LEGAL BASIS OF INFORMATION SOCIETY DEVELOPMENT IN UKRAINE

GLOBAL ORGANIZATION OF ALLIED LEADERSHIP

ACADEMY OF SCIENCE OF HIGH EDUCATION

ACADEMY OF OPEN SOCIETY SECURITY

V. А. LIPKAN, I. M. SOPILKO, V. O. KIR’YAN

LEGAL BASIS OF INFORMATION

SOCIETY DEVELOPMENT

IN UKRAINE

Monograph

Edited by Dr. V. A. Lipkan

Publisher O.S. Lipkan

Kyiv 2015

Publisher O. S. Lipkan

Legal BASIS OF INFORMATION SOCIETY DEVELOPMENT IN UKRAINE

V. A. Lipkan, I. M. Sopilko, V. O. Kir’yan

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© V. А. Lipkan, I. M. Sopilko, V. O. Kir’yan

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Printed in Ukraine

ISBN 978-966-2439-52-6

L 613

Lipkan V. A.

Legal basis of information society development in Ukraine: [monography] /

V. А. Lipkan, I. M. Sopilko, V. O. Kir’yan / Edited by Dr. V. A. Lipkan. — К. :

О. S. Lipkan, 2015. — 664 p.

ISBN 978-966-2439-52-6

The monograph is devoted to theoretical and legal foundations of the information society in Ukraine. The

work defines such definitions as «state information policy», «information society», «informational identity», «information

interests», «information ideology», «safety of information society», «threats to information society»,

«hybrid war», «information space», «globalization of information», «information culture», «informational order»,

«information potential of the state», «information resources», «informational sovereignty» and others. The condition

of the national normative legal acts that regulate the development of the information society and the international

information legislation is analyzed.

Due to significant number of aspects related to information society development in Ukraine, the monograph

presents the legal model of the information society; promising areas of legal regulation of legal informational

relations is identified and the classification of threats to the information society. The attention is focused

on the issue of moral paradigm of the information society development, on regulations concerning the

legal regulation of international information order and defining the causes of the informational marginals emergence.

The monograph is a logical continuation of the series «ORDO ORDINANS» of Dr. V. Lipkan scientific school

and will be useful for graduate students, researchers, practitioners and for everyone who interested in the systematization

of information legislation.

Publisher O. S. Lipkan

 

CONTENTS

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

part 1. Theoretical Foundations OF THE

infor mation AL societ y develop ment in Ukraine . . . 37

1.1 Level of scientific researches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

1.2 Legal aspects of the informational society concepts . . . . . . . . . . . . . . . . . .65

1.3 Definition of the informational society and its main features . . . . . . . . . .76

CONCLUSIONS TO THE FIRST PART . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93

part 2. philosop hical AND LEGAL DIMENSION of the

infor mational societ y develop ment in Ukraine . . 101

2.1 Philosophical determinants of the informational society development 103

2.2 Informational interests as a substrate of the informational society . . . 109

2.3 Legal nature of threats in the informational society . . . . . . . . . . . . . . . . 127

2.4 Hybrid war as threat to the informational society development . . . . . 142

CONCLUSIONS TO THE SECOND PART . . . . . . . . . . . . . . . . . . . . . . . . . 147

part 3. met hodological principles of forming of

the state infor mational polic y NEOPARADYHM . . . . 153

3.1 Informational phenomenology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159

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ПРАВОВІ ЗАСАДИ РОЗВИТКУ ІнформаційнОГО СУСПІЛЬСТВА В УКРАЇНІ

3.2 Information gnoseology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

3.2.1 Conditionality of necessity of the separate research of

information gnoseology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

3.2.2 Concept & content of methodology and method . . . . . . . . . . . . . . . 175

3.2.3 Classification of methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

3.2.4 Systematic approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

3.2.5 Activity approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

3.2.6 Praxeological approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192

3.2.7 Theory of justice of John Rawls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197

3.2.8 Conclusions to methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203

3.3 Informational ontology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204

3.4 Informational axiology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

3.4.1 Substantiational actuality of appealing to the informational

axiology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

3.4.2 Level of scientific researches of theme in scientific works . . . . . . . . 223

3.4.3 Foundations of formation of informational axiology . . . . . . . . . . . 225

3.4.3.1 Concept of axiology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230

3.4.3.2 Concept of values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234

3.4.3.3 Ratio of human and national values . . . . . . . . . . . . . . . . . . . . . . . . 237

3.4.3.4 Informational values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240

3.4.4 Informational society as a value . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242

3.4.5 Informational rights as the highest social value . . . . . . . . . . . . . . . . 245

3.4.6 Conclusions to informational axiology . . . . . . . . . . . . . . . . . . . . . . . 249

CONCLUSIONS TO THE THIRD PART . . . . . . . . . . . . . . . . . . . . . . . . . . . 254

part 4. legal regulation of the infor mational

societ y develop ment in Ukraine . . . . . . . . . . . . . . . . . . . . 259

4.1 Condition of legal regulation of the informational society

development in Ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261

the UN GA Resolutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269

the UN Secretary General reports and notes . . . . . . . . . . . . . . . . . . . . . . 274

Reports of ICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274

Additional documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280

— laws of Ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295

— decrees of parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310

— acts of the President of Ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313

— acts of Cabinet of Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317

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В. А. ЛІПКАН, І. М. СОПІЛКО, В. О. КІР’ЯН

— acts of judiciary bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327

— acts of bodies of executive power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328

4.2 Place and role of the informational society development in modern

state informational policy of ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329

CONCLUSIONS TO THE FOURTH PART . . . . . . . . . . . . . . . . . . . . . . . . . 343

part 5. Directions for impro vement of the

infor mational societ y develop ment in Ukraine . . . 351

5.1. International legal experience of the informational society

development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353

5.1.1 Informational policy of Finland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

5.1.2 Informational policy of the Kingdom of Belgium, Denmark,

the Netherlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360

5.1.3 Informational policy of Sweden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361

5.1.4 Informational policy of France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366

5.1.5 Informational policy of the UK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

5.1.6 Informational policy of Germany . . . . . . . . . . . . . . . . . . . . . . . . . . . 370

5.1.7 Informational policy of Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372

5.1.8 Informational policy of the USA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380

5.1.9 Informational policy of China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387

5.1.10 Informational policy of the South Korea . . . . . . . . . . . . . . . . . . . . 392

5.1.11 Informational policy of Singapore . . . . . . . . . . . . . . . . . . . . . . . . . . 393

5.1.12 Informational policy of Japan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394

5.1.13 Informational policy of Lithuania, Hungary, the Czech Republic 402

5.1.14 Informational policy of Poland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

5.2 Strategy of informational society development in ukraine . . . . . . . . . . 414

CONCLUSIONS TO THE FIFTH PART . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443

PART 6. infor mational identit y — basic principle

of the infor mational societ y de velop ment in

ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

6.1 The concept of identity and its operationalization in the

information society development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

6.2 Origins of informational identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465

6.2.1 Types of informational identity: public, social, personal . . . . . . . . . 466

6.2.2 Homo informaticus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

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ПРАВОВІ ЗАСАДИ РОЗВИТКУ ІнформаційнОГО СУСПІЛЬСТВА В УКРАЇНІ

6.2.3. Values and ideology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .479

6.2.4. Informational identity – consolidating factor . . . . . . . . . . . . . . . . . 481

6.3 Factors that inhibit the formation of informational identity . . . . . . . . . 486

6.4 Methodology of research of the informational identity . . . . . . . . . . . . . 493

6.5 Concept of the informational identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494

6.6 Problem-forming matrix of formation of the informational

identity concept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495

6.7 Principles of the informational identity . . . . . . . . . . . . . . . . . . . . . . . . . . 497

6.8 The legal approach to understanding of the informational identity . . 500

Conclusions of the six part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506

CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524

te zaurus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535

used lit Erature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589

ANNEXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616

ANNEXE А. Structural and functional analysis

of substantive elements of civil and

informational society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616

ANNEXE Б. Сomparative table of legislatively

defined informational interests . . . . . . . . . . . . . . . . . . . . 618

ANNEXE В. Relation to the purpose of the

information society development and vital

interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619

ANNEXE Д.1. RESULTS OF ANALYSIS OF THE LAW OF

UKRAINE “ON BASIC PRINCIPLES OF INFORMATION

SOCIETY DEVELOPMENT IN UKRAINE for 2007-2015

years» . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621

ANNEXE Д.2. MAIN STRATEGIC GOALS OF THE

INFORMATION SOCIETY development IN UKRAINE . . . . . 627

ANNEXE Д.3. COMPARATIVE TABLE OF DIRECTIONS OF THE

INFORMATION SOCIETY development . . . . . . . . . . . . . . . . . . . 630

ANNEXE Е. DIRECTIONS OF ensuring OF the

information security of UKRAINE . . . . . . . . . . . . . . . . . . . . 633

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В. А. ЛІПКАН, І. М. СОПІЛКО, В. О. КІР’ЯН

useful bibliograp hy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639

Researches of V. Lipkan’ scientific school on

informational TOPICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639

Researches of I. SOPILKO’ scientific school on

informational TOPICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652

PREFACE

Why I decided to start this series «ORDO ORDINANS»?

First of all, I have led an inner conviction of the need to overcome

that artificial barrier, in which the current generation and future

generation lose their immanent radical connection. Modern

development of science in Ukraine becomes systematic, but painfully

sad that now lacks affinity between scientific generations.

In most cases those who have earned scientific degree, very

meticulously and partly subjective treat themselves towards talented

younger generation, but also are trying to impose on the not untalented

youth such a thing like unlimited improvement of their own theoretical

studies.

Such intellectual separatism is partly converted into scientific

“bullying» when certain groups of doctors of sciences make it

impossible to defend dissertations, hiding behind dubious slogans

about “necessity of improvement and a deeper studying of the

subject of research.»

So now in science is a real monopoly on certain topics, research

areas that not only affects the science itself, but also leads to the

doubts in the light of science, forcing young people to think about the

ability to work independently. Moreover now in Ukraine the concept of

scientific school has somehow ended up almost outlawed, especially

it concerns legal sciences. The role of the state — is a separate issue,

unfortunately, in Ukraine the science hardly exists at the margin.

And also I would like to draw attention to the system of training of

scientific personnels, that needs radical change. I am convinced, it is

necessary to learn the experience of other countries, especially the

U.S., where I was fortunate to learn. In particular, at U.S. universities

training of scientific personnel is carried out on those areas on which

the leading scientists are already working, thus the presence of

scientific school there is a key driver of further development of science.

This is why, for example, Professor of National Security University of

Delaware (USA) M. J. Miller, who has devoted his scientific research

for problems of migration, has not students who would studied the

problem of reforming the justice system in the United States or the

recovery of damages to participants of criminal proceedings through

illegal actions of state authorities.

Moreover, the procedure of normalization and formation of

postgraduate corps is determined not by the administration of the

institution, but by the professors who personally select themselves

postgraduates. Each professor is responsible for the scientific

development of a certain topic, each year the budget is approved

for that, within which the admission of the most clever and creative

graduate students is carried out. Therefore the desire of mediocre

students to overstay in graduate school a few years — there is

impossible. So the hard administrative control, which boast Ukrainian

universities, never resolve the problems because that is not the question

that those who entered — defend their dissertations. The question is in

preserving scientific traditions, the development of scientific schools

and scientific movement to new horizons of knowledge.

Wrong comprehension of this questions has led to legitimation of

provision fixed in the guidelines of HAC, that the theme of the doctoral

thesis cannot repeat the Ph.D. thesis. However, I’m sorry, about what

then continuity in science can we talk when officials prohibit the

author to choose the direction of his research for a lifetime in order

to research gradually selected problem, according to the requests to

the works of candidate and dissertation-level?

Ph.D. thesis is the beginning of a scientific way, and doctoral

thesis should serve the organic extension of Ph.D. thesis. Under such

circumstances it will be possible to talk about integrity, and finally

about the systematic research, and about the continuity of scientific

and personal growth.

I am convinced that the determining role in the preparation of

professional and competent scientist must belong to Scientific leader.

From its competence, pedagogical skills, personal qualities, ability to

motivate and assist in overcoming frustrations on thorny scientific way

depends the quality of the final product — the value of the degree

of scientific expert. Scientific leader, like a father, who taking by the

hand leads through the thorns to the stars, through the stormy world

of science, where are many difficulties, and most importantly — so

hard to believe in your own strength, and so easy to despair of the

possibility of scientific victories. Therefore the Scientific leader, in my

opinion, in this case is unique ordo ordinans — the arranging beginning.

Without going into the philosophical meaning of this concept, which

is proposed by I.H.Fihte, I would like to emphasize the directive sense

of the Scientific leader, the need to increase its responsibility for the

formation of scientific schools.

That’s why I decided to start production of a series of books, in

which the result, quintessential of teamwork of scientific leader and

his disciple, would find its echo. At once I note that in my opinion, it

represents due order, arranging beginning for the young scientist —

his leader. Therefore I will take into account not only that works,

where I actually was officially assigned as scientific leader, but also

those where I directly was the arranging beginning for graduate and

contributed to its establishment as a future scientist.

Together with the head and his student the Specialized Scientific

Council, whose members contribute through their advice to further

inspiration in the improvement of the work, directly participate in the

implementation of the proclaimed concept.

Therefore, a series of “ORDO ORDINANS» — is my scientific position

and concrete contribution to the promotion of systemic conceptual

science in Ukraine, in which the scientific community, which consists

of scientists, young researchers and future researchers as the most

professional, intelligent and knowledgeable layer of Ukrainian

historical nation — represents a single, holistic intellectual continuum,

epistemological community — an elite, that has to establish ways to

the future, the basis of national identity and progressive sustainable

development of our country.

With steadfast faith in the

victorious course of science V.A. Lipkan

INTRODUCTION

Actuality of theme. The development of Ukraine as an independent state is carried out in conditions of forming information society & transformation of information civilization. Conflictual development of the modern world community, coupled with decreasing the efficiency of international institutions, and internal conflictness Ukrainian society from within, caused by the instability of the legal system, form basis for activation of various destructive forces in order to harm the Ukrainian statehood.

This predetermines the necessity of monitoring informational legislation and bringing it to the new socio-economic, political and legal informational realities. National informational legislation reforming is carried out in a dynamic and intensive process informatization of public relations, intensification implementation of informational function of the state, different institutions of the information society. Rapid development of information relations, combined with the implementation of human-centrist concept, made it possible to re-evaluate the role of the Information Society in the further development of civil society in Ukraine.

Research of current Ukrainian legislation & study of international experience of legal regulation public relations in the Information Society development indicate the presence of systemic gaps in the legal regulation of this sphere. The significant barriers to the effective information society development it creates, complete realization of national information interests makes impossible as well as the state information policy. In this direction directly to information society development devoted researches of scientists, in particular: A. A. Grigor, A. M. Yemelyanenko, E. O. Kalashnyuk, G. V. Kamarali, A. V. Kamuz, M. G. Karaschuk, O.G. Kryvokon, V. I. Kusherets, O. A. Maruhovskyj, A. М. Novitsky, O. V. Overchuk, A. A. Proskurina, S. O. Rudenko, A. L. Svyaschuk and others.

Some aspects of information society issues in one way or another studied in scientific works of such domestic scientists as: I. V. Aristova, V. Yu. Baskakov, V. D. Havlovskyj, M. V. Gutsalyuk, M. I. Dimchohlo, V. A. Zaliznyak, V. A. Kir’yan, I. A. Kysarets, V. A. Lipkan, O. V. Loginov, E. A. Makarenko, Y. E. Maksimenko, O. A. Mandzyuk, P. E. Matvienko, G. P. Nesvit, N. B. Novitska, L. I. Rudnik, I. M. Sopilko, K. G. Tatarnikova, A. V. Tunick, K. P. Cherepovskyj, O. V. Chupryna, V. S. Tsimbalyuk, M. Y. Shvets, T. A. Shevtsova, O. V. Shepeta, but concrete proposals to solve researched problem issues in the complex not found its adequate reflection.

A certain attention is paid to the analysis of features and concepts development of information society of such foreign scholars as: O. Bard, D. Bell, Y. Zoderkvist, M. Castells, Y. Masuda, K. May, E. Toffler, F. Webster, and the knowledge society and their legal components offered by P. Drucker, F. Mahlup, T. Stoun’yer and other foreign researchers.

However, the methodology of the formation and development of the state information policy is partly implicit in scientific and educational works of national researchers of administrative and information law & policy, the theory of public administration, in particular: V. B. Aver’yanov, O. F. Andriyko, I. V. Aristova , V. I. Hurkovskyj, S. F. Dzherdzha, R. A. Kalyuzhnyj, B. A. Kormich, O. V. Copan, O. V. Kochanowska, I. Yu. Krehul, G. M. Krasnostup, A. I. Maruschak, N. R. Nyzhnyk, I. M. Sopilko, V. D. Pavlovskyj, O. P. Svitlychnyj, V. Yu. Stepanov and others.

But the problem of the legal principles of the Information Society in Ukraine, study and determination of conceptual basis its development in the context of state information policy has still not become a separate object of holistic research. In the existing works of many authors have been studied only separate institutions of information society or superficially have been investigated some features of its parts; have been explored some directions in the state information policy. Instead, the scientists remained unattended important issues of determination conceptual foundations effective development information society in the context of the information society.

Moreover, is not defined methodological principles of forming information policy neoparadyhm. And therefore the structural and functional features of information policy as information and legal phenomenon is not enough been studied.

Although the present researches have significant scientific and practical importance, but due to their finiteness they cann’t contribute to systematic improve the efficiency legal regulation of social relations in the field of information society development in Ukraine as a holistic system object of research explorations; do not stimulate the state information policy progressive development. So researching not only legal, but also conceptual foundations of the Information Society as a holistic scientific problem & formation of methodological principles of forming the state information policy neoparadyhm are relevant directions of modern researches.

In addition, the problem of methodological substantiation of necessity development the concept informational identity as binding condition of information society development in Ukraine is still unexplored. This greatly complicates the implementation of state information policy, actualizes the problem of giving more precise social orientation, dynamism and efficiency to it.

The main purpose of research, the results of which are described in the monograph,  is to determine the conceptual foundations of information society in Ukraine, through the provision scientifically based proposals for improving the efficiency of legal regulation of information society development in Ukraine, well as substantiation and determination of methodological principles of forming state information policy neoparadyhm in Ukraine.

The purpose caused the formulation and solution of major tasks:

-    to determine the level of scientific researches theme of legal regulation information society development in Ukraine;

-    to submit legal aspects of information society concepts;

-    to formulate the definition of information society and define its main features;

-    to identify the philosophical determinants of information society development;

-    to generalize informational interests as a substrate of information society;

-    to clarify the legal nature of threats in the information society;

-    to formulate definition and distinguish the features of hybrid war as threat to information society development;

-    to offer the theoretical algorithm of model cognition information policy & to determine the constituent elements of algorithm the state information policy;

-    to define the phenomenological bases of state information policy;

-    to formulate the bases of informational gnoseology;

-    to discover the ontological principles of state information policy;

-    to carry out the bases of informational axiology;

-    to determine the status of legal regulation information society development in Ukraine;

-    to summarize the international legal experience of information society development;

-    to suggest the legal model of information society development;

-    to formulate the directions for improvement of information society development in Ukraine;

-    to develop bases of the concept informational identity.

Monograph is one of the first in the state comprehensive research of conceptual foundations information society development in Ukraine as holistic system, combined with methodological bases of formation state information policy neoparadyhm.

Innovative are:

–        offered information society legal model, consisting of: Strategy of information society development in Ukraine, Strategy of information society cybersecurity, e-government strategy, Strategy of telecommunications development;

–        proposal to supplement the system of schools information society theories with legal school, within which according to the comparativistics methodology the methods of legal borrowing, as well as synergistic and interdisciplinary approaches are studied various mechanisms of legal regulation, regulatory role of law, the effectiveness of law impact at public informational relations arising, forming and developing in information society;

–        formulation of theoretical approaches to the legal regulation of information society development: skeptical approach, in which the views on inability to settlement of public informational relations throughof their  too much structuredness and dynamism are expressed; critical approach, based on the analysis of real trends information society development and critical attitude to the absence regulatory framework for the regulation of new social relations; nihilistic approach, which expressed the view concerning the law insolvency in regulating of public informational relations and the inability and inefficiency of law as a regulator of dynamic public information relations; constructive approach, which is proposed to adopt the Informational code of Ukraine, to form the system of legal regulation information relations (in the field of information);

–        to denote the processes digital inequality is proposed to introduce a new definitions to scientific circulation: digital asymmetry — at which increasing the age of humanity is not accompanied by adequate significant increase of individual lifetime, and every generation on the person lies down more growing burden of knowledge which it is not able to learn; informational marginal — a person who are outside of information society, that has lost its informational status as a result of uniqueness of its own socio-cultural situation, during the transition to a global interaction within informational capitalism and the inability to resist the imposition and to adapt to a qualitatively new network architecture of institutional structures of the information society; information intelligentsia — informational educated and informational literate people, ie those who are of enormous arrays of information is able to select only useful, and using it to acquire an information advantage over the other, getting significant levers for establishing control over the informational and other strategic spaces;

–        singling out stages of becoming scientific thought concerning information society, in the information-legal doctrine of independent Ukraine: the first stage (1991—1997 years) is characterized by superficial understanding of sphere informational, which is considered only as part of national security and is not defined as an independent component with appropriate legal toolkit of legal regulation; the second stage (1997—2003 years) is characterized by awareness of the world transformation from industrial to information society and necessity of formation information law as a separate branch; the third stage (2003—2007 years) is characterized by awareness of the necessity of legal regulation information society development, which was adequately reflected through the adoption of the Law of Ukraine „On basic foundations of information society development in Ukraine in 2007―2015 years”. To the third stage is inherent appearance of monographic researches squarely focused on the directly protection of classified information, features of access to the above information and determination basic types of secrets; the fourth stage (2007—2013 years) — is characterized by practical development of formation of information society ideas. This is reflected in the approved the Concept of e-governance development in Ukraine, Information Security Doctrine of Ukraine, Laws of Ukraine „On access to public information”, „On personal data protection” and others. Also at this stage considerably intensified reflection of these issues in the scientific researches of scholars on informational subject; the fifth stage (from 15 May 2013  — till now) — adoption of the Strategy information society development in Ukraine;

–        understanding of the content of informational globalization, which consists in transforming of information society to unified macrosystem, united by modeled on original-system (the founder of information society), in which the information societies are able to co-evolution only within the global information society.

To scientific circulation is introduced new definitions, given their interpretation, and expanded the interpretation such of them: „information society”, „information  potential”, „information  space”, „ informational globalization”, „informational identity”, „informational order”, „information culture”, „information  resources”, „informational sovereignty”, „hybrid war”, „state information policy”, „informational phenomenology”, „information gnosiology”, „information ontology”, „information axiology” etc.

Element of scientific innovation is the algorithm of forming informatsiology paradigm: scientific elite, that creates the informatsiology paradigm: informatsiology, information law, information security; educational elite — translator of informatsiological knowledges: educational disciplines of the informatsiological theme that should be fixed for teaching as compulsory at all higher educational institutions of humanitarian profile; managerial elite —  after acquired knowledge on the second level, on the basis of verification paradigms, which are developed on the first level, should implement it in practical informational activity;

Separately scientific attention is paid to the new interpretation of the term „information interests” as the interests of information society as well as classification of threats to information society.

For the first time is submitted definition of hybrid war as a threat to the information society development in Ukraine.

The algorithm of structure elements of state information policy and theoretical algorithm of model its cognition are proposed.

Innovative is the application of  theory of justice by John Rawls to building model of the state information policy. As a result, been received three basic author’s interpretations theory of justice: 1) everyone has an equal right to implement information rights and freedoms, which is fundamentally similar and compatible with adequate freedom and  interests of other; 2) Any informational value should be available to any individual; 3) informational inequality is valid only when the benefit is generally and compensate losses of most vulnerable society segments, the least developed information societies.

One of the elements of scientific novelty, is the proposal of theoretical  algorithm of model cognition information policy, which should consist of the following elements: 1) informational phenomenology; 2) information gnosiology; 3) information ontology; 4) information axiology.

Separately scientific attention is paid to the formation of informational values as part of implementation concept of  informational identity, also improved basis for moral paradigm of the information society through developing basic principles of information culture.

Another layer of scientific knowledge in the monograph is the concept of informational identity, the core of which is human communications in the framework of new trends of information culture. The primary means preservation of informational identity is dialogue between information societies, also transitiveness and transparency of informational cultures.

Also, the authors are offered actual directions of researching  informational identity as an important basis of  effective information policy production, which include: а) determining the spatial dimension of the struggle for identity: geopolitical, geostrategic, geoinformational, geo-legal etc; b) informational dimension of the struggle for identity; c) informational identity and informational identity policy; d) the impact of new institutes of communications on process of struggle for identity; e) directions of influence of new communication practices on the information reality and its comprehension both conceptual and empirical levels.

Conclusions and proposals, formed in the monograph, are determined directions of improvement of legal regulation information society development and state information policy of Ukraine.


CONCLUSIONS

In the monograph presented theoretical generalization and new decision of scientific task, concerning conceptual foundations of information society development in the context of forming  state information policy neoparadyhm of Ukraine. The authors have formulated a number of conclusions, proposals and recommendations aimed at solving these problems.

1. The level scientific researches theme of legal regulation of information society development in Ukraine is defined. Is offered the algorithm of forming informatsiology paradigm, constituent elements of which are follows: scientific elite, that creates the informatsiology paradigm: informatsiology, information law, information security; educational elite — translator of informatsiological knowledges: educational disciplines of the informatsiological theme that should be fixed for teaching as compulsory at all higher educational institutions of humanitarian profile; managerial elite —  after acquired knowledge on the second level, on the basis of verification paradigms, which are developed on the first level, should implement it in practical informational activity;

2. The legal model of information society is offered. Domination of politological researches leads to emasculation legal component, impairment of information law, but, thanks to it, information society acquires its own consistency that gives it the right to the most effective regulator of social relations. Virtualization of global information space actually creates the conditions for the replacement of information law, that was created in real conditions in the context of realization of state information policy, on standards of behavior on the Internet, that are based largely due to the new cyberculture and is essentially a social-informational, deontological, but not legal. Is argued the necessity of preparation not only the foundations of the state information policy, but also the formation of a system legal regulation of information relations in the sphere of information society development.

3. The definition of information society is formulated and its main features are defined. In the narrow sense: information society — society, where the production, consumption and distribution of information based on the use of information resources as a factor of increasing the efficiency of social production. In a broad sense information society — component of civil society, that functions into a single information and communication space, which is dominated by new technological modes, that are based on the massive use of promising informational technologies, computer technologies and telecommunications; created qualitatively new developed market of knowledge and information as the determining factors of production, characterized by formation of conditions for transformation of informational resources of society into real resources of socio-economic development, and the actual fulfilling needs of society in information products and services; cardinally increases the role of information and communication infrastructure; condition for successful formation of personality is becoming information literacy, increases the level of education, scientific, technological and informational development at the expense of radical empowerment of information exchange on their interpenetration into one another, enhance the role of qualifications, professionalism, ability for creative processing of information as the most important characteristics of labor services; is created the system of state guarantees, primarily legal, and security, the implementation of information rights and freedoms, including the rights to safe free access, dissemination and use of information.

4. It was found philosophical determinants of information society development and determined, that information society — is the coexistence of two worlds: usual physical and virtual, created by person, which exists in simulated computer environment. It is emphasized that virtual reality gets features of special social phenomenon and carries out a significant impact on the physical world, becomes a special socio-cultural mechanism that has self-organization features.

The matrix of informational reality in information society development is determined. It consists of: 1) initial fundamental essences that define organizational fundamental principle of material substance in the universe and on Earth (fundamental physical laws of nature, information codes atoms, molecules and their parts, programs of self regulation of lifeless nature etc.); 2) secondary informational essences that arise as a result of self regulation of nature (genetic programs (the genome) that determine the self-organization of living organisms, biological species, communications that determine the functioning of biological communities, ecosystems); 3) informational essences that are the result of wildlife development (information code of the human brain, nervous feeling of living organisms, the intellect  of human and of the higher animals, the public essences etc.; 4) informational products of intellect and society (emotions of language, motivation, knowledge, images, plans, technologies, skills and ability to do the job, social values and laws, regulations, etc.); 5) secondary informational products of intellect and society (genetic information from biological species created by person, informational products, created with using computer programs and well organized artificial systems etc.); 6) products of self-organizing systems activity.

Informational interests as a substrate of information society are generalized. Under informational interests is proposed to understand: the result of awareness of the value of informational needs, informed choice of informational values due to the ideal of the state with highly developed information society, in its purpose and idea of the progressive development of the information society and provide the conditions and means of satisfying their safe and stable implementation as part of this society while preserving the leading role of the state in this process. Position concerning the need to develop a new class of society ― informational intelligentsia, that has become producer of informational ideology, is proved. The main  tasks of it are singled out. Position, that the future prosperity of the state is directly related to its controllability of information society development processes, is summarized. It was determined that the formation of information society in Ukraine aims to facilitate the transformation of our country to informational, improve governance in order to further development and implementation of national state-human centrist ideology, raising the level of realization of information rights and freedoms human and citizen, and not replacement of state apparatus and mechanism of national legal regulation, its disparageby offering instead “effective” supranational governance structure and massive packs of implementing legislation, which doesn’t take into account in national interests and needs of the Ukrainian community and development information space.

5. The algorithm of structure elements of state information policy is proposed: 1) detection and awareness of informational needs; 2) formation system of informational interests on the basis of conscious informational needs; 3) classification of informational interests; 4) evaluating forces, opportunities and resources of the country for implementation of informational interests; 5) identifying of informational interests of other countries and their comparison with informational interests of Ukraine in order to establish  confrontational  and compromise interests; 6) Calculation of confrontation level of interests, strategic risk model for the implementation informational interests, identify the degree of influence and balance of forces, that are behind these interests; 7) resulting from the implementation above mentioned stages, a circle of interest that may actually be provided for the implementation at this stage of historical development of the information society, is formed; 8) the final stage is formation of state informational policy, which defines the purpose of realization informational interests relates specific objectives, given the available resources and possible alignment of forces that can be generated as a result of performing certain tasks.

6. Legal nature of threats in the information society is defined. Been determined that the formation of reliable mechanisms and establishing control over development of the information society ― no alternative way to conservation institute of the state and all institutional component and ensure the protection of legal interests, rights and freedoms human and citizen. Classification of approaches to the concept of threats to the information society is accomplished, classification of threats to information society is given and  sources of their formation are identified.

7. Hybrid war as threat to information society development is determined. Is offered the definition of hybrid war as purposeful process of establishing external control over the alpha subject over the object management, establishing total control over the area of governance, in which the crucial role played by information means.

8. Is defined the proposal of theoretical  algorithm of model cognition information policy, which should consist of the following elements: 1) informational phenomenology; 2) information gnosiology; 3) information ontology; 4) information axiology.

9. Is determined phenomenological principles of state information policy: information phenomena are components of information policy, scopes of information activities, scopes of information society, areas outlined above triad, other information categories. So one of the important scientific problems is its research using phenomenological method. In Ukraine, on this class issues is extrapolated negative trend of validity of the research questions of informational phenomenology, so the views set out in this monograph, is life-giving impetus to begin discussion concerning application of this method in the research of the state information policy. Change of representations of information policy and its purpose, ways, methods and means of realization in conditions of development hypertrophied and uncontrolled implementation of information globalization in almost all areas of life, into a modern state building practice of sovereign states, as well as forming the cyber communication continuum is largely determined by the release to new worldview horizons, to another ― cyber mentality, digital understanding of the world and outlook not only informational, but also everyday reality and a new understanding of person itself, primarily, as homo informaticus, according to anthropological principles and introducing the concept of human-centrism to practice information policy.

10. The bases of informational gnosiology are formulated. The leading idea of information gnosiology is cognitive attitude to the current information policy, an attempt to theoretical (philosophical and legal, scientific) understanding its objective legal nature, clarifying its role and purpose, approaching to comprehension its truth and legal means of regulation. This way of knowing, as convincingly demonstrated studies of Ukrainian scientists, leading to the initial gnoseological scheme in the field of theoretical understanding and study of law. is determined bases of conditionality appeal to the topic of forming informational gnoseology, separately demonstrated the application of methodology systematic, activity and praxeological approaches to the study of the state information policy phenomenon. For the first time the theory of justice John Rawls to the formation legal bases of state information policy is applied.

11. Ontological foundations of state information policy are discovered. In the context of modern informational creation informational ontology serves as teaching of state information policy in distinguishing it from non-government policy, ie policy, engaged in private institutions of different levels. Within the framework informational ontology is advisable to abandon both the rationalistic attempts to idealization of the state information policy through its binding unilaterally and unconditionally with any „abstract” idea (informational freedom, informational justice,  informational compromise, informational symmetry,  informational balance, reasonable balance interests of individuals, society and the state, transnational corporations, etc), and from the reductionist approach, in which the state information policy is determined only as a policy, developed by the state, is held by the state and actually made only for the state and for the benefit and realization only state interests.

12. The bases of informational axiology are carried out. It is proved that modern methodological crisis in the formation of the conceptual bases of state information policy has its axiological roots. Absence of national values system formedness, including informational, defragmentation of holistic methodology and leveling of deontological foundations modern training professionals, especially in the field of information policy, informational acmeology and information & communication technologies, high and nanotechnologies, specialists in e-future, etc — are the result of global informatization and promotion of consumer mode of life dominance. Mental and ideological degradation both in means of implementing the state information policy and methodology of its research has become the echo of methodological crisis researches in information sphere. Insufficient elaborating of these issues may lead to spontaneous, uncontrolled development of the information society and the creation of new classes of threats to the interests of individuals, society and the state, inability of state information policy to form a reliable legal mechanisms to guarantee informational rights and interests.

One of the successful conditions for exit from this crisis is to appeal of the scientific attention to theoretical issues of forming  methodology, inside which should be considered the components such as axiology, praxeology, gnoseology, ontology and epistemology. This system is able to give new impetus to theoretical works of information law and contribute not only to improve of toolkit the cognition of objective reality, but also generate concrete proposals for implementing the state information policy.

Is summarized about the necessity of reorganization with further restructuring and modernization all components of the state information policy on the basis of system combination the informational axiology, informational gnoseology and informational methodology, informational phenomenology.

13. Is ascertained that the criterion of state information policy should be  national informational interests, which are those values (form), that determine the content of existence of the Ukrainian nation and the state. In exercising selection, evaluation of certain events, the subject of management clearly defines the system and the hierarchy of values, that makes prioritization process, because the priority of national informational interests in its unity form those values, that at this historical stage of development the state prefers to most effectively implement, and the state information policy is important element of this process.

Information axiology enables not only to identify certain values, but also  to determine directly the mechanism of formation prioritization and hierarchy informational interests. Due to the application of scientific methodology this mechanism will take signs of uniformity, that will help to form the priority informational interests on a single methodological basis and will lay the foundation of the whole system renovation of information legislation and bring it into logical conformity with needs of Ukrainian society. Information axiology enables to define clear criteria for the formation of values, and thus lays the foundation for the construction objectively effective system of legislation in this area.

14. Is proposed to consider state information policy in three dimensions (on informational axiology based): 1) normative policy ― the ideas, principles, methods of realization of state information policy is clearly defined in the current information legislation of Ukraine; 2) real policy ― state information policy, how it is implemented in real life; 3) ideal politics ― reference model of state information policy, based on information axiology.

The definition of state information policy is determined in accordance with the axiological approach  — is the activity of authorized bodies state power and administration, civil society institutions, that defines the objectives, functions, principles, priorities, based on the values of the Ukrainian nation, information policy, methods and tools to support them.

15. The condition of legal regulation information society development in Ukraine is determined. Actual approach, which  textually presented  in legislative acts concerning the formal description of threats, is incorrect, because the definitions, that describe the information society should be explored in mutual communication, should be taken into account their impact on each other and studied due to their systemic impact owing to their operationalization.

Textually legislation presented mainly the acts setting out foundations of information society, but does not regulate the specific issues, related to the separate institutions of the information society development: e-government, e-medicine, e-education, e-commerce, e-science, e-culture, etc. First attempts to solve these problems are conducted in Strategy information society development, but our analysis of this document provisions, makes it possible to argue about the necessity of quality improvement of this document.

Our investigation of the existing legal regulation information society development in Ukraine, and normative legal acts that indirectly impact on this process enables to conclude: large amount of logical and methodological errors makes it impossible effectiveness of legal regulation of information society development, simultaneously envisages the opportunity of just selective state influence on the legal tactical and strategic measures level. Thus every national initiative does not have accurate borders and responsibility areas, the measures provided for, or often duplicate each other within the various initiatives, or contradict each other.

16. International legal experience of information society development is generalized. Four models of information society management is allocated: western management model of information society (american-english and european modelsis attributed to this model); asian management model of information society (countries in Asia&Pacific region); indian management model of information society та african management model of information society.

Analysis of the experience such countries as: Finland, Kingdom of Belgium, Denmark, Netherlands, Sweden, France, UK, Germany, Canada, USA, China, South Korea, Singapore, Japan and Lithuania, Hungary, Czech Republic and Poland made it possible to offer the following perspective directions of information society development in Ukraine: development of predictive and indicative models of information society development  in Ukraine, taking into account diversity and many alternativeness ways of development, based on the theory of dynamical systems, systems analysis and synergy; organization of inter-agency digital cooperation in information society  development for implementation the principle of „single window”; modernization of public services: active promotion of policy of training officials in the field of ICT for optimal organization of work and modernization of methods; taking into account the knowledge of information and communication technologies during the hiring for civil service; appropriate modernization of national networks; permanent monitoring of users’ needs by creating  consulting centers throughout the country, built on the principle of online forums, adaptation and simplification of administrative services in the context of further implementation of e-governance concept; implementation of integrated system „Electronic Government” and realization of experience gained during the implementation of pilot projects in the field of e-governance, in particular such as: „Electronic Ministry”, „Electronic region”, „Electronic City”, „Electronic Village”; encouragement the formation of network etiquette, formation the Code and deontological foundations of information society development; cardinal qualitative development of legal regulation of information society; rationalization of state funding in information society development; innovative development of ICT and implementation of e-administration projects.

17. Critical analysis of the Strategy information society development is done and information society legal model is offered, consisting of: Strategy of information society development in Ukraine, Strategy of information society cybersecurity, e-government strategy, Strategy of telecommunications development.

18. Directions for improvement of information society development in Ukraine is formulated. Two main approaches to formation directions of state information policy for information society development is allocated: 1) conservative — according to which information society development occurs based on existing models of development, that it already passed western societies; 2) revolutionary — Ukraine should find its own model of information society development, based on its own national informational interests, while keeping its own traditions of informatsiological science development, cultural and national identity. We exactly stand for the second position, because ethno-national identity as an attribute of Ukrainian historical state for conditions of its activation, but not constant oppression and informational suppression, should be transformed into viable source of civil political identity „european”.

19. Theoretical model of informational identity is suggested. It is the highest form of philosophical and anthropological representation of information and legal knowledgethat provides an idealized idea of essence epistemological content, purposeful development of informational civilization allows to explain and to predict, to understand the past and to provide the course, consistency and trends of its development. Informational identity serves as peculiar informational conservation, that correlates to informational symmetry. From the standpoint of symmetry, which in this case of reconstruction may be considered as method of structural researches, informational  identity may be viewed as special kind of unity of preservation and change.

Ukrainian informational identity, in addition, should have also mentality of global civilization ― its correlation with the modern information age, informational values, nformational diversity of the world. The importance of this relation is in need of inclusion ukrainian informational space into global processes of informational  globalization, into the system of mutually beneficial international informational relations.

Informational identity — identification oneself as part of the information society, its symbols, informational values, history, geoinformational space, information culture, state and legal institutions, informational interests. Moreover it comes to the adoption of this identity not only on strictly rational level as a necessary attribute of information society, but also on the emotional, semantic and mythological levels.

Cognitive potential of “identity informational” concept provides an opportunity to separate expressly the different angles of scientific analysis, case studies of informational transformational changes, theoretical generalizations, philosophical reflection – make up the multidimensional and multivariate panorama of basic modern trends of informational development.

Also, the authors are offered actual directions of researching  informational identity as an important basis of  effective information policy production, which include: а) determining the spatial dimension of the struggle for identity: geopolitical, geostrategic, geoinformational, geo-legal etc; b) informational dimension of the struggle for identity; c) informational identity and informational identity policy; d) the impact of new institutes of communications on process of struggle for identity; e) directions of influence of new communication practices on the infor mmation reality and its comprehension both conceptual and empirical levels.

Under the informational identity  also  may be understood a certain sustainability of individual, cultural, national or civilizational settings of their self-identity in the information sector. The core of informational identity is human communications in the framework of new trends of information culture. The primary means preservation of informational identity is dialogue between information societies, also transitiveness and transparency of informational cultures. Pluralization of identities leads to discursive accumulation of concepts „identities”, while, in our opinion, is an echo of scientific pluralism and prompts it to further scientific studies.

Distinctive condition for the formation informational identity is positive perception by citizens of information society,  processesof informatization, information democracy, e-governance concept, e-education, e-culture, e-medicine, etc., the recognition of effective informational interaction of state institutions and civil society, the perception as positive of informational globalization.

Operationalization of the informational identity concept should be reflected in the improvement of the national information legislation.

 

CONTENTS

 

Preface..

Acronyms. 5

CONTENTS.. 8

introduction.. 10

part 1.  Theoretical Foundations information society development in Ukraine

1.1 level of scientific researches theme of monography.. 28

1.2 legal aspects of information society concepts 57

1.3 definition of information society and its main features. 70

CONCLUSIONS TO FIRST PART.. 88

part 2. philosophical AND LEGAL DIMENSION of information society development in Ukraine 95

2.1 philosophical determinants of information society development. 95

2.2 informational interests as a substrate of information society 101

2.3 legal nature of threats in the information society.. 121

2.4 hybrid war as threat to information society development. 137

CONCLUSIONS TO SECOND PART.. 143

part 3.  methodological principles of forming the state information policy NEOPARADYHM… 149

3.1 informational phenomenology.. 154

3.2 information gnoseology.. 168

3.2.1 Conditionality of necessity separate research information gnoseology. 168

3.2.2 Concept & content of methodology and method. 171

3.2.3 Classification of methods. 174

3.2.4 Systematic approach. 177

3.2.5 Activity approach 186

3.2.6 Praxeological approach. 190

3.2.7 Theory of justice John Rawls. 194

3.2.8 Conclusions to methodology. 201

3.3 information ontology 202

3.4 informational axiology.. 221

3.4.1 Substantiation actuality of appealing to the informational axiology. 221

3.4.2 Level of scientific researches of theme in scientific works. 223

3.4.3 Foundations of formation informational axiology. 225

3.4.3.1 Concept of axiology. 230

3.4.3.2 Concept of values. 234

3.4.3.3 Ratio of human and national values. 238

3.4.3.4 Informational values. 240

3.4.4 Information society as a value. 242

3.4.5 Informational rights as the highest social value. 246

3.4.6 Conclusions to informational axiology. 250

CONCLUSIONS TO THIRD PART

part 4. legal regulation information society development in Ukraine 260

4.1 condition of legal regulation information society development in Ukraine 260

UN GA Resolutions. 268

Reports and notes the UN Secretary General. 273

Reports of ICT Task Force. 274

Additional documents. 280

— laws of Ukraine. 296

— decrees of parliament 313

— acts of the President of Ukraine. 315

— acts of Cabinet of Ministers. 320

— acts of judiciary bodies. 331

— acts of bodies of executive power 331

4.2 place and role of information society development in modern state informational policy of ukraine

CONCLUSIONS TO FOURTH PART.. 347

part 5. Directions for improvement of information society development in Ukraine.. 355

5.1. International legal experience of information society development. 355

5.1.1 Informational policy of Finland. 358

5.1.2 Informational policy of Kingdom of Belgium, Denmark, Netherlands. 362

5.1.3 Informational policy of Sweden. 363

5.1.4 Informational policy of France. 370

5.1.5 Informational policy of UK.. 371

5.1.6 Informational policy of Germany. 374

5.1.7 Informational policy of Canada. 376

5.1.8 Informational policy of USA.. 384

5.1.9 Informational policy of China. 393

5.1.10 Informational policy of South Korea. 398

5.1.11 Informational policy of Singapore. 400

5.1.12 Informational policy of Japan. 401

5.1.13 Informational policy of Lithuania, Hungary, Czech Republic. 410

5.1.14 Informational policy of Poland. 412

5.2 Strategy information society development in ukraine. 423

5.3 informational identity — basic principle of information society development in ukraine. 455

5.3.1 The concept of identity and its operationalization in the development of the information society. 459

5.3.2 Origins of informational identity. 467

5.2.2.1 Types of informational identity: public, social, personal 468

5.2.2.2 Homo informaticus. 474

5.2.2.3. Values and ideology. 482

5.2.2.5. Informational identity – consolidating factor 484

5.3.3 Factors that inhibit the formation of informational identity. 489

5.3.4 Methodology of research informational identity. 496

5.3.5 Concept of informational identity. 497

5.3.6 Problem-forming matrix formation of informational identity concept 498

5.3.7 Principles of informational identity. 501

5.3.8 The legal approach to understanding of informational identity. 504

Conclusions to informational identity. 510

CONCLUSIONS TO FIFTH PART.. 516

CONCLUSIONS. 525

tezaurus. 549

used litErature.. 615

ANNEXES. 657

ANNEXE А.. 657

Structural and functional analysis of substantive elements civil and information society 657

ANNEXE Б.. 659

comparative table of legislatively defined informational interests. 659

ANNEXE В.. 660

threats in the information society.. 660

According to the spheres of the information society. 660

According to sources of origin. 663

According to the repeatability of committing. 664

According to the degree of hypothetical damage. 664

According to the areas of origin. 664

According to the probability of implementation. 665

According to the level of determinism.. 665

According to the specific meaning. 666

According to the structure of influence. 666

According to the nature of implementation. 667

According to the attitude to them.. 667

According to the level of legal fixation. 668

ANNEXE Г.1. 669

ANNEXE Д.1. 671

RESULTS OF ANALYSIS THE LAW OF UKRAINE „ON BASIC PRINCIPLES OF INFORMATION SOCIETY IN UKRAINE for years 2007-2015”. 671

ANNEXE  Д.2. 677

MAIN STRATEGIC GOALS OF INFORMATION SOCIETY development IN UKRAINE.. 677

ANNEXE  Д.3. 679

COMPARATIVE TABLE OF DIRECTIONS INFORMATION SOCIETY development. 679

ANNEXE  Е.. 681

DIRECTIONS OF ensuring the information security of UKRAINE 681

ANNEXE  Є.. 684

« JAPAN STRATEGY in sphere of informational and communication technologies». 684

useful bibliography.. 709

researches of V. Lipkan scientific school on informational TOPICS

. 709