Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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Vol. 39, Nº 71 (2021), 789-799
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 21/09/2021 Aceptado el 16/11/2021
Protection of Critical Infrastructure Facilities
as a Component of the National Security
DOI: https://doi.org/10.46398/cuestpol.3971.48
Andrii Ighorovych Denysov *
Hennadii Yevhenovych Bershov **
Viacheslav Vitaliiovych Krykun ***
Olha Zhydovtseva ****
Abstract
The issue of protecting critical infrastructure as one of the
components of national security is analyzed. The following
methods were used in the study: bibliographic, dialectical,
empirical, and theoretical, comparative, and legal. The essence
of the term «critical infrastructure” is explained both according
to the opinions of scientists and from the very position of the
authors of the article. The importance of proper protection and
proper functioning of infrastructure in Ukraine is well founded.
It emphasizes the fact that for many years the issue of the importance
of protecting critical infrastructure has been almost forgotten and is not
relevant to the governing bodies of the state. In addition, this situation
applies to many other countries in the world. The current situation shows
that there are countries that, despite being among the most prosperous and
innovative, did not pay attention to their situation with their own security
infrastructure. It is concluded that, based on a comparative analysis of
international experience, in addition to exploring the peculiarities of
national realities, the article proposed measures to improve the internal
state of protection of critical infrastructure.
Keywords: critical infrastructure object; national security; infrastructure
protection; state security policy; geopolitics of security.
* Candidate of Legal Sciences, Associate Professor of the Department of Legal Support of Economic
Activity of the Faculty No. 6, Kharkiv National University of Internal Aairs. ORCID ID: https://orcid.
org/0000-0002-6256-0172
** Ph.D. in Law, President Judge of the Second Administrative Court of Appeals. ORCID ID: https://
orcid.org/0000-0002-3439-5544
*** Doctor in Law, Associate Professor, Assistant Rector of Kharkiv National University of Internal Aairs.
ORCID ID: https://orcid.org/0000-0003-1089-555X
**** Candidate of Law, Associate Professor of the Department of Law Enforcement and Police of the Faculty
No. 6, Kharkiv National University of Internal Aairs. ORCID ID: https://orcid.org/0000-0003-4637-
8490
790
Andrii Ighorovych Denysov, Hennadii Yevhenovych Bershov, Viacheslav Vitaliiovych Krykun y
Olha Zhydovtseva
Protection of Critical Infrastructure Facilities as a Component of the National Security
Protección de instalaciones de infraestructura crítica
como componente de la seguridad nacional
Resumen
Se analiza el tema de la protección de la infraestructura crítica como uno
de los componentes de la seguridad nacional. En el estudio se utilizaron
los siguientes métodos: bibliográco, dialéctico, empírico y teórico,
comparativo y legal. La esencia del término “infraestructura crítica” se
explica tanto de acuerdo con las opiniones de los cientícos como desde la
propia posición de los autores del artículo. Se fundamenta la importancia
de la protección adecuada y el buen funcionamiento de la infraestructura
en Ucrania. Se enfatiza el hecho de que durante muchos años el tema de
la importancia de la protección de la infraestructura crítica ha sido casi
olvidado y no es relevante para los órganos de gobierno del estado. Además,
esta situación se aplica a muchos otros países del mundo. La situación actual
demuestra que hay países que, a pesar de ser parte de los más prósperos e
innovadores, no prestaron atención a su situación con una infraestructura
de seguridad propia. Se concluye que, a partir de un análisis comparativo de
la experiencia internacional, además de explorar las peculiaridades de las
realidades nacionales, el artículo propuso medidas para mejorar el estado
interno de protección de la infraestructura crítica.
Palabras clave: objeto de infraestructura crítica; seguridad nacional;
protección de infraestructura; política estatal de
seguridad; geopolítica de la seguridad.
Introduction
The need to protect important infrastructure is one of the most
important priorities of the state. The importance of the safe operation of
critical infrastructure, namely its key facilities, is a major factor in ensuring
national security, sustainable functioning of the economy, welfare, and
protection of the population (Chumachenko, 2017). At the same time,
global tendencies to increase the threats of natural and man-made nature,
increase in the level of terrorist threats, increase in the number and
complexity of cyberattacks have led to the actualization of the issue for
protecting systems, facilities and resources that are critically important to
society, socio-economic development of the state and ensuring national
security (Kraivska, 2021).
It is necessary to state the indisputable fact that the attention to
protection and qualitative improvement of infrastructural facilities has
been recently increased among the countries of the world. It is especially
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 789-799
true of those infrastructure facilities that are critically valuable (important)
to the national security of the state.
It is known that after the “Servant of the People” party and its leader
Volodymyr Zelenskyi, who was elected the sixth President of Ukraine, came
to power in Ukraine in 2019 as a result of democratic and transparent
elections, the infrastructure program “Large Construction” was launched,
which was the initiative of the new authorities. This program, as
ocially stated in its plan, is aimed at carrying out large-scale repair and
construction works throughout Ukraine. Roads, bridges and other facilities
of national and local infrastructure, which are important for society and the
state, are among the highest priorities. In addition, the program intends
to create new and improve existing schools, hospitals, and other socially
important institutions. The initiators of this state program claim that its
implementation can increase the level of economic well-being of the state
and its citizens. In particular, it is expected that it will be able to raise the
country’s GDP due to the fact that the new quality infrastructure, which is
expected to be the nal result of this program, can increase the intensity of
cooperation between various economic subjects in Ukraine and can help
to make the country more attractive for foreign tourists and investors.
Researchers’ views on this program are quite dierent.
The purpose of this article should be to justify the importance of
protecting critical infrastructure facilities at the national and local levels
for the security of the state, its citizens and institutions.
The objectives of the article are to search for and carefully analyze
methods and ways to protect critical infrastructure facilities, to dene
specic reasons for the importance of a well-functioning infrastructure for
the national security and to reveal the terms of “critical infrastructure”,
“element of the national security”, etc.
1. Methodology
The problems of the importance for protecting and proper functioning of
infrastructure facilities, especially those that are critical to ensure national
security, has been addressed by many researchers and scholars who studied
those problems and issues in various elds of science.
The bibliographic method was used that assisted to received up-to-date
information on the current state of aairs in the eld of protecting critical
infrastructure facilities from the leading foreign and domestic researchers
of the present time.
The use of dialectical, empirical and theoretical methods was useful in
revealing the terms related to the subject matter of this article.
792
Andrii Ighorovych Denysov, Hennadii Yevhenovych Bershov, Viacheslav Vitaliiovych Krykun y
Olha Zhydovtseva
Protection of Critical Infrastructure Facilities as a Component of the National Security
The comparative and legal methods helped to analyze and detail the
existing methods of protecting infrastructure facilities that are critically
important for the national security of the state, as well as their compliance
with domestic, socio-political realities were studied. This method was also
used in the analysis of the current state of aairs in the eld of protecting
infrastructure facilities in the developed world countries. Particular
attention was paid to those states that were progressive in accordance with
international standards in regard to the issue studied in this article.
2. Results of the Research and Discussion
The rapid growth of information technology has triggered the
redistribution of real power in society from traditional structures to
information ow control centers. Information technology is nding ever-
widening applications in such areas as nancial circulation and securities
market, communications, transport, high-tech industries (especially
nuclear, chemical, etc.), government management systems, etc. Today, the
dissatisfaction with the state of Ukrainian information legislation and the
need for urgent measures to improve it are obvious.
However, there is no unity in the ways of qualitative transformation of
information legislation of Ukraine among researchers of this issue, which
is logical, given the complexity, dynamics, and scale of modern information
processes that occur in the formation of the national legal system
(Politanskyi, Lukianov, Ponomarova, Gyliaka, 2021). Can condently state
that an ecient and smoothly functioning infrastructure in today’s world
is one of the key elements of the well-being of the state and its citizens.
After all, strong and wide bridges, level roads and other facilities of
“communication” infrastructure allow people and goods to move quickly
in space between dierent regions of the country (Critical Infrastructure
Protection, 2020).
Thus, they provide an opportunity to increase the interaction between
dierent individuals and legal entities (including enterprises) representing
dierent regions of the state. At the same time, besides critical infrastructure
communication facilities, it is noted that the main part of the category
“critical infrastructure facilities” consists of enterprises and institutions,
whose operation is “strategically important for the existence of the state”
and for the inviolability of the national security. For example, according
to the list of critical infrastructure facilities approved by the Resolution
of the Cabinet of Ministers of Ukraine “On approval of the Procedure for
forming a list of information and telecommunication systems of critical
infrastructure facilities of the state” dated from August 23, 2016, No. 563
this list regardless of ownership includes enterprises, institutions and
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agencies representing such industries as: energy, transportation, chemical
industry, information technology, food, nance, telecommunications,
utilities, health care, banking (The National Infrastructure Protection Plan,
2006).
It is common to distinguish enterprises related to the production or
storage of electricity, oil, gas, large water tanks and reservoirs, hydroelectric
power plants, etc. among the institutions classied in the energy sector. It is
also known that not every institution in the banking and nancial sector is
recognized as critically important to the national security of the state. It is
argued that the critical infrastructure institutions in this area include those,
whose sustainable operation “is essential for the economy and security of
the state, the existence of society and those that are of signicant public
interest” (Osypchuk, 2020: 34). This list includes all banks recognized
by the National Bank of Ukraine as systemically important. At the same
time, all banking institutions that are in the status of critical infrastructure
facilities and are 100% of the list of systemically important, that is, both
lists duplicate each other.
The approaches to determining the content of such a category as “threats
to national security” are changed with the development of the concept of
“critical infrastructure”. This should be reected in administrative activities
of the Security Service of Ukraine and should be enshrined in the relevant
regulatory acts and create a solid foundation for the protection and security
of critical infrastructure of Ukraine (Osypchuk, 2020).
On the basis of generalization and analysis of the current legislation
in the eld of national security and defense, O. V. Nesterenko (2020) has
dened the system of subjects of national security and defense of Ukraine
as follows: 1) management subsystem (the President of Ukraine); 2)
controlled subsystem: security forces – law enforcement and intelligence
agencies, state agencies of special purpose with law enforcement functions,
civil defence forces and other agencies; Defense Forces – the Armed
Forces of Ukraine, as well as other military formations, law enforcement
and intelligence agencies, special purpose agencies with law enforcement
functions formed in accordance with the laws of Ukraine; defense-industrial
complex; citizens and public associations; 3) auxiliary parts of the system
(Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, judicial
agencies, international institutions).
In our opinion, some of the achievements of the developed countries
in the eld of protecting critical infrastructure facilities should become a
model for Ukraine. It should be noted that the term of “protection of critical
infrastructure facilities” means not only its physical or legal protection from
dangers and encroachments, but also constant work on its improvement
and bringing it into line with modern standards.
794
Andrii Ighorovych Denysov, Hennadii Yevhenovych Bershov, Viacheslav Vitaliiovych Krykun y
Olha Zhydovtseva
Protection of Critical Infrastructure Facilities as a Component of the National Security
For example, it is applied to regular maintenance and construction
works on such facilities to prevent them from losing their eectiveness
or functionality. It can also include the introduction of new or revision of
existing standards of safety and quality of work, which is especially critical
for institutions and enterprises that in their direct activities interact with
hazardous substances or transport them (Critical infrastructure protection,
2021).
It is worth noting that according to recently published research
conducted by foreign scholars, high technology is one of the most important
components of eciency and reliability of institutions and departments
that are part of critical infrastructure facilities.
The seriousness of the “technological issue” in compatible infrastructure
industries is growing stronger over the time. Most of the current activities
for the protection and proper maintenance of infrastructure facilities are
carried out using high-tech devices, as well as software both of domestic
and mostly foreign production.
Security experts point out that cyberspace threats are currently the
biggest threat to critical infrastructure facilities. Given the high level of
“computerization” in today’s world, public and private institutions that carry
out control and protection of the above-mentioned critical infrastructure
facilities are trying to protect themselves as much as possible from real and
potential cyber threats.
In order to properly protect cyberspace in a particular country, the
following two conditions must be met. First of all, eective executive
activities of agencies that carry out protection of critical infrastructure
facilities should be ensured (Protection of Critical Infrastructure, 2020).
Secondly, these activities should be supported by qualitative legislation
in order to make it more eective. It is noted that despite certain mistakes
and negative factors, which currently enrich the realities of the domestic
sphere of combating cybercrime, we can say that Ukrainian society and
government are taking some positive steps towards creating reliable
mechanisms to protect cyberspace, including critical infrastructure
facilities.
Thus, considering the legal basis for the functioning of domestic
cybersecurity systems, regarding the protection of infrastructure facilities,
it is necessary to note the Law of Ukraine “On Basic Principles of Cyber
Security of Ukraine” (October 5, 2017, No. 2163-VIII). This regulatory
legal act, among other things, denes critical infrastructure facilities as
“enterprises, institutions and organizations, regardless of ownership, … of
great importance to the economy and industry, the functioning of society
and public safety….”. This legal act also states that the “decommissioning
or malfunctioning” of these facilities “may have a negative impact on the
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state of the national security and defense of Ukraine…, may pose a threat to
human life and health”.
Given the fact that this law has a direct focus on cybersecurity sector, it
also specically denes the term of “critical information infrastructure” as
“a set of critical information infrastructure facilities”.
Thus, we note that the importance of this law primarily lies in providing
a clear denition and relative systematization of subjects, objects and legal
phenomena related to ensuring cybersecurity and protection of critical
infrastructure facilities. It is recognized important mainly because a legal
act (specied Law) appeared in Ukraine for the rst time after a long
time, which is supported by a real, actively functioning program of the
government, the National Bank and other state agencies.
Each of the indicated institutions outlined its activities in this direction
by its own statutes and special by-laws. On this basis, we argue that
nally we received a balanced comprehensive approach to solving existing
problems in the eld of critical infrastructure protection by various public
authorities (Insuring Public Buildings, Contents, Vehicles, and Equipment
Against Disasters, 2020).
Ukraine, having this approach to solve a specic problem, becomes on
a par with politically and economically developed countries, such as the
United States, Canada, and Western Europe countries. The vast majority
of both domestic and foreign researchers strongly support the statement
that this way of solving existing problems with infrastructure facilities will
bring positive results (Ismael and Aaron, 2020). Other existing problems
of the Ukrainian state and society should be solved in a similar way. We
fully agree with the views of researchers and scholars regarding this issue
and argue that those successes that have been recently achieved should be
further developed. To this end, government agencies and departments of
Ukraine, which are responsible for the proper protection and operation of
critical infrastructure facilities of Ukraine, should follow the example of the
developed countries (Understanding and Pursuing Information Advantage,
2020).
In particular, we should pay attention and try to adopt the technological
solutions that are used in the United States or European countries to protect
infrastructure facilities. It is especially true about their methods and means
of protection within cyberspace (OPSWAT, 2019). The Department of
Homeland Security, which includes federal agencies and institutions, also
operates in the United States as the coordinating agency.
We suggest among the specic propositions for improving the systems
and mechanisms for the protection of critical infrastructure facilities to
introduce the uniform safety standards at these facilities.
796
Andrii Ighorovych Denysov, Hennadii Yevhenovych Bershov, Viacheslav Vitaliiovych Krykun y
Olha Zhydovtseva
Protection of Critical Infrastructure Facilities as a Component of the National Security
Having studied the problematic issues of further development of the state
system of critical infrastructure protection, D. H. Bobro (2017) identied the
following areas that do the world’s countries: 1. Develop the normative base
and regularly review it. 2. Determine the coordinating agency. 3. Develop
methodological approaches, form a list of critical infrastructure, assess the
threats and risks of critical infrastructure, develop response plans, regularly
evaluate their eectiveness (for example, the National Center for Analysis
and Simulation of Infrastructure of the Home Aairs Ministry takes care of
this issue in the US). 4. Provide training of qualied personnel in the eld of
critical infrastructure protection. 5. Organize the exchange of information
and best practices. 6. Develop public and private partnership.
Detailing and revealing this proposition more deeply, we note that the
option of implementing this proposition may be a single (unied) “set” of
solutions and specic actions that must be implemented by the management
of a critical infrastructure facility in case of the threat of attack, natural
disasters, and other emergencies (Cyber Security Strategy, 2016). At the
same time, the protection of infrastructural facilities that are critically
important for the state does not have to be entrusted to a single institution.
The main thing is that public and private agencies that carry out
these security activities adhere to common standards. We also consider
it necessary to suggest the introduction of a mechanism to control the
selection and further operation of the software, which is the basis for the
system of protection of critical infrastructure facilities (The History of
Critical Infrastructure Protection, 2021). It is due to the fact that Ukraine
must seriously care about the process of selecting and implementing foreign
software in its own infrastructure protection system in the context of the
ongoing armed and information conict with the Russian Federation, as well
as due to the growing “cyber espionage” by China and other authoritarian
states (NISS, 2020).
As an example of the dangerous impact of “hostile” software on operating
systems and access to private information, we should note the Russian anti-
virus “Kaspersky system”, which has been repeatedly noticed and recorded
in illegal access to personal information of customers and its subsequent
transfer to Russian state military and security agencies.
About China, we emphasize that its illegal interference into cyber
systems of critical infrastructure facilities of Western countries is mainly
due to industrial espionage. Thus, it concerns the theft of the necessary
information to take over the secrets of manufacturing and application of
certain technologies (Demos, 2021). Instead, a serious and well-thought-
out approach to the processes related to the selection and implementation
of the necessary software into the infrastructure protection system will
signicantly improve the domestic infrastructure protection system
(Khazaei and Amini, 2021). We should separately note that these
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propositions should contain the best elements of the experience of leading
foreign countries in this area and should be adapted to domestic realities
(Rehak, 2019).
Conclusions
Summarizing all the theses, statements and scientic views of researchers
presented in this article, as well as forming the author’s nal conclusions
based on them, we note that the protection of critical infrastructure facilities
is one of the key elements for functioning of the state’s national security.
Achieving a proper (eective) state of aairs in the eld of protecting
critical infrastructure facilities will be possible only if there is successful
implementation of several components listed and detailed in this article.
First of all, it concerns the creation and smooth functioning of clear
legislative and legal regulation, which should facilitate to make the state
policy on the protection of critical infrastructure facilities clear and
unambiguous.
Secondly, it is noted that the development and improvement of the
system of protecting infrastructure facilities must be accompanied by
the mandatory use of high technology in the activities of the competent
authorities for the protection of critical infrastructure.
The emphasis is placed on the fact that the level of “processibility” or
scientic and technical provision of a particular state is currently a major
factor in its ability to reliably protect its own critical infrastructure.
This logically implies the conclusion about the importance of a reliable
cybersecurity system at enterprises, institutions, and other facilities, which
are included in the list of critical infrastructure facilities according to the
legislation of the country.
In particular, the author has made own suggestions that the cybersecurity
system at the above facilities should be based on uniform standards (rules)
of operation. The importance of fruitful interaction of domestic structures
involved in this sphere with developed countries has been especially
emphasized.
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Esta revista fue editada en formato digital y publicada
en diciembre de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 71
