Legal providing of cyber security Ukraine under the conditions of martial state and European integration

Authors

  • Andrii Lyseiuk Phd in Law, Associate Professor of the National Academy of the Security Service of Ukraine , кандидат юридичних наук, доцент, професор кафедри фінансово-економічної безпеки Навчально-наукового гуманітарного інституту Національної академії Служби безпеки України https://orcid.org/0000-0002-9026-1188 (unauthenticated)
  • Tetyana Svintsytska Graduate of the Educational and Scientific Institute of Law of the State Tax University , здобувач вищої освіти Навчально-наукового інституту права Державного податкового університету

DOI:

https://doi.org/10.37772/2518-1718-2024-4(48)-4

Keywords:

martial law, European integration, cybersecurity, cyber defense, cyberspace, legal regulation

Abstract

Problem setting. The issues of proper normative and legal regulation of the cybersecurity sphere are becoming especially relevant under conditions of the legal regime of martial law and the continuation of the European integration processes. During the large-scale aggression, Ukraine faces various types of cyber-attacks and cybercrimes. The protection of cyberspace in the context of these global challenges is a strategically important priority of state policy.

Analysis of recent researches and publications. Many scientific works by scientists from various scientific fields are dedicated to the study of issues of cybersecurity.

  1. Lipkan and I. Diorditsa studied the national cybersecurity system as an integral part of the national security system of Ukraine and emphasized that one of the key issues of organizing the effective work of national cybersecurity systems remains the establishment of interaction between competent state bodies that are subjects of cyber security, and the implementation of coordination in such activities.

Yu. Zahumenna examined the current issues of cybersecurity in the context of modern problems of jurisprudence and identified ways to improve the legal regulation of combating cybercrime in Ukraine, including identifying trends in the universalization of the approaches adopted by legislators from different countries toward combating cybercrime. Scientists U. Nikonenko and O. Khalina studied the organizational and legal mechanism that regulates the organization of the process of ensuring cybersecurity of socio-economic systems in the legal field and noted that the purpose of the functioning of the organizational and legal mechanism for ensuring cybersecurity is the organization of the process of protecting cyberspace through the use of the regulatory and legal framework as a regulatory tool and effective resource management by business entities. О. А. Alekseeva covered the issue of legal support of cybersecurity for critical infrastructure objects, including considering the conceptual apparatus in the field of cybersecurity of critical infrastructure objects. Her research contains an analysis of the current legislation of Ukraine in the field of cybersecurity provision and relevant foreign experience. M. Tvaronavičienė, T. Plėta, S. D. Casa proposed a model of cybersecurity management for critical infrastructure and concluded that a comprehensive model is needed-one that can be applied to any type of critical infrastructure. T. Limba, T. Plėta, K. Agafonov, M. Damkus considered the theoretical aspects of the cybersecurity management model that can be used to ensure the security of critical infrastructure in an organization or company and argued that the main problem is the perception of cybersecurity as purely a technical aspect or technology that can be easily implemented within an organization. They suggested this attitude must change because cybersecurity today is more than just technology.

Purpose of research is to examine the peculiarities and issues of legal regulation of cybersecurity in Ukraine in the current context.

Article’s main body. In the conditions of ongoing hostilities on the territory of Ukraine as a result of the large-scale invasion of russia, the issues of protecting national interests and critically important information are becoming particularly urgent. Therefore, in order to avert cyber threats and protect the territory and information space of the state, the concentration of all types of resources and the clarification of the powers of the relevant subjects of cybersecurity, in combination with an effective state policy and effective regulatory and legal support for the specified sphere are currently required. Deepening of cooperation with international partners in the field of cyber security, introduction of new initiatives to strengthen cyber protection, as well as cooperation in the field of combating and preventing cyber activity of criminals are also important issues. It is also important that national legislation meets international standards, because the efforts of international partners to provide additional financial support to strengthen Ukraine's cybersecurity are an important step towards combating the threat of cyberattacks and supporting the country in developing its defense capabilities.

Conclusions and prospects for the development. Based on the researched aspects of the chosen topic, taking into account the state of regulation of the cybersecurity sphere and the influence of relevant internal and external factors, it is appropriate to determine that currently the main task of state policy is to strengthen the capabilities of the national cyber security system in order to effectively counter cyber threats from the aggressor country. To guarantee the security of cyberspace and the proper level of protection of the rights, freedoms, and legitimate interests of Ukrainian citizens in cyberspace, it is also necessary to improve the normative legal framework in the field of cybersecurity, to implement measures to deepen European integration processes by ensuring the effective implementation of the provisions of European legislation. In addition, it is important to strengthen cooperation with international partners in the field of cybersecurity, introduce new initiatives to strengthen cyber protection and prevent cybercriminal activity. The solution to the above problems regarding the proper legal provision of cyber security of Ukraine in the conditions of martial law and European integration requires further scientific research.

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Published

2025-05-19