Dissertation for obtaining the scientific degree of candidate of legal sciences, specialty 12.00.07 (081 - Law). Research Institute of Public Law, Central Ukrainian State University named after Volodymyr Vinnichenko. Kropyvnytskyi, 2024.
The dissertation is devoted to defining the peculiarities of the administrative and legal regulation of relations in the sphere of protection of "state secrets" in the State Criminal Enforcement Service of Ukraine, as well as to the formulation of promising directions for the improvement of administrative legislation in this area.
The study draws attention to the existence of various types of "secret information", which leads to the problem of their distinction, identification and qualitative regulation in national legislation. In order to solve this problematic situation, a list of signs for distinguishing types of "secret information" and assessing the quality of their legal regulation is proposed, which includes the following components: 1) the name of the type of "secret information"; 2) the purpose of distinguishing the type of "mystery"; 3) the field of activity in which "secret information" is created; 4) description of the threats posed by the disclosure of "secret information"; 5) legal principles of normalization of the type of "secret"; 6) peculiarities of the protection of "secret information" and the legal regime of its protection.
The scientific work contains clarification of the concept of "object of administrative and legal protection of state secrets". As the latter, it is proposed to understand: access to "secret information" (in any of its forms), the procedure for handling "state secrets" established by law, and resources, the control of which is carried out for the purpose of protecting "state secrets" (material carriers of secret information; regime premises, zones and territories; information (automated) and information and communication systems, etc.).
Based on the processed information, the author's definition of the concept of "administrative-legal protection of state secrets" was formulated and presented in the content of the work. This concept is proposed to be understood as: a complex system of administrative and legal norms, which is implemented by entities determined by the state in order to prevent the disclosure of "secret information" and the loss of its material carriers, defines and ensures responsibility and regulates measures to ensure the "secrecy regime" and limit access to information that contains "state secrets".
In the course of the analysis of the Law of Ukraine "On State Secrets" it was established that the specified normative legal act contains only certain principles related to the classification of information, and not the entire protection of "state secrets" as a whole. Taking into account the great importance of the principles for making management decisions and in order to improve the legislation on "state secrets", it is proposed to expand the content of the special Law. It is proposed to add such principles as: the principle of legality; the principle of necessary knowledge; the principle of personal responsibility; the principle of comprehensive assessment of "information"; the principle of "information" accounting and activity documentation.
During the research, the general tasks that are common to all entities involved in activities related to "state secrets" were classified. The following groups of these tasks are distinguished: control and supervision; accounting and documentation; organizational; analytical, communication, planning tasks.