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Theoretical and Organizational Fundamentals of Normative and Legal Regulation of Information Relations in Activities of the State Border Guard Service of Ukraine

Work number - M 42 FILED

Kushnir I. P.

The scientific work deals with the solution of topical scientific problem to clarify the peculiarities of normative legal regulation of information relations in activities of SBGS, to formulate the substantiated recommendations to improve the efficiency of information relations and directions to develop their normative and legal regulation.

A conceptual approach to the study of the problem of normative and legal regulation of information relations in the activities of the SBGS, which is stipulated by the dual nature of these relations, namely: external, - realization of information rights of persons crossing the state border of Ukraine, satisfaction of information needs, protection of privacy in connection with the functioning of SBGS bodies and units; internal - provision of information activities, comprehensive development of the information component in the management of SBGS operational and service activities, ensuring information openness and increasing public confidence in the SBGS, creating conditions for counteracting and preventing information threats to border security, etc.

The results of scientific research proved that the current state of information relations in the SBGS needs to improve regulatory and legal regulation in accordance with the main trends in the information society, modernization of the information component of state border protection taking into account national and international law. It is defined that the main priorities in adjusting the information relations with the participation of the SBGS are implementation of information rights of citizens, provision of privacy, information security, which should be correlated and balanced with border security measures. It is found that the State Border Guard Service of Ukraine in the researched relations is a subject of authority powers and the administrator of information in the area of responsibility, which reveals it as a special (central) subject within these relations.

It is established that the basis of legal regulation of the information component in the activities of the State Border Guard Service of Ukraine is formed by the system of normative legal acts of different hierarchy. They define the basic foundations, principles, mechanisms of information circulation, in particular with the use of information and telecommunication systems in the sphere of state border protection, which is carried out in the process of executing the SBGS tasks.

It is proved that the practical component of information relations in the management of operational and service activities of the SBGS is focused on the decision-making process of the chiefs of the state border protection bodies and units. An important role in operational and service activities is played by information interaction, which is not only the actual transmission of relevant data, but also the organization and implementation of the information process.

The key aspects of legal regulation of the SBGS relations with the information sphere of society are revealed, including: information openness; ensuring privacy; implementation of mechanisms for addressing and requesting public information.

Based on the research, specific recommendations were developed that will help improve information relations, namely: development of openness and accessibility in SBGS activities, security in SBGS information systems, e-government and electronic identification, formation of sustainable educational potential, consciousness, competencies of SBGS servicemen on basic foundations and principles of information legislation, development of information culture, “computer hygiene”.

The directions for improving normative legal regulation of information relations in SBGS activities are offered, including: the need to systematize the norms of information legislation through codification, adoption of the Information Code of Ukraine, grouping of articles of the Criminal Code of Ukraine and the Code of Administrative Offences of Ukraine, which provide for liability for violation of information legislation; improving the terminology of information legislation; improvement of normative legal regulation of information relations in norms of border legislation (adoption of the Concept of SBGS Information Support, creation of departmental normative legal base accessible to SBGS personnel, modification of norms of separate normative legal acts).