Doronin I. National Security of Ukraine in the Information age: theoretical and legal research.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U101443

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

29-09-2020

Specialized Academic Board

Д 26.501.01

Scientific Research Institute of Informatics and Law of the National Academy of Law Sciences of Ukraine.

Essay

The dissertation deals with the actual scientific problem, which consists of developing the conceptual approach to legal regulation of social relationships in Information Age. An analysis was made of the legal, political and sociological doctrines on the phenomenon of «national security» in social life and social relationships in context of legal regulation. In this context the author submits that the term «national security» originated in US political discussions since 18th century. This term was used as political doctrine and as the basis for the public management system. Doctrine of national security specifies the competences, powers and forms of activity for state authorities. The work analyzed scientific doctrines in the area of theory of state and law regarding the essence and system of state functions. It is established that the main factors of understanding for the theory of state functions are: classical doctrine of separation of powers, German legal doctrines in 19th century and Soviet legal doctrines for state functions. The analysis shows primarily that state functions are main activities of State. Moreover state functions express the essence and tasks of State. The author proposed to consider purpose of State as securing for society. The essence and tasks of state functions either. The work analyzed modern doctrines of actual social spheres for state securing. The author found that securing constitutes the basic for state, military, economic, ecological, international, information security. The author reviewed Ukrainian legislation in area of national security and defense. Based on review time frames for periods of development of legislation had been identified. Common features for legislation development in area of national security with aspects of emergence are revealed. The author endorses the views of Giorgio Agamben for total and permanent emergence as modern paradigm of governance and administration. The author examined individual manifestations of emergency in the domestic legislation especially since aggression against Ukraine. As a result of the research, the term «person as a national security threat» introduced into domestic scientific circulation. State policy of sanctions in area of national security is concretized. The author studied the manifestations of emergence activity as establishment of special or extraordinary courts and increasing the powers of state authorities. An analysis of the existing system of national security of Ukraine was conducted. A number of legal problems in juridical status of President of Ukraine and some state authorities (ministries, state agencies and other authorities, military elements and law enforcements) were found. Based on the analysis of philosophical concepts, it was determined that «Information Age» is applicable term for period of modern social development. Based on information technologies, social modernization and transformations influence the nature of national security threats. The author examined problems of transformation modern war and military activities, terrorism, extremism, criminality and new modern threats. The impact of transformations on the state of legal regulation in a context of national security was analyzed. Technological challenges of Information Age for the law have been identified and examined. Special attention has been paid to issues of government coercion in Information Age according to establishment of information technologies. A change of law and modernization of regulation it was acknowledged in a context of Carla Reyes doctrine (cryptolaw). Based on the concept of national security law in a system of Ukraine legislation, the author suggested main ways of improving legislation in area of national security and defense.

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