This dissertation research is devoted to the analysis of the legal support of cyber defense measures in Ukraine, procedure and grounds for cyber defense of the state and the use of the Armed Forces of Ukraine in such activities.
The study analyzed the concept of cyberspace and found that this environment should be distinguished from the concept of "Internet", because the Internet is only a technical component that combines computers, cables, routers, etc .The study identified the main features that are inherent in cyberspace, namely that cyberspace is closely related to the information space, but is not identical to it;
Considering legal relations in cyberspace, it is possible to classify such legal relations according to the subjective composition of these legal relations. Thus, in the dissertation research it is proposed to consider the following groups of relations in cyberspace: "human and human", "human and organization", "organization and organization", "human / organization and state", "state and state".
The study also found that different types of offenses can be committed in cyberspace. That is, information offenses can be independent, or be committed in cyberspace. This is due to the fact that in cyberspace there is an information space and information is exchanged, which in turn can lead to certain violations and the commission of information offenses.
With regard to violations committed in cyberspace, the study found that there are currently certain illegal acts that are committed exclusively through the use of cyberspace, and can be legally classified as administrative offenses or felonies, or still remain outside the scope of legislation, although their content is tortious.
In the course of the work it was established that the way to commit any offense in cyberspace is a cyber attack.
The study classified cyberattacks according to the object of the attack, namely: cyberattack on an individual, cyberattack on an organization (legal entity) and cyberattack on the state. It is also established that, depending on the motives, circumstances and consequences of a cyberattack, a cyberattack carried out on the state, in theory, can be considered as an act of aggression. This conclusion allows for further analysis of cyber attacks as acts of aggression and talk about cyberwarfare between states.
In our work, we came to the conclusion that cyberspace can be considered as a field of hostilities, and cyber attacks under appropriate conditions can be considered as acts of aggression.
Ukraine has established and operates a system of bodies that carry out measures to ensure cybersecurity, repel cyberattacks and implement cyber defense measures. The review of the powers of these bodies is carried out in the work and detailed attention is paid to the normative - legal consolidation of the powers of the Ministry of Defense of Ukraine and the General Staff of the Armed Forces of Ukraine regarding the implementation of cyber defense measures. The most important question is: from what moment should the responsible body start implementing measures not just to repel or block cyberattacks, but also to implement cyber defense measures, and what is the meaning of these measures.
In this regard, the paper proposes to make a terminological distinction between a cyberattack as an administrative or criminal offense from a cyberattack as an act of aggression. Thus, the following chain of terms is proposed: cyber incident - cyber attack → cyber aggression. Thus, a cyber attack should be considered a cyber aggression that has signs of an act of aggression. In this case, cyber defense measures must be initiated in the event of a cyber attack on the information and telecommunications resources of our state.
In addition, the paper outlines two other issues that can improve the state of legal support for cyber defense in Ukraine. The first one is settlement the list of the states objects of critical infrastructure, which are the most potential objects of cyberattacks and cyberattacks on which can lead to the most negative consequences. The second issue, which is promising in the development of the future of our state, is the development of public policy on public-private partnership in sphere of cybersecurity and cyber defense of information resources of our state.
