Directions for improving the legal support of special information operations

Abstract

The article is devoted to the definition of problematic aspects and prospects for improving the information and legal support of special information operations (hereinafter - SIO), because currently there is no sufficient legal basis for the development of methodological principles for their implementation. SIOs have a special place in the system of means of counteracting threats to the national security of Ukraine as an independent means of implementing information and psychological measures and as an auxiliary tool in the implementation of political, economic, military and other measures. At the same time, SIOs can be implemented while providing not only information, but also other components of national security, which is a complex and multifaceted phenomenon. As special operations in general, including SIOs, are now considered under Ukrainian law as a form of hostilities, it is virtually impossible to conduct SIOs of a protective nature, including counterintelligence SIOs on the territory of Ukraine. Thus, the current legislation does not provide for conducting SIOs against citizens of Ukraine (except for those who are members of terrorist groups and illegal armed groups), as well as conducting SIOs in Ukraine outside the territory where martial law is imposed, outside the area of anti-terrorist operations or other places (areas) of training and use of the Armed Forces. However, both the intelligence and counterintelligence aspects of SIO are manifested at all stages of SIO, regardless of their direction, offensive or defensive nature. Therefore, the issue of urgent need is to provide the authority to conduct the SIO to the Security Service of Ukraine while depriving it of the status of a military formation, which will ensure compliance with the requirements of Art. 17 of the Constitution of Ukraine, as well as the effective conduct of SIO in the interests not only of defense but also of anti-terrorist, anti-criminal, information and other components of national security of Ukraine. Similar powers should also be given to the intelligence agencies of Ukraine, as well as to other entities of the security and defense sector in accordance with their competence. No less important is the actual normative consolidation of the definition of SIO at the level of law and the construction of a modern model of SIO and the formation of the algorithm for conducting SIO.