Pregledni rad
https://doi.org/10.31299/ksi.33.1.5
Criminal law protection of state secrets in the context of hybrid warfare: a comparative analysis of Ukraine and the European union
Ruslan Semenovych Orlovskyi
; Yaroslav Mudryi National Law University, Depatment of Criminal Law
*
Vasyl Mykhailovych Kozak
; Central Office of the Security Service of Ukraine
* Dopisni autor.
Sažetak
In the context of information warfare, the contemporary security environment is evolving quickly. The protection of secrets has emerged as a crucial element of national security, particularly for Ukraine, which has been dealing with a growing number of hybrid threats and overt military activities by the Russian Federation since 2014. Such security issues have highlighted the gaps in Ukrainian legislation and institutional architecture for the preservation of secrets. With an emphasis on legislative frameworks, classification processes, enforcement strategies, and global best practices, this paper compares the criminal law protection of state secrets in Ukraine and a few member states of the European Union (EU). Ukraine has to address many important issues, such as institutional inefficiencies, cyber dangers, and legislative gaps, in order to strengthen its state secret protection system. This article addresses the NotPetya hacking attack in 2017, incidents of spying on high-ranking officials, and the release of military documents during the full-scale invasion in 2022. These incidents highlight the need for changes in cybersecurity and legislation. The study also examines how international treaties and agreements are being implemented, including the military policy of the North Atlantic Treaty Organisation (NATO), EU cybersecurity guidelines, and intelligence-sharing programmes such as European Union Intelligence and Situation Centre (INTCEN) and the Five Eyes Alliance. The study emphasises how important it is to create a comprehensive action plan for Ukraine that includes technological advances in cybersecurity, increased criminal penalties for cyber espionage, enhanced interagency cooperation, and legislative reforms. In addition, the protection of sensitive materials depends on institutional changes, including the creation of an independent national security agency, mandatory cybersecurity training for civil servants, and stricter verification processes. In addition to improving national security, closer adherence to EU and NATO security standards would facilitate Ukraine's integration into the Euro-Atlantic space. The conclusions of this study provide advice to policy makers, lawyers, and Ukrainian security agencies. The proposed changes are expected to modernise Ukraine's state secret protection system, put an end to cyber espionage and hybrid threats, and align their security legislation with international best practices.
Ključne riječi
state secret; armed conflict; information security; criminal law; international law
Hrčak ID:
332314
URI
Datum izdavanja:
17.6.2025.
Posjeta: 889 *