Tsaruk A. Administrative and Legal Support of Information and Analytical Activities of the State Border Guard Service of Ukraine in the Context of European Integration.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102960

Applicant for

Specialization

  • 081 - Право. Право

16-12-2021

Specialized Academic Board

ДФ 70.705.016

National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi

Essay

The research provides a theoretical analysis of the nature and understanding of the phenomenon of “information and analytical activities”. For the first time the substantive difference between information and analytical work is distinguished on the basis of theoretical comprehension of the essential characteristic of the “information and analytical activities” phenomenon. The necessity to select information-search and intelligence-analytical components of information-analytical activities as a whole is proved. The dualism of the essential characteristics of information and analytical activities is indicated, which consists in the substantial difference of information and analytical characteristics. The information component involves the primary processing of information: collection, systematization, classification, storage, quantitative analysis. And it actualizes the concept of information and search activities. And the analytical component actualizes the qualitative and contextual processing of information: identification of essential latent elements, cause and effect relationships, acquisition of new knowledge, preparation of management decisions. The essential characteristics of SBGS information and analytical activities are revealed; the linguistic and legal content of information-search and intelligenceanalytical components in the system of SBGS information and analytical activities is clarified. Based on the analysis of European experience in state border protection, information and analytical activities in the state border security system, integrated border management, which are key to understanding the organization, legal support, components of SBGS information and analytical activities and their content in the context of European integration processes in Ukraine, as well as taking into account the fundamental human rights, legality, necessity and proportionality of restrictions on these rights, components of equality and non-discrimination in information and analytical activities, the definition and content of the principles of information and analytical activities are defined, which include. Based on the analysis of national and foreign experience in the research, specific proposals to the Law of Ukraine “On the State Border Guard Service of Ukraine” refer to: standardization of powers in the field of information and analytical support: definition of the purpose and forms of these activities, legal regulation of interaction in the specified sphere, possibilities to create departmental databases for performance of the corresponding powers, requirements for providing information security, etc. It is noted that the model of activities driven by intelligence and analysis or policy-making based on analysis is not just a specific method or means, but rather a certain change in the culture of “production”, which opens the way for law enforcement agencies to change in general. Based on the research of theoretical and methodological principle, the approaches to defining the concept of “information and analytical activities” on the basis of the prevailing selection of the analytical component; approaches to the separation of the analytical intelligence component in the system of information and analytical activities; approaches to defining the content and concepts of “analytics”, “information”, “analytical intelligence”, “criminal analysis”, “pattern”, “situational awareness”, “situational picture”, “risk profile”, etc.; as well as approaches to the content characteristics and highlighting the features of criminal analysis in comparison with the content of the analytical intelligence component of the SBGS information and analytical activities were improved. The provisions on substantiation of the content of European standards and directions for developing normative and legal support of SBGS information and analytical activities in the system of European integration processes of Ukraine; substantiation of the essence of internal characteristic components of information and analytical activities: content, principles, functions, tasks, subjects and levels, as well as basic related phenomena: information security, state border security, border information, border information resource, integrated information and telecommunication system, etc.; identification of historical formation periods for the institute of information and analytical activities in law enforcement activities in Ukraine; substantiation to systematize normative and legal acts in the system of legal regulation of SBGS information and analytical activities; proposals for making changes and supplements to the current legislation in terms of providing the analytical intelligence component of the SBGS information and analytical activities were further developed

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