AUTHOR'S  PUBLICATIONS

Читать статью на английском языке

Visitors

Web Site Hit Counters

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 independent policy.

 

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 [2].

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" sovereignty.

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 back.

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 [3]. 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 informative sovereignty.

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 external opponent.

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 Internet [4].

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 [2].

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 [5].

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 [6].

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 [7]. This right is mentioned also in European Convention about the protection of human rights and in the constitutions of many countries, including Ukraine [8]. 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 moral.

Thus, if the state enters similar limitations for providing of the informative sovereignty, then it fully corresponds to the international legislation.

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 platform.

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 [9]. 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 [10].

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 originality [11].

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 nationalism;

- 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 independent politics;

- 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 computer networks;

- it is protecting from cultural expansion of foreign Internet-resources;

- it is passing of public institutions to the use of own development software.

LITERATURE:

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. 51-55.

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 экрана.

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.

Authors publication