REGULATORY AND LEGAL ASPECTS OF THE IMPLEMENTATION AND SECURITY OF ELECTRONIC DOCUMENT TRANSFER IN UKRAINE

Анотація

Normative regulation of electronic document flow establishes basic ideas, priority tasks, issues of strategic importance, trends in the development of electronic governance, standards and means of implementation at the level of regulatory and legal requirements. The national legislation includes more than 300 laws aimed at regulating the functional elements of e-government in Ukraine. The Constitution of Ukraine formulates legal norms that regulate the sphere of democracy and the right to information, as well as determine the functional principles of the activities of state authorities. Thus, the constitutional provisions create a basis for the implementation of e-government. The main principles of state policy in the field of information society development, informatization and electronic governance are enshrined in a number of laws, in particular in the Laws of Ukraine "On Information" (1992), "On Scientific and Technical Information" (1993), "On Protection of Personal Data" (2010), "On Protection of Information in Information and Communication Systems" (1994), "On the main foundations of the development of the information society in Ukraine for 2007-2015" (2007), "On electronic documents and electronic document management" (2003), "On electronic communications" (2020), "On electronic identification and electronic trust services" (2017). Normative and legal regulation of e-governance is mostly related to the electronic form of state administration from a technical point of view, and new components of the mechanism of administrative and legal regulation of e-governance have not been created. Electronic public administration outlines the digitization of legal requirements that form the basis of administrative and legal regulation of these relations. First of all, before carrying out such activities, it is necessary to create appropriate content. The continuous transition to electronic formats and the simultaneous creation or improvement of content creates a burden on the process of introducing innovative technologies into public administration. The practical elements of the law are crucial to the implementation of an effective e-government system. They also contribute to the adoption of specific management decisions and prompt receipt of necessary information about the state of the e-government system and its ability to perform the tasks and functions assigned to it and meet expectations. The implementation of the electronic services system in Ukraine is regulated by a significant number of laws. At the same time, the norms of both administrative and informational law are closely intertwined in these laws. However, there is currently no unified state policy in the field of electronic public services, a clearly defined system of standards for their provision and implementation of appropriate measures for their implementation. An urgent problem is the lack of control by the state. Thus, the first problem is the lack of a comprehensive mechanism of legal support for the implementation of electronic services, and the second - imperfect law enforcement practice, legal nihilism of citizens, businesses and officials of state authorities. There is a need for a clear distribution of the list of functional powers between the authorities in order to rationalize the regulation on a hierarchical basis in accordance with the Constitution of Ukraine and to eliminate the duplication of functions between the authorities. The current state of the legal framework for the implementation and development of e-government shows the disparity of norms, the presence of provisions that duplicate each other, and the absence of effective practical implementation tools. In order to further improve the regulatory and legal framework governing the researched field, it is undoubtedly desirable to avoid existing fragmentation, inconsistency and collisions in it, to achieve completeness and to try to cover as many legal relations in the field of e-government with administrative and legal regulation as possible.

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