关键基础设施保护的法律层面-选定的方面

Łukasz Roman, Krzysztof Cygańczuk
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引用次数: 0

摘要

目的:作为本文的一部分,本文试图介绍波兰关于关键基础设施的立法程序,其中有效的是2007年4月26日关于危机管理的法案,该法案特别规定了负责危机管理的当局及其在该领域的任务和运作原则,以及在此基础上发布的实施法案。所采用的法律条例界定了关键基础设施的概念、对其的保护和与预防危机情况有关的活动,在危机发生时作出反应和准备控制危机,以及消除其影响和重新创造关键资源。导论:关于保护关键基础设施的规定包含在涵盖国家运作各个领域的法律法案中,包括电信活动、燃料和电力的生产和贸易、企业家履行国防任务、建立战略储备、主管国家财政部长在某些公司的权力、对人员和财产的保护。对关键基础设施的保护涉及到“限期”,这表明需要作出特别努力来保护该国的关键基础设施。因此,有理由提出保护关键基础设施所需的一些法律要素,特别是那些确保公共行政机构业务连续性的问题,这些问题是为了确保公民的安全。方法:本文是根据对有关这一主题的文献的分析和对加强关键基础设施概念领域的法律行为的分析编写的,同时考虑到与这一流行病有关的当前局势以及因此而造成的一些官员和雇员的损失。在分析所进行的研究时,使用了紧凑出版物、波兰法律行为以及政府机构网站上公布的准则和建议。结论:在保护关键基础设施方面,有必要在机构间合作的框架内引入法律法规。在关键基础设施领域准备有效的活动需要一个全面的方法,包括:物质、技术、人员、信息通信技术、法律保护,以及政府在重建受损部分的援助。上面提到的每个领域都是一组复杂的活动,需要一般知识和专业知识,有时需要专业知识、广泛的实践经验(使用所谓的良好实践)、风险分析技能和风险预测(分析)。关键词:危机管理行为,法律行为,危机管理,关键基础设施保护,识别
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Dimension of the Protection of Critical Infrastructure – Selected Aspects
Aim: As part of this article, an attempt was made to present the legislative process in Poland regarding critical infrastructure, for which valid is the Act of 26 April 2007 on crisis management, specifying, inter alia, authorities competent in crisis management and their tasks and principles of operation in this area as well as implementing acts issued on its basis. The introduced legal regulations define both the concept of critical infrastructure, its protection and activities related to the prevention of crisis situations, reacting in the event of their occurrence and preparation to take control over them, as well as removing their effects and recreating key resources. Introduction: Regulations concerning the protection of critical infrastructure are included in legal acts covering various areas of the country’s functioning, including telecommunications activities, production and trade in fuels and electricity, performance of defence tasks by entrepreneurs, creation of strategic reserves, powers of the minister competent for the State Treasury in some companies, protection of persons and the property. The protection of critical infrastructure is related to the raison d’état, which indicates the need to make special efforts to protect the country’s key infrastructure. Therefore, it is reasonable to present selected legal elements needed to protect critical infrastructure, especially those issues that ensure the continuity of the operation of public administration bodies, which are to ensure the safety of the citizens. Methodology: The article was prepared based on the analysis of the literature on the subject and the analysis of legal acts in the area of strengthening the concept of critical infrastructure, taking into account the current situation related to the pandemic and, consequently, the loss of some officers and employees. During the analysis of the conducted research, compact publications, acts of Polish law as well as guidelines and recommendations published on the websites of governmental institutions were used. Conclusions: In the protection of critical infrastructure, there is a need to introduce legal regulations within the framework of cooperation between institutions. The preparation of effective activities in the area of critical infrastructure requires a comprehensive approach, including: physical, technical, personal, ICT, legal protection, as well as assistance from the government in the reconstruction of the damaged element. Each of the areas mentioned above is a complex set of activities requiring general and specialist knowledge, sometimes expert knowledge, extensive practical experience (using the so-called good practices), risk analysis skills, and risk prediction (profiling). Keywords: act on crisis management, legal acts, crisis management, protection of critical infrastructure, identification Type of article: review article
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