Generolo Jono Žemaičio Lietuvos karo akademija

The essence of administrative and legal regulation of the activities of the subjects of the national cybersecurity system of Ukraine has been established, which consists in building an effective system for ensuring cybersecurity and requires from the state bodies of Ukraine a clear legal definition of the principles of state policy in this area and an advanced response to dynamic changes taking place in the world in the field of cybersecurity. The classifier of threats to the security of information resources has been improved, which, in contrast to the existing ones, is based on a synergetic model of threats, which allows to classify threats by security components, types of services, and hierarchy levels of the infrastructure of automated systems, to assess the synergy and hybridity of threats to information security, cybersecurity, information security, and the likelihood of their impact on the security of information resources. It has been proved that the choice of specific means and ways of ensuring the cybersecurity of Ukraine is conditioned by the need to take timely measures adequate to the nature and scale of real and potential cybernetic threats to the vital interests of a person and citizen, society and the state. The purpose of the cybersecurity system of Ukraine has been clarified. The task of the cybersecurity system is to create the necessary conditions in cyberspace, under which it is possible to achieve national goals and realize the interests, tasks, and goals of its elements.

The article solves the current scientific problem of substantiation of theoretical and methodological bases of forecasting the regional aspect of ensuring economic security of the national economy and the development of conceptual guidelines and practical recommendations for improving management processes. The impact of threats on the economic security of the regions was determined. The use of cluster analysis tools allowed to determine the impact of socio-economic development factors on the economic security of the regions. It was established that the economic security of the “Higher”regional cluster is affected by such threats as the loss of sales markets, reduction of protection and rational use of natural resources, the level of control over corruption, political stability and the absence of violence/terrorism. The economic security of the “Average”regional cluster is affected by declining political stability and the absence of violence/terrorism, protection and rational use of natural resources, loss of sales markets, reduction of human development level, efficiency of state power, supremacy of the law. The economic security of the “Lower”regional cluster is affected by the loss of sales markets, declining human development level, control over corruption, efficiency of state authority, political stability and the absence of violence/terrorism, protection and rational use of natural resources. It is recommended to develop the Strategy of economic development of regions on the basis of the world experience for the purpose of ensuring economic security of national economy of the country.

It has been determined that legalization (laundering) of proceeds from crime as a criminal offense is committed by individuals and legal entities using a criminal (corruption) mechanism for granting the status of legal origin to assets (funds, real estate, securities) knowingly acquired by criminal means, in order to conceal predicate offense and the acquisition of legal grounds for possession, use and disposal of these assets. According to the Association Agreement between Ukraine and the European Union, combating these crimes is recognized as an element of security policy, which determines the feasibility of further appropriate changes to existing legislation and the need to improve the organization and methodology of investigation of these crimes. The assessment of the impact of offshore zones on the indicators of financial security of Ukraine based on the construction of an econometric regression model has been carried out. In accordance with the obtained results, recommendations on deoffshorization as an effective tool for ensuring the financial security of Ukraine have been provided. It has been stressed that international cooperation in the field of criminal justice should become an effective process and, having got rid of cumbersome and lengthy formal procedures, be transformed into an operational process of interaction between authorized persons. Operational cooperation between law enforcement agencies of Ukraine and EU countries, which is provided for in the Association Agreement, is complicated by the factor of inadequate communication due to the fact that law enforcement officers do not speak foreign languages and need training (both professional and language training).

Integration of the foreign trade sector of the national economy at the practical level is a reform of the bilateral trade regime through the liberalization of customs-tariff and non-tariff regulation, unification of the conditions for the international movement of production factors (investments, labor), and internal regulations that have an indirect impact on the development of foreign trade relations in order to eliminate economic barriers and the creation of a single market space between the parties to the integration association. Customs regulation of the foreign trade sector plays a key role in the national security system. At the present stage, this type of integration takes the form of concluding bilateral agreements on a deep and comprehensive free trade zone, which apply, inter alia, to environmental standards, government procurement, trade aspects of intellectual property rights, and the like. Based on the analysis, it is proved that the general structure of export supplies from Ukraine to the EU continues to be of a raw material nature: 52.8% of their value are agricultural raw materials, mineral resources, and primary processing products. The most adequate expansion of a deep and comprehensive free trade zone for modern realities is the vision of the role of the state as a systemic regulator, which, on the one hand, does not resort to the policy of isolationism, and on the other hand, acts as an active participant in the processes of international economic integration and entry into the most developed markets of the countries of the world, helping to increase the level of competitiveness of the foreign trade sector of the national economy.

It has been proven that administrative liability for violation of customs rules is one of the most effective means of ensuring law and order in the customs affairs and customs policy of Ukraine, and contributes to strengthening the customs security of the country. It has been established that at the present stage the customs system of Ukraine is at the stage of stagnation, characterized by the existence of a large number of objective and subjective problems that must be solved by joint efforts of government officials in various fields through large-scale effective reform of customs authorities. The statistical analysis of smuggling in Ukraine for 2013-2018 has been carried out. The directions of coping with smuggling patterns has been proposed. In the context of European integration of Ukraine, the solution to this complex problem is seen through the study of the successful experience of representative European states as regards building and operation of customs systems, which are based on the use of European customs principles and operate effectively at European and international levels. The system of risk management and analysis operates on the basis of built-in analytical tools, which are used by customs authorities to develop and implement a full range of control measures for high-risk goods. This allows identifying fiscal and nonfiscal risks ensuring the implementation of the principle of selectivity. Such approach to customs control maintains an optimal balance between facilitating foreign trade and ensuring the financial security of the state, reducing the time of customs clearance and shifting the emphasis to customs control after the release of goods for free circulation. Development and implementation of new software products will allow improving the electronic declaration system, making the most of its capabilities. The fight against customs offenses of an economic nature, the main purpose of which is to import goods into the country with evasion of customs duties, can be effective and efficient only if it is conducted by measures of an economic nature.

It has been proven that foreign direct investment is an effective means of influencing the economic security of each country. Sectoral priorities of foreign investment can be divided into three groups: services sector, food industry and oil and gas sector. Capital investment in the services sector was determined by factors in the development of information and telecommunication technologies, internationalization of services and the implementation of liberalization policies by countries receiving direct foreign investments. The interest in attracting foreign investments in the above sector was shown by developed and developing countries. The oil and gas sector of Africa and North America has been an attractive investment object for international companies in West Asia. The increase in the number of M&A agreement in the food industry has been observed in developed and developing countries and was conditioned by the interest of international companies in reducing production costs and expanding the source of revenue at the expense of growing market demand. The necessity to introduce a mechanism for management of corporate rights in the system of national security has been substantiated. The corporate rights and responsibilities of participants in corporate legal entities established in EU member states are the subject of harmonization of EU legislation in the area of company law only to the extent necessary to ensure an equivalent degree of protection of their interests within the Community, to create a favorable environment for the conclusion of cross-border agreements and the effective functioning of the domestic market.

Information technology is already widely used in inheritance legal relations. The most typical examples of their application are the preparation of a will with the use of technical means, the fixing of a will certificate with the help of technical means, a notary’s appeal to electronic registers in the process of searching for a property, and maintaining the inheritance register. However, it can be stated that the existing technologies are not sufficiently involved in the relations on the compilation, certification, and implementation of the will, which is explained by the tough mandatory regime established for the form of the will. The implementation of the electronic will institution and the expansion of the secret will regime are promising areas of scientific and legislative work in this area. Given the civil law nature of both the rights to individual IT objects and the obligations, which arise from such objects, the issues of inheritance of such objects should remain within the general permissive legal regime. The user should be able to independently decide the fate of their own assets in a virtual environment. Increasing the economic and social value of such assets makes it impossible to find them outside the legal field and therefore should establish a legal regime for their inheritance. It is these factors that affect the national security of countries.

The methodological foundations of the formation of analytical support for public administration of cybersecurity have been improved. Based on a combination of hierarchical and non-hierarchical clustering methods using the IBM SPSS Statistics package, the country’s regions have been grouped into four clusters, which is the basis for adjusting the priorities of the state cybersecurity policy, a well-grounded approach when choosing means and instruments of influence at the regional level. In modern doctrine and practice of international law, the issues of qualification of cyber warfare remain controversial. There are approaches to justify the application of international humanitarian and criminal law. The most justified, in our opinion, is the qualification of cyber warfare as a violation of the UNO Charter and the use of force, and in some cases – the crime of aggression. The substantive rules of the institution of international cooperation in the fight against cybercrime determine the special principles of this kind of cooperation, the criminalization of certain types of illegal acts, as well as institutional mechanisms and capacity building. The system of international combating cybercrime is based on the principles of technical neutrality, multi-stakeholderism (public-private partnerships), as well as the equivalence of human rights online and offline. In the future, cybercrime will be associated with the use of innovative technologies. As it has been established by the example of the Internet of things, the latest technology, as a general rule, is included in the scope of existing international agreements on cybercrime, but there is no special regulation for them. We propose formal consolidation of the provision on “emergent technologies” in the texts of international legal acts in the field of combating cybercrime. First of all, this concerns the future UNO Convention on the fight against cybercrime, which should also provide for an additional body, such as the T-CY Committee under the Council of Europe Convention, which will provide clarification on the application of the agreement in specific changed circumstances.

By specifying the components of the investment environment as a national safety factor that is a result of the impact of two elements – investment potential and investment risks; we generated the list of components of the investment environment of national economies, which give complex characteristics of its social, economical, and institutional factors; and held a complex analysis of investment environment of 93 countries under the condition of global development that made it possible to identify the groups of the most attractive, attractive, mid-attractive, relatively attractive and unattractive countries upon the investment environment factors. The study made it possible to build an authorial ranking of the world countries’ investment environment, determined through the use of the human development integral index calculation methodology, adapted to investment activity. The hierarchy of the world countries was built upon the investment environment, in which Switzerland, Denmark, and Sweden are the leaders, while Mozambique, Mali, and Cameroon took the positions of the outsiders. The held study made it possible not only to carry out an analysis of asymmetric development of the world investment environment but also form the components of establishing an investment environment of the country, divide the countries into clusters upon the level of its development, mark factor loading, and offer the authorial ranking of the investment environment attractiveness. It was identified that developed countries also use state investment orders. The key role of the state in investment processes based on the example of the Japanese model requires a new, unprejudiced bureaucracy with an excellent reputation and uncompromising attitude to any manifestation of corruption.

The nature study of customs regulation in modern conditions has lead to the need for theoretical bases and practical recommendations for the implementation of an effective mechanism of the state economic security, because in the context of improving the challenges of globalization, characterized by a simultaneous increase of scales and expansion of geography of international trade and labor migration, openness of national economies, revitalize the integration processes, there is an increased influence on the economic system of the state and society threats in the external environment. The concept of “customs security” is defined at the doctrinal level by covering the scientific approaches to its interpretation, as well as its interpretation at the level of the current Ukrainian legislation. Particular attention is paid to the issues of codification of EU customs legislation. The legal status of The World Customs Organization (WCO) as an independent intergovernmental body and priority areas of activity under the Strategic Plan for the period 2019-2022 have been determined. Despite the implementation of further steps to harmonize Ukrainian customs law with the European, the creation of favorable business conditions for the subjects of foreign economic activity (FEA) justified the expediency of developing a concept of ensuring economic security in the sphere of FEA on the bases of balancing economic interests, which is based on the search for a compromise between the measures of control of revenue and fees to ensure economic security in the sphere of FEA and providing business simplifications taking into account the economic interests.