Published December 30, 2019 | Version v1

ІНФОРМАЦІЙНА БЕЗПЕКА В ІНФОРМАЦІЙНІЙ ДІЯЛЬНОСТІ СУДУ

  • 1. Сумський державний університет

Description

The court is one of the subjects of information activity in Ukraine. Information security is an integral part of information security as a whole. Working with someone else's information (such as came from other entities - owners and managers), the court itself generates new information. On the one hand, the court must respect the rights of other entities, while protecting all other information and non-information rights. On the other hand, the court is part of the state's law enforcement system, which should also take care of the information rights of the state as a subject of law and information relations. Therefore, it is necessary to speak about the security of information activities of the courts.

The article is based on the analysis of doctrine approaches to the notions of national security and information security. The analysis of the existing definitions allows declaring that these notions are generalizing for the legal, political, economical and social state of the society. The term “information security” is defined mainly via a certain hypothetical ideal state of information relations and information space that the state should aspire to with view of providing protection of interests of individuals as well as national and state interests in this sphere. The term “national security” must also include the notion of cybersecurity but the opinion of researchers under the terms of the existing legislation and science remains undefined.

The article investigates the state of legal regulation of the means to provide information security on the territory of Ukraine. The analysis of the subject and object elements of security relations leads to the conclusion that one of the subjects of information security means in Ukraine is court. It is proven that by participating in information security means, the court fulfils two functions. The first function is democratic civil control that consists in controlling state authorities and officers for the purpose of protecting from their unjustified decisions or other wrongful actions that can violate human and citizen rights in information field. The second function is cooperation with the bodies of the Security Service of Ukraine when organizing the administrative and rights protecting activity of the court. This function manifests itself in the judges and court officials observing the provisions of legislative acts concerning limited access to certain types of information.

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