“Law”, 1st year
Kyiv National Economic University named after Vadym Hetman
Supervisor – Senior Lecturer, Burlii Valentyna Volodymyrivna.
Legal aspects of transition to a digital state in post-war Ukraine
The transition of Ukraine to a digital state involves the implementation of digital technologies and electronic services in the activities of the government, public bodies, businesses, and citizens.
This process cannot be realized without ensuring legal regulation towards the use of digital technologies, protecting the rights and freedoms of citizens, as well as ensuring data protection. An important direction of legal reform in the field of forming a digital state is its institutional component.
The understanding that the changing institutions of the state are key to understanding the institutional component of legal reform in the field of digitalization of the state is a significant element of understanding its nature .
These days, the Law of Ukraine “On the Protection of Personal Data” is in force, and according to Article 188-39 of the Code of Ukraine on Administrative Offences, responsibility is provided for improper protection of personal data. However, as judicial practice shows, this article mostly applies to the illegal transfer of personal data.
The legislation not only lacks definitions of the terms “protection of personal data” and “procedure for protection of personal data”, but also any requirements for the criteria that such protection should meet, which is also a significant problem.
First and foremost, this concerns aspects related to ensuring cybersecurity of state information systems. Secondly, the development and implementation of rules for technical protection, cryptography, backup, and all these measures are aimed at ensuring cybersecurity in the digital environment.
Cybersecurity should apply preventive measures to prevent data loss from state information systems. This issue is particularly relevant during wartime, when the aggressor tries to obtain data on the provision of troops and personal data of military personnel through constant cyber-attacks in order to put pressure on their families.
It is necessary to ensure the creation of new secure storage systems for information that will belong to Ukraine and will be under state control, as today we rent some servers for the functioning of state services, which cannot guarantee data protection for citizens and businesses.
As for transition of Ukraine to a digital state, it is necessary to continue developing and implementing legislation regarding e-governance, e-document management, automated services, and digital interaction between government agencies and citizens. T
his is of great importance in the context of rebuilding, as it simplifies the provision of government services for registering as a private entrepreneur and obtaining or renewing necessary documents.
Regarding the prospects of e-governance implementation in Ukraine, it should be noted that some elements of e-governance are already functioning.
However, it is worth noting that the implementation of e-governance is a large-scale and long-term project. The creation of the state’s information network infrastructure should be accompanied by “reengineering” (i.e., information restructuring) of the entire system of management processes, which actually means overcoming stereotypes of bureaucratic culture .
Regulating virtual assets is equally important for the state and its people, as it provides protection to investors. Electronic assets such as cryptocurrencies, tokens, and other digital assets can be highly volatile and vulnerable to fraud, manipulation, and other harmful activities.
Regulations can establish rules and standards which are to be crucial tools to protect investors, ensure transparency in markets, regulate the activities of exchanges and trading platforms, and ensure consumer rights are respected.
Additionally, this can help prevent the use of electronic assets for criminal activities. Virtual assets can be used for illegal activities such as money laundering, terrorism financing, drug trafficking, and other criminal activities due to their anonymity and transaction speed. Regulation can establish rules and control mechanisms to prevent the use of electronic assets for criminal purposes, which will help maintain the stability of the financial system.
Therefore, electronic assets can have a positive impact on the financial system, especially when widely used and adopted in the economy. Legal regulation can establish rules regarding capital, as many electronic assets can be linked to real assets or currencies, and their use affects liquidity and credit risks.
Regulation can establish rules regarding the issuance, circulation, storage, and use of such electronic assets to ensure the stability of the financial system. Ultimately, this will ensure consumer rights are protected, including the right to data protection and security.
Electronic assets may have complex technical aspects that require users to have high technical proficiency. Therefore, regulation may establish rules regarding information transparency, personal data protection, security standards, and other conditions that relate to consumer rights.
This will promote innovation by providing a stable and transparent legal basis for the development of new financial products and services. Adequate regulation can also foster trust in electronic assets, providing legal certainty and encouraging more companies and investors to enter this market.
Unfortunately, today the Law of Ukraine “On Virtual Assets” has been vetoed by the President of Ukraine due to the inexpediency of creating a new body and proposed to refer this issue to the National Securities and Stock Market Commission.
However, in my opinion, its expediency is obvious, as it will be a powerful reinforcement for the Ukrainian economy to stabilize it in critical moments during war and post-war reconstruction.
These legal aspects are important for the successful transition of Ukraine to a digital state. They should ensure openness, accessibility, protection of citizens’ rights, digital security of state bodies, and protection against cyber threats, regulate the use of electronic digital signatures and electronic identification, ensure digital literacy of the population, and access to digital technologies for all citizens.
The transition of Ukraine to a digital state is a complex task that requires harmonization of legislation with international standards, development of new regulatory acts, and effective implementation of legislative changes.
The regulatory framework will enable the development of digital technologies, protection of citizens’ rights and state interests, and will also promote the effective functioning of a digital state in Ukraine, which will contribute to the recovery and development of our country after the war.
- Najafli, E.M. Digital State in the Context of Legal Reform in Ukraine: Theoretical and Legal Aspects. Scientific Journal of the Kharkiv National University of Internal Affairs. Law and Security. – 2022. – No. 2 (85). – P. 202-217.
- Bem M.V., Gorodiskyi I.M. Personal Data Protection: Legal Regulation and Practical Aspects. Scientific-Practical Guide. Council of Europe. – 2021. – P. 160.
- Solomko Yu. E-government: Concept, Essence, Principles, and Directions of Development. Effectiveness of State Governance 2018. vol. 2 (55). P. 135-143.