Cherdyntsev Y. Administrative and legal regulation of the state secret regime in Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100263

Applicant for

Specialization

  • 081 - Право. Право

10-02-2021

Specialized Academic Board

ДФ 41.086.009

National University «Odessa Law Academy»

Essay

The dissertation is one of the first in the domestic science of administrative law monographic studies of the state secret regime in the new political and legal realities of Ukraine, which describes its theoretical, legal, organizational and procedural basis and provides suggestions for improving existing legislation in this area. It should be noted that the relevance of scientific research of the state secret regime is due to the presence of both theoretical and practical problems associated with its functioning, as many secrets and means of their protection Ukraine inherited from the Soviet Union, most of which are obsolete and not able to provide adequate protection and need improvement and updating. In addition, the norms of the current legislation in the field of state secrets do not take into account the peculiarities of creating and ensuring the functioning of secret regime bodies and performing tasks related to state secrets in the Armed Forces of Ukraine and other military formations. In particular, given the experience of hostilities on the territory of Ukraine, there is a need to determine a special procedure for organizing and ensuring the protection of state secrets by military authorities, units and subdivisions of the Armed Forces of Ukraine and other military formations in carrying out assigned tasks. The object of the study is the special administrative and legal regimes in Ukraine. The subject of the study is the administrative and legal regulation of the state secret regime in Ukraine. According to the results of the research, the results are characterized by scientific novelty, have both theoretical and practical significance. For the first time it was clarified that the state secret regime is a system of substantive and procedural norms of public law governing the sphere of legal relations on restriction of circulation, classification and / or declassification, protection of classified information, containing information in strategically important spheres of state life. to cause damage to the national security of the state. The following aspects of the state secret regime are singled out and characterized in accordance with the content-expanding characteristic, as: legal; procedural; organizational; institutional; It is determined that the procedure for granting access to a state secret is administrative in nature, contains a set of procedural actions that are carried out not in a haphazard manner, but in a legally defined sequence and are logically and functionally related. It is proposed to create a single register of persons whose access to and access to classified information has been revoked due to their violation of the current legislation on state secrets. Improved the concept of "secret" as a type of particularly important information about facts, objects or events that exist in various spheres of public life, access to which is limited to its owner or administrator and disclosure of which may harm the interests of citizens, society or the state, improved system characteristic features of a state secret, the structure of the state secret regime. The definition of the content of the concept "system of protection of state secrets" as a set of measures of legal, organizational-institutional, operational-technical and cryptographic nature aimed at protection of state secrets, prevention of leakage of such information, loss of their material carriers, as well as prevention and cessation of illegal actions in the field of information protection, which are a state secret; classification of subjects of public administration in the field of state secret regime; delimitation of the concepts "access to state secrets", "access to state secrets", "procedure for access to state secrets", "procedure for access to state secrets"; substantiation of expediency of increasing the level of responsibility for violation of the legislation on state secrets, especially in wartime; Proposals for amendments to the current legislation of Ukraine, in particular to the Law of Ukraine "On State Secrets" and the adoption of new laws in the information sphere of the state.

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