communicate and express opinions freely. However, this phenomenon also has negative sides, reflected primarily in the increase of monopolies, both State and private, on the Internet and the related violation of the private life of Internet users.

The article examines the current state of law enforcement in the context of digitalization of social relations and outlines the practical significance of changes in current legislation. It is noted that the most important feature of the development of modern social relations is their digitalization. Digitalization affects all spheres of the legal life of society, including the implementation of law. Today, almost all social relations acquire an information component. And this leads to the emergence of new human rights, such as the human right to create, receive and use digital information of various types, the right to use communication networks and communications (Internet, digital capable of providing instant exchange of digital information), the right to confidentiality of personal information, the right to the inviolability of private information space, etc. It is emphasized that the implementation of law in the context of digitalization is a rather complex process that takes place in the digital environment and is formed taking into account the digital culture and digital literacy of citizens of Ukraine. In this process, the role of the state and its bodies in exercising their powers to protect personal data and the human right to personal inviolability is important. In modern conditions, important parameters for the development of Ukraine as a digital-legal state are the deepening of the digital competence of Ukrainian citizens in order to ensure their readiness to properly use digital opportunities, as well as overcoming the risks that are possible in the digital environment. Also, necessary conditions for the successful implementation of digital technologies in the activities of government bodies are the regulatory and legal support of this process in order to create conditions for ensuring the digital rights of Ukrainian citizens who implement them using digital technologies. It is concluded that in terms of the implementation of human rights in the digital environment, it is precisely “digital culture” that is important as a property of a person that characterizes him as a subject of information activity and determines the attitude to the functioning and development of the information sphere of society. The presence of digital literacy involves the formation of a digital culture of both society and an individual. Key words: law, legal norms, implementation of law, digitalization, digitalization, digital world, human rights, digital rights, digital economy, digital competence, digital literacy, digital culture, legislation, public relations, the rule of law.

Introduction. The use of digital technologies on minors can be assessed in two ways, on the one hand, they bring many benefits (online communication, the use of various research platforms for self-development, free access to information, etc.), on the other hand, they have a negative impact (cyberbullying, cyberfraud), destructive and even illegal content, immersion in the virtual world, digital addiction, etc.). The purpose of this article is to study the implementation of the rights of minors to education in the field of developing a digital educational environment. Materials and methods. The study of the problem of realizing the rights of minors to education using the digital environment was carried out by the method of sociological research, in which 500 respondents aged 13 to 18 years old, students of general and secondary vocational education institutions of the city of Yelets, Lipetsk Region (Russian Federation) took part, who were asked to answer to 6 questions on digital human rights and how to protect them. Results. The study allows us to state that adolescents aged 13 to 18 years have a low level of knowledge about existing digital rights (34%), ways to protect them (58%), negative manifestations in the network (70%), and therefore it is necessary to strengthen information and educational activities by carrying out activities aimed at the formation of a digital culture of underage citizens. Scientific novelty. The results obtained allow us to substantiate the role of the managerial component in the realization of the right to education by underage students in connection with the active introduction of various digital products and technologies into the structure of the educational process. Practical significance. The conducted research makes it possible to identify recommendations for improving the existing model of education management in the context of the digital educational environment and improving the effectiveness of minors' realization of their right to education in the digital educational reality.

By training deep learning models on private and sensitive data, there is a fundamental threat to privacy: the gradient updates that are calculated as part of the stochastic gradient descent may accidentally reveal information about individual training samples.The standard differential privacy (DP-SGD) noise is applied to all the elements of the gradient equally, regardless of the low-frequency generalizable trends and the high-frequency memorization signals.This homogeneous perturbation gives rise to sub-optimal privacy-utility trade-offs, which tends to undermine performance on models without providing adequate protection of sensitive information.We suggest the frequencyselective Wavelet-Domain Privacy SGD (WDP-SGD) a type of differential privacy algorithm that utilizes the inherent difference between generalizable and subject-specific memorization on gradient frequencies in frequency space.Our strategy is the use of specific noise injection: strong perturbation of high frequencies that represent sensitive individual patterns, and the low frequencies that form the knowledge on the population level.We establish formal differential privacy guarantees through Rnyi Differential Privacy (RDP) accounting and validate our methodology using comprehensive attacks on privacy, such as gradient reconstruction, membership inference, and attribute inference.Assessed on sensitive text classification problems with synthetic (generated) data, WDP-SGD is able to achieve 90.7% classification accuracy and uses 40% less privacy budget than a typical DP-SGD.Our model shows 11% membership inference attack success rate compared to 27.8% with uniform-noise methods, with higher model utility.These findings make frequency-selective differential privacy an effective method in training neural networks using sensitive information in such applications as healthcare, finance, and legal text processing.

The development of technologies and the Internet has transformed the fundamental rights and freedoms of citizens. New rights have emerged, such as the right to access the Internet, the right to be forgotten, the right to privacy, etc., so there is a need to consider a new category of rights and freedoms of citizens in the digital environment. The main objective of the study is to define and classify human rights and freedoms in the digital environment and highlight the main threats to human rights in the context of digitalization. Research methods are based on the analysis of a limited number of studies selected according to special parameters and considered comprehensively. Based on the study results, human rights in the digital environment are identified and classified. It is concluded that given the danger of digitization of personal documents, it is necessary to preserve paper documents and recognize the document on paper as the original. To protect the rights and freedoms of citizens in the context of digitalization, it is advisable to introduce a ban on the creation and use of social rating systems that pose a threat to the exercise of the rights and freedoms of citizens. It is also necessary to prohibit the use of personal data identification systems based on indirect signs that are contained in big data about users, which will prevent the calculation of personal data.

An Adaptive Wavelet Frame Neural Network Method for Efficient Reliability Analysis

The scientific article presents a comprehensive theoretical and legal study of the right to be forgotten as a new institution of digital human rights, which is being formed in the conditions of intensive information transformation of society. It is established that digital rights in general and the right to be forgotten in particular do not have a well-established normative definition in Ukrainian legislation, which causes fragmentation of doctrinal approaches and complicates the formation of a holistic policy for the protection of the individual in the digital environment. It is substantiated that, given their interdisciplinary nature, these rights are not subject to traditional classification within the framework of human rights but correspond to the essence of the fifth generation of rights - those aimed at protecting dignity, privacy, reputation and information autonomy in the conditions of a globalized digital space. The study focuses on the legal nature, structure and functional burden of the right to be forgotten. It is emphasized that this right cannot be reduced to a technical operation to erase personal data. It is a broader legal phenomenon that encompasses the ability of a person to control his or her own digital identity, limit the reproduction of irrelevant or excessive information, and to seek the removal of links from search engine results. Its normative evolution is revealed - from the provisions of the 1981 Council of Europe Convention to the practice of the Court of Justice of the EU in the Google Spain case (2014) and incorporation into Article 17 of Regulation (EU) 2016/679. The issue of the lack of normative certainty is raised, and the need for its autonomous regulation beyond the limits of a purely personalized approach to data processing is indicated. A range of key doctrinal approaches to understanding the right to be forgotten is outlined, the positions of V. Mayer-Schonberger, L. Floridi, M. Allegri, who offer different philosophical, ethical and legal approaches to interpreting this phenomenon. The importance of differentiating between the right to privacy, dignity and the right to data confidentiality is emphasized. Attention is drawn to the tension between this right and freedom of expression, which requires constant balancing in the light of the principle of proportionality. The ethical criticism of the institution regarding the risk of turning it into a tool of digital censorship is considered. At the same time, it is shown that the right to be forgotten enjoys public support as a means of restoring the information balance in conditions of growing digital openness. It is summarized that the right to be forgotten should be normatively distinguished as an independent legal institution in the system of digital human rights. The feasibility of its institutionalization as part of the fifth generation of human rights, focused on a new model of interaction between the individual, the state and the digital environment, is argued. It is emphasized that the effective implementation of this right is impossible without clear procedural guarantees, institutional maturity of mechanisms for balancing private and public interests, and normative specification of the boundaries and grounds for its application.