State Secrets Research Articles

ESTABLISHING AND CONTROLLING A STABLE MORAL AND PSYCHOLOGICALCLIMATE IN FOREIGN DIPLOMATIC INSTITUTIONS AS A KEY SECURITYCOMPONENT

This article addresses the issues of forming and controlling a stable moral and psychological atmosphere in the foreign diplomatic institutions (FDI) of Ukraine, as well as preventing and localizing potential negative markers in FDI and their impact on security. The role of management and security officers (FDI SO) is emphasized. Modern negative global trends such as increased competition for natural resources, sustained tension in certain states and regions, acceleration of the arms race, manifestations of terrorism, organized crime, smuggling, drug and arms trafficking, illegal migration, human trafficking, the threat of escalation of frozen conflicts, and the emergence of new sources of international tension, including the undeclared aggressive hybrid war by the russian Federation against Ukraine and the activation of its intelligence services, impose on Ukraine's special bodies the task of most effectively ensuring the national security of the state, including the security of Ukrainian foreign diplomatic institutions, their staff, and family members, as well as Ukrainian state secret holders sent abroad. The comprehensive nature of addressing security issues in FDI, especially the potential impact of negative signs within diplomatic teams on their security, necessitates thorough scientific analysis. The results of such work will serve as a foundation for further improvement of state political and legal acts, departmental orders, instructions, and relevant practical recommendations for leadership and FDI SO for the proper fulfilment of their duties.

Ақпаратты жасырын алуға арналған арнайы техникалық құралдардың заңсыз айналымының қоғамдық қауіптілігі мен қылмыстық-құқықтық шараларды қолдану мәселелері

In this article, the authors explore the problems of the public danger of illegal trafficking of special technical means designed to covertly obtain information, and the possibility of applying criminal law measures. The purpose of the scientific research is to study the conclusions that offenses that pose the greatest public danger in accordance with this topic can be committed on the territory of the Republic of Kazakhstan, and to provide measures to prevent them. The main directions are: blocking illegal trafficking of special technical means, analysis of working out the application of criminal law measures in case of detection of any offenses, law enforcement agencies in preventing illegal trafficking of special technical means with the emergence of new development prospects, identification of areas related to the need to generalize the methods used by government agencies and civil society. The hypothesis is substantiated that the idea of scientific research studies the problems of public danger of illegal trafficking of special technical means intended for the application of criminal law measures. A brief description of the scientific and practical significance of the work. Evaluation, analysis and systematization of ongoing preventive work are one of the directions of this work. The practical significance of the results of the work lies in the fact that the conclusions contained in its conclusions and recommendations can contribute to further countering crimes. A brief description of the research methodology is an empirical analysis of the data obtained experimentally. Due to the fact that information security is often subject to various threats, scientific research is being conducted today related to the fact that cases of violation of citizens' rights to personal and family secrets, violations of commercial secrets, and disclosure of state secrets are not uncommon. The main results of the research work are the analysis, adoption of the most targeted actions, policies and measures to solve the problems of public danger of illegal trafficking of special technical means for anonymous obtaining information to improve the situation based on the conducted research-the ability to apply certain types of investigative boards in the implementation of measures taken by law enforcement agencies, to show their effective algorithm, conclusions - The legal status of information includes the basic principles enshrined in the Constitution of the Republic of Kazakhstan concerning the collection, storage, use and dissemination of information on the territory of the Republic. The essence of the research is that as a result of studying these types of offenses, it is important to prepare a methodological recommendation and include it in the educational process, the practical significance of the research work lies in improving the legal framework, preventive work, as well as tactics and methods of investigation and disclosure of such criminal offenses.

Financial Support for Information Protection Measures: Problems and Solutions

Aim . Coverage of the problem of ensuring economic security in conditions of insufficient financing of information protection measures both from the state, which establishes requirements for the protection of restricted access information of various types, ranging from state secrets to personal data of citizens, and from organizations that implement these requirements.Tasks. Formation of proposals to overcome difficulties in the implementation of financial measures to ensure the protection of information in organizations in order to implement measures to ensure economic security.Methods. In this paper, using the methods of factor, statistical and quantitative analysis, statistical information in the field of financing information protection measures is considered, the parameters of financing some measures are estimated based on open data presented in the Unified Information System in the field of procurement, as well as the provisions of legal acts of the Russian Federation in the field of information security and public-private partnership and an attempt has been made to prove the existence of problems in the financing of information protection measures.Results . It is proved that ensuring the economic security of nuclear power plants (on the example of the Russian Federation) on the basis of financial support for information protection measures is one of the most pressing problems in the modern digital world. Every year, threats to the security of information systems are becoming more complex and sophisticated, requiring organizations and companies to make additional efforts and resources to effectively counter. Practical ways of solving the problem of financing information protection measures in order to ensure economic security are proposed, using both the possibility of expanding public-private partnership in this area and other measures that organizations can directly use.Conclusions . Despite the need to ensure economic security, many organizations face financial difficulties in implementing information security measures. Limited budget funds, improper allocation of resources, inefficient financing strategy, difficulties in finding and purchasing effective Russian software and technical means of information protection in the conditions of sanctions impact on the Russian Federation – all these are obstacles to the successful provision of economic security.

PROBLEMS OF DETERMINING THE LEGAL NATURE OF COVERT INVESTIGATIVE ACTIONS

The purpose of this article is to study the legal nature of covert investigative actions - a legal institution enshrined in national legislation in 2014, and to identify the signs by which covert investigative actions (hereinafter – CIA) can be distinguished from other operational investigative measures (hereinafter – OSA). Taking into account the peculiarities of the legal institutions of the CIA and the OSA, a question arises, the answer to which is of fundamental practical importance for distinguishing the MPM and the OSA, by defining their features and purpose. The problem of determining the legal nature is also aggravated by the fact that in the criminal procedural legislation of the Republic of Kazakhstan there is no detailed description of the algorithm of their conduct, unlike other investigative actions. This absence is due to the correlation of CIA with the institute of state secrets, the definition of which follows from the meaning of Article 1 of the Law of the Republic of Kazakhstan "On State Secrets" [1]. To fully disclose the topic we have chosen, the author used various methods of scientific cognition, which allowed not only to analyze the available points of view, but also to formulate his own conclusions and proposals, namely: the method of system analysis, the formal legal method, as well as the comparative legal method. The research presented by us will allow, based on an understanding of the legal nature of the CIA, to successfully apply it without violating the principle of legality, including when using a wide range of forms and methods of operational investigative activities when collecting evidence in criminal proceedings. This is due to the fact that, on the one hand, CIA act as a very effective mechanism for obtaining evidence in criminal cases that have a high degree of latency, and on the other hand, the use of CIA can increase the risk of violations and/or restrictions of a number of constitutional human and civil rights. Moreover, the issue of legalizing the results of the conducted CIA is acute, if they were carried out without the sanction of the investigating judge due to the presence of circumstances that do not require delay.

Nuclear Testing in French Polynesia: After Fifty Years of Lies and State Secrets How to Calm Our Anger and Rebuild Ourselves

The essay discusses, from an Indigenous perspective, the French nuclear weapon tests in the southern Pacific islands. It presents a vivid scenario of the detrimental effects and social inequalities produced by the dynamic of ‘industrialization without industry’ brought about by militarisation and extraction.

«Other» persons as participants in secret investigators (detective) actions (criminal control)

Goal. The purpose of the work is to study the current legislation that ensures the legality of secret investigative (search) actions. The author of this work substantiates the illegality of using the materials of secret investigative (search) actions to prove the guilt of a person if an unauthorized person was involved in conducting such investigative actions. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-grammatical, systemic-structural, modeling. The results. In the process of research, it was established that persons who are not employees (employees) of operative divisions of law enforcement agencies, who are not allowed to the state secret, cannot participate in secret investigative (search) actions, but authorized persons who conduct such investigative actions can use information received from "other" persons. Evidence obtained in violation of the procedure for conducting secret investigative (search) actions must be declared inadmissible by the court. Scientific novelty. With regard to the development by scientists of the topic of involving persons not admitted to state secrets in secret (investigative) investigative actions, this topic is new. In the process of research, it was scientifically proven that the involvement of unauthorized persons in conducting such investigative actions is a violation of current legislation. Practical significance. The results of the research can be used in law-making activities for the further improvement of the national criminal procedural legislation regarding the improvement of the institution of the use of covert investigative (search) actions, in the practical work of law enforcement agencies, the defense side, the administration of justice, as well as in the educational process during the teaching and learning of academic disciplines "Criminal Procedural Law of Ukraine" and "Advocacy".

Генезис персональных данных: информационно-правовой аспект

Introduction. The paper reveals the historical aspect of the emergence and development of the legal protection of personal data in Russia. The prerequisites for the formation of a conscious need for such protection on a Russian basis are analyzed. The author expresses the idea of the origin of the legal protection of personal data in the depths of the right to privacy, since the latter was not only formed at the earlier stages of the historical development of society but also prepared the conditions and legal tools for the emergence of this institution in the future. Purpose. The origin of the legal institution of personal data protection in Russia is analyzed. Methods. The methodological framework for the research consists of the methods of system analysis, historico-legal, and comparative law. Results. The right to privacy in Russia is presented in the paper as divided into four historical stages. The first stage is associated with the wide expansion of writing in Russia, which necessitated the protection of information contained in postal correspondence. Also, at this stage, only a small number of personal rights were protected. At the second stage, as a result of Peter the Great’s reforms, fundamental changes took place in public life in Russia, which led to the further development of Russian legislation, including the right to privacy. The result of such changes, according to the author of the paper, should be recognized as the consolidation of a sufficiently large number of elements of the right to privacy in the Code of Laws of the Russian Empire. The next stage in the history of the establishment of the institution of personal data in this country is associated with Soviet law. It is characterized by the fact that Soviet law “did not remain aloof” from the rapid development of the world community’s interest in human rights and freedoms in the twentieth century. And finally, at the fourth (modern) stage, the concepts of “personal data” and “their legal protection” arise and exist as independent ones, forming a separate legal institution for the protection of personal data within the framework of private law. Conclusions. Analyzing the above-mentioned concepts and categories as a result of scientific, technical, and social progress, as well as society’s awareness of the need to protect the private sphere of human life, the author states that the legislator’s “attention” is increasingly shifting from state to private secrets, and even the mechanism of the legal provision of state secrets is becoming more and more similar to the mechanism of private law protection.

Legal Framework Publication of State Secrets via Cyberspace in Indonesia

The issue of publishing information and electronic data that fall under the category of state secrets via cyberspace remains unregulated in Indonesia, leading to a complex debate between the state's secrecy and the public's right to access information. This tension has been further intensified by the Fourth Industrial Revolution and the widespread availability of information, making it difficult to distinguish between state secrets and public information. As a result, individuals or entities who disseminate state secrets through cyberspace may not be held accountable unless specific regulations are established. This study adopts a normative juridical approach with a legal and conceptual framework to examine the intersection of state secrets and the publication of information through cyberspace, examining relevant provisions from existing laws and regulations. The study's findings may provide the legal vacuum concerning the criminalization of individuals who have published information or electronic information that may be categorized as state secrets through cyberspace..

Legal regulation of information security in Ukraine

The article is devoted to the study of the system of legal regulation of information security in Ukraine. It has been established that the Constitution is the foundation of the system of legal acts, which is the basis of legal regulation of information security in Ukraine. It is followed by the Laws of Ukraine: On Information, On Protection of Information in Information and Communication Systems, On Protection of Personal Data, On State Secrets, On National Security of Ukraine, On Basic Principles of Ensuring Cyber Security of Ukraine, On Electronic Communications, On Media, On Copyright and related rights, On the protection of rights to the composition of semiconductor products, On the protection of rights to inventions and utility models, On state secrets, etc. Norms defining information security of Ukraine have found further development at the sub-legal level. By­laws are aimed at detailing individual provisions of the Constitution of Ukraine and laws. They have a subject direction and regulate a specific sphere of social relations or areas of work of state administration bodies. At the level of central executive bodies, orders, instructions and orders are issued as by-laws. The documents defining the regulatory and technical basis of information protection in Ukraine also include standards and industry materials. They are of key importance because they ensure uniformity in the field of information security, standardize procedures for protecting information, methods for ensuring confidentiality, integrity and availability of data, as well as measures for preventing and responding to information incidents. We also included international acts: conventions, declarations, resolutions, etc., in the system of legal acts that constitute the basis of legal regulation of information security in Ukraine. It was concluded that today the normative and legal basis of ensuring information security is an extensive network of domestic and international norms of different legal force and focus, which in its totality ensures the comprehensive functioning of the entire system of ensuring information security in Ukraine.

Implementation of blockchain technology in the system of accounting and analytical support for the public sector

The study addressed the problem of developing a mechanism for introducing blockchain technology into the system of accounting and analytical support for public sector entities. In the course of the research, the volumes and types of financial violations by public sector entities were analyzed. Identified violations were committed by public sector entities, and their significant share fell on the system of accounting and analytical support, in particular, financial reporting, budget execution. Legal restrictions on the introduction of blockchain technology for public sector entities were outlined. The absence of a number of acts in the field of digitization, protection of state secrets, cyber security, international standards, etc. in the legal field was established. The characteristics and mechanisms of blockchain technology were described, the types of blockchains based on permission models (open, closed) were defined. The technological characteristics of the use of blockchain platforms in the system of accounting and analytical support of public sector entities have been determined. The need to use blockchain applications such as smart contracts was indicated. It is noted that the use of smart contracts can be developed on blockchain platforms such as Ethereum, NXT, and Hyperledger; their key characteristics were described. A comparative description of transactions of state funds in the traditional accounting system and with the use of blockchain systems is given. The problem of the materiality of the transaction cost when transferring large volumes of data was outlined using the Ethereum platform as an example; its shortcomings were identified. The development of a mechanism for introducing blockchain technology into the system of accounting and analytical support using the Hyperledger platform, which has an open-source community focused on the development of a set of stable frameworks, tools, and libraries for deploying enterprise-level blockchains, was described. The advantages and disadvantages of introducing blockchain technology into the system of accounting and analytical support have been determined.

Financial control in the field of protection of state secrets

The article considers the legal basis for the implementation of financial control in the field of protection of state secrets. The problem associated with the activities of financial control bodies over the spending and expediency of ongoing measures aimed at ensuring the protection of state secrets is analyzed. Proposals are made to improve legislation in terms of conducting inspections in relation to expenses allocated from the budgets of the budgetary system of the Russian Federation to finance activities to ensure the protection of state secrets.

Data Security Management and Audit of Healthcare Data: A Case Study of SISPEC19 Project

Data security is the biggest challenge with personal data and state secrets threats. Digital transformation is increasing in various industries, including the government industry. One of the causes of this is the Covid19 pandemic which imposes conditions where all activities can be carried out smoothly even though they cannot interact directly. In this study, an analysis was carried out regarding auditing and data security management on health data in a government-owned health information system using the DAMA-DMBOK approach as a data governance standard. Then an audit is carried out to measure the success rate of implementing security on information systems using COBIT 2019 as a standard for IT governance.

From Crown Privilege to State Secrets1

Abstract The state secrets privilege is the most formidable evidentiary privilege available to the United States government. Available only to the executive branch, it is used to protect national security information from disclosure during litigation, and is habitually acquiesced to by courts. Once invoked, the privilege prevents covered material from being put into evidence that touches sensitive matters of national security. It is apparent that this privilege is subject to abuse by the executive branch to shield activities and personnel from judicial scrutiny and legal inquiries for reasons other than to protect national security. The privilege derives from British and Scottish doctrines of Crown Privilege that allow government to withhold evidence from legal proceedings to protect the public interest. The derivation of the state secrets privilege from the tradition of Crown Privilege has never been thoroughly explored. This article traces the influence of Crown Privilege in the development and evolution of the state secrets doctrine in the United States.

“We Know Well, but All the Same . . . ”

Abstract In 1984, Edward Said argued that Palestinians had not yet gained “permission to narrate,” that is, a Palestinian national narrative of exile and colonization remained unintelligible in the Euro-American world. Forty years hence, much has changed. And yet, this essay asks, with what political consequences? What if the epistemological-qua-political ground has changed such that this “permission to narrate” turns out to be far less consequential than Said once believed? Tracing a shift in Israeli historical scholarship, and among the Israeli public, vis-à-vis the expulsion of Palestinians during the war of 1948, this essay queries a long-standing anti- and post-colonial commitment to the political salience of counter-histories, of revisiting the archive. Other forms of (epistemological) power have emerged and they do not require the kinds of ideological closures (denial, official or unofficial censorship) that were central to Said’s analysis. Israeli settler-nationhood no longer depends on the suppression of the historical trace, the state secret—on denial. It can just as easily operate through the embrace of a far more brazen and explicit seizure of power: I know very well, but nevertheless.

A document containing a state secret as a subject of criminal offenses in the sphere of protection of state secrets.

A document containing a state secret as a subject of criminal offenses in the sphere of protection of state secrets.

Official Secrecy as an Element of Ensuring National Security of Russia

Official secrecy as one of the methods of protecting state-relevant information in connection with significant legislative changes that occurred in connection with the adoption of the Law of the Russian Federation “On State Secrets” in the early 90s of the twentieth century, has passed a difficult path of formation and development in new socio-political conditions. At one time, it was an information resource formed by the state administration bodies of the USSR to protect the most important departmental information that is not related to state secrets. At the same time, the institute of official secrecy represented a unified administrative and legal regime for the protection of such information throughout the state, almost identical to the regime for the protection of state secrets. Since 1993, in connection with the adoption of the Law of the Russian Federation “On State Secrets”, the official secret in the form in which it existed before, actually disappeared. Without any serious grounds, all information previously protected under the heading “secret” was automatically classified as a state secret, which significantly expanded its scope, although the purpose of the adoption of the above-mentioned legislative act was precisely to reduce the volume of information protected in this regime. Since that period, official secrecy has been under conditions of legal uncertainty, which, it seems, did not work towards needs of the State in the real protection of state-significant information. A huge number of different databases containing various information related to the activities of state authorities and state organizations, providing access to their content via the Internet require the formation of a new universal administrative and legal regime that allows effective protection of such information from various illegal actions, including access from foreign states and organizations. The introduction of the category of “official secrets in the field of defense” into legislation in 2021 indicates the increasing importance of this category of information for ensuring the national security of the state. The present work reveals the main problems associated with the legitimization of official secrets at this stage of the development of our state.

Al-Andalus as a Symbol of Islamic Religious Tolerance

The Research examines the history of religious tolerance and coexistence between Muslims and Christians in Al-Andalus (Iberian Peninsula) since Muslims first arrived in the Peninsula, and how Muslims, during their reign, fostered and promoted justice, equality and tolerance among Andalusian society's diverse demographic segments. Furthermore, the Research addresses the question of how Muslims dealt with Dhimmis (non-Muslims living in an Islamic State with legal protection), granting them full rights, including the freedom to profess their faith and worship in their churches and temples, as well as permit them to construct new churches away from religious persecution? In fact, Muslims went far than that, as they participated in Christian religious feasts and social events. Moreover, the Research draws on vivid examples that demonstrate Muslims' righteousness in ruling an Andalusian community, which included Muslims, Christians, Jews, and people of various ethnicities. It also highlights how the aforementioned ethnicities were granted complete freedom to innovate in all realms of innovation; therefore, there were physicians, philosophers, poets, engineers, writers, diplomats, translators, and custodians of State secrets among them.

Legal Status of Accident Investigation Results of Space Activities in The Process of Enforcement of Space Law Enforcement in Indonesia: Between Procedural Justice and Substance Justice

Investigation findings and information obtained as a consequence of investigations cannot be treated as state secrets or utilized as evidence in court. This principle, which is followed by international aviation law, has generated controversy in Indonesian law enforcement practices, particularly when it comes to criminal and civil procedural laws, which acknowledge that the findings of investigations can serve as a foundation for further inquiries to identify suspects. The study’s findings revealed that, first, the ad hoc team’s philosophical investigation of space accidents within the framework of international law aims to determine the causes of spacecraft accidents to ensure that they don’t happen again in the future within the context of the main legal goal of benefit and justice for more people (the most people with the most happiness possible). While compensation claims are based on liability and without error (strict liability), police investigations as described in Articles 95 through 100 are intended to find criminal acts in space activities. There is no functional relationship between the two processes, so the findings of police or special team investigations cannot be used as the basis for carrying out legal actions. Given the obvious differences between the team’s investigation and the police’s investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations. With this knowledge, it is believed that there won’t be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents.

Providing Access Isolation to Information in the Database

Most modern database management systems (DBMS) provide the ability to restrict user access to database objects. The problems of restricting access to individual records are arising increasingly in connection with the growing need for flexibility in restricting access in modern databases, including when using them to store information classified as state or commercial secrets. Currently, these tasks are solved individually, and there are no commonly formalized approaches to designing such access restrictions. The study aims to reduce the design time for database schemes when it is necessary to restrict access to individual records of the database tables and improve the quality of the designed schemes by using the proposed algorithms. Questions about the design of the protected databases with the use of access restrictions to separate records are considered. Both restriction of illegal access to records, and granting false camouflage information instead of required is considered. The proposed software package will consist of 2 main parts: a database and a client application. To differentiate access, the study proposed the use of a record-protecting lock.

The National Police of Ukraine activities in the sphere of ensuring national security

The article is devoted to the study of theoretical and practical issues of organisation and legal support of the National Police in the field of national security of Ukraine. The relevance of the chosen topic has been substantiated and a general analysis of the state of scientific research on this issue has been carried out. The regulatory and legal acts and scientific sources which make up the content of the National Police's activities in the field of ensuring national security of Ukraine have been analysed. The essence of the theoretical provisions of the scientific categories “security”, “national security”, “security and defence sector entities”, “National Police”, “legal regulation”, as well as the practice of their consolidation in legislation have been investigated. It has been provided the author's understanding of the concept of national security as a state of protection of the state sovereignty, constitutional order, public order, economic, scientific, technical and defence potential, information sphere and state secrets from external and internal threats, from any manifestations of unlawful encroachments, which is achieved by applying a system of measures of political, economic, organisational, legal, military, ideological and other nature, proportionate to the threats to the national interests of Ukraine.
 In the course of analysis of the provisions of legal acts on national security, a range of tasks and powers of its subjects has been determined, and the peculiarities of implementation of measures in certain areas of security activities have been considered. The main directions and tasks of ensuring national security by the units of the National Police in accordance with the current legislation of Ukraine have been reviewed.