Журнал "Інформація і право" № 1(16)/2016

MELNYCHUK S.M.,

PhD

 

 

THE LAW-MAKING ACTIVITY LEADING LEGAL FORM FOR THE REALIZATION OF THE STATE FUNCTIONS: THEORETICAL AND THE APPLIED ASPECT.

Summary. The modern vision of the traditional legal categories of phenomena should embody the views as a positive and natural law. Such symbiosis appears to some extent novel compared to the backdrop of established beliefs formed during the Soviet period. But it overcomes the usual academic approach to the characterization of the legal categories that are relevant in the light of the national legislation harmonization related to integration processes and the impact of globalization in general. The modernization of the legal system promotes the improvement of methodological approaches research categories and effects of legal science. The scientific article is devoted to law-making activity. This activity is examined as a leading legal form of state functions performing.

The analysis of scientific view-point on its understanding. There are different approaches to the definition of "law-making activity". Legal science has ambiguous attitude to this. In this area there are many questions to which there are no clear answers. Some of them are controversial. Attention is paid to the functional component of law-making and the factors influencing it. It is necessary to form a qualitatively new system of the law-making activity functions. A model of the system of factors of influence is not absolute. The factors of influence are varied in their composition and co-operation inter se differ.

The effectiveness of the state functions depends directly on the quality of creation of legal act. Activity of creation of legal act is typical only for the competent state organs or their officials. It cannot be carried out by citizens or non-governmental organizations. Conceptual approaches to understanding the term "the law-making activities" have been summarized. Determining the legal categories and phenomena should have logical connection with the previous generally recognized definitions. The authorial definition of investigated category has been offered.

Keywords: state, state functions, legal form, the law-making activities, the right understanding.

 

ZABARA I.M.,

PhD, Associate Professor of the IIR Department of International Law of Taras Schevchenko National University of Kyiv, the author of over 150 publications on the International Law.

 

 

 

THE BASIS OF INTERNATIONAL LEGAL INFORMATION ORDER

Summary. The article analyzes one of problem questions of modern international legal information order. The author investigates international legal information relations.

The author examines composition of international legal information relations from positions of maintenance of information, use of information in intergovernmental relations, technical requirements of information transfer and providing of international informative security.

The author describes each of the groups of international relations from the standpoint of information: their occurrence in the formation and development of the concept of domination in the relevant international information relations, the period of formation and development in international relations and the aggregate of relationships that are part of each of these groups.

The author considers the rights and obligations arising from the basic principles of international law, international treaties and customs of international law. As well as the rights and obligations that result from the decisions of international bodies (intergovernmental organizations, international judicial and arbitral institutions) and the rights and obligations that result from unilateral action by legal and consent of the other participants.

The author determines directions of future expansion of international legal information relations as bases for modern international legal information order. The first area is related to the creation and provision of international legal regulation of the global information society. The second trend is linked to the provision of international legal regulation in promising areas of information and communication technologies use for development of the world community.

Keywords: international information legal relationships, international information order, the information content, use of information, international information safety.

 

KORZH F.,

Doctor of Law, Senior Fellow, Section Head of the Scientific Research Institute of Informatics and Law of the National Academy of Law Sciences of Ukraine, author of more than 50 researches.

DUALISM OF LEGAL MECHANISM FOR THE USE OF PERSONAL INFORMATION IN TERMS OF EUROPEAN INTEGRATION.

Summary. This article analyses the Ukrainian legislation regarding restrictions on access to information about the identity with a view to its compliance with the principles of international law in terms of European integration of Ukraine.

The article examines the state of European law in this area. The author singles out some of its provisions which, he believes, do not meet the requirements of time and further development of the Ukrainian society. Analysis of international best practices in legal support of personal data reveals that the presence of stable trends in the development of universal mechanism to regulate this issue, which is the operating time of common (supranational) approaches to the regulation of public relations related to the protection of personal data and international standards of state and legal protection of these data. Relevant international standards are the legal benchmark in the development of Ukrainian legislation establishing the legal mechanisms for the protection of personal data and are critical in the light of the European integration course of Ukraine.

The author argues that the list of personal data that may be confidential, in practice, is controversial. The list was accumulated in the first years of independence Ukraine. However, some of its provisions do not meet the requirements of today. The author gives specific examples.

The author concludes that the Ukrainian legislation survived rules, anachronisms that prevent Ukrainian legislation from the proper development, and society from moving forward. He proposes legislative changes to optimize the list of information on personal data. It is proposed to exclude from the list of provisions one establishing the confidentiality of personal information, such as from the second paragraph of Article 11 of the Law of Ukraine "On information" the words of its "nationality, education". Thus these fuses are removed, to speed up the issue of corruption in government shortcomings, and to accelerate the creation of conditions for the formation of the Ukrainian political nation on modern principles.

Keywords: access to information; information; nationality; limiting access to information; education; information about an individual; personal data.

 

VINNYK O. M.,

doctor of legal sciences, professor, corresponding member of National Academy of Legal Sciences of Ukraine.

 

 

 

THE RIGHT TO INFORMATION AS A CONDITION FOR THE REALIZATION OF CORPORATE RIGHTS.

Summary. The article is devoted to the role of information in corporate relations and the means of its impact on the ability of the participants of these relations to defend their rights. Comparative aspect of corporate rights (including the right of shareholders to information) is very topical with regard to new problems in Ukrainian company law and the need to improve the existing legal mechanisms. The results of previous studies by scientists, such as O.Syrodoeva, W.Batler, H.Kibenko, A. Pendak Sarbuh and others, need further development because of the changes occurring in corporate relations and variety of legal means used in international company law.

The right to information is one of the fundamental corporate rights, ensuring the realization of other rights of shareholders. Only having relevant information these persons may decide to participate in the management of company and, respectively - vote in making decisions by general meeting and exercise other rights and protect their interests.

The importance of the right to information can be shown by the example a number of shareholders' rights (the right to file a derivative action, the right to appraisal and payment for shares, etc.), as well as the means of their realization and defence in case of violation.

Considering the legal mechanisms for implementation the above corporate rights, the author addresses the international experience (USA, Germany, the Russian Federation) to identify the most effective mechanisms for ensuring the interests of shareholders in case of violation their rights.

The current company law of Ukraine was analyzed. Author identifies defects of legal regulation that complicate the realization of the right to information and related corporate rights.

The results of this analysis have allowed to suggest ways of improving the legal regulation of corporate relations (in particular, concerning information aspects of the aforementioned rights) on the basis of international experience.

Keywords: corporate relations; company law; right to information; derivative suits/ derivative proceeding; right to appraisal and payment for shares; improvement of legislation.

 

CHERNADCHUK O.V.,

candidate of legal sciences, senior lector of Sumy State University

CONFIDENTIALITY OF THE BANK CUSTOMER INFORMATION: CURRENT ISSUES

Summary. The article determines the essence of confidential information and features of legal regulation of this type of information. Also the concepts of “confidential information” and “banking secrecy” were compared and current problematic issues of transfer of information of bank customer having status of bank secrecy were raised.

Keywords: a bank customer, confidential information, bank secrecy, the permission of the bank customer, the transfer of claims under the loan agreement.

 

SEMENYUK O.G.,

PhD

 

CRIMINOLOGICAL THREAT ANALYSIS IN THE FIELD OF PROTECTION OF STATE SECRETS

Summary. During the study, it was found that a feature of the state policy in the field of protection of state secrets is that it also belongs to different management systems, including operations management to ensure information security and operations management to prevent and сross crime. It is a phenomenon which in the system theory is called interdiction, where certain elements of a system are both a subsystem of another system or several of them.

Conditionally, within the ambit of which political ministry the activity on the protection of state secrets is considered, there are different approaches and solutions to this problem. Information security, under which the protection of state secrets is conducted through established in accordance with legislation restrictions on the free-floating information in the interests of national security and the development of rules for handling secret information that would make it impossible to compromise its nonauthorized information leakage. The main direction of state criminal law policy of crime prevention in general and, in particular, its specific manifestations - the prevention of crime, elimination of causes and conditions that create it and assist its variety of manifestations. In addition, one of the directions of criminal law policy in the sphere of state secrets protection is the publication and application of criminal laws for violations of established rules for handling such information.

The author substantiates the view that the most rational and effective approach is to ensure state secrets protection, which covers the full range of criminological measures to enhance the reliability of state secrets protection through the reasonable prediction, detection and removal of threats in this area, and minimization of the consequences of their impact. It was offered to divide sources of danger in the area of state secrets into sources of threat realization (real threats) as illegal acts focused on harming protected public interests and perpetrators of such acts or any of the high probability they should expect and sources of threat formation (potential threats), which include the causes and conditions that assist the formation of intentions to harm national sovereignty, territorial integrity, public safety, law enforcement with prevention of disorder or crime.

In turn, real threats are offered to divide into internal and external.

Internal threats should be regarded as illegal actions of subjects who have access to state secrets, who deliberately use received information to the detriment of the public interest independently or through unauthorized subjects or created favorable conditions for those losses as a result of an intentional or negligent violation of rules for handling state secrets.

External threats are intended acts of third people directed at taking possession of secret information to use it to the detriment of the protected interests. Such actions are in production, acquisition by any means, method (theft, eavesdropping, luring, personal observations, photos of text, drawings and other material carriers of secret information) and using special equipment (optical devices, electronic devices, etc.).

The conclusion is that reliability of state secrets protection depends on the state ability to retain secret information in the space in which it is controlled by application of preventive measures that are adequate to existing and potential threats to the interests of subject, society and state protected by secreting of socially important information.

Criminological analysis of threats in the field of state secrets should represent an ongoing process within which it is necessary to identify the source of potential and real threats, the objects of their character, ways and methods of implementation, assess the degree of probability of their implementation, possible negative consequences in the case of such threats. Provided that, the type and the nature of threats and direction objects should determine the main directions of focusing their efforts to prevent, neutralize and eliminate both on the strategic and the tactical level.

 

SEKELYK L.V.,

PhD student for the degree of Candidate of Science, Institute of Informatics and Law of the National Academy of Law Sciences of Ukraine, specialty 12.00.07 - administrative law and process; finance law; information law, subject of dissertation "The legal and organizational fundamentals of information circulation of the court hearing".

 

 

 

 

 

THE PROBLEM OF DEFINITION "INFORMATION OF THE COURT HEARING ”

Summary. It is well known that the information that concludes personal data, records of the official or business secret, confidential information and other records with the restricted access is studied in judicial hearing. At the same time, during the implementation of the fundamental principles of justice (which are the transparency and openness of the court hearing) along with the completeness of its technical recording, regulations of restricted access to the personal data of a human and to other records with the restricted access is often canceled out while in the court hearing.

However, a lack of the “court hearing information” definition in the academic literature (as opposed to the definition of information which constitutes the secrecy of investigation), precludes the deployment of special additional regime of the legal regulation of one as specific information which encloses the both public and limited access. With this consideration in mind, the urgent question of examination of fundamental aspects of definition of “court hearing information” term poses in.

The theoretical and practical aspects of the "information of the court hearing” legal definition are considered in the article. In particular, some approaches to the definition of "information", "hearing", "trial", "information of court hearing" are covered. Also issues related to court recoding, trial recording by technical facilities, information organisational duties of secretary of judicial session and master of court etc are covered in this article.

Keywords: information, hearing, trial, secretary of the court hearing, the journal of judicial hearing, master of court.

 

KRASNOSTUP H.,

PhD

 

 

LEGAL SUPPORT FOR TRANSPARENCY OF OWNERSHIP OF AUDIOVISUAL MEDIA.

Summary. This article investigates the current situation on organizational and legal support of the state information policy on transparency of ownership in the audiovisual media; and the formation of proposals to take into account the best European practices concerning this issue in the framework of development of the new Law of Ukraine "On Television and Radio Broadcasting".

It is alleged that the real freedom of expression, as a necessary condition for pluralism of the media, requires availability of different media and diversity of their property. In other words, the transparency of property relations plays an important role for pluralism of audiovisual media and democracy in general.

During the last three years the Parliament of Ukraine (Verkhovna Rada) adopted three laws aimed at performing the duties and obligations of Ukraine before the Council of Europe for ensuring transparency of media ownership:

- the Law of Ukraine “On Amendments To Some Laws Of Ukraine To Ensure Transparency Of Ownership In Media” (from July 4, 2013, № 409-VII);

- the Law of Ukraine “On Amendments To Some Legislative Acts Of Ukraine Regarding The Definition Of Final Beneficiaries Of Legal Entities And Public Figures” (from October 14, 2014, № 1701-VII);

- the Law of Ukraine “On Amendments To Some Laws Of Ukraine To Ensure The Transparency Of Ownership Of Media And Implementing The Principles Of The State Policy In The Field Of Television And Radio Broadcasting” (from September 3, 2015, № 674-VIII).

However, currently there is no any reliable information as to who owns the Ukrainian audiovisual media. Most people receive the information through television. Therefore, the lack of information about the owners of the appropriate broadcasters allows determining the question of how this or that broadcasters can be trusted.

The article analyzes the Report on transparency of media ownership, prepared in 2014 by the order of PACE experts Gülsün Bilgehan (Turkey) and Peggy Valcke (Belgium). This Report discovers the current practice of the member states of Council of Europe on the legal regulation of the certain social relations.

It shows the examples of legal regulation of relations regarding the transparency of media ownership in Norway, Croatia, Germany, Belgium and Netherlands.

At the same time, the article analyzes Ten recommendations on transparency of ownership of media, prepared by an independent organization “Access Info Europe”.

Based on the research, the author notes that nowadays it is necessary to take into account the best European practices of organizational and legal support of the state information policy on transparency of ownership in audiovisual media, as well as provide a new effective mechanism of limiting monopolization of broadcasting in the new version of the Law of Ukraine “On Television And Radio Broadcasting” for the industrial, financial, political and other groups or individuals.

Keywords: television and radio, transparency, ownership structure.

 

BERNAZYUK O.O.,

postgraduate degree seeker, Uzhgorod National University, Deputy Chairman of PJSC "UPSK"

INFORMATION AND ORGANIZATION ACTIVITIES OF THE SUBSIDIARY BODIES UNDER THE CABINET OF MINISTERS OF UKRAINE

Summary. The article analyzes the characteristics of information and organizational activities of the subsidiary bodies under the Cabinet of Ministers of Ukraine; author defines tasks, powers and types of subsidiary bodies at Ukrainian government; the features of the status of employees of the Secretariat and members of other subsidiary bodies under the Cabinet of Ministers of Ukraine are determined.

Keywords: subsidiary bodies, Secretariat of the Cabinet of Ministers of Ukraine, government committees, working groups, information activities, organizational activities.

 

KHROMEI V.V.,

senior lector in the Department of  theory, history of state and law of Ukrainian State University of Finance and International Trade

INFORMATION AND LEGAL BASIS FOR FREEDOM OF LABOUR AS A GUARANTEE OF CONSTITUTIONAL RIGHT TO WORK

Summary. The article provides analysis of domestic and foreign scientific positions on freedom of labor, the duty to work and the issue of forced labor. Author studies national practice and international legal regulation of social relations in this area. Author also performes a retrospective analysis of ensuring the freedom of labor and determines prospects of further scientific research.

Keywords: labor freedom, the right to work and duty work, provision of information, prohibition of forced labor.

 

GORBATIUK V.,

faculty of law of Institute of Postgraduate Education of Taras Shevchenko National University of Kyiv

MULTIDIMENSIONAL PROCEDURE FOR INTERPRETATION OF LAW

Summary. Practice proves that clarification of the actual content of a legal norm by only a simple looking through the text is absolutely impossible. It is explained by the limitations of the law, their forms of operation and external formulation. The research of these features and the disclosure of the essential content of legal norm requires the use of methods of interpretation of the law. Interpretation provides an explanation of the process and the content of the law. The interpreter of the law may use methods of interpretation in random order based on his/her own experience. The following question arises. How to interpret legal norms in the best way harmoniously taking into account requirements of principles of law.

Actuality of theme is determined by the democratic transformations taking place in Ukraine. The transformation is aimed at creating a harmonious legal state and puts forward new requirements for the operation of the national legal system and law implementation process. The process of implementing law is inextricably linked with that kind of intellectual activity as the interpretation of the law.

Article goals. The goal of the article is to analyze well-known methods of interpretation of the law to find out the sequence in which they are best used to achieve the purpose of interpretation including the requirements of the principles of law.

Statement of the main material. We consider the basic characteristics of natural law and positivist scientific approaches to understanding the law.

The positivist approach determines that the law is a hierarchy of norms and the normative regulator of social relations. Legislation and law are considered identical. Legal norms have to be organized in accordance with their legal force. State is a purely legal phenomenon that provides a legitimate legal order. Human rights are seen as a gift of the state. The theory is characterized by the Latin phrase: "The law is harsh, but it is the law" (Dura lex, sed lex) and "Law is in force" (Jus est in armis).

Natural approach to the understanding of law determines that the original form of the law is a social consciousness, the idea, the concept of law. Natural human rights that are inalienable and belong to the person from birth (the right to life, the free development, labor, and so on.) are an important part of this approach.

Law and legislation are differentiated. Primacy is given to a natural law as an expression of justice (moral). The theory of natural law can be described by the phrase: "The law - is the science of what is good and true" (Jus est ars boni et aequi).

So, for a qualitative interpretation of the law it is necessary to apply the methods of interpretation of law, to explain principles of law in accordance with the requirements of systematic method of interpretation of the law and find out if the legal norm complies with requirements of natural law and positivist approaches to the law understanding.

Conclusions. Based on the analysis of these definitions and views overview, we can make the following conclusion. The process of achieving goals of interpretation should be as follows: a grammatical interpretation - teleological interpretation - establishing compliance with the essence of the content of the legal rule with the law principles - systematic interpretation - a special legal interpretation - a logical interpretation - functional interpretation - historical interpretation – repeated application of interpretation procedure after receiving new data.

Keywords: methods of interpretation of law, goal of interpretation, legal understanding, types of legal understanding.

 

RADUTNIY O.E.,

PhD, Associate Professor, Assistant Professor of Criminal Law of the National Law University named after Yaroslav the Wise (Kharkov), member of the All-Ukrainian community association "Association of Criminal Law", author of over 40 researches on the Criminal Law; Identifier ORCID orcid.org/0000-0002-6521-3977.

DIRECTIONAL CONCEPT OF THE NATIONAL AND INFORMATION SECURITY, STATE AND INFORMATION SOVEREIGNTY

Summary. The article reviewed and analyzed the concept of national and information security, state and information sovereignty (national sovereignty in information sphere) of Ukraine based on the etatism and individualism dimension.

The main purpose of this article is researching the nature of national and information security, state and information sovereignty (state sovereignty in the information sphere), theoretical and statutory support, fact-finding in regard of the necessity of introduction of amendments to the current legislation of Ukraine or improvement of the enforcement.

The author has proposed to consider state sovereignty in the information sphere as paramountry and independence in the infosphere, its ability to control and cover information flows from outside and inside the state in accordance with the rights and freedoms of man and citizen, and ability to effectively counteract internal and external threats to information.

Upon having studied certain sets of legal regulations, the author came to a conclusion that the actual existence of the etatic approach (etatism), according to which the state is the highest value, is the result and contemplation of social development. However it develops a conflict with the individualistic approach proclaimed at all the levels of law, which says that national interests shall be determined by natural (individual) human rights and freedoms, state institutions should be dedicated to the implementation of individual values and interests, and all other interests (public, social, national) should derive from the individual one.

This situation has spawned a problem that is still not eradicated: the weakness of legal institutions and superficial recognition of the European concept of the superiority of the law over the executive authority.

The above assumption highlights the need to honestly admit the primacy of the state over other socially significant interests, including individual ones, or demonstrate real accomplishments in the field of superiority of human rights and freedoms at the level of the executive authority, properly secured by an appropriate international and inner state regulatory framework and scientific developments, while requiring further research and development.

Keywords: sovereignty, etatism, national security, information security, information sovereignty (state sovereignty in the information sphere), legal protection, human rights.

 

KOSILOVA O.I.,

candidate of political sciences, associate professor, National Academy of Security Service of Ukraine

 

 

 

LEGAL STATE MECHANISM: PRINCIPLES OF FUNCTIONING, DEVELOPMENT TRENDS IN MODERN UKRAINE

Summary. The principles of the state mechanism functioning in the right democratic state and the main problems of its development in the modern Ukraine are analyzed in the article.

Keywords: mechanism of the state, legal state, distributing of authorities, branch of power, public authority, public power, democratic management, democratic reforms, civil society, strong and power state, communication of power and civil society, forms of interaction of power and civil society.

 

BUSOL O.Y.,

Doctor of Law, Senior Research Fellow

 

 

MEDIA CORRUPTION IN UKRAINE: CRIMINALIZATION ISSUE

Summary. The article proves the necessity of criminalization and referring to corruption of such crime as deliberate ordered spreading of false information by a media representative.

Keywords: corruption crime, media, deliberate spreading of false information, the problem of criminalization of deliberate spreading of false information.

 

BANK R.O.,

candidate of legal sciences, senior lector of the department of general legal disciplines of Kyiv National University of Trade and Economics

It is observed that informational terrorism has acquired new threatening forms and its rapid expansion is the result of society zombieing and mainstreaming of separatist movement, which can ultimately lead to the loss of sovereignty, independence and territorial integrity of an individual state.

This article examines aggregative relationship of concept variability of “informational terrorism” and its axiomatic consolidation by the law. The article also analyzes the law regulating relations in the field of countering the informational terrorism, including such regulatory legal acts as the Constitution of Ukraine, Laws of Ukraine “On National Security of Ukraine” and “On Combating Terrorism”, the Decrees of the President of Ukraine “On the Doctrine of Information Security of Ukraine”, “On the National Security Strategy of Ukraine” and “On Urgent Measures to Ensure Public Safety”, the Convention “On Cybercrime”.

It is determined that the concept of informational terrorism has not been reflected in the existing legislation of Ukraine, but it has been examined by the lawyers and experts on state administration, security studies and political science at the doctrinal level.
The structural classification of informational terrorism can be divided into intellectual and material. So, a) defamation, disinformation, spreading of rumors, incomplete, inaccurate or false information, mind control, zombieing of the population constitute a part of informational and psychological terrorism; b) endamagement of separate elements and opponent’s information environment as a whole, destruction of the element base, active suppression of communication lines, artificial rebooting of communications nods constitute a part of informational and technological terrorism.

It is proved that a rule-making legal basis should serve as a reliable barrier for protection against informational threats, arising during operation of the state as a structural unit of the global environment. To ensure the constitutional rights and freedoms of citizens, the mechanisms of countering the sources of informational terrorism should be implemented. A set of legal acts providing a just punishment for violation of the system of public interests can create these mechanisms.

It is suggested to enact a legal liability for informational terrorism, meaning to criminalize this dangerous action. Thus, it is proposed to amend the Criminal Code of Ukraine by adding the Art. 258-6 “Informational act of terrorism”.

 

LEONOV B.D., VASYLYSHYN V.O., PYRIG S.V.,

Senior Research Fellow of the National Academy of the Security Service of Ukraine, Doctor of Law, Senior Research Fellow Chairman of Brovary city district court of Kyiv region, Judge Senior teacher of the National Academy of the Security Service of Ukraine

VICTIMS OF TERRORISM: VICTIMOLOGICAL ASPECT

Summary. The article analyzes aspects of victimization of victims of terrorism. Based on the analysis of foreign publications concerning this issue, authors conclude that the victims of terrorism, as a rule, are elected by the symbolic signs. Victims, especially if we are talking about a greater number of people, have no special significance for terrorists, and therefore are not personified as a persons.

The article states that the circle of victims of terrorism is quite wide. These include: individual, two or more persons, representatives of other states, public associations, public authorities, the state and society as a whole.

The article emphasizes that one of the most dangerous realities of modern terrorism is the desire of terrorists to cause mass casualties through the use of hazardous properties of the objects of industry, transport, communications, nuclear, fuel and energy and food complexes, objects of mass use in the big cities and towns. The article proves the thesis that these objects require priority protection, including through the introduction of anti-terrorist security rules.

The article highlights the main vectors of the "interaction" system "terrorist - victim" in modern conditions at the macro level (society), the level of small social groups and individual level, which allows to determine criminological value of victimization, its role in the mechanism of criminal behavior, as well as the place and the role of fear of terrorism.

Keywords: terrorism, victims of terrorism, victimology, victimization.

 

KUTSII M.S.,

Lecturer of National Academy of the Security Service of the Ukraine

 

 

USING OF DIGITAL STEGANOGRAPHY FOR THE CACHE OPERATION IN THE CONFIDENTIAL COLLABORATION – THE ARTICLE.

Summary. In the article the author considers the content and function of cache action for the exchange of operational and investigational information. Scientific views of various authors’ assessment on the theoretical basis of cache are presented. The prospects of increasing efficiency in personal secret meetings for collaborator and staffer due to the introduction of obtaining technologies based on practical use of steganography. The special attention is given to methods of algorithmization of cache actions in the global network of participants of the operational investigative activity.

Today the algorithmization of the communications between members of the operational investigative activity using cache actions aren’t presented in the theoretical basis. Personal secret meeting for collaborator and staffer remains the main way in their communication. However, under certain adverse conditions affecting holding of such meetings, some modern technologies of digital steganography allow creating in a global network caches hidden from outsiders. It ensures an exchange of documents with restricted access.

Amid restrictions on the use of cryptographic information protection in some countries and new technological opportunities of special services is caused by interest to digital steganography as a tool for creation of appropriate conditions to link communications members of the operational investigative activity.

Implementation of algorithms and programs as the recommendations on the application of conspiratorial methods with the use of new technologies has practical value for the operational investigative units. The following recommendations will look as not secret periodical documents.

 

GALYNSKA K.Y.,

postgraduate degree seeker, Department of Administrative Law and Administrative Activities of National Law University named after Yaroslav the Wise

 

UPDATIN UKRAINIAN LEGISLATION ON MATTER OF PROVIDING INFORMATION LEGAL ORDER

Summary. The article is devoted to the determination of means  of update of legislation on the issues of providing the information law and order. The problems of modern legislation are determined. The necessity of its modernization is accented. Suggestions and recommendations on its improvement are formulated.

Keywords: information law and order, information sphere, violation of information law and order, objects of information sphere.

 

VRONSKA T.V.,

Doctor of History, Senior Research Fellow

 

INFORMATION AND PSYCHOLOGICAL OPERATIONS OF SOVIET
SECRET SERVICE IN 1920S: THEORETICAL AND HISTORICAL AND LEGAL ASPECTS

Summary. The article provides theoretical and historical overview of the period od 1920s and analysis of the individual provisions of regulations of Soviet intelligence and conceptual views of some theorists with regard to use of different methods of information and psychological operations in intelligence and counterintelligence activities.

Keywords: intelligence, counterintelligence, information and psychological operations, legendizing, manipulation, provocation, defamation, compromise, destabilization, disruption, inciting political and ethnic hatred, separatism.

 

LANDE D.V., ANDRUSHCHENKO V.B.,

Doctor of Engineering, postgraduate student, Institute for Information Recording of NAS of Ukraine

BUILDING COAUTHORSHIP NETWORKS FOR EXPERTS IN JURISPRUDENCE ACCORDING TO GOOGLE SCHOLAR CITATIONS SERVICE

Summary. The algorithm of creation of the network of a co-authorship of scientists in the field of law regulated by their scientific interests is given in work. The network of a co-authorship is formed on the basis of exploration of the Google Scholar Citations service. It is shown that clusters in networks of a co-authorship can be considered as a basis for identification of schools of sciences.

Keywords: co-authorship network, scientometrics, Google Scholar Citations, subject area, domain model, network sensing, information network.

 

STRIZHKOVA A.V.,

postgraduate candidate of science degree seeker SRI for legal support of innovative development of National Academy of Legal Sciences of Ukraine

 

 

 

 

THE HISTORICAL DEVELOPMENT OF GRID TECHNOLOGIES IN THE INTERNET

Summary. This article is devoted to the brief overview of the historical development of Grid-technologies on the Internet and the creation of a Grid-infrastructure. The Web and other network technologies provide new possibilities for users. Grid-technologies became an example of such network technologies, as a kind of specialized “add-in” over the Internet, which provides more opportunities for calculations and storage of huge amounts of data at much higher speed. However, so far Grid-technologies remain almost unexplored as the objects of innovation relations. For a better understanding of the nature and functional difference between the Web and Grid-technologies, author offers brief review of the main stages of the historical development of the Internet and Grid.

Keywords: the history of the Internet, the history of the Grid, Grid-technology, Grid-infrastructure; the periodization of the historical development of the Internet.

 

APANASYUK M.P.,

PhD, associate professor of Civil law and procedure, Faculty number 6, Kharkiv national university of internal affairs, associate professor, the author of more than 50 science researches.

 

 

 

 

THE LEGAL REGIME OF THE UNIFIED STATE REGISTER OF LEGAL ENTITIES AND NATURAL PERSONS - ENTREPRENEURS (CIVIL LEGAL ASPECT).

Summary. In general, this article considers the problem related to the quality of preparation of legal acts in Ukraine. In particular, author analyzes the legal regime of the unified state register of legal entities and natural persons - entrepreneurs which is mentioned in the Law of Ukraine "On state registration of legal entities and natural persons - entrepreneurs."

In that, law declared that, given the existing theory of property law, which is characteristic of the civil law, which applies to Ukrainian civil law, above mentioned register of state property, unfortunately, does not meet its main provisions. Traditionally, property law applies to objects of the external material world such as tangible (physical) things that are recognized as absolute objects of real relationships. In this case, it is rightly believed, that the owner of such object has appropriate property rights.

Considering these known theoretical principles of property law, there are very serious doubts about the declaration in the above-mentioned article of the law with regard to the state property in the unified state register of legal entities and natural persons - entrepreneurs, who recognized as its object. Since any register as an information database cannot be considered as bodily physical thing. The combination of systematic data, which represent some information - it is not a physical thing.

Based on the research, article focuses on the fact that this registry wrongly defined the object of public property. Among other arguments, author mentioned that register is a kind of open public information in the form of a public electronic database, and therefore it should be considered as non-property rights of public property, which may extend to civil protection mode of open public databases, as it is most consistent with its non-proprietary nature. Such a database has distributed mode of copyright protection.

Keywords: civil law regime, legal protection, the right of state ownership of state property, good non-proprietary database, open public rights.

 

PETRYTSYN N.,

lawyer, postgraduate student of Civil Law and Procedure Department of Ivan Franko National University of Lviv

FEATURES AND PROBLEMS OF DOUBLE RESPONSIBILITY IN A CIVIL LAW.

Summary.. The present article attempts to set the need of new meaning of the legal responsibility. The author offers her position on the question of the reinterpretation of legal liability, investigates problems of a civil liability in the system of the legal responsibility, analyzes works of the Ukrainian and foreign scientists and offers changes in the legislation of Ukraine.

Civil responsibility is considered to be a system of interconnected elements: certain law measures.

The system theoretical model of civil responsibility was formed and the connection between the elements was defined in order to provide for realization of the legal competence and discharge of legal obligations as a result of the research of civil responsibility as a complete, system legal formation, which is the incarnation of subject and method of civil regulation in their unity and correlation.

Keywords: civil responsibility; theory; system; civil law measures; principles of civil responsibility; functions of civil responsibility; regulations of civil responsibility; civil protective legal relationship.

 

CHERNENKO O.O.,

senior investigator for particularly important cases of GID of MIA of Ukraine

 

 

ROLE OF UKRAINIAN POLICE INVESTIGATION UNITS IN CRIME PREVENTION (HISTORICAL EXPERIENCE)

Summary. The main stages of investigative prevention emergence and formation in domestic practice are considered in the article. It was revealed that the volume of preventive component in investigation activity depended on the model of investigative agencies functioning. Functional ambiguity of investigative prevention role in modern conditions and legislative gaps in this sphere are indicated.

Keywords: crime prevention subjects, investigative agencies, crime prevention, investigative prevention.