Principles of Administrative and Legal Regulation of the State Information Policy in Ukraine

Abstract

The article examines the theoretical and legal foundations of the principles of administrative and legal regulation of the state information policy in Ukraine in the context of the transformation of administrative law, digitalization of public administration and the growing security challenges in the information sphere. The purpose of the article is to form a comprehensive theoretical and legal approach to defining the system of principles of administrative and legal regulation of the state information policy and to substantiate their classification, taking into account the need to ensure a balance between human rights and freedoms and the interests of national security of the state.

The methodological basis of the research consists of general scientific and special legal methods, in particular the dialectical method, the system-structural method, the formal-legal method, the method of legal analysis and the comparative-legal method. Their application made it possible to study doctrinal approaches to understanding the principles of administrative law and the principles of administrative and legal regulation, to determine their role in the mechanism of implementation of the state information policy and to form a scientifically grounded system of principles of administrative and legal regulation in the relevant field.

As a result of the research, it has been established that administrative and legal regulation of the state information policy should be carried out on the basis of a coherent system of principles that determine the limits of state intervention in the information sphere, the standards of activity of public administration and the balance between public and private interests. It is substantiated that the system of principles of administrative and legal regulation of the state information policy includes three interrelated groups of principles: general, special and functional-security principles. The general principles include the principle of the rule of law, legality, priority of human rights and freedoms, proportionality, equality, transparency, accountability and responsibility of public administration. The system of special principles of administrative and legal regulation of the state information policy has been formulated, which include the principle of balance between rights and security, the principle of information sovereignty, the principle of countering disinformation, the principle of strategic communications of the state and the principle of coordination of subjects ensuring information security. The expediency of distinguishing the third group of principles – functional-security principles – has been substantiated, which include the principle of strategic management in the information sphere, the principle of information resilience of the state and society, the principle of digital transformation of public administration, the principle of interaction between the state and society in the information sphere, and the principle of international information cooperation.

The conclusions state that the proposed classification of the principles of administrative and legal regulation of the state information policy reflects modern transformations of administrative law and the formation of a new paradigm of administrative and legal regulation, within which administrative law is considered as a legal instrument for simultaneously ensuring human rights, effective public administration and information security of the state.