REGULATORY AND LEGAL PRINCIPLES OF CONFIDENTIAL INFORMATION CIRCULATION IN UKRAINE

Abstract

In modern Ukrainian legislation, there is a problem of legal regulation of the circulation of information resources, to which the state applies a special regime of restrictions. The most problematic is the legal regulation of the circulation of confidential information resources. This article is devoted to the solution of the specified problem. Based on the analysis of the results of previous research in this area, it is established that at the legal level there are no criteria on the basis of which there is a clear classification of information resources, in particular resources to which the state may impose a certain regime of restrictions. In addition, different pieces of legislation do not provide identical definitions of «confidential information» as one of the types of information with limited access. This creates conditions for the search for debatable provisions and the possibility of their ambiguous interpretation or practical application. In this regard, a number of codes and laws of Ukraine enshrine provisions on the basis of which certain information resources are classified as confidential information. Based on the results of this analysis, the authors of the article suggest: – bring the definition of «confidential information» to a single wording in all legislation; – amend the Law of Ukraine «On Information», supplementing Part 2 of Art. 21 «Information with limited access» in the words «except in cases aimed at the realization of human and civil rights and freedoms» and state it as follows: «Confidential is information about an individual, as well as information to which access is restricted by a natural or legal person, except subjects of power, except in cases aimed at the realization of human and civil rights and freedoms»; – create lists of information, which will establish the procedure for assigning certain information resources to confidential information for a particular field of activity (Ministry of Internal Affairs of Ukraine, National Police, Security Service of Ukraine, etc.), taking into account the provisions of a number of regulations of Ukraine.