Legal Analysis of the Current Situation and Trends in the Development of Eu and Ukraine Legislation in the Field of Cyber Security

Abstract

The article is devoted to the issue of settling relations on the implementation of cyber security policy in the European Union and Ukraine. The leading role of the EU in the process of determining the key directions of cyber policy in the EU member states, as well as the steps of Ukraine in this area in the course of European integration reforms are studied. The authors analyze the system of normative acts of EU institutions in the field of cybersecurity, including, in particular, strategic documents containing general guidelines for policy implementation, as well as binding regulations and directives, the provisions of which specify mechanisms for implementing cyber policy in EU member states. The main normative documents of the EU in the field of cyber security of both states and private consumers of digital services on the Internet have been identified. The formation of a secure digital market in the EU in the context of the implementation of certification schemes for digital products and services, as well as the regulatory and institutional framework for combating fraud on the Internet are analyzed. The main opportunities, means of implementation and EU institutions responsible for the functioning of the secure European cyberspace, in particular the EU Cyber Security Agency (ENISA), are explored. In the context of the adoption of the new EU Cyber Security Strategy for the next 10 years, future EU steps in the field of cyber security are identified, such as accelerating the implementation of key Internet security standards, application and rapid completion of 5G technologies, cyber intelligence, etc. The authors analyze the system of legal acts of Ukraine in the field of national cybersecurity. The shortcomings of the regulatory and legal regulation of cybersecurity and the implementation of regulations of national legislation are identified. In addition, the authors note the positive developments in the implementation of cyber policy in Ukraine, including the development of the Cyber Security Strategy of Ukraine for 2021-2025.