Havlovskyi I. Administrative-legal relations with the use of electronic digital signature in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003550

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

18-10-2018

Specialized Academic Board

К 26.503.01

Essay

On the basis of the theory of administrative law, domestic and foreign legislation, achievements of the public administration, a new solution to the scientific task concerning the development of principles and administrative tools in the field of administrative and legal relations with the use of electronic digital signature in Ukraine is presented in the dissertation. The work proves that, in the narrow sense, the administrative-legal relations with the use of electronic digital signature are social relations that arise, change and cease due to the electronic digital signature obtained as a result of cryptographic transformation of the set of electronic data, which allows to confirm its integrity and identify the signature. It is concluded that the administrative and legal nature of electronic digital signature in Ukraine is that it is based on the scientific nature of the mathematical categories of cryptography and cryptographic transformation, when, thanks to objective legal regulation, it provides administrative-legal and organizational-right protection through the rules of administrative law. personal keys of "signers" from unauthorized use (through the use of a private key) increases the efficiency of administrative activities of the public power authorities, equivalents to a handwritten signature (seal) and cannot be denied solely on the ground that it has an electronic form. The administrative-legal status of the subjects of administrative-legal relations in the field of electronic digital signature in Ukraine, which by their legal nature are public or private persons, endowed with different administrative rules by the formula of legal regulation by subjective administrative duties and rights when public administration entities (central certifying authority and accredited key certification centers) provide administrative services and conduct executive and regulatory activities,and private individuals (consumers and signers), receive administrative services, use all the capabilities of the electronic digital signature, and can be brought to administrative responsibility for violating the regime of the use and storage of electronic keys.

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