State regulation of critical infrastructure

Abstract

The analysis of state regulation of critical infrastructure development in Ukraine is carried out. It is noted that the creation of a regulatory framework for solving such problems is at an early stage. The draft laws on critical infrastructure submitted to the parliament contain definitions of the terms used in the regulation of the formation and development of critical infrastructure, tasks of state policy for critical infrastructure protection, certain principles of its operation, provisions on the establishment of critical infrastructure protection authorities, At the same time, there are no provisions on defining the basic principles of formation and development of critical infrastructure, the procedure for establishing and operating institutions to ensure its functionality, distribution of powers and responsibilities between them, the use of mechanisms to regulate the provision of critical infrastructure. The developed documents contain provisions that relate mainly to the protection of critical infrastructure, rather than its formation and development as a whole infrastructure. It is proposed (taking into account foreign experience) to determine the content of critical infrastructure, taking into account the state of its functionality and the provision of critical services. It is recommended to extend the scope of public policy to the development of critical infrastructure in general, and not to limit it only to issues of its protection. Attention is drawn to the need to regulate the conditions of involvement of participants in the provision of critical services, coordination of their activities, exchange of information and more. It is noted that the submitted bills did not address the issues of financial support of critical infrastructure and its state regulation. The adoption of the Critical Infrastructure Development Strategy, the implementation of the National Program, as well as the National Plan for their implementation are not envisaged. Amendments to the considered bills on the development of critical infrastructure and its protection in Ukraine are proposed.