Governmental Organizational Legal Measures to Protect Information Processes in Ukraine
Date: August 05, 2004Source: Computer Crime Research Center
By:
Leonid Kuchma, The President of Ukraine noted that improvement of the situation in the information sphere of the country requires a complex of measures:
- regulation of structure and functions of governmental agencies that shape information policy of the country and maintain corresponding security in the information sphere;
- maintenance of steadfast observation of legal rules by all governmental authorities, mass media, other objects of the information sphere;
- creation of the entire legal field to regulate the development of the national information space and corresponding up-to-date technologies, companies' activities, observance of individual, social and the country's information rights;
- reinforcement of the country's role as an equal and competitive player in the field of information relations, as a manufacturer and consumer of information product on the internal and external information space;
- reform of the information activity of governmental authorities directed at adapting and utilization of the newest information technologies;
- creation of the effective system of information protection, counteraction to foreign information expansion and definite information operations aimed to undermine Ukrainian sovereignty, political and social institutes in the country;
- further development of the national information market on the competition basis, creation of favorable investment climate for the development of national mass media and publishing;
- elaboration of the Information Code and National informational policy integration strategy;
- non-admission of information markets monopolization, further liberalization of the Ukrainian telecommunications market under guarantee of realization of national interests.
The main legal acts that determine governmental regulation of information protection in Ukraine are Ukrainian Information Law, Protection of Information in the Automated Systems Act, Preservation of Scientific Technical Information Act, Telecommunications Act, National Informatization Program Law, Digital Signature Law, President's Decree On Measures to Protect Information Resources of the Country and etc.
Protection of Information in the Automated Systems Act, with amendments made by the Law of Ukraine #1703-IV (1703-15) dated May 05, 2004 provides that information protection should be carried out according to the following methods:
- observance of organizational and technical rules, requirements and regulations on protection of the processed operation;
- use of capabilities of computer facilities, software, communication devices and automated systems in the whole;
- use of established certified ways requirements of information protection;
- check of the conformity of computer facilities, software, communication devices and automated systems in the whole with the established requirements of information protection (certification of computer facilities, communication devices and automated systems);
- control of information protection.
The agency authorized by the President of Ukraine carries out management of information protection through the following ways:
- unified technical policy of information protection;
- elaboration of the concept, requirements, legal technical documents and scientific methodological recommendations on information protection in automated systems;
- ratification of the Order of organization, functioning and control of measures directed to protect information in automated systems, where this information is owned by the country, and recommendations on protection of information owned by legal entities or individuals;
- organization of trials and certification of means of information protection in automated systems, where information is owned by the country;
- creation of the corresponding structures to protect information in automated systems;
- attestation of certified (for trials) agencies, centers and laboratories, issue of service licenses in the field of information protection in automated systems;
- control of protection of the information processed in automated systems, where this information is owned by the country;
- establishment of the access modes for foreign individuals and organizations to access information in automated systems, where this information is owned by the country, or modes related to distribution of information which is owned by individuals or organizations, and where its use is limited as established by the government.
In the late 2003/early 2004 Verhovna Rada accepted two most important resolutions «On Accepting as a Base of the Draft of the Law of Ukraine on Activity in the Sphere of Informatization» and «On Accepting as a Base of the Draft of the Resolution of Verhovna Rada of Ukraine on Ratification of Tasks of the National Informatization Program For 2003-2005» directed to improve governmental regulation in the sphere of information protection and fighting computer crime.
Order of the Ministry of Internal Affairs # 458 dated April 30, 2004, ratified «Regulations on the Fundamentals of Organization of Revealing General Crimes by Authorities of the Ministry of Internal Affairs». Issues of information support of police to reveal crimes are considered in the Item 6 of this Order. Information support favors more efficient work of law enforcement to reveal and investigate crimes including crimes in the sphere of information technologies.
June 10, 2004, Presidium of the Supreme Economic Court accepted the Resolution «On Certain Issues of Solution of Disputes Related to Copyright and Intellectual Property Rights Protection» providing ways of intellectual property rights protection, grounds and the order of measures application to prevent unlawful acts that violate intellectual property rights relating, in particular, to sales of various computer software and programs.
According to the Law of Ukraine on «Peculiarities of Governmental Regulation of Companies Related to Production, Export, Import of Laser Reading Systems» dated January 17, 2002, the production of disks is to be licensed, the production of disks protected by copyright is legal only by permission of the copyright owner.
Whoever produces disks protected by copyright without permission of the copyright owner, is fined to twenty times value of the manufactured production, but not less than 5000 tax exemptions. The producer and the customer bear responsibility for correct completing of contracts and use of copyrights and/or adjacent rights. The mentioned law introduces administrative and criminal liability for violation of rules provided in its chapters. The Administrative Code and The Criminals Code were revised according to these rules. Article #164-13 of the AC states that «violation of law that regulates production, export, import of disks for laser reading systems is fined from 20 to 200 tax exemptions». Article 203-1 of the CC provides up to 5 years of custody for violation of law that regulates production, export, import of disks for laser reading systems.
The problem of the Internet regulation is another issue of information protection and struggle against computer crime. This question also includes problems of jurisdiction of the Net; sovereignty of the countries on the Internet; maintenance of evidence and questions of legal personality of persons that provide, distribute and consume information on the Web; the problem of establishing of time and place of action in the Internet; the problem of responsibility of information intermediaries - information providers for their clients activities. The question of special legal regulation of the Internet relates to problems of e-commerce administration, copyright usage, cryptography and cryptooperation mechanisms and taxation of informational transactions.
Gaps and inconsistency in the current Ukrainian legislation do not allow juridical protection rights of the parties of electronic transactions. The question of rights and responsibility of the third parties, in particular, administrations of online sources that maintain electronic circulation of documents and other commercial transactions also requires regulation. The problem of evidence maintenance, when involving electronic documents in commercial activities, remains still unsolved, since judicial systems deny electronic documents provided as direct evidence.
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