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127 INFORMATION SECURITY OF THE DEFENSE FORCES IN : CURRENT STATE AND PROSPECTS Olha O. Zolotar1 Mykola M. Zaitsev2 Vitalii V. Topolnitskyi3 Kostiantyn I. Bieliakov4 Ihor M. Koropatnik5

Abstract: The relevance of the article is is to identify the problems of information determined by the fact that security is protection of the defense forces in always one of the priority issues of state Ukraine, to find areas of their policy, and given the fact that the defense elimination. Formal logical, system forces are an integral part of the state’s structural, comparative legal methods security, the study of their information were used to conduct the study. It is security is necessary. The feasibility of noted that by separating the information this study is confirmed by the fact that in space and cyberspace, the legislator has the current conditions of the information complicated the legal regulation of the society development, information protection of the state’s information technologies of the Ukrainian defense space. It is noted that efforts to prevent forces need to adapt to existing threats to the information space in challenges and threats in order to ensure and have been adequate protection of information that consolidated within the structure of the is of strategic importance to the state and Ministry of Defense. Accordingly, the is collected, summarized, stored by the authors emphasize the need for the defense forces. The purpose of the article optimization of the system of entities

1 Scientific Research Institute of Informatics and Law at the National Academy of Legal Sciences of Ukraine, Saksahanskyi Street, 110-c, Kyiv, 01032, Ukraine. E-mail: [email protected] 2 Central Research Institute of the Armed Forces of Ukraine, Povitroflotskyi Avenue, 28-b, Kyiv, 03049, Ukraine 3 National Defence University of Ukraine named after Ivan Cherniakhovskyi, Povitroflotskyi Avenue, 28, Kyiv, 03049, Ukraine. 4 Scientific Research Institute of Informatics and Law at the National Academy of Legal Sciences of Ukraine, Saksahanskyi Street, 110-c, Kyiv, 01032, Ukraine 5 Taras Shevchenko National University of Kyiv, M. Lomonosov Street, 81, Kyiv, 03189, Ukraine

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128 responsible for the protection of the in the least developed countries (The information space, the creation of 2030 Agenda for Sustainable conditions for public-private cooperation Development, 2015). in this area, as in the case of Germany, Despite the number of benefits and the provision of these entities with associated with the proliferation of qualified employees. The results information and telecommunications obtained are important for the research, technologies, they threaten the security lawmaking and law enforcement of the state’s information space. This is activities. confirmed by the consequences of the Petya virus attacks, which have Keywords: information space, increased Ukraine’s anti-rating in cyberspace, telecommunication information security issues and have technology, global information system, caused significant damage to European state security. countries. This virus has become a kind of indicator of the status of national and Introduction international tools aimed at protecting The 2030 Agenda for the information space from existing Sustainable Development, adopted by threats. At the same time, it put on the the United Nations, recognizes that the agenda a number of important tasks, in proliferation of information and particular, consolidating the policies of communication technologies and the all states in the area of developing high- global interconnection of networks quality security standards for the create significant opportunities to information space, software for accelerate progress in all areas of human government structures, creating state life and bridge the already existing agencies responsible for the formation digital divide (Transforming our and implementation of policies in this World…, 2015). Considering this, this area. agenda calls on every state to take Information space security is a measures aimed at significantly key task for a number of authorities expanding access to information and today, including entities belonging to the communication technologies and to state’s defense forces. In Ukraine, such strive for universal access to the Internet entities include the Armed Forces of

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129 Ukraine, but in modern conditions, even context of globalization (Reznik et al., the information and telecommunication 2020). systems of the latter are being attacked It is worth noting that, despite from sources geographically located the relevancy of the issue of information around the world. Thus, according to the space security in the socio-political Ministry of Defense of Ukraine, in 2019, discourse, many authors point that it is 52.97% of the attacks were from the understudied in the scientific literature. Russian Federation, 13.99% from China, M. Nieles, K. Dempsey, V.Ya. Pillitteri 6.50% from the United States, 5.89% define information security as the from Kazakhstan, 4.31% from Iran, protection of information and 3.87% from Israel, etc. This confirms information systems from unauthorized that the information and access, use, disclosure, disruption, telecommunication systems of the modification or destruction in order to Armed Forces of Ukraine are daily ensure confidentiality, integrity, and exposed to significant threats, while they accessibility. According to scientists, belong to the subjects responsible for the information is facts or ideas that can be state security, which is also a component presented (coded) in the form of various of information security. Accordingly, in forms of data; knowledge (e.g., data, the context of threats both to the security instructions) in any medium or form that of the information space of the state as an may be communication between the object and to the information and entities of the system (Nieles et al., telecommunication system of authorized 2017). entities, issues of strengthening the O.M. Kosohov, considering information security of the defense information security, substantiates that it forces are becoming especially relevant. is a component of Ukraine’s military Reznik, O., Olga Getmanets, O., security since there is a direct Kovalchuk, A., Nastyuk, V., dependence on the implementation of Andriichenko, N. note that financial, Ukraine’s most important interests in the information, military security and others military sphere on information threats are important and interconnected (Kosohov, 2016). It is worth paying components of which the state of attention to the opinion of E.S. Pelevina national security depends in the current who emphasizes the close relationship

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130 between the problem of information The protection of the security and the concepts of international information space of the state against security and economic globalization. internal and external threats is usually Thus, the key need of the state today is the responsibility of specially authorized the need to create the conditions entities. In particular, according to the necessary for its functioning and Concept of Development of the Security development. At the same time, the rapid and Defense Sector of Ukraine in 2016, spread of information and ensuring information and cybersecurity telecommunication technologies and the is one of the tasks of the security and need to minimize the risks posed by them defense sector (Presidential Decree on put the world community at risk of the Decision…, 2016a). However, V.Yu. maintaining international security Bohdanovych, B.O. Vorovych and Ye.I. (Pelevina, 2017). Marko note that foreign experience, International information particularly that of the USA and Israel, security implies the protection of the shows that the security and defense global information system from terrorist, sector structure has its own information criminal and military-political threats. security system, which has the functions The discussion of this issue raised at the and tasks of identifying and neutralizing Conference on Information Community information security threats – and Development, held in South Africa information security and defense threats in May 1996, led to the adoption in 1998 (Bohdanovych et al., 2018). of the Resolution No. 53/70 At the same time, information Developments in the field of information security and cybersecurity cannot be and telecommunications in the context of considered to be the sole task of state international security at the 53rd session security and defense authorities since. As of the General Assembly of the United Alan Ho Wei Seng points out, the key Nations. The above resolution task is the close cooperation with all recognized for the first time at the actors at the national level and with the international level the possibility of the competent authorities at the international negative consequences of the spread and level on the timely exchange of use of information technologies and information on probable threats, search means (Pelevina, 2017). and optimization of areas for the

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131 prevention of threats to information structural methods. Thus, the formal space (Seng, 2016). Moreover, logical method was used to investigate cooperation between the entities of the legal framework of information different countries, as well as the latter security of the defense forces of Ukraine. with international structures, is one of A comparison of the legal rules of the conditions for their successful national legislation, as well as the activity in any field. The confirmation is experience of ensuring information the study by O.O. Vakulyk, N.S. security of the defense forces of Andriichenko, O.M. Reznik, V.V. Volik, Lithuania and Ukraine, was carried out K.D. Yanishevska, which emphasizes using the comparative legal method. The the need to improve the activities of the systemic-structural method allowed entities engaged in the fight against analyzing the latest scientific financial crime based on establishing publications devoted to the study of interaction with the authorized bodies at information security issues of the state national and international levels defense forces, summarize and present (Vakulyk et al., 2019). Thus, the results of the study. considerable attention is paid to the issue The study of information of information security in the scientific security issues of the Ukrainian Defense doctrine; at the same time, we consider it Forces was conducted using general and appropriate to disclose the information special scientific methods: logical and security of the defense forces of Ukraine sematic method, logical and legal in more detail, which will both deepen method, method of critical analysis, existing scientific works on this topic comparative and legal method, systemic and determine the most optimal ways to and structural method. The logical and eliminate existing shortcomings in this sematic method made it possible to sphere. disclose the content of information, information security of the state and Materials and Methods international information security, to The study of information reveal the difference between security issues of the Ukrainian Defense information security and cybersecurity, Forces was conducted using formal to identify subjects of the Ukrainian logical, comparative legal and systemic- defense forces. The logical and legal

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132 method was used to investigate the legal concept of “information security” is framework of information security of the defined at the legislative level. defense forces of Ukraine. Method of According to the Law of Ukraine On the critical analysis became the basis for Fundamental Principles of Information analyzing the latest scientific Society Development in Ukraine for publications devoted to the study of 2007-2015 dated January 9, 2007, information security issues of the state information security is a state of defense forces and powers of subjects protection of vital interests of the of the Ukrainian defense forces in the individual, society and the state, which sphere of information security prevents damage caused by incomplete, management. A comparison of the legal untimely and unreliable information rules of national legislation, as well as used; negative informational impact; the experience of ensuring information negative consequences of the use of security of the defense forces of information technology; unauthorized Lithuania and Ukraine, was carried out distribution, use, violation of the using the comparative and legal method. integrity, confidentiality, and The comparative and legal method also accessibility of information (Law of allowed to reveal features of public- Ukraine…, 2007). private cooperation in Germany at the Third, national legislation sphere of information security of defense contains definitions of information forces. The systemic and structural security and cybersecurity, as evidenced method was used for generalization and by the Law of Ukraine on Basic presentation results of the study. Principles of Ensuring Cybersecurity of Ukraine dated October 5, 2017, the Results Cybersecurity Strategy of Ukraine dated The legislation of Ukraine pays March 15, 2016, the Concept for the considerable attention to the legal Development of the Security and regulation of the security of the Defense Sector of Ukraine dated March information space of the state. First, the 14, 2016. At the same time, according to 1992 Law of Ukraine on Information P.M. Snitsarenko, Yu.O. Sarycheva and enshrines the concept of “information” V.A. Tkachenko, it is not functionally and its types. Second, the content of the possible to separate information and

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133 cybernetic spaces, and if we pay infrastructure on the territory of Ukraine attention to the practical implementation and in other states; of legal provisions, then the separate 4. information existence of information and domination of the aggressor state in the cybersecurity is an unacceptable temporarily occupied territories; methodological mistake that negates all 5. insufficient attempts to counteract modern development of the national information information threats (Snitsarenko et al., infrastructure, which limits the ability of 2018). Ukraine to effectively counteract Fourth, in addition to information aggression, proactively act legislatively defining the concept of in the information sphere to realize the “information security”, the Doctrine of national interests of Ukraine; Information Security of Ukraine has 6. inefficient state identified current threats to national information policy, imperfect legal security in the information sphere, which regulation of public relations in the include: information sphere; 1. special information 7. insufficient level of operations aimed at undermining media culture of society; defense capabilities, demoralizing 8. spreading calls for personnel of the Armed Forces of radical action, promoting autonomous Ukraine and other military formations, concepts of coexistence of regions in exacerbating and destabilizing the socio- Ukraine (Presidential Decree No. political and socio-economic situation, 47/2017…, 2017). stirring up interethnic and interfaith Analyzing the threats to the conflicts in Ukraine; information space enshrined in the 2. special information Information Security Doctrine dated operations in other countries by the February 25, 2017, it is possible to see aggressor state in order to create a that they are directly or indirectly aimed negative image of Ukraine in the world; at destabilizing the state’s capabilities in 3. information the sphere of defense, military sphere, expansion of the aggressor state through and maximizing the blocking of expansion of its own information capabilities of the Armed Forces of

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134 Ukraine. Considering this, the Ministry and other fields. For this reason, of Defense of Ukraine introduced the scientists propose to optimize the military standard VST 01.004.004–2014 definition of information support (in the (01) “Information security of the state in military sphere) and to define in the the military sphere. Terms and specified standard the concept of definitions.” This standard is important “information support for the system of because it defines narrower categories, strategic management of the defense thus defining “information support (in forces” as a set of measures of military the military sphere)” as a set of measures management bodies of all levels and of military authorities of all levels, actions of troops (forces) and other actions of troops (forces) and other subjects of information activity for the entities of information activities for the purpose of creation (formation), use and purpose of creating (forming) and using protection of the necessary information the necessary information resources in resources in the information space of the information space of the military military sphere and their timely sphere for the implementation of provision for management processes management processes in the interests of (functions) in the interests of strategic the defense of the state (Military management of the defense forces standard…, 2019). (Ustymenko and Sarychev, 2019). O.V. Ustymenko and Yu.V. At the same time, certain Sarychev draw attention to the fact that principles of information security of the the specified standard leaves aside the Ukrainian Defense Forces are contained information support of the management in such documents as the Military of the defense forces, whereas in the Doctrine of Ukraine of September 24, conditions of armed conflict in the east 2015 and the Strategic Defense Bulletin of Ukraine it is incumbent upon it to of Ukraine of May 20, 2016. In respond promptly to new circumstances particular, item 17 of the Military and make informed decisions, predict its Doctrine of Ukraine states that, based on possible consequences. However, such the principles of state policy in the tasks cannot be accomplished without foreign and domestic spheres, as well as objective information on the state of actual threats to the national security of affairs in eastern Ukraine in the military Ukraine, one of the objectives of military

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135 policy in the medium term is to create a information, carry out special measures unified system of intelligence and aimed at counteracting external threats to appropriate infrastructure information the national security of Ukraine in the processing in the time mode close to real information sphere, and the task of the (Decree of the President of Ukraine…, second service is to ensure the 2015). This provision indicates that functioning of the government today Ukraine is not able to respond communication of the Commander-in- promptly to changes in the information Chief of the Armed Forces of Ukraine space, to quickly process the necessary with officials of the Armed Forces of information for military security, which Ukraine, military formations, special- is undoubtedly a significant drawback purpose law enforcement agencies that reduces the capabilities of the during their stay in the control points and country’s defense forces. to ensure the cyber defense of critical However, if we analyze the infrastructure (Decree of the President of powers of the subjects of the Ukrainian Ukraine…, 2015). defense forces, which include the Armed According to the Strategic Forces of Ukraine, the State Service for Defense Bulletin of Ukraine, in order to Special Communications and achieve one of the operational goals of Information Protection of Ukraine, the the defense reform, which should be State Special Transport Service, and completed by the end of 2020, it is other military units formed in envisaged to establish a unit for cyber accordance with the laws of Ukraine, as defense in the structure of the Ministry of well as law enforcement and intelligence Defense of Ukraine and to implement agencies, in terms of involving them in information protection measures in the accomplishment of the state defense accordance with the requirements of tasks, it can be concluded that the main regulatory acts of Ukraine, taking into part of the powers in the information account NATO and ISO/IEC standards sphere rests with the Foreign Intelligence (Presidential Decree On the Decision…, Service of Ukraine and the State Special 2016b). Liaison and Information Protection Analyzing the system of Service of Ukraine. The tasks of the first authorities responsible for ensuring the service are to obtain intelligence information space security in Ukraine, it

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136 is possible to make a clear conclusion Lithuania monitors state information about its complexity. Today, the resources, analyzes the situation in the Ministry of Defense of Ukraine, the State cybersecurity field, develops Service for Special Communication and cybersecurity plans for critical Information Protection of Ukraine, the infrastructure. The Ministry of Defense Foreign Intelligence Service of Ukraine, of Lithuania has the Department of the Security Service of Ukraine, the Cybersecurity and Information National Police of Ukraine, the Office of Technology, which is responsible for Intelligence of the State Border Guard shaping national policies in the field of Service of Ukraine function in this area. communications and information In fact, it is more urgent to ensure the systems and cyber defense. coordination of the activities of these It is worth paying attention to entities rather than to create new ones. the experience of Latvia, where the Another way of optimizing the activities Ministry of Defense combined the of these entities may be to simplify their functions of the state’s cybersecurity and powers to protect the information space electronic security services. In in Ukraine. particular, in 2013, the Ministry of If we pay attention to the Defense took over the management of experience of Lithuania, Infostruktūra, the National Council for Information which owns the state data transmission Technology Security. In addition, in network, was subordinated to the 2014, the cybersecurity unit, Emerson Ministry of Defense of Lithuania in 2017 Security, was formed within the structure in order to strengthen the protection of of the National Armed Forces of the the information space; the National Republic of Latvia. A feature of its Cybersecurity Center under the Ministry activity is the involvement of private and became the only state body in the public sector representatives country’s defense system, which tasks simultaneously in order to prevent cyber- include ensuring monitoring, control incidents and minimize the effects of over the implementation of the necessary cyber-incidents (Hapieieva, 2017). To security requirements and the strengthen the security of the management of cyber incidents. The information space of the Ukrainian National Cyber Security Center of Defense Forces, it is important to update

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137 the relevant system of subjects and to standards for critical infrastructure improve the interaction between them, to companies. Accordingly, these establish public-private cooperation, to minimum requirements must be ensured provide qualified personnel, etc. through the accessibility, authenticity, confidentiality and integrity of IT Discussion security throughout Germany, enhancing Improving the information Internet security for citizens, introducing security of the Ukrainian Defense Forces uniform standards for the protection of is an issue that requires a comprehensive national critical infrastructure (Boiko, approach; one of the possible areas is 2018). updating the system of entities For Ukraine, the experience of responsible for collecting, storing and these states is new, but it can be used to protecting strategic information of the improve the state of information security state defense forces. At the same time, of the defense forces in the country). interaction should be established Obviously, in Germany, the basis for between these entities. In support of the public-private cooperation in the field of above, we note that, according to S. Boes protecting the information space is the and E.R. Leukfeldt, a formalized establishment of uniform requirements, cooperation between public authorities which simplifies the monitoring of and stakeholders is one of the ways to compliance by entities with these strengthen the information security of requirements and improves the state (Boes and Leukfeldt, 2017). In communication between the state and the field of public-private cooperation, citizens. Considering the improvement the experience of Germany is of information security of the defense progressive, where the Law on forces in Ukraine, it would be advisable Information Security was adopted to to use the experience of Germany and prevent attacks on important information legislatively introduce uniform standards systems of the state. It enshrines the of information security for defense basic principles of interaction between forces and critical infrastructure. the state, which is represented by the Particular attention should be relevant authorities, and citizens. This paid to staffing the defense forces with law sets minimum information security qualified personnel in the field of

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138 protecting the information space. Thus, it is almost impossible to Without a detailed description of the determine one area in terms of improving personnel of each structure belonging to the security of the information resources the defense forces, we suggest focusing of the defense forces, given their on the personnel policy of the Armed interrelation; accordingly, the Forces of Ukraine. In particular, the development of one of these areas should analysis of the content of the Concept of take into account all aspects. The Military Personnel Policy in the Armed legislation of Ukraine defines the Forces of Ukraine until 2020 (Concept of concepts of “information”, “information military…, 2020) leads to the conclusion security”, and “defense forces”. The that there is no emphasis on the need to legislator distinguishes between provide them with experts in the “information security” and information security and cybersecurity, “cybersecurity”, which significantly although there is an indication that the complicates the legal regulation of the need to improve military personnel protection of the information space of the policy is driven by changes in national state and is not supported by some policy priorities in the national security scientists. It is emphasized that the and defense sector, reforms envisaged by optimization of the information security the Association Agreement between of the state as a whole and the defense Ukraine and the European Union, forces of Ukraine requires optimizing the ratified by Law of Ukraine No. 1678-VII system of entities responsible for dated 16 September 2014 and the need to protecting the information space, enhance the interoperability of the creating conditions for public-private Armed Forces of Ukraine with NATO cooperation in this area, following the member states’ armed forces to complete example of Germany, and providing common missions and training. Thus, it these entities with qualified employees. is advisable to pay attention to this in the above concept and to make efforts in this References: direction. Boes S, Leukfeldt ER. (2017). Fighting Conclusion cybercrime: a joint effort. Сyber- Physical Security: Protecting Critical

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Vakulyk OO, Andriichenko NS, Reznik OM, Volik VV, Yanishevska KD. (2019). International aspect of a legal regulation in the field of financial crime counteraction by the example of special services of Ukraine and the CIS countries. Journal of Legal, Ethical and Regulatory Issues, 22(1). https://www.abacademies.org/articles/In ternational-aspect-of-a-legal-regulation- in-the-field-of-financial-crime- counteraction-by-the-example-of- special-services-of-Ukraine-and-the- CIS-countries-1544-0044-22-1-280.pdf