PROBLEMS REGULATORY SUPPORT INFORMATION SOVEREIGNTY IN UKRAINE

Abstract

The article deals with information sovereignty. A review of the current legislation, which refers to information sovereignty and analyzes key legislative initiatives that have tried to solve complex problems (in particular – two of the Draft Law of Ukraine "On information sovereignty and information security of Ukraine") . It is shown that the legislator after a number of attempts to solve this problem in the early and mid 90s of the 20th century almost completely stopped them by the early 2000s. Moreover, the Law of Ukraine "On information" in 2011 the concept of "information sovereignty" was removed completely. While it is still in the Law of Ukraine "On the National Informatization Program", although only in the definitions section, but nowhere in the text of the law is not decrypted. Despite all attempts to develop specialized laws in the late 90's attempts were not crowned with complete success, and the two trained in 1997 and 1998. Bills not fully reflect the essence of the problem and contained contradictory. For example, they used information sovereignty exclusively to the national information policy, and she was treated as a sphere (volume space), which carried out the information processes and the jurisdiction of Ukraine.

Characteristic of all the documents is expressive tendency to focus on the humanitarian component, reducing information sovereignty exclusively to work with content. It is noteworthy that all the draft Law of Ukraine "About the information sovereignty" in the lists of relevant legislation is remembered, for example, the Law of Ukraine "On the scientific technical information" or any other that relate to science (scientific and technical) of the sphere.

Attention is paid to the fact that in the context of significant growth in the role of information technology in society this aspect should be given special attention. This task has become particularly urgent after E.Snowden statements about the activities of NSA. Already, this leads to the need for experts to formulate the basic idea of how information sovereignty "do the information space a "black hole" for the NSA". That's how this question looks Russian IT expert I.Ashmanov. He also proposes to construct a two-component model of information sovereignty: electronic billboard and information board.

In the context of the problem indicated in the article the author proposed his own definition of information sovereignty under which should be understood as "a set of organizational, legal, military and foreign policy measures aimed at ensuring the integrity of the national information space, the national information infrastructure and technological security of Ukraine, which is carried out in for the rights and freedoms of Ukrainian citizens, society and the state". In this definition, "rocess Safety" is understood as "the introduction of new technologies, technological advances, that this level of national scientific – technical and production potential, which in the case of deterioration of the internal and external conditions would ensure the survival of the national economy through the use of their own intellectual and technological resources, to preserve the independence of the state".

The article highlights those key elements that must be provided in a state that is going to build an effective information sovereignty. These elements include: providing real innovation potential and its ability to self- creation (from idea to realization) of modern technology, the creation of (or to stimulate the creation of) national IT TNK; increase military kiberpotentsiala State; proactive foreign policy stance on key issues of Information Development; focus on developing their own content and technological infrastructure.

Also in the article notes that the crucial aspect in the formation of a coherent vision of the information should be its sovereignty primarily positive imperative. In today's world prohibiting various models are increasingly faced with its inefficiency, changing in the direction of "monitoring" or "positive". Furthermore, mainly prohibiting activities actually reduce the overall efficiency of providing information sovereignty as negatively affect the activity of all the key players in this area (as government agencies, but especially business and citizens). Accordingly, the items on the basis of which tried in the mid-90s to form approach to information in Ukraine 's sovereignty should be fully revised.