The concept and social essence of the information sphere as an object of legal protection and defense

Abstract

The article carries out a comprehensive theoretical and legal study of the concept and social essence of the information sphere as an independent object of legal protection and protection in the conditions of the formation of an information society and the digital transformation of the state. It is substantiated that the information sphere is a complex, multi-level socio-legal formation that encompasses a set of information and information resources, information infrastructure, subjects that carry out and ensure the circulation of information, that is, its creation, distribution (transmission), storage, use and destruction, social relations that arise in the process of the specified activity, the system of legal support for information relations and the institutional system of public administration of protection and defense.

The attention is focused on the social nature of the information sphere, which is manifested in ensuring democratic processes, transparency of public authorities, development of civil society and knowledge economy. It is proved that the right to information, freedom of speech, access to public information and protection of personal data form the core of the social value of the information sphere and determine the need for its special legal protection. The structural elements of the information sphere are revealed, which include information resources, information infrastructure, subjects of information relations and information processes. It is substantiated that it is the complex nature of this sphere that determines the need for cross-sectoral legal regulation using constitutional, administrative, civil and criminal law means.

Particular attention is paid to the definition of the information sphere as an object of legal protection, which includes the protection of human information rights, information resources, critical information infrastructure and information sovereignty of the state. It is concluded that in conditions of armed aggression, cyber threats and the spread of disinformation, effective legal protection of the information sphere acquires strategic importance for the national security of Ukraine and requires further regulatory and institutional improvement.