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
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.40 N° 73
Julio
Diciembre
2022
Recibido el 03/03/2022 Aceptado el 25/05/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
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Vol. 40, Nº 73 (2022), 583-599
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Cyber security as the basis for the
national security of Ukraine
DOI: https://doi.org/10.46398/cuestpol.4073.33
Oleh Tarasenko *
Dmytro Mirkovets **
Artem Shevchyshen ***
Oleksandr Nahorniuk-Danyliuk ****
Yurii Yermakov *****
Abstract
The goal of the article is to identify cybersecurity issues as a
component of national security and suggest ways to solve them.
The topic of the research is the cyber security of Ukraine. In
the course of the research, the following methods were used:
dialectical method, formal and legal method, comparative-legal
method and scientic abstraction method. As a result, the legal
acts governing cybersecurity in Ukraine are analyzed, the cyber
security actors are determined and their functions are dened. Practical
implementation. There is a need to establish and implement an annual
plan for the implementation of the Cyber Security Strategy, which should
detail the actions to ensure cyber security, identify specic measures,
deadlines and responsible actors. It is concluded that, ways to improve the
cybersecurity system (as part of national security), which will update the
legal mechanisms of cybersecurity, create cybersecurity infrastructure at
the global level, establish eective interaction between cybersecurity actors
regardless of their departmental aliation and / or form of ownership,
including with the owners of critical infrastructure and non-state owned
information), are in their primary phase.
* Doctor of Juridical Sciences, Associate Professor, Professor of the Department of operative-search
activity of the National Academy of Internal Aairs (Kyiv, Ukraine). ORCID ID: https://orcid.
org/0000-0002-3179-0143
** Candidate of Juridical Sciences, Associate Professor, Associate Professor Department public law
disciplines Private Higher Education Institution «University of Modern Knowledge» (Kyiv, Ukraine).
ORCID ID: https://orcid.org/0000-0003-2539-2824
*** Doctor of Juridical Sciences, Associate Professor, Professor of the Department of Criminal Procedure
of the National Academy of Internal Aairs (Kyiv, Ukraine). ORСID ID: https://orcid.org/0000-0002-
1342-6639
**** Candidate of Juridical Sciences, Lecturer of the Department of Civil and Legal Disciplines of the
National Academy of Internal Aairs (Kyiv, Ukraine). ORCID ID: https://orcid.org/0000-0003-1511-
7140
***** Doctor of Juridical Sciences, Associate Professor, Research Ocer of the Department of Scientic and
Legal Expertise and Law Drafting of the Educational and Research Institute of Public Law. ORCID ID:
https://orcid.org/0000-0002-9400-0604
584
Oleh Tarasenko, Dmytro Mirkovets, Artem Shevchyshen, Oleksandr Nahorniuk-Danyliuk y
Yurii Yermakov
Cyber security as the basis for the national security of Ukraine
Keywords: cybersecurity; information and communication technologies;
national security; security strategy; cyberterrorism.
La ciberseguridad como base para la seguridad
nacional de Ucrania
Resumen
El objetivo del artículo es identicar los problemas de la seguridad
cibernética como un componente de la seguridad nacional y sugerir formas
de resolverlos. El tema de la investigación es la seguridad cibernética de
Ucrania. En el transcurso de la investigación se utilizaron los siguientes
métodos: método dialéctico, método formal y legal, método comparativo-
legal y método de abstracción cientíca. A modo de resultado, se analizan
los actos jurídicos que rigen la seguridad cibernética en Ucrania, se
determinan los actores de la seguridad cibernética y se denen sus funciones.
Implementación práctica. Existe la necesidad de establecer e implementar
un plan anual para la implementación de la Estrategia de Seguridad
Cibernética, que debe detallar las acciones para garantizar la seguridad
cibernética, identicar medidas especícas, plazos y actores responsables.
Se concluye que, las formas de mejorar el sistema de seguridad cibernética
(como parte de la seguridad nacional), que actualizará los mecanismos
legales de seguridad cibernética, crear infraestructura de seguridad
cibernética a nivel global, establecer una interacción efectiva entre los
actores de seguridad cibernética independientemente de su aliación
departamental y/o forma de propiedad, incluso con los propietarios de
infraestructura crítica y de información de propiedad no estatal), están en
su fase primaria.
Palabras clave: ciberseguridad; tecnologías de la información y la
comunicación; seguridad nacional; estrategia de
seguridad; ciberterrorismo.
Introduction
Information and communication technologies are one of the most
important factors inuencing the formation of priority areas of development
of the 21st century, which accounted for the achievements of mankind in
the practical implementation of new electronic information technologies.
There is a development of informatization processes related to expanding
the access to information resources and means of their production for all
categories of the population (Dovhan and Doronin, 2017).
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Although current global development trends are based on the widespread
introduction and application of information and communication
technologies, they simultaneously raise the issue of information security
and cyber security (especially for critical information infrastructure), due to
the increasing number and complexity of cyber incidents that enhance the
risks of natural and man-made nature (Order of the Cabinet of Ministers of
Ukraine No. 1009-r, 2017).
According to the materials of the International Forums in Davos (2018
–2019), the problem of cyber security is particularly acute, aecting virtually
all spheres of human life and activity (humanity suers losses of more than
$ 400 billion per year because of cyber-attacks) (Bykov et al., 2019).
The large-scale WannaCry virus attack, which took place on 12 – 13 May
2017, aected tens of thousands of computers around the world: for example,
in the UK, a number of medical facilities across the country were forced to
deny patients services even in emergencies due to failure of most computer
systems; in Spain, the Ministry of Energy and a telecommunications
company were attacked; in Germany, the computers of the railway
company’s control centers were infected, as a result of which the control
system failed; in France, car manufacturer Renault was hit by a massive
cyber-attack; Portugal Telecom, the largest telecommunications service
provider, was attacked in Portugal; in China, about 15% of educational
networks were aected; computer systems of shopping and oce centers,
networks of hospitals and gas stations, postal service, railway stations, as
well as government agencies were attacked (the probable damage caused
by the WannaCry virus in the rst four days exceeded $ 1 billion) (Dovhan
and Doronin, 2017).
This phenomenon clearly demonstrates how modern society depends on
the stable operation of information systems. Cyber security is considered as
a strategic problem at the State level, which aects all segments of society
(Dovhan and Doronin 2017).
That is, the formation of the information society gives new impetus
to the traditional threats to State security and creates fundamentally
new challenges for the national security system. In such conditions, the
search for new opportunities to ensure the security of the State becomes
especially important in view of the formation of a new eld of confrontation
– cyberspace.
Although Ukraine began entering the information space only in the early
1990s of the 20th centuries, but it led to a spike in computer crime resulted
in the development of appropriate legal instruments, adapting them to new
technologies. The activity of the world’s leading countries in cyberspace,
profound changes in attitudes to domestic information policy necessitates
the development of recommendations on short- and long-term priorities
for the transformation of the domestic cyber security sector.
586
Oleh Tarasenko, Dmytro Mirkovets, Artem Shevchyshen, Oleksandr Nahorniuk-Danyliuk y
Yurii Yermakov
Cyber security as the basis for the national security of Ukraine
The urgency of this problem is also determined by the rapid development
of a new type of illegal activity – transnational computer crimes, a sharp
increase in criminal computer professionalism, active migration of criminals
and organization of their actions, interethnic nature, which signicantly
complicated the criminogenic situation (Borysova, 2007).
The state and degree of threats in cyberspace have led to the State’s
response to strategic documents in the area of national security of Ukraine.
Challenges and threats to Ukraine’s national security in cyberspace resulted
in the creation of the Cyber Security Strategy of Ukraine, which was
implemented by the Order of the President of Ukraine of March 15, 2016
(Order of the President of Ukraine No. 96/2016, 2016). The incorporation
of its provisions led to the adoption of the Law of Ukraine “On the Basic
Principles of Cybersecurity in Ukraine” (Law of Ukraine № 2163-VIII,
2017), which is a comprehensive special piece of legislation in the area of
cyber security.
Despite some ambiguities in the text of the statute and possible issues
with its practical application, it should be noted that the period of formation
of the national legislation in the area of cyber security has begun, and the
main act of special legislation initiating the relevant legislation has been
adopted (Dovhan and Doronin, 2017), as well as the corresponding body
of legislation, which constitutes direct legislation in the eld of cybers-
security, has been established.
However, the problem of their real implementation and coherence,
accelerating the incorporation of a set of international documents,
especially the EU and NATO ones (the number of which is growing rapidly),
coordination and interaction of major objects and actors of cyber security
remains relevant.
The analysis of the practical introduction of regulations in the area
of cybersecurity shows a number of problematic issues that prevent the
creation of an eective system of countering threats in cyberspace (such as
terminological uncertainty, lack of proper coordination of relevant agencies,
Ukraine’s dependence on foreign software and hardware, diculties with
stang the relevant structural units, etc.) (Dubov, 2010).
1. Methodology
The methodological basis for the research was laid by the system and
structural method and the method of ascension from the abstract to the
concrete. In combination with the method of analysis, they have become
an eective tool in the study of theoretical and methodological principles of
ensuring cyber security in Ukraine.
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The philosophical and ideological basis for the study is the dialectical
method of scientic knowledge of cyber security as a legal category in
contradictions and changes, which created an opportunity to assess the
historical development of this phenomenon, the establishment of the legal
institution and the formation of modern paradigm of cyber security.
With the help of the formal and legal method the concept of research
categories was substantiated, the conceptual categorical apparatus was
formed. The comparative and legal method was used in the study of domestic
legislation on legal support for cyber security in view of cyber threats. The
method of scientic abstraction allowed to propose substantiated measures
to combat threats in the area of cyber security.
2. Literature Review
The issues of counteraction to illegal acts in the area of high technology
are revealed in the works of a number of domestic and foreign scientists.
Sushko (2021) provided the denition of cyber security, which,
according to her opinion, is the practice of protecting networks, devices,
and applications from damage or theft. Besides, she emphasized that quit
often the concepts of “cybersecurity” and “information security” are applied
in parallel, but they are totally dierent: information security deals with the
means that protect personal data and cyber security is the activity aimed at
the protection of systems, programmes and electronic data from attacks.
For example, Delesline (2021) considered the dierence between IT
security and cyber security and comes to the conclusion the rst concept
is broader one: information technology focuses on the systems that store
and transmit digital information, while cyber security deals with protecting
electronic information stored within those systems.
Lopez (2022) provided an overview of the state of cyber security in the
UK for the period 2016 – 2021. She underlined the increasing role of Internet
technologies on the British economy, but at the same time stressed on the
growing number of cyber-attacks. That is why she proposed the measures
the UK government should undertake to prevent them and minimize their
adverse eect.
Part of the research has been undertaken precisely in the context of
the scientic rationale for the provision of cyber security; in particular,
Bakalinska and Bakalynskyi (2019) analyzed the prerequisites and features
of Ukrainian legislation in the area of cyber security, identied problems
and prospects for its further development in terms of assessing existing
dangers and threats, identied the areas for adapting domestic cyber
security legislation to the EU standards within the implementation of the
provisions of the Association Agreement between Ukraine and the EU.
588
Oleh Tarasenko, Dmytro Mirkovets, Artem Shevchyshen, Oleksandr Nahorniuk-Danyliuk y
Yurii Yermakov
Cyber security as the basis for the national security of Ukraine
Bykov et al. (2019) covered such types of protection of cyber security
as legal, informational, organizational and psychological one, in humans’
centric networks, concluding that the most signicant among cyber threats
are the methods of social engineering.
Kosinova et al. (2021) addressed the regulation of cyber security policy
implementation relationships in the EU and Ukraine. The authors analyzed
the system of legal instruments of the EU institutions in the area of cyber
security, specied mechanisms for adopting cyber policy in the EU Member
States, explored their main capabilities, means of implementation and EU
institutions responsible for the functioning of secure European cyberspace
(including the EU Cyber security Agency).
Stanislavskyi (2020) studied national cyber security strategies,
summarized the trends in cyber security systems of leading countries and
their associations, the State of international cooperation, dened the list
and content of scientically based capacity-building proposals to enhance
Ukraine’s ability to adequately address cyber security threats and to develop
national cyber security.
Bratel et al. (2021) investigated the threats to the information security
of Ukraine, and, in particular – to its cyber security. They also examined the
legal status, powers and tasks of rule-of-law institutions to ensure this kind
of security of our country.
Diorditsa et al. (2021) analyzed cyberterrorism as a threat to Ukraine’s
cyber security. The authors believe that nowadays with the development of
information technologies the great harm to the interests of the State could
be caused precisely through cyberspace.
Thus, the scientists analyzed the system of legal acts of Ukraine in the
area of national cyber security, noted positive changes in the implementation
of cyber policy in Ukraine, including the development of the Cybersecurity
Strategy of Ukraine for 2021 – 2025 (Order of the President of Ukraine
No. 447/2021, 2021; Press-Center of the National Security and Defense
Council of Ukraine, 2021), identied the shortcomings in the regulation
of cyber security and compliance with national legislation, but ignored the
issues related to the implementation of practical tasks of cyber security as a
component of national security.
That is why, the purpose of the article is to identify the problems of cyber
security as a component of national security of Ukraine and suggest the
ways to solve them.
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3. Results and Discussion
On March 15, 2016, the Cyber Security Strategy of Ukraine – a strategic
planning document – was adopted (Order of the President of Ukraine No.
447/2021, 2021). Later, the Laws of Ukraine “On the Basic Principles of
Cybersecurity in Ukraine” (Law of Ukraine № 2163-VIII, 2017), “On the
National Security of Ukraine” (Law of Ukraine No. 2469-VIII, 2018), which
legitimized the status of the Cyber Security Strategy, were adopted. During
the development and adoption of this Strategy, the government took into
account the current trends in security policy in world politics, as over the
past ve years, strategies such as strategic planning documents have been
adopted in almost all countries of the world (Dovhan and Doronin, 2017).
The Law of Ukraine “On the Basic Principles of Cybersecurity in Ukraine”
(Law of Ukraine № 2163-VIII, 2017) is the concept of development of cyber
security, which denes the category-conceptual apparatus, objects, subjects
and principles of cyber security, the structure of National cyber security
system and the tasks of its main components, mechanisms of public-private
and public-State partnership, etc.
It should be noted that logically, this Law as the concept should precede
the Cyber Security Strategy of Ukraine (that was adopted a year earlier),
which aected the quality of its implementation. The adoption of this Law
(Law of Ukraine № 2163-VIII, 2017), as well as the Law “On the National
Security of Ukraine” was an important factor inuencing the essence of the
measures proposed in the draft annual action plans for the implementation
of the Strategy.
If the rst one solved the problem of regulating public relations in the
area of cyber security and outlined the national cyber security system, the
second one clearly dened their place in the national security system.
The Law (Law of Ukraine № 2163-VIII, 2017) determines: legal and
organizational basis for ensuring protection in cyberspace; main goals,
directions and principles of State policy; the capacities of actors and the
main principles of their coordination.
The Strategy separates the area of “cyber security and security of
information resources” and “information security”, as well as identies
its priorities: development of information infrastructure of the State;
establishment of cyber security system, development of a computer
emergency response network (CERT); cyberspace monitoring in order
to timely detect, prevent and neutralize cyber threats; enhancing the
capacity of law enforcement agencies to investigate cybercrime; ensuring
the protection of critical infrastructure, State information resources from
cyber-attacks; reforming the system of protection of State secrets and
other information with limited access, protection of State information
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Oleh Tarasenko, Dmytro Mirkovets, Artem Shevchyshen, Oleksandr Nahorniuk-Danyliuk y
Yurii Yermakov
Cyber security as the basis for the national security of Ukraine
resources, e-government systems, technical and cryptographic protection
of information.
That is, both the Strategy and the Law (Law of Ukraine № 2163-VIII,
2017) distinguish the elements of the cyber security system, their general
functions and tasks, but the organization of their interaction is practically
undened; it means that it should be regulated at the level of regulations
(including by-laws) of the executive branch.
The Order of the President of Ukraine of June 07, 2016 No. 242/2016
(Order of the President of Ukraine No. 242/2016, 2016) approved the
Regulation on the National Coordination Center for Cyber Security (i.e.,
before the adoption of the Law of Ukraine “On the Basic Principles of
Cybersecurity in Ukraine”).
The competence of the National Cyber Security Coordination Center
is enshrined in Part 2, 5 of the Law of Ukraine “On the Basic Principles
of Cybersecurity in Ukraine” (Law of Ukraine № 2163-VIII, 2017); in
particular, the Center coordinates and monitors the activities of security and
defense actors, ensuring cyber security, makes proposals to the President of
Ukraine on the formation and renement of the Cyber Security Strategy of
Ukraine, ensures cyber security, etc.
The task of performing all procedures, including regulatory ones, is
entrusted to the State Service for Special Communications and Information
Protection of Ukraine (Law of Ukraine No. 3475-IV, 2006). The Law
of Ukraine “On the Basic Principles of Cybersecurity in Ukraine” (Law
of Ukraine № 2163-VIII, 2017) amended the Law of Ukraine “On the
State Service for Special Communications and Information Protection of
Ukraine”, which includes: accumulation and analysis of data on acts and /
or attempts to commit unauthorized acts on State information resources in
information and telecommunication systems, as well as their consequences,
informing law enforcement agencies to take measures to prevent and cease
criminal oenses in this area;
ensuring the functioning of the Government’s computer emergency
response teams CERT-UA (CERT is the English abbreviation “computer
emergency response team”), which were established as teams of cyber
incident information-gathering experts, the classication and neutralization
of these incidents);
co-ordination of the activities of cyber security entities in relation to
cyber security;
introduction of organizational and technical model of cyber defense,
implementation of organizational and technical measures to prevent,
detect and respond to cyber incidents and cyber-attacks and eliminate their
consequences;
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informing about cyber threats and appropriate methods of protection
against them;
ensuring the implementation of the information security audit system at
critical infrastructure facilities, establishing requirements for information
security auditors, their certication (re-certication);
co-ordination, organization and audit of vulnerability of communication
and technological systems of critical infrastructure facilities for vulnerability;
ensuring the functioning of the State Center for Cyber Defense (Law of
Ukraine No. 3475-IV, 2006; Liha and Tech, 2021). In case of detection of
cyber incidents and cyber-attacks that may pose a threat to national security
or defense capabilities, the State Center for Cyber Defense and Counteraction
to Cyber Threats of the State Service for Special Communications and
Information Protection of Ukraine shall inform the National Cyber Security
Coordination Center and provide the necessary information from the State
Register on critical infrastructure facilities for the formation (adjustment)
of the Cyber Security Strategy of Ukraine and other strategic decisions in
this area (Stanislavskyi, 2020).
The State Service for Special Communications and Information
Protection of Ukraine has proposed a Protocol of joint actions of key actors
in cyber security, cyber defense actors and owners (managers) of critical
information infrastructure facilities and in preventing, detecting, ceasing
cyber-attacks and cyber incidents, as well as eliminating their consequences
(Letter of the State Service for Special Communications and Information
Protection of Ukraine No. 05/02-526, 2019), which provides for the
exchange of information in response to cyber incidents and cyber-attacks
(although it is mandatory only for public information resources with the
application of the Procedure for Coordination of Public Authorities, Local
Governments, Military Units, Enterprises, institutions and organizations,
regardless of ownership, to prevent, detect and eliminate the eects of
unauthorized actions on State information resources in information,
telecommunications and information and telecommunications systems
(Order No. 94, 2008).
In accordance with this procedure, these entities in the case of an
attempt to commit and / or committing unauthorized actions in relation
to information and telecommunications systems carry out the following
actions:
• Take measures to immediately inform the State Special
Communications Service by sending an appropriate electronic
message in the form enshrined by this Procedure.
• CERT, which acts as a coordinator within the State Service for
Special Communications and Information Protection of Ukraine,
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Yurii Yermakov
Cyber security as the basis for the national security of Ukraine
within 24 hours should be informed by the security administrator
of the information and telecommunication system, against which
attempts or unauthorized acts are detected.
• Owners / managers of information and telecommunication systems
should take measures to preserve (x) signs of unauthorized actions
and implement, among other things, the recommendations of the
coordinator, as well as the physical access of his (her) representatives
to implement measures to block and localize negative consequences
of unauthorized actions and restore system.
Formally, the system seems to be working, but based on examples from
the more advanced countries of the world, it does not take into account
a number of domestic realities. The Law (Law of Ukraine № 2163-VIII,
2017) denes the main actors of the national cyber security system (and
their specic tasks), cyberdefence actors, as well as a system of bodies
to coordinate them. Indeed, the cyber security system has already been
established for key players in the national cybersecurity system, as well as
the coordination of their activities has been determined. But remains more
signicant in the number and range of entities not covered by these security
protocols.
The objects of protection in information and telecommunication systems
are the relationship of ownership of the information and software processed
therein and the software that is designed to process this information. The
actors of protection of information in information and telecommunications
systems in addition to information owners are: information managers (on
the basis of a contract or on behalf of the owner of information); system
owners; system managers (on the basis of a contract or on behalf of the
system owner); users (consumers of information and telecommunication
services).
Although the Protocol should logically apply to the main actors of
cyber security, cyber security entities and owners (managers) of critical
information infrastructure, but the justication prior to its elaboration
indicates not to extend its rules to cyber incidents, which are not related
to unauthorized actions on State information resources. Similarly, the
Law (Law of Ukraine № 2163-VIII, 2017) does not apply to internal (local)
computer networks not interacting (not connected) to global computer
networks.
Relationships developed using social networks, as well as “private”
electronic information resources (apparently non-State ones) are not
regulated by the Law “On the Basic Principles of Cyber security in Ukraine”
under certain conditions – lack of information that needs to be protected by
law (Dovhan and Doronin, 2017).
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However, in the course of privatization, some of the critical infrastructure
has already been privatized and, accordingly, the information contained in
their information and telecommunications systems does not belong to the
State, and therefore they are not formally protected. Moreover, the General
Requirements for Cyber security of Critical Infrastructure do not address
the exchange of information on cyber-attacks and cyber incidents at all.
This problem, in a slightly dierent context, has already been considered
by the scientists, who noted that in the general problem of cyber security
of critical infrastructure is particularly relevant in the development and
implementation of organizational and legal mechanisms for strategic
management of cyber security (Stanislavskyi, 2020). However, the issue of
ensuring co-operation between the National Cyber Security Coordination
Center, the State Cyber Defense Center, the Governmental Computer
Emergency Response Team of Ukraine CERT-UA and other computer
emergency response teams remains unclear, as well their interaction with
international cyber security centers.
The division of responsibilities of special institutions to secure the State’s
cyberspace is unclear. This problem is a continuation of the regulatory
uncertainty and, in particular, the lack of strategic documents with such
segregation of duties (with a determination of the responsible agency)
would be made.
The National Coordination Center for Cyber Security (under the National
Security and Defense Council) does not have the appropriate capabilities,
but practically coordinates only the main actors of cyber security in Ukraine,
the list of which essentially includes the entire power unit and the main
form of work of the Centre is the acceptance at its meeting s of instructions
to other State bodies on the basis of information provided by both the main
actors of cyber security and the special agency – the State Service for Special
Communications and Information Protection of Ukraine.
But latter is the specially authorized agency in the area of special
communications and information protection, and cyber security is not
just about communication and information security. The system and
related procedures of the State Service for Special Communications and
Information Protection have been built up for decades to ensure the
protection of information that is a state secret (of various status and level).
Therefore, the primitive inclusion of cyber threats in the list of tasks (and
competencies) of the Special Communications and Information Protection
of Ukraine is not eective; this is also understood by the authorities, since
they have created (albeit on the basis of an already existing structure of
the State Special Communications) a specialized unit – the State Center
for Cyber Defense. Again, CERT-UA is a practically «re brigade» for
responding to computer emergency events (like other similar teams in the
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world), one of the main functions of which is to interact with CERT of other
countries.
Formally, the State Service for Special Communications and Information
Protection should collect proposals from other entities, formulate a draft
Action Plan on the implementation of the Cyber Security Strategy and
submit it for approval to the National Security and Defense Council and
the government (followed by a corresponding draft order of the Cabinet of
Ministers of Ukraine at all stages of the development and adoption).
But such a plan has not been approved since 2019, which is not least
due to the tendency to apply mechanisms of related law (information
protection) addressing the challenges of cyber security and the imbalance
between the interests of non-State actors (trying to ensure the integrity of
their own information electronic resources, including those that provide
critical infrastructure) and the strategic capabilities of the State Service for
Special Communications and Information Protection in the area of cyber
security (considering that these functions should be performed by the
State Center for Cyber Security and the Government Computer Emergency
Response Team (CERT-UA).
As a result, this work is not carried out systematically, the feedback
between the State agency and private entities is not provided, which leads
to either neglect of relevant proposals or implementation of strategic
planning in the form of actual summarization of submitted proposals
without appropriate adjustment. As a result, a signicant part of cyber
security entities, which are not the main actors of cyber security in Ukraine,
remain outside the development of annual plans (Stanislavskyi, 2020).
It is also important to stress on the lack of eective interaction between
cyber security actors in the context of minimizing the threat of cybercrime,
taking preventive measures and investigating cybercrime.
Currently, the existing mechanisms of co-operation are limited to
informing the law enforcement agencies of Ukraine about the detected
unauthorized actions. However, in the absence of ocers of operational
units, pre-trial investigation agencies, prosecutors, judges with sucient
knowledge, skills and abilities in the area of information technology
and cyber security, it is important to develop appropriate mechanisms
for cooperation and involvement of other cyber security actors in the
implementation of measures to prevent, detect and cease cybercrime. This
issue is especially acute due to the need for an eective response of the State
to the manifestations of transnational cybercrime, cyber terrorism and
other illegal manifestations that threaten the cyber security of the State.
The analysis of the unied reports of the Prosecutor General’s Oce of
Ukraine on registered criminal oenses and the results of their pre-trial
investigation for the period 2019 – 2021 indicated low eciency of pre-
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trial investigation of cybercrime, which includes the suspension of criminal
proceedings for lack of suspicion.
These problems cause the ineciency of cyber security policy as the
component of national security of Ukraine and require the changes in
certain elements of this system:
• Updating the current Cyber security Strategy and the mechanism
for its implementation by clearly dening its tasks (including the
time frame for the implementation).
• Development and adoption of the annual State Plan for the
implementation of the Cyber Security Strategy.
• Determination of specic measurable results of the Plan’s
implementation.
• Providing feedback during in formulating the Plan with stakeholders
(including non-State critical infrastructure), the disruption of the
normal functioning of which (due to the implementation of cyber
security threats) may aect national and regional security; i.e., they
should be equal partners in both the formation of the Plan and its
implementation.
• Financing the implementation of measures to protect information
and telecommunications systems of critical infrastructure of non-
State ownership should be carried out at the expense of funds
provided in the state budget for the implementation of the Cyber
Security Strategy Implementation Plan.
• The State Center for Cyber Security should be presented not as a
separate specialized unit within another agency, but as a separate
entity with appropriate subordination and funding, which will focus
solely on cyber security (rather than protection of information
constituting ocial or State secrets), develop a planning mechanism
for the implementation of The Strategy, ensure cooperation between
cyber security actors (both state and non-State ones), the national
coordinator and the Government.
• In order to coordinate the activities of critical infrastructure
facilities, a person who has the functions of countering cyber threats
and interacting with the State Center for Cyber Security should be
included by the State.
• Central authorities that control the areas with critical infrastructure
facilities should receive regulatory documents with the list of such
objects, possible threats and actions taken to implement such
threats in each of the possible situations and the capacity to provide
cyber protection in-house.
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- Developing and consolidating the mechanisms of interaction
of the cyber security actors during the pre-trial investigation of
cybercrimes in the criminal procedural legislation of Ukraine.
- Enshrining the possibility of conducting special criminal
proceedings subject to all legally dened conditions in criminal
proceedings on cybercrime in the Criminal Procedure Code of
Ukraine.
Conclusion
Thus, Ukraine began to create a system of cyber security, for which a
number of regulations were developed, the actors were identied and their
functions in the area of cyber security were determined. However, the
situation in the domestic cyber security sector is characterized by several
signicant problems:
1) the Cyber Security Strategy is formulated without taking into account
the current state of cyber threats, systematic regulations identifying
threats to Ukraine in cyberspace, rapid development of computer
and communication technologies;
2) the annual plan for the implementation of the Cyber Security Strategy
(which should detail the actions to ensure cyber security, determine
specic measures, deadlines and responsible actors) is not drawn up;
3) the National Security Strategy of Ukraine does not partially meet
the risks in cyberspace, as it only states the need to fulll the task
of developing a cyber security system (guaranteeing cyber resilience
and cyber security of the national information infrastructure,
including in the digital transformation), but only identies the need
to complete capabilities of cyber security and cyber defense actors
and strengthening their coordination system.
In the absence of developed and implemented national standards
and technical regulations at the level of critical infrastructure facilities
(including information critical infrastructure) of non-State ownership, lack
of information and communication technologies harmonized with relevant
European standards, the actors that should provide cyber security (as a
component of national security), solve the problems of securing cyberspace,
are more focused on combating criminal acts with the use of information
and telecommunications systems.
The proposed ways to improve the cyber security system (as part of
national security) will update the legal mechanisms for cyber security,
create cyber security infrastructure at the global level, establish eective
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interaction between its actors regardless of their departmental aliation
and / or ownership (including with the owners of critical and information
infrastructure of non-State ownership), increase the eciency of pre-trial
investigation of cybercrime.
Bibliographic References
BAKALINSKA, Olha; BAKALYNSKYI, Oleksandr. 2019. “Legal support for
cyber security in Ukraine” In: Entrepreneurship, Economy and Law. No.
19, pp. 100-109.
BORYSOVA, Larysa. 2007. Transnational computer crimes as an object of
forensic research. PhD Dissertation. Kyiv National University of Internal
Aairs. Kyiv, Ukraine.
BRATEL, Serhii; MAKARENKO, Nataliia; BORTNYK, Valentyn; LEVCHENKO,
Yurii, MYKYTCHYK, Andrii. 2021. “The Role of Rule-of-Law Institutions
in Ensuring Information Security of Ukraine” In: Amazonia Investiga.
Vol. 10, No. 39, pp. 238-244.
BYKOV, Valeriy; BUROV, Oleksandr; DEMENTIIEVSKA, Nina. 2019. “Cyber
security in the digital learning environment” In: Information technologies
and teaching aids. Vol. 70, No. 2, pp. 313-331.
DELESLINE, Nate. 2021. IT security and cybersecurity: What’s the dierence?
Available online. In: https://www.zdnet.com/education/computers-
tech/dierence-between-it-security-cybersecurity/. Consultation date:
11/12/2021.
DIORDITSA, Ihor; KATERYNCHUK, Kateryna; TELESTAKOVA, Armenui;
NASTIUK, Andrii. 2021. “Cyberterrorism as a threat to the cyber security
of Ukraine: a discussion of Theoretical Aspects” In: Amazonia Investiga.
Vol. 10, No. 40, pp. 73-83.
DOVHAN, Oleksandr; DORONIN, Ivan. 2017. Escalation of cyber threats to
the national interests of Ukraine and legal aspects of cyber defense: a
monograph. Armtek Publishing House. Kyiv, Ukraine.
DUBOV, Dmytro. 2010. Current trends in cyber security policy: conclusions for
Ukraine. Analytical note. Available online. In: http://www.niss.gov.ua/
articles/294/. Consultation date: 11/12/2021.
KOSINOVA, Daryna; IVCHUK, Kateryna; CHERNIAVSKYI, Oleksandr. 2021.
“Legal analysis of the current state and trends in the development
of the EU and Ukrainian legislation in the area of cyber security”
598
Oleh Tarasenko, Dmytro Mirkovets, Artem Shevchyshen, Oleksandr Nahorniuk-Danyliuk y
Yurii Yermakov
Cyber security as the basis for the national security of Ukraine
In: International Scientic Journal “Internauka”, Series: Juridical
Sciences. Available online. In: https://www.inter-nauka.com/issues/
law2021/4/7119. Consultation date: 11/12/2021.
LAW OF UKRAINE NO. 2163-VIII. 2017. On the Basic Principles of Cyber
security in Ukraine. Bulletin of the Verkhovna Rada of Ukraine,
Kyiv, Ukraine. Available online. In: https://zakon.rada.gov.ua/laws/
show/2163-19#Text. Consultation date: 11/12/2021.
LAW OF UKRAINE NO. 2469-VIII. 2018. On National Security of Ukraine,
Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, 21 June
2018. Available online. In: https://zakon.rada.gov.ua/laws/show/2469-
19#Text. Consultation date: 11/12/2021.
LAW OF UKRAINE NO. 3475-IV. 2006. On the State Service for Special
Communications and Information Protection of Ukraine. Bulletin of
the Verkhovna Rada of Ukraine. Kyiv, Ukraine. Available online. In:
https://zakon.rada.gov.ua/laws/show/3475-15#Text. Consultation
date: 11/12/2021.
LETTER OF THE STATE SERVICE FOR SPECIAL COMMUNICATIONS AND
INFORMATION PROTECTION OF UKRAINE NO. 05/02-526. 2019.
Protocol of joint actions of the key actors in cybersecurity, cyberdefence
actors and owners (managers) of critical information infrastructure
facilities and in preventing, detecting, ceasing cyber-attacks and cyber
incidents, as well as eliminating their consequences. Available online.
In: http://www.drs.gov.ua/wp-content/uploads/2019/06/5606.pdf.
Consultation date: 11/12/2021.
LIHA.TECH. 2021. The National Security and Defense Council has adopted
the Strategy for the development of cyber security in Ukraine for 5
years. Available online. In: https://tech.liga.net/technology/novosti/
snbo-prinyal-strategiyu-razvitiya-kiberbezopasnosti-ukrainy-na-5-let.
Consultation date: 11/12/2021.
LOPEZ, Julia. 2022. 2022 cyber security incentives and regulation review.
GOV.UK. Available online. In: https://www.gov.uk/government/
publications/2022-cyber-security-incentives-and-regulation-
review/2022-cyber-security-incentives-and-regulation-review.
Consultation date: 11/12/2021.
ORDER NO. 94. Procedure for coordinating the activities of public authorities,
local governments, military formations, enterprises, institutions
and organizations, regardless of ownership, to prevent, detect and
eliminate the eects of unauthorized actions on State information
resources in information, telecommunications and information and
599
CUESTIONES POLÍTICAS
Vol. 39 Nº 73 (2021): 583-599
telecommunication systems of the administration of the state service for
special communications and information protection of Ukraine. Bulletin
of the Verkhovna Rada of Ukraine. Kyiv, Ukraine. Available online. In:
https://zakon.rada.gov.ua/laws/show/z0603-08. Consultation date:
11/12/2021.
ORDER OF THE CABINET OF MINISTERS OF UKRAINE NO. 1009-R. 2017.
The concept of establishing the State system of critical infrastructure
protection, Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine,
06 December 2017. Available online. In: https://zakon.rada.gov.ua/
laws/show/1009-2017-%D1%80?lang=en#Text. Consultation date:
11/12/2021.
ORDER OF THE PRESIDENT OF UKRAINE NO. 242/2016. 2016. On
the National Coordination Center for Cyber Security. Bulletin of the
Verkhovna Rada of Ukraine. Kyiv, Ukraine. Available online. In: https://
zakon.rada.gov.ua/laws/show/242/2016#Text. Consultation date:
11/12/2021.
ORDER OF THE PRESIDENT OF UKRAINE NO. 447/2021. 2021. On the
decision of the National Security and Defense Council of Ukraine “On
the Cyber Security Strategy of Ukraine”. Bulletin of the Verkhovna Rada
of Ukraine. Kyiv, Ukraine. Available online. In: https://www.president.
gov.ua/documents/4472021-40013. Consultation date: 11/12/2021.
ORDER OF THE PRESIDENT OF UKRAINE No. 96/2016. 2016. On the Cyber
Security Strategy of Ukraine. Bulletin of the Verkhovna Rada of Ukraine,
Kyiv, Ukraine, 15 March 2016. Available online. In: https://zakon.rada.
gov.ua/laws/show/96/2016. Consultation date: 11/12/2021.
PRESS-CENTER OF THE NATIONAL SECURITY AND DEFENSE COUNCIL
OF UKRAINE. 2021. The Working Group at the National Coordination
Center for Cyber Security of the National Security and Defense Council
of Ukraine approved the draft Cyber Security Strategy of Ukraine for
2021 – 2025. Available online. In: https://www.ukrinform.ru/rubric-
society/3202073-rabocaa-gruppa-pri-snbo-odobril-proekt-strategii-
kiberbezopasnosti.html. Consultation date: 11/12/2021.
STANISLAVSKYI, Taras. 2020. The development of cyber security public
administration’s mechanisms. PhD Dissertation. The Training of
Personnel Institute of the State Employment Service of Ukraine. Kyiv,
Ukraine.
SUSHKO, Olga. 2021. What Is Cybersecurity and Why Is It Important? Clario.
Available online. In: https://clario.co/blog/what-is-cyber-security/.
Consultation date: 11/12/2021.
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Esta revista fue editada en formato digital y publicada
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