PROBLEM ASPECTS OF PROVIDING of INFORMATIVE SOVEREIGNTY OF THE STATE,
PROSPECTS And TENDENCIES of ITS DEFENCE IN UKRAINE
Raising of problem. Sovereignty of the state is this political-legal
property of the state, sense of that consists in its right independently to
decide internal and external political questions without intervention from other
states, organizations, persons.
Such activity of the state is base on not only internal legislative base
but also on the basis of the universally recognized international agreements
and principles of neighborliness, that in the conditions of strengthening of
integration processes is extraordinarily actual. The observance of terms of
international agreements does not mean limit nature of external independence
of the state, as active voice of the state in the international arena
testifies to its all-sufficientness as an international legal subject.
In today's realities of world pattern, the attributes of any state it is
been: territory, banking system, national money, army, power, police,
borders, custom etc. These attributes provide military, diplomatic,
economic, political, cultural and biological sovereignties of the state.
However, as far as development of virtual of communication environment
(Internet) new attributes appeared in one and a half last decades -
informative and digital sovereignties of the state. The role of these
attributes steadily increases and grows into key. It contingently that any
citizen (foremost as a participant of informative association), owning
reliable information, gets undeniable advantage from the point of view of
making decision, frequently conflicting with the politics, conducted by the
imperious elites of the state, and also their allies and opponents. Exactly
this circumstance does official control after the informative space by major
priority for any state that wants to save the sovereignty and pursue an
Under informative sovereignty it is necessary to understand possibility of
the state to manage information that comes to the population (to decide - that
comes to him, and what no).
Under digital sovereignty it is necessary to understand a right for the
state to determine the informative politics independently, dispose of digital
infrastructure and resources, to provide the informative safety .
Taking into account importance of the examined range of problems, there is a
necessity of the detailed consideration of next questions: what constituents
form informative sovereignty of the state; what constituents form digital
sovereignty of the state; how to provide defence informative and digital
sovereignties of the state; What measures must be accepted for providing of
defence of informative and digital sovereignty of Ukraine, as state with the
developed network infrastructure.
In this article authors will make an effort give answers for the put
questions being base on the information given in open sources.
Analysis of the last researches and
publications the decision of this problem is begun in that.
Development of informatively-computer technologies comes forward to one of
great number of factors of influence on sovereignty of the state, however
exactly they result in more distinct forming of new, critically important for
the survival of any state of constituents : to "informative" and "digital"
Swift height of quantitative and content maintenance of data flows
constantly circulatory in informative space of any state indissolubly related to
the height of role of Development of informatively-computer technologies in life
of society. This circumstance transforms many fundamental bases of the states in
natural way, including the bases of that were stopped up several hundred years
Traditional conception of sovereignty of the state, that is the basis of all
modern system of international relations, in the last decades exposed to the
systematic "attacks" from the side of row of the leading states that examine him
as an objective obstacle for : redistributions of natural and human resources;
possibilities of uncontrolled access to their internal markets; completions of
the begun geopolitical projects realization of that was substantially
complicated because of the economic and political strengthening of a number of
the states. These reasons stipulate the offensive of new epoch of tearing down
of informative sovereignties of the states, conducing to tearing down of the
West phal system of sovereignties . Tearing down of sovereignty of the state
comes true through replacement of strategy of construction and development of
the state, and replacement of strategy comes true through breaking of
Thus, in modern realities, obviously, that if the state does not have
informative sovereignty and mechanism its defence, it can lose traditional
sovereignty, that`s why to leave off to be the independent state.
Aim of the article - to define key constituents informative and digital
sovereignties of the state, methods of their defence and to define possibilities
of their realization in Ukraine.
Exposition of basic material. We will consider informative sovereignty of
the state from the point of view of stability to providing of defence of
population of the state from the massed informative treatment from the side of
Citizens, recipient reliable information from the sources determined by
them, possess large advantage from the point of view of acceptance of correct
decisions, which frequently can conflict with the politics conducted by the
imperious elites of the states. This circumstance stipulates the steady height
of steady demand for end-user on reliable information in the most different
spheres. According to the estimations of experts, 95 % to such information it
can be got from the open sources accommodated in a virtual environment the
Exactly this circumstance does official control after adjusting of threads
of information by important priority for any state that wants to save at least
the informative sovereignty and how at most to pursue an independent policy .
As world practice of adjusting of threads of information shows in a virtual
environment the Internet in swinging majority of cases is taken to introduction
of prohibitions on her distribution. Such prohibitions exist in many states
Eurasian and Latin-Americans continents. They are divided by domestic, corporate
and state .
Domestic prohibitions, set by users, with the purpose of protecting of the
near surroundings (as a rule, children) from internet-resources of next
subjects: 1. internet-resources, distributing viruses; 2. Advertisement and
banners; 3. Rudeness, amorality, obscenity; 4. Aggression, racism, terrorism; 5.
Proxies and anonymousness; 6. Web-sites for adults; 7. Alcohol and tobacco; 8.
Casino, lotteries, totalizators; 9. Phishing and swindle; 10. Torrents and P2P -
network; 11. Pornography and sex; 12. Troops and armaments; 13. Extremism; 14.
Narcotic substances; 15. Parked domains for all above enumerated resources.
Corporate prohibitions behave to the prerogative of employers setting the
rules of access to internet-resources, coming from the requirements to safety of
network infrastructure, and also to the protection of the personnel from the
undesired information in business hours. To such limitations, as a rule, an
access lock belongs to the social and share site networks, torrent to the
trackers and not controlled postal services .
Undoubtedly, considered types of prohibitions of access to the information
generators in a virtual environment the Internet must become fundamental basis
of public policy of any state in the field of adjusting of data flows in a
virtual environment the Internet, in spite of plenty of contradictions.
The point is that in this sphere of adjusting of data flows in a network
the Internet there are such methods:
1. Having influence on the sources of the placed content (informative
companies, bloggers, proprietors of informative resources);
2. Realization of selective filtration of content of to internet-resources
or access lock to them;
3. Control of traffic of users and its subsequent filtration, according to
the set norms of providing of informative sovereignty of the state.
These methods can conflict with the norms of international law in the field
of realization of civil and political laws, everybody has a right on free
expression and distribution of the opinion verbal, in the written form or by
means of print . This right is mentioned also in European Convention about
the protection of human rights and in the constitutions of many countries,
including Ukraine . If in the state there are limits on freedom of speech,
then they must strictly correspond to its legislative base with the obligatory
account of norms of international law. Laws, imposing restriction freedom of
speech, must be unequivocal and not to give to possibility for ambiguous
interpretation. At legislative level must be envisaged: defence of reputation,
dignity of personality, national safety, public peace, copyright, health and
Thus, if the state enters similar limitations for providing of the
informative sovereignty, then it fully corresponds to the international
That the state could provide defence informative and digital sovereignties,
he needs the complete technological chain let: processor; electronic-component
base; navigational; own digital infrastructure (system, in that the Internet,
television, MASS-MEDIA, unite etc.). Thus the state must realize an independent
management data flows (discovery, filtration, blocking, distribution). Such
defence must be provided by the state and to be based on a legislative base
reflecting mine-out strategy of development.
Obligatory constituents of informative and digital sovereignty of the state
A media infrastructure for providing of informative sovereignty of the state
must consist of state - oriented: searching machines (systems) and help
resources; social networks, Messenger; blogs; forums; distributions; MASSMEDIA;
traditional MASS-MEDIA and TV; video and photo hostings; content resources
(rating/of analyst, history, science, cars, sport, cinema, books.); Applications
for social networks and mobile devices.
Digital sovereignty of the state is determined by a right and possibility of
its government: independently and independently to determine internal and
geopolitical national interests in a digital sphere; to conduct an independent
domestic and external informative policy; to dispose of own informative
resources, to form the infrastructure of national informative space; to
guarantee electronic and informative safety of the state. Digital sovereignty of
the state must provide: security of digital infrastructure from viruses, cyber
attacks, breaking, losses, bookmarks, theft of data, spam, shutdown of
infrastructure and decontamination of the set software; Stability to the cyber
attacks (monitoring, discovery, warning, blocking, counter-attacks).
To the absolute constituents of digital
sovereignty the states behave:
Electronic shield: own instrument room platform (network and PC); own
or controlled programmatic platform (network and PC); Own/controlled mobile
Informative shield: own internet-infrastructure; own media structure
of MASS-MEDIA, TV and Internet; own system and tools of propaganda and conduct
of info wars; developed ideology, laws, market of ideological services.
The public policy of many countries in the whole world moves to that in a
virtual environment the Internet the same laws must operate, what in the real
life. Many developed countries now actively install the systems of filtration of
information in the internet. Quite naturally, that for effective defence of
informative space of the state a legislation that regulates responsibility for
the placed content is needed.
To date the substantive provisions of public informative policy in Ukraine
determine: creation of political-laws, economic, organizational and material and
technical terms for forming of modern model of public informative policy,
increases of efficiency of the use of all types of informative resources and
management by the cursored elements of informatively-communication
infrastructure, state support of production and distribution of home informative
products, providing of development and defence of home informative sphere.
In particular "On information" next principles of public informative policy
are certain the law of Ukraine as: assuredness of right on information;
openness, availability of information, freedom of exchange by information;
authenticity and plenitude of information; freedom of expression of looks and
persuasions; legitimacy of receipt, use, distribution, storage and defence of
information; security of personality from interference with its personal and
domestic life . Priority tasks are certain the same law: providing of access
of every citizen of Ukraine to information; providing of equal possibilities in
relation to creation, collection, receipt, storage, use, distribution, guard,
defence of information; conditioning for forming in Ukraine of informative
society; providing of openness and transparency of activity of subjects of
imperious plenary powers; creation of the informative systems and networks of
information, development of electronic management; permanent updating, enriching
and storage of national informative resources; providing of informative safety
of Ukraine; assistance to international cooperation in an informative sphere and
including of Ukraine in outer informative space.
Conclusions and further prospects of
researches are in this direction.
Ukraine, as well as most the world states, runs into the objective threat of
deformation of own sovereignty in informative and digital space. In
investigation of it, defence of these constituents of sovereignty becomes one of
the major cursored elements of national safety. First of all the question is
about general principles of functioning of informative resources of Ukraine, to
defence of the major informative and telecommunication systems, providing
activity of transport, energy, industry, organs of state administration .
In more wide sense of word informative sovereignty plugs in itself such
tasks, as opposition of cultural expansion from the side of countries with the
developed audiovisual infrastructure, maintenance of national and language
A ponderable role a corresponding doctrine must play in forming in Ukraine
of mechanisms of providing of informative safety.
To the number of primary concerns standing before the state institutes of
Ukraine within the framework of providing informative and digital sovereignties
it is necessary to take:
- to carry out the automatic monitoring of the informative space;
- to embed a legislation about responsibility for the placed content;
- to embed a legislation regulative filtration of internet-content;
it is non-admission of the use of the newest information technologies for
distribution socially of harmful ideas and appeals : racism, chauvinism, radical
- legal defense of national culture and language from influence of dominant
in an informative plan countries;
- it is being socially of acceptable balance between freedom of speech and
distribution of information and inalienable right of the state to provide
- it is the legal adjusting of the use of the systems encipherements of
these citizens for providing of confidentiality at an exchange by data through
- it is protecting from cultural expansion of foreign Internet-resources;
- it is passing of public institutions to the use of own development
1. Zadereyko A. V. Problematic regulatory aspects of information flows in
the virtual internet environment and the tendencies of its development / A. V.
Zadereyko // Ученые записки Таврического национального университета им. В. И.
Вернадского. Серия: Юридические науки. - 2013. - Т. 26 (65). № 2-1. -Ч.2. -С.
2. Вопросы обеспечения информационного суверенитета государств в виртуальной
среде интернет и тенденции их развития / А.В. Задерейко // Науковий вісник
Херсонського державного університету. Серія: Юридичні науки, Випуск 5. – Т. ІІ
за 2013 г. – С. 23 – 26.
3. Ушаков Н. А. Суверенитет в современном международном праве. – Изд-во
Ин-та международных отношений, 1963.
4. Нет смысла шпионить — 95% информации доступно в Интернете. - [Электронный
ресурс]. – Режим доступа: http://www.rbcdaily.ru/world/562949985512696. –
Название с экрана.
5. Фильтрация и блокирование интернет-контента: мировой опыт. - [Электронный
ресурс]. - Режим доступа: http://ria.ru/spravka/20120711/697151590.html. –
Название с экрана.
6. Корпоративные запреты. - [Электронный ресурс]. - Режим доступа: http://www.profmedia.by/pub/kadrovik/art/detail.php?ID=71001.
– Название с экрана
7. Международный пакт о гражданских и политических правах. - [Электронный
ресурс]. - Режим доступа: http://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml.
– Название с экрана.
8. Европейская конвенция о правах человека. - [Электронный ресурс]. - Режим
доступа: http://www.echr.coe.int/Documents/Convention_RUS.pdf. – Название с
9. Закон України «Про інформацію» // Відомості Верховної Ради України (ВВР).
– 1992. – N 48. – ст.650.
10. Zadereyko A., Troyanskiy A. Program and Technical Aspects of
Cryptographic Defence of Data Storage // Informatics and Mathematical Methods in
Simulation.Vol. 5 (2015), No. 4, pp. 347-352.
11. Сафонова В. В. Культурно-языковая экспансия и ее проявления в языковой
политике и образовании // Иностранные языки в школе. – 2002. – Т. 3. – С. 22-32.