Protection Of National Security Research Articles

Securitizing cyberspace: Protecting political judgment

The contemporary debate in democracies routinely refers to online misinformation, disinformation, and deception, as security-issues in need of urgent attention. Despite this pervasive discourse, however, policymakers often appear incapable of articulating what security means in this context. This paper argues that we must understand the unique practical and normative challenges to security actualized by such online information threats, when they arise in a democratic context. Investigating security-making in the nexus between technology and national security through the concept of “cybersovereignty,” the paper highlights a shared blind spot in the envisaged protection of national security and democracy in cyberspace. Failing to consider the implications of non-territoriality in cyberspace, the “cybersovereign” approach runs into a cul de sac. Security-making, when understood as the continuous constitution of “cybersovereign” boundaries presumes the existence of a legitimate securitizing actor; however, this actor can only be legitimate as a product of pre-existing boundaries. In response to the problems outlined, the article proposes an alternative object of protection in the form of human judgment and, specifically, “political judgment” in the Arendtian sense. The turn to political judgment offers a conceptualization of security that can account for contemporary policy practises in relation to security and the online information threat, as well as for the human communicating subject in the interactive and essentially incomplete information and communication environment.

Constitutional Restriction on Human Rights and Freedoms in the Development of Liberal Democracy in Europe

This article is dedicated to the constitutional restrictions on human rights and freedoms within the genesis and development of liberal democracy. The article argues that European countries implement the provisions of the ECHR in various ways regarding the application of restrictions of rights and freedoms in their own national legal systems in order to support: 1) the state and public security or economic well-being of the country; 2) the prevention of riots or crimes; 3) health or morals or for the purpose of protecting the rights and freedoms of others; 4) the protection of national security or territorial integrity; 5) protecting the reputation of others; 6) the prevention of disclosure of confidential information; 7) maintaining the authority and impartiality of judicial authorities. The research defines a common feature of all constitutional restrictions of human rights and freedoms within the European countries’ application, taking into account the objective circumstances necessary in a democratic society. The authors underline that under no circumstances should the restrictions distort the essence of human rights and freedoms that fall under such derogations. The article underlines that the restrictions on human rights and freedoms are a necessary component of the legal system of any state and modern society. Such restrictions should be of a legal nature and should be imposed only in accordance with the general interest – national security, law and order, the protection of moral norms, and the protection of the rights and freedoms of other persons when the right of another person in a legitimate balance prevails. The emergence of challenges to human rights does not negate their effectiveness, and they continue to operate, which testifies to their effectiveness and guarantees the inviolability of the rule of law principle when resolving specific cases on human rights restrictions.

Sigurnosno osjetljivi podaci država članica u praksi Suda Europske unije

Praksa Suda EU-a nije pratila normativnu izdvojenost koncepta nacionalne sigurnosti u odnosu na pravo Europske unije. Sud EU-a tim se pitanjem bavio prvo posredno, a zatim izravno, balansirajući interese nacionalnih sigurnosti država članica s jedne strane te prava koja jamči pravni sustav Europske unije s druge. Važan je zaključak prakse Suda EU-a u takvim slučajevima bio da činjenica da se neka odluka tiče nacionalne sigurnosti države članice ne dovodi sama po sebi do neprimjene prava Europske unije. Najnovijom praksom Sud EU-a prekoračio je dodijeljene mu ovlasti te lišio učinka treću rečenicu čl. 4/2. UEU-a prema kojoj nacionalna sigurnost posebice ostaje isključiva odgovornost svake države članice. Umjesto da se vodio praksom ESLJP-a i postavio određene uvjete nacionalnim zakonodavstvima koja uređuju prikupljanje podataka i postupanja sigurnosnih služba, Sud EU-a praktički je onemogućio učinkovito izvršavanje obveza država članica u vezi s očuvanjem nacionalne sigurnosti.

Executive Accountability and National Security

AbstractThe protection of national security has traditionally been an exception to general norms of public accountability, based on prerogative powers. The last three decades have seen efforts to bring national security closer to the normal constitutional control mechanisms of parliament and the courts. The design of and changes to mechanisms of accountability have, however, been accepted without discussion of the often narrower purposes for which they were first established (most notably for oversight of surveillance), the extent of their departure from constitutional principles, or their impact in embedding new forms of exceptionalism in the constitutional framework. This article critically assesses these developments, prompted for example by the Law Commission's recommendations to reform official secrets laws, which adopted trusted intermediary and indirect accountability models without full consideration of historical and contemporary concerns or the exceptionalism on which they were based. Though focused on the UK, our account provides a cautionary tale for national security law reform in any modern democracy.

Targeted Killings: Ethical & Operational Dilemmas

ABSTRACT The use of targeted killings as a counterterrorism strategy requires a well-calculated decision-making process. While targeted killings can be beneficial for the protection of national security, they might as well result in a “Boomerang Effect,” counterproductively increasing terrorists’ support and motivation to perpetrate other attacks. Which key ethical and operational questions should be asked to evaluate whether it is “worthwhile” to carry out a targeted killing operation? With special emphasis on the Israeli case study, this article draws an ethical paradigm to assess the legality and legitimacy of targeted killings. In addition, it presents six different quantitative and qualitative indexes that reflect potential benefits stemming from a targeted killing activity. These include (1) thwarting attacks; (2) damaging the organization’s activity; (3) morale effect; (4) deterrence; (5) changing the organization’s strategic decisions; and (6) the eradication of the organization. Finally, this “effectiveness model” suggests four criteria to examine the costs of the targeted killing activity over the short, medium and long terms.

The construction of threats by intelligence agencies: analysing the language of official documents in Slovakia

ABSTRACT Intelligence agencies play a prominent role in the production of knowledge about national security threats and their evaluation. This function is not just a value-neutral technical activity, but a social and political action. The purpose of this article is to explore the ways in which the Slovak Information Service, an intelligence agency responsible for the protection of national security, discursively constructs security threats and assigns enemy images to specific actors. The analysis was conducted on the publicly available parts of the agency’s Annual Reports. It utilised qualitative document analysis, supplemented by quantitative analysis of the frequency of use of specific keywords. The analysis, which identified the main threats connected to internal security, is constructed in a manner which connects terrorism with migration and the Muslim faith, assigning terror identities to specific groups. The agency’s constructions of internal threats were also utilised in the political discourse. Moreover, securitisation rhetoric was used in connection to the movements promoting human rights and fighting fascism, labelling them as left-wing extremists. In the field of foreign threats, their construction depends on both international developments and domestic political dynamics.

What Will Happen with the Hong Kong Stock Exchange After 2047?

The author analyzes the history of Hong Kong Exchanges and Clearing Limited (HKEX) development and the possible consequences of Hong Kong autonomy liquidation. Since Hong Kong’s economy is based on free-market principles and is notable for low taxation and state non-interference, the stock exchange is one of the main institutions contributing to the economic development of Hong Kong as a special administrative region. Since the beginning of the 21st century, the Chinese authorities have made active attempts to change the special autonomous status of Hong Kong. In 2003, mainland Chinese authorities tried to promote the Law on Protection of National Security. The initiative drew criticism from Hong Kong residents and led to large-scale protests. A wave of protests in Hong Kong in 2014 was provoked by Beijing’s attempt to control local elections in the autonomous region. In 2019, the PRC government attempted to pass an extradition law, which triggered a new wave of social tension. Beijing’s interventions affected the Hong Kong Stock Exchange Index and the economic health of the special administrative region. There are known cases in which the fall of a major stock index led to economic collapse. For example, the 1929 stock market crash, known as the Wall Street crash, caused the Great Depression in the United States, while the Dow Jones index drop of October 19, 1987, also had influence on the world economy by affecting the stock indices of other countries. In recent years, it has become increasingly difficult to separate Hong Kong’s political autonomy from its economic strength. The current “one country — two systems” policy ensures the status quo for Hong Kong’s stock exchange and prevents Beijing from regulating it. But the abolition of autonomy in 2047 will entail not only political but also economic changes that could affect all of Hong Kong’s financial structures.

The concept of hate speech as a threat to the information security of Internet communication

The article is devoted to a comprehensive examination of the hate speech phenomenon in the aspect of legal and linguistic support for countering the information threats of Internet communication. The legal and linguistic analysis of the concept of “hate speech” is carried out by the authors according to the approaches of the European Court of Human Rights in the context of human rights and freedoms, as well as the protection of national security, constitutional order, public order, health and morality of the population. Verbal extremism as a criminalized part of hate speech is considered in the article from the standpoint of Russian, international and foreign legislation. The authors also analyzed the correlation of the following legal phenomena in international law: verbal religious extremism, insulting the feelings of believers, blasphemy and defamation of religions. The analysis of the scientists’ positions regarding the concept of “hate speech” and its criminalized part — verbal extremism: the analysis of the legal positions of the European Court of Human Rights, the Council of Europe, the United Nations, the Parliamentary Assembly of the Council of Europe regarding what kind of speech acts should be criminally punishable; as well as the analysis of the elements of crimes covered by the concept of “hate speech” in the criminal law of foreign states allowed the authors to formulate a list of features corresponding to extremist speech acts.

АНАЛІЗ СУЧАСНИХ ЗАГРОЗ ІНФОРМАЦІЙНІЙ БЕЗПЕЦІ ДЕРЖАВИ

In today's world it is difficult to imagine a person who would be deprived of access to information resources, because informatization has penetrated into all spheres of public life, is one of the factors of effective socio-economic, cultural and spiritual development of everyone in the future. Along with development, the information sphere also has a threat, which is a key element in the hybrid war against Ukraine, the real threat of which is not only inciting citizens, but also creating real threats to national security throughout the country. The next decades for all countries of the world will be conditioned by specific tests and development of information and communication technologies. Each country has its own laws, customs, traditions, norms of behavior and ideological values. Therefore, one of the main tasks among people, organizations and throughout the country is the protection of national security and protection of the information space is the basis for ensuring information security. Faster formation of an informatized society, its spread and rooting becomes especially important in solving information security problems. Unlike other spheres of life, information does not exist for the purpose of potential earnings, as the sphere needs significant investments to protect institutions from losses associated with the leakage of information resources. Given all the factors - threats to information security are quite common, due to the fact that criminals find vulnerabilities that can damage information resources. Citizens' mobility is daily, but not all users care about the protection of personal data, their safety and inviolability. Scientists from around the world have studied existing threats, but not everyone has been able to make a clear division of threats and their prevention, which is why the chosen research topic is relevant and needs detailed study and practical solutions. The development and implementation of practical measures to combat information security threats is possible through the constant interaction of all subjects of information interaction with public authorities, as discussed in the article. The purpose of the article is to analyze the current threats to information security of the state in the context of ensuring the national security of Ukraine.

К ВОПРОСУ ОБ ИЗМЕНЕНИЯХ В СТРАТЕГИИ НАЦИОНАЛЬНОЙ БЕЗОПАСНОСТИ РОССИЙСКОЙ ФЕДЕРАЦИИ 2021 ГОДА

The paper considers a number of changes made to the Strategy of the Russian Federation National Security, which was approved by the Decree of the President of the Russian Federation on July 2, 2021, in comparison with the previous strategy approved in 2015. The study is important since a new strategy has been recently enacted, and a uniform understanding of the key concepts reflected in this document seems essential. Some issues related to the fixed definitions of such concepts as “national security of the Russian Federation”, “national interests of the Russian Federation”, “strategic national priorities of the Russian Federation”, “national security protection”, “threat to national security”, “national security protection system” are analyzed. The study compares the definition of the concept “national security” fixed in the Strategy of the Russian Federation National Security, which was approved in 2021, with the options for other definitions given in the similar documents that were previously in force in Russia during the post-Soviet period of Russian history. The study additionally focuses on the transformation of national interests of the Russian Federation, which are enlisted in the recent strategy. In particular, the paper discusses the wording “saving the people of Russia, developing human potential, improving the quality of life and the well-being of citizens”. The author emphasizes that undervaluation of the strategic importance of the social sphere as a security factor in the course of economic and political reforms may cause threat of loss of citizens’ confidence in government officials, which, under certain conditions, can lead society and the country to a constitutional crisis and the collapse of federal status.

ТРАНСФОРМАЦИЯ ВНЕШНЕТОРГОВОЙ ПОЛИТИКИ НА ФОНЕ ПАНДЕМИИ COVID-19

The ongoing coronavirus pandemic has seriously affected the international investment policies of the G20 countries. There has been a growing trend to introduce measures with reference to the protection of national security aiming at countering threats that may be associated with foreign investment. Given the role of international investment in alleviating the economic crisis, governments should continue to improve the investment climate while protecting their national security interests.

The right to return to one's country in Africa: Article 12(2) of the African Charter on Human and Peoples' Rights

SUMMARY At the height of the COVID-19 pandemic many African countries barred people, including citizens and foreign nationals, from entering or leaving their territories. This was the case although article 12(2) of the African Charter on Human and Peoples' Rights provides that '[ejvery individual shall have the right to leave any country including his own, and to return to his country'. However, article 12(2) also provides that '[t]his right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality'. Article 12(2) of the African Charter provides for the rights both to leave and to return to one's country. In this article the discussion is limited to the right to return. Unlike other regional human rights treaties in Europe, the Americas and the Arab world where the right to return to or enter one's country is reserved for citizens only, the African Charter does not expressly limit this right to citizens. This raises the question of whether the right to return to one's country is reserved for citizens or nationals only. In answering this question, one of two arguments could be made. The first argument is that the right to return under article 12(2) is reserved for citizens only (the strict approach). The second argument is that it is applicable to both citizens and to a few categories of foreign nationals (the broader approach). The jurisprudence of the African Commission and the African Court shows that these bodies have adopted the strict approach. This could be attributed to the fact that the communications they have so far dealt with have been filed by citizens (de jure or de facto,) or on behalf of citizens. However, these bodies are likely to adopt a broad approach should the facts of the case(s) so require. In the constitutions of most African countries, states have also taken a strict approach. This article explains why it is better to take a broader approach when dealing with article 12(2) of the African Charter. This argument is made by partly comparing and contrasting article 12(2) of the African Charter with other regional and international instruments that protect the right to return. The article also demonstrates how the right to enter or return to one's county has been approached in the constitutions of different African countries. Key words: return; article 12(2); African Charter; one's country; entry; African Court; African Commission

PUBLIC ADMINISTRATION IN NATIONAL SECURITY PROTECTION: THE USA EXPERIENCE FOR UKRAINE

The article analyzes the experience of public administration in national security protection of the United States, and also identifies aspects that need to be implemented in the formation of state policy in Ukraine in the field of national security. In the course of the analysis, the concept of a decision-making and decision-making mechanism and also the management process in the national security system were considered. An algorithm for the decision-making process was outlined. Requirements for management decisions in the field of national security. The information system for ensuring national security was characterized.

National Security Strategy of Ukraine

Creating appropriate conditions for a stable development of the individual, society and state, and simultaneously providing a high level of protection of national interests, has been identified as a priority of the Ukrainian national security policy. The Ukrainian state ought to review all challenges and threats and adopt a new national security strategy. Current circumstances require the National Security Strategy of Ukraine of 2015 to become an integral functional element of the security and defence sector. The National Security Strategy has to become an open and mandatory document developed solely for the practical purpose of comprehensive protection of national security and territorial integrity of Ukraine. The implementation of these priorities is to be ensured through the restoration of peace and state sovereignty in the temporarily occupied territories of Donetsk and Luhansk regions, by implementing a complex set of international, legal, political, diplomatic, security, humanitarian, and economic measures. The key implementation goal should focus on the establishment of the principles of safe and legal country, free in its choice of domestic and foreign political options and development tendencies. External threats are rather more dangerous than internal, but the content of geopolitical security is primarily based on the organic combination of external and internal security. The imperfection of national security legislation and the low efficiency of its implementation are the reason for malfunctioning of the defence sector, which makes ensuring the full realization of national interests impossible.

Poviat Crisis Management Center as an Element of the National Security System

Background: Ensuring national security is one of the priority tasks of state authorities. At the poviat level, Poviat Crisis Management Centers occupy a special place in the implementation of this task. Objectives: The purpose of the article is to show the importance of the Poviat Crisis Management Center in the national security system. Methods: The place of the Poviat Crisis Management Center in the national security protection system was determined on the basis of an analysis of the literature on the subject. Conclusions: The Poviat Crisis Management Center plays a key role in anti-crisis activities at the poviat level.

Takeover Bids in Europe in Times of a World-wide Pandemic Threat: A Delicate Balance Between the Fundamental Freedoms and the Protection of Europe’s and the Member States’ Strategic Assets

This paper explores takeover bids in Europe in times of the COVID-19 pandemic. The search for a balance between maintaining the open market as a European achievement and the protection of national security and public order is not a new phenomenon. This search is not easy with the future FDI Regulation and will raise additional questions.The FDI Regulation became very concrete thanks to the COVID-19 pandemic: At the beginning of the crisis, the Commission presented a Communication setting out guidelines for FDI to be applied prior to the regulation.

Structural transformation in management of the enterprises of military-industrial complex

The article deals with the features of financing and the possibility of restructuring management of the military-industrial complex. With the improvement of weapons and military equipment, there is a need to rationalize the management bodies and increase military and economic efficiency. The work proposes a model of structural transformation in the management of the military-industrial complex and the possibility of integrated interaction of enterprises within the framework of finding a single entity. In addition, the paper considers the current economic situation of the military-industrial complex enterprises in the Krasnoyarsk region. The existence and effective functioning of the military-industrial complex is currently not only a guarantee of national security protection, but also the main generator of ideas and innovative solutions for the development of industrial production, which is one of the profit sources in the Russian Federation.

Human rights and national security: philosophical and legal aspects of the relationship

The article shows that human rights and national security are closely interlinked, and a real interaction of national security and human rights is often controversial. The problem of interdependence of national security and human rights is a problem of compromise between national security and human rights, between human rights implementation and protection of national security.

National security management: retrospective analysis

The subject of this research is the key changes in the institutional provision of national security. The object of this research is the national security management. Provision of national security is an inextricable element of state administration. The article examines the system of views that reflect state’s position on the question of national security protection, presented in the legislative acts, conceptual and strategic documents considering amendments thereto. The goal of this study consists in determination of transformation of approach of the government of the Russian Federation towards ensuring national security. Federal laws, conceptual and strategic documents of the Russian Federation served as the information base for this research. The scientific novelty consists in systematization of approaches of the state towards understanding of boundaries and organization of national security protection of the Russian Federation. The conducted retrospective analysis allows tracing the changes in approaches of the states towards ensuring national security, observing the transformation of government’s priorities within and outside the country, as well as determining interdependence of the system of national security protection and its structure on the power of state’s authority and the status of development of administration in the Russian Federation. The overall conclusion of this research lies in the statement that the system of national security management is dynamic; its transformation depends on the international relations and factors outside the Russian Federation, as well as on the level of development and stability of the national system of administration.

DEVELOPMENT OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY AS PART OF THE NATIONAL SECURITY

The article is devoted to the analysis of amendments to the Constitution of the Russian Federation relating to the protection of national security, including in the field of information. Purpose: to analyze the role and impact of the amendments to the Constitution of the Russian Federation in 2020. These amendments are related to the State regulation at the federal level of information security and the tasks of ensuring the support and preservation of scientific and technological potential and the development of Russia. Methods: the work is based on the methods of dialectics and system analysis of the information and legal sphere, which allow to comprehensively, logically and consistently study the processes of implementation of constitutional and legal norms and the prospects for their development in the legal regulation of information security in order to identify existing patterns and development trends, as well as priority tasks. Results: the study leads to the well-founded conclusion that referring in the Basic Law to the federal authorities the security of the person, society and the State in the use of information technologies and digital data circulation is a constitutional and legal innovation that is fundamental to the development of legal and scientific research in the field of information security as an important component of the national security of the State, as well as for the development of the system of legal regulation in this areas in information law.