INNOVATIVE INVESTMENT IN CYBERSECURITY PROVISION IN THE CONDITIONS OF MARTIAL LAW AND POST-WAR RECOVERY

Abstract

Introduction. The modern economy of the world and any more or less developed country cannot develop without the application of scientific and technological progress, primarily in the field of digital technologies. However, the development of scientific and technological progress and the spread of digitalization, like any socio-political or economic phenomena or processes, have a multipolar impact on society and the economy. In addition to the advantages, new threats also appear.

Purpose. The purpose of the article is to substantiate the directions of forming a balanced model of sustainable investment in the innovatively significant sphere of cybersecurity, taking into account the approaches implemented in the EU Member States in accordance with the New European Innovation Agenda for Europe and the Digital Agenda for Europe, with the aim of repelling the aggressor in a special period and securing cyberspace in the post-war period.

Materials and methods. Achieving the formulated rather complex and comprehensive goal requires the use of a set of well-known methods of scientific knowledge. Among them, priority should be given to the use of the comparison method (comparative method) when studying acts of European and Ukrainian legislation, and the use of the analytical-synthetic method when studying law enforcement practice. Complex historical-legal and economic-legal methods should explain the cause-and-effect relationship between many studied phenomena and processes. The system-structural method should help clarify the scope of economic and administrative competence of subjects of state regulation of cybersecurity. The use of the analogy method allows extrapolating physical and biological phenomena and processes to social ones in order to reveal the nature of the latter. The method of ascending from the abstract to the concrete and from the simple to the complex, which is based on and follows from the analytical-synthetic method, should contribute to the study of the components of the model of sustainable investment in the innovatively significant sphere of ensuring cybersecurity and the formulation of parts of the new concept. Other methods based on materialist dialectics were also used, as well as modern methods based on synergetics and hermeneutics, which allow characterizing sporadic nonlinear and unpredictable phenomena and processes that can positively or negatively affect the provision of cybersecurity in Ukraine under martial law and post-war recovery.

Results. The study took into account the approaches implemented in the EU Member States in accordance with the New European Innovation Agenda for Europe and the Digital Agenda for Europe. The need to update the conceptual acts of Ukrainian legislation towards expanding the areas and methods of investing in innovative activities designed to ensure cybersecurity with repelling the aggressor in a special period and securing cyberspace in the post-war period was identified. The priority of supplementing existing acts rather than developing and adopting new ones was indicated. It is proposed to supplement Section III “Formation and Implementation of the National Informatization Program” of the current Law of Ukraine “On the National Informatization Program”. The implementation, even in a revised form, of the general provisions on the spread of digitalization and ensuring cybersecurity of the two named “orders” for Europe will contribute to the unification of the Ukrainian and European cyberspaces and will take place in the general framework of the implementation of the Acquis communautaire into Ukrainian legislation. It is proposed to implement the provisions of both named “orders” for Europe on innovative investment and financing of cybersecurity activities into Section IV “Financial support of the National Informatization Program” of the Law of Ukraine “On the National Informatization Program”. The adoption of the draft law of Ukraine “On Cyber Forces of the Armed Forces of Ukraine” was also supported, which will confirm Ukraine’s primacy in the formation of new forces within the Armed Forces of Ukraine, as well as increase specialization in countering hostile cyberattacks under the legal regime of martial law and effective work during post-war reconstruction.

Prospects. Further research should be aimed at developing amendments and additions to the legislation of Ukraine on the development of digitalization and ensuring cybersecurity, especially to the Law of Ukraine "On the National Informatization Program".