The dissertation deals with the problem of studying the administrative and legal support of a person’s cybersecurity mechanism, in which the nature of concept is analysed and the main elements of mechanism of administrative and legal support of person’s cybersecurity are outlined on the basis of a set of philosophical, general and special methods of scientific knowledge, legal doctrine and law enforcement practice.
In this dissertation, person’s cyber security is considered as an object of administrative and legal support, particularly, its concepts, structure and socio-legal significance are highlighted. The author substantiates the need to shift the emphasis in national security strategies, particularly, in the Cyber Security Strategy of Ukraine, from the interests of the state to the interests and rights of persons, because cybersecurity remains one of the primary needs of modern human.
The author also gives arguments to solve the problem of vital interests ratio of subjects of different levels – person, society and the state in cyberspace; for concretization of person’s interests in the main institutional normative legal acts during the use of cyberspace; for proper separation of person’s interests from the interests of other subjects, the state, particularly; expanding the list of responsible for cybersecurity subjects through the delegation of relevant proxies to non-state subjects; creating conditions for self-regulation of this area. It is proved that the structure of person’s cyber security can be expressed through a set of public rights, the proper protection and defence of which should be an important area of activity of public administration subjects, responsible for person’s cybersecurity.
The author analyses and improves doctrinal approaches to determining the list of subjects, responsible for person’s cybersecurity, therefore, it is proposed to expand the national cybersecurity system in practice through the involvement of the public and individuals, experts in cyber security (including white and grey hackers). The dissertation also provides the author’s approach to understanding person’s cybersecurity and the mechanism of its administrative and legal support, it is emphasized, particularly, that this concept is characterized by dynamism and variability. Thus, the mechanism of administrative and legal support of person’s cybersecurity should take into account the patterns of development of society, science and technology, in order to be effective and able to satisfy, protect and defend vital interests, human rights and freedoms during use of cyberspace.
