Constitutional and legal basis of ensuring information security in Ukraine

Abstract

Abstract. It is substantiated that information security is considered on the same level with such integral features of statehood as sovereignty and territorial integrity. The information sphere is referred to in other articles of the Basic Law, in particular, Art. Art. 31 32, 34, 50 in the context of providing constitutional guarantees of the right to secrecy of correspondence, telephone conversations, telegraph and other correspondence; protection from invasion of privacy; protection against illegal dissemination of confidential information, judicial protection of the right to refute inaccurate information and the right to demand its seizure in this regard; the right to freely collect, store, use and disseminate information orally, in writing or otherwise ? at their discretion; the right to free access to information on the state of the environment, the quality of food and household items, as well as the right to disseminate it. It is established that the Constitution of Ukraine has become the main legal basis for further rule-making in the information sphere. However, this rule-making, along with certain positives in the development of the information field, freedom and protection of information, has not shown the necessary effectiveness in the information war. The main thing is that this rule-making did not ensure the implementation of Art. 17 of the Constitution, which places information security among several important functions of the state, such as the protection of sovereignty and territorial integrity. Accordingly, the failure to ensure information security has led to the loss of part of the sovereignty and territorial integrity of our state The purpose of the article is to study some constitutional forms of implementation of the state information security policy of Ukraine. The author concludes that in general, despite some disorder, inconsistency and inconsistency of Ukrainian legislation in the information sphere, the information legislation of Ukraine in recent years has been revised and transformed by new challenges and threats in the face of military aggression. Certain legal acts have been adopted for a short period and expire in 2020. Therefore, given the fact that Ukraine is in a state of hybrid war, in which information security is the most attacked and, at the same time, the most vulnerable, there is an objective need to develop a basic law - the Information Code, which would include a separate section on information security or adoption of a special Law of Ukraine "On Information Security of Ukraine", which will be able to regulate the basic principles of state policy aimed at protecting the information security of man, society and the state from external and internal threats Key words: information security, access to information, transparency, e-government, government agencies, official information.