Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 73
Julio
Diciembre
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
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ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
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Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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Vol. 40, Nº 73 (2022), 901-918
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 18/03/2022 Aceptado el 14/05/2022
Protection of the rights and legitimate
interests of the individual in a hybrid war
DOI: https://doi.org/10.46398/cuestpol.4073.52
Petro Rekotov *
Viktor Nikitenko **
Tetiana Korshykova ***
Oleksandr Zherebko ****
Ihor Samoilenko *****
Abstract
The objective of the article was to reveal r the main topics
related to the denition of «hybrid warfare» and «legal policy of
the state in a hybrid war», «legal policy of the state in the eld
of cybersecurity». The need to nalize legislation on the Internet
taking into account international human rights standards was
emphasized. Given the categorical uncertainty and unwillingness
of Ukraine’s current legal framework to resist new threats in a
hybrid war, it is advisable to terminologize and standardize the conceptual
apparatus in the legal system of cybersecurity, harmonize national
legislation with international acts, as well as promoteexibility in relevant
areas of activity. It is alsonecessary to legally regulate the use of the Internet
to help increase the liability of providers and site owners for the location
of inaccurate and deliberately harmful information, as well as to establish
a mechanism to inuence unscrupulous subjects of information law in
cyberspace. It is concluded that a separate area in criminology should be
the protection of information sources and information security issues in a
hybrid war.
Keywords: information warfare; crime prevention; cybercrime;
individual rights; legal policy.
* Candidate of legal sciences, Associate Professor, Associate Professor of the Department of Information
Economics, Entrepreneurship and Finance at the Zaporizhzhia National University, Zaporizhzhia,
Ukraine. ORСID ID: https://orcid.org/0000-0002-0378-378X
** Candidate of legal sciences, Associate Professor at the Department of legal support of business activity
at the Kyiv National University of Trade and Economics; Kyiv, Ukraine. ORСID ID: https://orcid.
org/0000-0002-1785-1819
*** Doctor of Philosophy, Lecturer at the Department of Criminalistics and Forensic Medicine of National
Academy of internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-9840-5230
**** Candidate of legal sciences, Head of the department of normative and methodical activity
and standardization, Kyiv Scientic Research Institute of Forensic Expertise, Kyiv, Ukraine.
ORСID ID: https://orcid.org/0000-0002-9740-4145
***** Chief forensic expert of the department of trasological, ballistic, explosive and weapons research of
the laboratory of forensic research, Kyiv Scientic Research Institute of Forensic Sciences, Ministry of
Justice of Ukraine, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-6345-1456
902
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
Protección de los derechos e intereses legítimos del
individuo en una guerra híbrida
Resumen
El objetivo del articulo fue revelar los principales temas relacionados
con la denición de «guerra híbrida» y «política jurídica del estado
en una guerra híbrida», «política jurídica del estado en el campo de la
ciberseguridad». Se hizo hincapié en la necesidad de ultimar la legislación
en Internet teniendo en cuenta las normas internacionales de derechos
humanos. Dada la categórica incertidumbre y falta de voluntad del actual
marco legal de Ucrania para resistir nuevas amenazas en una guerra híbrida,
es aconsejable terminologizar y estandarizar el aparato conceptual en el
sistema legal de ciberseguridad, armonización de la legislación nacional con
actos internacionales, así como impulsar la reexión en áreas de actividad
relevantes. Tambien es necesario regular legalmente el uso de Internet para
ayudar a aumentar la responsabilidad de los proveedores y propietarios
de sitios por la ubicación de información inexacta y deliberadamente
dañina, así como para establecer un mecanismo para inuir en sujetos
inescrupulosos del derecho de la información en el ciberespacio. Se
concluye que un área separada en criminología debería ser la protección de
las fuentes de información y los problemas de seguridad de la información
en una guerra híbrida.
Palabras clave: guerra de la información; prevención del delito;
ciberdelito; derechos individuales; política jurídica.
Introduction
In today’s world, the terms «information society», «information
impact», «information technology» are increasingly used. These terms
are widely used due to the need to exchange information between people
and the processes of informatization of society. Currently, the process of
information exchange is accelerating, attempts are being made to inuence
other people through information (Kamneva, 2016).
At the same time, the achievement of strategic goals (military, political,
economic) of individual criminal states (their leaders) is achieved through
information warfare - the process of suggestive inuence on groups of
people through specially prepared communication technologies and
information materials. Today in everyday and scientic circulation the
term «information war» is increasingly used, which in a broad sense is
any negative information impact on the enemy, and in a narrow sense - a
new one that does not t into the international legal qualication, type or
method of conduct. armed conicts (Korotkiy and Koval, 2010).
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Today, people are vulnerable to a large array of information that is
aggressive, discriminatory, destructive, manipulative in nature and is the
object of information warfare or even hybrid warfare, covering not only
information but also economic, nancial, political spheres, encroaching on
liberal values, which are a sign of the XXI century, are anthropocentrism and
sociocentrism. The purpose of hybrid methods and techniques is to instill
in the minds of citizens a negative attitude and distrust of the government,
contempt for national heroes, traditions, shrines, creating confrontation
on religious grounds. Along with asymmetric conicts and unconventional
wars (situations where open hostilities are not taking place), there is also
the notion of «hybrid wars», which are now increasingly used (Reeves and
Barnsby, 2013).
The development of the system of protection of individual rights and
freedoms, protection of public relations in the state is an integral part of
the national policy of developed countries, and the eectiveness of such
policy depends on the ability of governments to choose mechanisms for its
implementation. A thorough study of this problem in the transformation
of society requires a new approach to modern jurisprudence, which
would provide a comprehensive study of tactics and strategies of legal
policy, principles, goals and functions based on existing developments in
lawmaking, value concepts and relevant methods of individual sciences
(Rudanetska, 2014). Legal policy should guarantee the achievement of
consensus between members of society, public authorities and the public,
as well as non-governmental organizations (Ilyashko, 2017).
As practice shows, insucient attention to the issues of parrying
information threats can cause signicant damage to the political system of
any state up to the destruction of the state itself. The hybrid war against
Ukraine requires the state to adequately counter and develop a certain
policy to respond to challenges. Ukraine’s policy in the context of European
integration processes should be aimed at ensuring the rights, freedoms
of man and citizen, harmonization of all spheres of state activity with
international standards.
The legislation stipulates that one of the directions of the state
information policy of the state is information security (On the national
security of ukraine: law of ukraine, part 4, article 3; on the concept of
the National program of informatization: the law of Ukraine, part 1 On
the Concept of the National Informatization Program: Law of Ukraine).
Information security is understood as the protection of the individual,
society and the state from destructive and other negative inuences in the
information space (Gapeeva, 2017: 26), an integral part of the political,
economic, defense and other components of national security (On the
concept of the National informatization program: law of Ukraine, 1998).
Information security is understood as the protection of the individual,
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Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
society and the state from destructive and other negative inuences in the
information space (Gapeeva, 2017).
As noted in the Strategy of Foreign Policy of Ukraine, approved by the
Decree of the President of Ukraine, there are new challenges in the digital
space, including the lack of clear legal regulation in this area, which leads to
misuse of digital data to harm both individuals and states and international
organizations. Among the means of hybrid warfare that the aggressor
state uses against Ukraine and other states in the region are the use of
energy as a means of pressure; interference in elections; disinformation
and manipulation campaigns; cyberattacks on critical infrastructure,
government agencies, nancial institutions, etc. («On the strategy of foreign
policy of Ukraine»: Decree of the President of Ukraine, 2021).
The state, despite the existence of internal conict with the intervention
of the aggressor country to it, does not deviated from the declared European
values (Herasymchuk et al., 2021). But, hybrid wars combine dierent
regimes of warfare, including criminal action (Gorbulin, 2017). Therefore,
it is worth focusing on the role of crime in hybrid warfare and on ways to
combat it both at the general legal level and by organizational means to
combat cybercrime.
1. Methodology of the study
The methodological basis of the study is based on the methods of
dialectical, formal-logical, historical, structural-functional, institutional
analysis, as well as content analysis of legislative and regulatory acts
and the method of evaluation of opinions. Using the dialectical method,
the author’s tasks to dene the concept of «hybrid war», «state policy in
a hybrid war» and «legal policy of the state in the eld of cybersecurity»
were solved. The formal-logical method allowed to reveal contradictions in
the legislation, features of separate regulatory legal acts, and also helped to
draw conclusions and to give oers concerning the further improvement of
the legislation and the decision of the set tasks.
The application of the historical method allowed to reect the historical
need to adjust public policy in a hybrid war, to ensure cybersecurity.
The structural-functional method allowed to consider the peculiarities
of Ukraine’s legal policy to protect the rights and legitimate interests
of individuals in a hybrid war caused by the aggression of the Russian
Federation as a whole system, to explore its structural elements and identify
features of investigating crimes in cyberspace. With the help of the formal-
legal method the denitions concerning the essence of research categories
were substantiated, the conceptual-categorical apparatus was formed.
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The comparative legal method was used in the study of domestic and
foreign legislation on the legal regulation of protection of rights and
legitimate interests in a hybrid war, in particular, in the investigation of
certain criminal oenses in the eld of cybersecurity in Ukraine. The
method of system analysis and synthesis was used to compare the concepts
of «hybrid war», «armed aggression», «individual rights», «state policy»,
«security», «cybersecurity». The institutional method of research is used
in the work. At the same time, the methodology of the system analysis in
relation to the object of the legal policy of the state to ensure the rights
and interests of the person in the information war was made up of system,
structural-functional and evolutionary methods. Statistical and sociological
methods were used to obtain and analyze empirical data on the subject of
research, characteristics of phenomena, analysis of law enforcement and
substantiation of conclusions. The most important methodological role
in the study was played by the conceptual provisions and the conceptual
and categorical apparatus of the theory of state and law, international
humanitarian law, constitutional law and criminal procedure.
2. Analysis of recent research
Analyzing the degree of scientic development of research problem, it
should be emphasized that in general, the science of international law and
the cycle of other legal sciences lacks an understanding of the concept of
«hybrid war». Important publications on this topic have been made by such
scholars as V. Gorbulin (Gorbulin, 2017), F. Homan (Homan, 2009),
O. Ilyashko (Ilyashko, 2017), J. MсCuen (MсCuen, 2008), L. Veselova
(Veselova, 2021), V. Vlasyuk, Y. Karman (Vlasyuk and Karman, 2021), R.
Wilkie (Wilkie, 2009) and others.
Recognizing the importance of the contribution of these researchers in
the development of these issues, it should be recognized that the problem
of protection of the rights and legitimate interests of the individual in a
hybrid war in the literature is not given enough attention. There is no
comprehensive, systematic research, and most modern scientic work
deals only with general issues of criminal law policy or its specic area.
Also, a thorough analysis of the works of scientists gives grounds to
state the lack of unity in approaches to the specics of the investigation of
cybercrime related to the policy of information warfare. All the above, as
well as insucient development at the theoretical level of this issue and
the presence of organizational and legal gaps in the study area, determines
the relevance of the chosen topic and requires legal regulation of certain
problematic aspects in a hybrid war on the basis of both legal sciences and
modern science. opinions of related sciences.
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Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
3. Results and discussion
In jurisprudence, “hybrid warfare” is a fairly new concept, and therefore
little studied. It has entered an active discourse in recent years in connection
with Russian aggression. Ukraine faced the problem of defending state
sovereignty and borders in the conditions of a hybrid war, which has other
ways than, for example, the Second World War.
Therefore, it is necessary to rethink the phenomenon of war, its course
and consequences, to react quickly, to develop radically new approaches. At
the same time, it should be taken into account that in the latest war the use
of information and communication technologies, highly qualied human
resources, the art of international politics, re-equipment of the economy,
etc. have become crucial. Hybrid warfare is a complex and inert process, it
is not always controlled, it cannot be stopped “as instructed from above.”
Unlike the traditional wars of the past, it does not end with the signing of
an armistice.
The current war on the territory of Ukraine is called “hybrid”, presenting
it as a new way of implementing aggressive policies. But almost all its tools
(an attempt to consolidate its inuence in Ukraine through the support of
loyal Ukrainian political circles, the internal political division of Ukrainian
society through propaganda, and nally open military intervention,
attempts to present aggression as an internal civil conict) were tried by
Russian leaders from the seventeenth to the eighteenth centuries. This
scenario was most clearly manifested in the activities of the Bolsheviks
against the Ukrainian People’s Republic during the Ukrainian Revolution
of 1917–1921.
It should be emphasized that armed aggression is only one of the
instruments of the Russian Federation’s war against Ukraine, the last
argument when all other means of subduing Ukrainians have exhausted
themselves. Aggression is carried out in several dimensions: military,
political, economic, social, humanitarian, information. Elements of hybrid
warfare have long been propaganda based on lies, manipulation and
substitution of concepts, denial of the very fact of war and the participation
of the aggressor state in it; accusing Ukraine of its own crimes, distorting
Ukrainian history; trade and economic pressure and energy blockade;
terror and intimidation of citizens; cyberattacks and attempts to destabilize
critical infrastructure.
Hybrid threats include a range of dierent regimes of warfare, including
standard weapons, irregular tactics and formations, terrorist acts (including
violence and coercion) and criminal disorder (The origins of the concept
of a hybrid war, 2015). Threats can be more characterized as a hybrid
balance of traditional and irregular strategies and tactics, it is decentralized
planning and implementation, the participation of non-state actors using
both simple and complex technologies (Reeves and Barnsby, 2013).
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Some scholars point out that hybrid warfare combines military, quasi-
military, diplomatic, informational, economic, and other measures to
achieve strategic policy goals (Homan, 2009). It is characterized by such
methods as bribery, intimidation, crime, kidnapping, looting, violence
against civilians, seizure of state institutions, organization and conduct of
terrorist acts (Martin van Creveld, 2018).
The American researcher J. McQueen sees in a hybrid war a combination
of traditional and asymmetric forms of violence with the simultaneous
involvement of the local population in the conict and misleading the
international community, or leveling its inuence (McCuen, 2008).
According to him, virtually any hybrid war combines traditional forms
of violence, cyber warfare, terrorism, organized crime, irregular military
formations and private military companies. American analyst R. Wilkie
proposed to consider as a hybrid war a conict in which the state or non-
state group uses terrorist violence, irregular military, indiscriminate
violence, criminals and mercenaries, in order to destabilize the political and
economic status of the opponent (Wilkie, 2009).
Thus, considering the concept of “hybrid war”, we can conclude that it
means a modern type of war, where the conict uses a variety of means
of attack and defense of states that go beyond conventionally dened
options and types of warfare. Scientists are already identifying a list of
possible real weapons that can be used by the parties. The term weapon, in
this case, includes not only material traditional weapons, but also model-
organizational and informational weapons.
At the same time, despite the urgency of understanding hybrid warfare
to characterize modern military conicts, the denition of this term is
absent both in the recently adopted Law of Ukraine “On National Security
of Ukraine” (Law of Ukraine “On National security of Ukraine”, 2018),
which is a component of the concept of national security, which limits the
scientic development of this phenomenon in the system of views on the
nature and character of modern military conicts, principles and ways to
prevent their occurrence.
Thus, we see the need to form a conceptual and terminological apparatus
for the legal provision of cybersecurity and its consistency not only with the
terminology of current domestic legislation and international acts, but also
with adequate content for the hybrid threat of cyber threat.
The law of armed conict, which is synonymous with international
humanitarian law or the law of war, is a signicant part of all international
law that regulates and controls the actions of the parties to a conict. It
consists of both contractual and customary rules. This right is a fundamental
right that is binding on all parties to an armed conict (Kudors, 2015).
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Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
The main purpose, as well as the humanitarian and functional signicance
of the law of armed conict, is that this law guarantees protection for war
victims, whether civilians, prisoners of war, wounded or sick, who will be
determined whether acceptable measures of war have been applied, and
no prohibited means were used. This specialized branch of law, which
denes both state and individual obligations, limits the impact of war,
and establishes clear rules for its conduct, in case of violation of which,
international legal sanctions or prosecution of war crimes can be applied
(Klimchuk, 2015).
The current state of international peace, under the inuence of the
constant growth of innovative technologies, development and slowing down
of economies of various subjects of international law, strengthening of data
transmission devices and other new means, is undermined by the discovery
of a new phenomenon of “hybrid war”. The problem arises in how one can
determine the place of hybrid warfare in international law, especially given
the current right to war and the law of war. Awareness of the existence of
a new threshold of danger raises the level of defense of the party to which
these tools are addressed (Vlasyuk and Karman, 2021).
Today there are a large number of international treaties and customary
norms that regulate the issue of war - both its beginning and the rules of its
conduct. They are given a signicant role, but as it turned out, these rules
are not able to regulate legal issues that arise in modern wars. Hybridization
of war only exacerbates these already complex problems and may lead to
the fact that the law of armed conict will not matter and will not be able to
resolve the legal issues of modern hybrid warfare, assuming that in such a
situation there will be no legal control and protection of the parties.
Some scholars rightly point out that if the trend towards the development
of the law of armed conict as something outdated and irrelevant continues,
participants in armed conict, as well as the entire international community,
will begin to consider international law as more anachronistic than the legal
imperative (Reeves and Barnsby, 2013).
If the authority of law is reduced, traditional legal prohibitions will be
violated with impunity, and only certain notions of morality will be able to
somehow limit action during war. Opponents of the state and non-state will
believe that the observance of such ancient legal norms contains signicant
shortcomings and can no longer regulate their actions. As a result, the
parties to the conict will ignore the obligations under the law of armed
conict and attribute titles to their actions as self-defense or manipulate the
very content of the law of armed conict through the strategic application of
lawfare (asymmetric, hybrid warfare) (Kudors, 2015).
Modern international law does not include the concept of “hybrid
war”, which in turn leads to the corresponding consequences. The lack of
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regulation of this newly discovered phenomenon accelerates the emergence
of new means of attack in wars, for which the perpetrators cannot be held
responsible due to the lack of norms that bind the parties.
The law of armed conict was developed by the joint action of the
international community, which was able to resolve the most pressing issues.
Today, a new challenge has emerged - hybrid warfare. In order to prevent
the possibility of undermining eorts to humanize war, the international
community must recognize that the question of the eectiveness and
practicality of the law of armed conict must expand as a new “hybrid” type
of war develops.
Ignoring this trend makes modern legal eorts ineective, ineective
means of resolving modern armed conicts, which continues to undermine
condence in the law of armed conict. Instead of continuing outdated
practices, the international community should push for the addition and
incorporation of the concept of hybrid warfare and weapons into the law of
armed conict.
Whether through an international treaty or the formation of a new
international custom, the international community must renew the law of
armed conict to resolve various issues, as created by hybrid warfare, while
emphasizing that comprehensive humanitarian protection under the law of
armed conict is inviolable. At the same time, the disclosure of the concept
of “hybrid war” in the context of international law should be carried out
in inseparable connection with the realities of warfare, which go beyond
the conventionally established standards and rules (Vlasyuk and Karman,
2021).
The main principles of the legal policy of the state in the temporarily
occupied territories in a hybrid war include: the priority of human rights;
legality; social conditionality; scientic validity; stability and predictability;
legitimacy; morality; justice; publicity; combination of interests of the
person and the state; compliance with international standards; objectivity;
adequacy; optimality; expediency; systematicity; purposefulness; sequence;
resource security; humanistic orientation and democratic nature of the
tools.
In our opinion, the legal policy of the state in a hybrid war can be dened
as part of public policy, which is a reasonable and consistent activity of
public authorities, local governments to ensure an eective mechanism for
legal regulation of public relations in the temporarily occupied territories
in a hybrid war, is expressed in a set of ideas, measures, tasks, programs,
guidelines implemented in the eld of law and through law and is based on
fundamental legal principles.
Implementation of the Strategy of Ukraine’s foreign policy will be
carried out in compliance with the following principles: compliance
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Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
with international law - compliance with generally accepted norms and
principles of international law, fulllment of Ukraine’s international
obligations under international treaties and membership in international
organizations, compliance with international agreements; human-
centeredness - recognition and armation of respect for human life and
dignity, human rights and freedoms as the highest values; protection,
promotion, promotion of rights and legitimate interests of Ukrainian
citizens abroad, rights and legitimate interests of foreign Ukrainians in
other states (“On the strategy of foreign policy activity of Ukraine” Decree
of the President of Ukraine, 2021).
We believe that the content of the Strategy should include issues of
cybersecurity in Ukraine in a hybrid war based on minimizing the risks
of cyber threats by the aggressor through the implementation of a set of
measures for the formation and implementation of public administration
in this area to determine vulnerability and stability of society and state. In
our opinion, the key measures of this Strategy, namely: raising awareness,
ensuring resilience, prevention, crisis response and recovery, increasing
cooperation with the European Union and NATO, as well as other foreign
and international partner organizations.
One of the main tools of hybrid warfare is cyber attack, which can
do as much damage as weapons of mass destruction. Any sophisticated
cyber weapon can act as a platform that is rst implemented in networks
and computers, then performs spy functions, and at the right moment is
activated and acts as a weapon that destroys military and civilian facilities
and infrastructure. The peculiarity of virtual attacks is that it is very dicult
to prove the involvement of a state in them. Thus, cyber warfare and cyber
espionage are ideal weapons of hybrid warfare.
The main methods of cyberattack are: vandalism; cyber espionage or
information gathering; propaganda; attacks to disrupt computers and local
area networks; cyberattacks aimed at destroying the critical infrastructure
of cities, industrial centers, disrupting transport, communications and
other critical facilities.
Vandalism and propaganda in cyberspace in recent years have become one
of the most eective ways of waging information warfare. As the experience
of the «color» revolutions of the last decade shows, the Internet and social
networks are becoming one of the most important fronts of psychological
warfare. Also, the methods of information warfare in cyberspace are the
creation of fake accounts, throwing false or biased information, coordinating
anti-government speeches, conducting propaganda.
Cyber espionage is a very eective method of gathering classied
information. It can be used to obtain a list of hostile agents or informants
or to steal the latest developments in military or industrial technology. It
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is believed that Chinese hackers are most actively involved in industrial
espionage, most often the targets of their attacks are enterprises and
research centers in the United States and Western Europe.
In recent years, Ukrainian courts have ruled on the following articles
of the Criminal Code of Ukraine: 109 (actions aimed at forcible change or
overthrow of the constitutional order or the seizure of state power); 110
(encroachment on the territorial integrity and inviolability of Ukraine); 111
(treason); 114-1 (obstruction of the lawful activities of the Armed Forces and
other military formations); 161 (violation of equality of citizens depending
on their race, nationality, religious beliefs, disability and other grounds);
258-2 (public appeals to commit a terrorist act); 295 (calls to take actions
that threaten public order); 436 (propaganda of war) (Criminal code of
Ukraine, 2001).
Most of the verdicts were handed down by the courts in relation to
statements that aect the national security of Ukraine in cyberspace and
the media. In particular, for encroaching on the territorial integrity and
inviolability of Ukraine, actions aimed at forcible change or overthrow of the
constitutional order. In 74 % of cases, defendants entered into agreements
with the prosecutor, admitting their guilt. More than 80 % of cases resulted
in courts releasing convicts from serving a probation period of one to three
years (Mirny, 2021). This indicates that the state does not see for society
a signicant danger in the dissemination of this information, as well as
danger from these people.
In some cases, the motivation of sentences in such criminal proceedings
is inappropriate, and the assessment of the fact of a criminal oense is
transferred to forensic experts who conduct forensic-linguistic, complex
examinations and semantic-textual examination of written speech. Judges
often cite information that has become the subject of a crime, refer to an
expert opinion and impose a sentence, while the international standard is
that if a court has to decide whether to restrict access to information, it must
analyze it on its own. content and context to make decisions. Moreover,
these examinations are conducted by institutions that are subordinate to
the executive branch and therefore cannot be considered independent. This
undermines the right to an impartial and fair trial.
Some scholars and experts focus on the formal approach of Ukrainian
courts to national security. Thus, when passing sentences, courts impose
the same penalties regardless of the size of the audience that is aected
by illegal content. The verdicts do not reect how the future fate of illegal
information is resolved. In particular, 80 % of criminal proceedings
ended on probation. Probation requires the convict to fulll a number of
obligations.
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As a result, the court may order the oender to delete illegal information,
to replace the conditional term with a real one. In our opinion, this is the
protection of the state’s interests in the conditions of information warfare.
Also, experts of the coalition «For Free Internet» pointed out that the courts
may use information from the portal «Peacemaker» as the only source of
evidence. That is, the court does not assess such evidence either in terms
of its reliability or in terms of belonging and admissibility (Mirny, 2021).
The importance of nalizing Internet legislation should also be pointed
out. It is necessary to develop a law taking into account international human
rights standards. Risks, Russia’s military aggression against Ukraine,
including in cyberspace, have demonstrated the importance of separate
legal regulation.
The aggression of the Russian Federation in the form of a hybrid war
clearly showed the low ability of Ukrainian law enforcement agencies to
act systematically and eectively in the face of threats to internal security,
revealed a lack of reliable mechanisms for coordination and coordination
between them and showed unwillingness to respond to hybrid law
enforcement system as a whole and its individual units and ocials. In
particular, the central oces of law enforcement agencies were unable to
respond quickly and inuence changes in the operational situation, and
their territorial bodies and leaders - to take responsibility for making even
perfectly legal decisions.
This was a consequence of the existing problems in ensuring public
administration of law enforcement agencies, namely: the lack of a single
strategic leadership of law enforcement agencies, which would be carried out
in accordance with the general principles of the rule of law and international
standards of law enforcement; secrecy from society and lack of eective
public control over their activities, as well as lack of responsibility of both
managers and ordinary law enforcement ocers, their unwillingness to act
exclusively in accordance with the law; excessively complex and cumbersome
structure of law enforcement agencies with duplication and the presence of
uncharacteristic functions; imperfections of current legislation in the eld
of internal security, lack of clear delineation of anti-terrorist, anti-sabotage
and counterintelligence activities of law enforcement agencies and military
formations, the presence of an excessive number of bylaws, contradictions,
the Constitution and laws of Ukraine; low level of competence of the
management sta, their corruption, use of positions not for the purpose
of maintenance of public safety, and for the sake of personal enrichment;
imperfect system of personnel selection and training, etc.
Therefore, within the main basic tasks of law enforcement agencies such
as the protection of the constitutional order, state sovereignty and territorial
integrity of the state, the ght against crime, protection of rights, freedoms
and legitimate interests of citizens, society and the state as a whole, there
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are new important tasks to combat hybrid threats: rst, ensuring the
internal security of the state by strengthening the eectiveness of the ght
against the intervention of the secret services of the aggressor country in the
internal aairs of Ukraine, including with espionage, destructive activities
of agents of inuence in state structures and civil society, all types of hostile
intelligence, as well as by combating terrorism, separatism and criminal
structures that threaten the internal security of Ukraine and contribute
to the destabilization of society; secondly, achieving steadfast positions
in the protection of national interests in the information and cyberspace,
constant monitoring of the situation, eective and prevention of conicts in
interethnic, interfaith, interregional and other areas of national and social
relations, promoting their stabilization; third, the protection of the national
interests of the state at the international level through diplomatic, political,
economic, energy, judicial and other methods.
In our opinion, an eective step in improving the public administration
of law enforcement agencies capable of guaranteeing the security, rights
and freedoms of citizens could be the creation of a state body responsible
for coordinating strategic management in the country’s internal security,
counterterrorism, emergency prevention and elimination of their
consequences.
The Security Service of Ukraine and the National Police of Ukraine will
set up specialized units to investigate crimes committed in the context of
armed conict. Such structural units will be organized as part of the central
oces of these entities, as well as their regional and territorial bodies in
Donetsk and Luhansk regions. They will work directly with the Department
for Supervision of Criminal Proceedings on Crimes Committed in the
Armed Conict of the Oce of the Prosecutor General and the relevant
departments in the Donetsk and Luhansk Regional Prosecutor’s Oces.
The need to create a single such system is long overdue, and specialization
will improve the quality and eciency of the investigation. At the same time,
the investigation of war crimes, crimes against humanity, acts of aggression
require a high level of special knowledge (Police and sbu will create special
units for the investigation of crimes during armors).
The realities of the so-called “hybrid war” have posed a number of
legislative and law enforcement challenges in the eld of criminal law
policy of the Ukrainian state, the answers to which have not yet been
found. Peacetime legislation should ensure the regulation of legal relations
in conditions of military aggression in the presence of an inevitable and
immediate threat to the sovereignty and territorial integrity of Ukraine,
human rights and freedoms.
One of the elements of evidence in criminal proceedings is the collection
of evidence. But the inability of our pre-trial investigation bodies to
conduct procedural actions in uncontrolled territories forces us to look for
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alternative ways to solve the problem of documenting (proving) criminal
proceedings on criminal oenses committed in those territories.
The use of evidence-based evidence in criminal proceedings from
international human rights organizations monitoring human rights in
areas of armed conict and journalistic investigations into individual facts
is dicult to overestimate. Another way out of this situation is to set up
joint international investigation teams to investigate individual crimes. The
current criminal procedure legislation provides such opportunities. Yes,
Art. 571 of the Criminal Procedure Code of Ukraine stipulates that joint
investigative teams may be established to conduct a pre-trial investigation
of the circumstances of criminal oenses committed in the territories
of several states, or if the interests of these states are violated. The
establishment and operation of joint investigation teams is an important
measure of international cooperation in criminal proceedings, which
consists in the coordinated activities of representatives of the competent
authorities of dierent states to investigate crimes of an international
nature (Сriminal procedure code of Ukraine, 2012).
Any criminal investigation or trial is a “ght for information”. Insucient
information (lack of evidence or their falsity) complicates the process of
establishing the fact of the crime, the perpetrators, the motives of the crime
and so on. In such circumstances, it is important to obtain evidentiary
information about the fact of the crime, the use of forensic and other special
knowledge. The task of criminology is to develop and apply tools that allow
you to collect, investigate, use evidence.
The task of criminology is to develop and apply tools that allow you
to collect, investigate, use evidence. In modern conditions, criminology
is designed to develop the latest tools aimed at combating organized
and transnational crime, corruption, human tracking, drug tracking,
terrorist nancing and other criminal acts. A separate area in criminology
should be the protection of information sources and information security
issues. In the context of global threats and changing criminal manifestations,
an important role should be given to the use of modern forensic knowledge.
Means of criminology must meet information challenges, successfully
combat crime in an information (hybrid) war.
In general, it should be noted that the problem of improving public
administration of law enforcement in a hybrid war is still insuciently
studied and needs more detailed study and discussion. Ukraine will be
able to counter hybrid threats only by radically reforming its own law
enforcement system in the direction of strengthening the possibility of
both vertical coordination of actions of all law enforcement agencies and
horizontal ties between them.
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Conclusions
Legal policy of the state in a hybrid war – a type of public policy that is a
reasonable and consistent activity of public authorities, local governments
to ensure an eective mechanism for legal regulation of public relations in
the temporarily occupied territories in a hybrid war, which is expressed in
a set of ideas, measures , tasks, programs, guidelines implemented in the
eld of law and through law and is based on fundamental legal principles.
The information component of national security requires the formation
of a secure cyberspace and the systematic implementation of legal
instruments of a preventive nature. It is necessary to develop adequate
mechanisms of legal regulation, determine the appropriate legal status
of the national cybersecurity system in Ukraine, improve the forms and
methods of legal regulation in the eld of combating hybrid threats.
The formation of the national legal institute of cybersecurity is directly
related to the development of international law in this area in the eld of
information and telecommunications security of society. The legal policy
of the state in the eld of cybersecurity is a legally regulated activity of
cybersecurity entities aimed at ensuring the rights and freedoms of citizens,
society and the state in the information space, preventing their violation,
identifying cyber threats and restoring violated rights, freedoms and
legitimate interests of individuals. carried out by means of international
humanitarian law and national legislation with the possibility of applying
coercive measures and bringing the perpetrators to justice.
According to the content, the Strategy of Ukraine’s foreign policy should
include Ukraine’s cybersecurity in a hybrid war by minimizing the risks of
the aggressor spreading cyber threats by implementing a set of measures
to form and implement public administration in this area to determine
vulnerability and stability of society and the state. The key measures of this
Strategy are, namely: raising awareness, ensuring resilience, prevention,
crisis response and recovery, increasing cooperation with the European
Union and NATO, as well as other foreign and international partner
organizations.
It is important to nalize the legislation on the Internet taking into
account international human rights standards. Given the categorical
uncertainty and unwillingness of the current legal framework of Ukraine to
withstand new threats in a hybrid war, it is necessary to terminologize and
standardize the conceptual apparatus in the legal system of cybersecurity,
harmonization of terminology of national legislation with international
acts. It is also necessary to legally regulate the use of the Internet to help
increase the responsibility of providers and site owners for the placement
of inaccurate and knowingly harmful information, as well as to establish
a mechanism for inuencing unscrupulous subjects of information law in
cyberspace.
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In the modern information society it is necessary to constantly,
systematically and timely take eective measures to combat cybercrime
in all spheres of public and state life, business and socio-humanitarian
environment. Given Ukraine’s course to enter the global information
space, a national model for cybersecurity of enterprises, institutions and
organizations needs to be built; coordination of eorts and interaction of
law enforcement agencies, special services, the judiciary, as well as their
proper stang and logistics, exchange of information on the prevention
and combating of such criminal oenses.
Given the cross-border nature of cybercrime, law enforcement
cooperation in investigating such criminal oenses at the operational
level needs to be established; creating and ensuring the functioning of the
mechanism for resolving jurisdictional issues in cyberspace. A separate
area in criminology should be the protection of information sources and
information security issues. An important role should be given to the use
of modern forensic knowledge, and the means of forensics should meet
the information challenges, successfully combat crime in an information
(hybrid) war.
Bibliographic References
CRIMINAL CODE OF UKRAINE. 2001. No 2341-III. Available online. In:
https://zakon.rada.gov.ua/laws/show/2341-14. Consultation date:
15/01/2022.
CRIMINAL PROCEDURE CODE OF UKRAINE. 2012. No 4651-V1. Available
online. In: http://zakon.rada.gov.ua/go/4651-17. Consultation date:
15/03/2022.
GAPEEYEVA, Olga. 2017. Current issues of information security: the experience
of the CSTO. Information dimension of hybrid warfare: the experience of
Ukraine: materials of the International scientic-practical conference.
NUOU. PP. 25–28. Kyiv, Ukraine.
GORBULIN, Vladimir. 2017. World Hybrid War: Ukrainian Front: monograph.
Kyiv, Ukraine.
HERASYMCHUK, Serhiy; MATIYCHYK, Yaroslav; KHYLKO, Maksym;
FYLYPENKO, Artem; SHELEST, Hanna; ZOLKINA, Mariya. 2020.
“Rethinking Ukraine’s deoccupation policy in the context of Russia’s
hybrid war against Ukraine”. Available online. In: https://dif.org.ua/
uploads/pdf/63175928460113b4e9dcf21.35897876.pdf. Consultation
date: 13/02/2022.
917
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 901-918
HOFFMAN, Frank. 2009. “Hybrid Warfare and Challenges” In: JFQ. No. 52,
pp. 34-39.
ILYASHKO, Olexander. 2017. “Conceptual approaches to determining the legal
policy of the state in a hybrid war” In: Scientic Bulletin of the National
Academy of Internal Aairs. Vol. 104, No. 3, pp. 105-116.
KAMNEVA, Olena. 2016. “Information and psychological impact of the
media on the mental state (on the example of a student sample)” In:
Cybersecurity issues. 2016. Vol. 18, No. 5, pp. 51-52.
KLIMCHUK, Julia. 2014. Hybrid warfare as a form of armed conict. In: Law
13. International law. In: http://www.rusnauka.com/34_NNM_2014/
Pravo/13_179711.doc.htm. Consultation date: 15/01/2022.
KOROTKIY, Timur; KOVAL, Dmitry. 2010. “The concept of information warfare
in international law” In: Almanac of International Law. Available online.
In: http://nbuv.gov.ua/UJRN/amp_2010_2_29. Consultation date:
15/01/2022.
KUDORS, Andis. 2015. Interparliamentary Conference for the Common Foreign
and Security Policy and the Common Security and Defense Policy. In:
Hybrid War - A New Security Challenge for Europe. March 4-6. Riga.
Available online. In: http://www.parleu2015.lv/les/cfsp-csdp/wg3-
hybrid-war-background-notes-en.pdf Consultation date: 15/01/2022.
LAW OF UKRAINE. 1998. ON THE CONCEPT OF THE NATIONAL
INFORMATIZATION PROGRAM. Information of the Verkhovna Rada
of Ukraine. 1998. № 27. Art. 182.
LAW OF UKRAINE. 2018. ON NATIONAL SECURITY OF UKRAINE. Voice of
Ukraine. № 22. Available online. In: http://zakon0.rada.gov.ua/laws/
show/2469-19. Consultation date: 15/01/2022.
MIRNY, Mykola. 2021. How Ukraine punishes for illegal information on
the Internet. Available online. In: https://www.ppl.org.ua/yak-
ukra%D1%97na-karaye-za-nezakonnu-informaciyu-v-interneti.html.
Consultation date: 15/01/2022.
MсCUEN, John. 2008. Hybrid Wars. In: Military rewiew. MarchApril. Pp. 107-
113.
ON THE DECISION OF THE COUNCIL OF NATIONAL SECURITY AND
DEFENSE OF UKRAINE. 2021. “ON THE STRATEGY OF FOREIGN
POLICY ACTIVITIES OF UKRAINE. Available online. In: https://
zakon.rada.gov.ua/laws/show/448/2021#Text. Consultation date:
15/03/2022.
918
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
REEVES, Shane; BARNSBY, Robert. 2013. The New Grin of War. Hybrid
International Armed Conicts. In: Academic joutnal “Harvard
International Review”. Available online. In: https://www.questia.
com/library/journal/1G1-316203914/the-new-griffin-of-war-hybrid-
international-armed. Consultation date: 15/01/2022.
RUDANETSKA, Oksana. 2014. Legal policy of the state in the transformation of
society: theoretical and legal aspect. Lviv, Ukraine.
THE ORIGINS OF THE CONCEPT OF A HYBRID WAR. 2015. In: Electronic
journal The Bell. 2015. Available online. In: http://www.thebellforum.
com/showthread.php?t=130013. Consultation date: 15/01/2022.
The police and the Security Service of Ukraine will set up special units to
investigate crimes during the armed conict. Available online. In: https://
www.ukrinform.ua/rubric-society/3280324-u-policii-ta-sbu-stvorat-
specpidrozdili-z-rozsliduvanna-zlociniv-pid-cas-zbrojnogo-koniktu.
html. Consultation date: 15/03/2022.
VAN CREWELD, Martin 2018. “Transformation of War”. Available online.
In: http://loveread.ec/read_book.php?id=44369&p=81. Consultation
date: 15/03/2022.
VESELOVA, Lilia. 2021. Administrative and legal bases of cybersecurity in
the conditions of hybrid war. The dissertation on competition of a
scientic degree of the doctor of legal sciences on a specialty 12.00.07
Administrative law and process; nance law; information law. Odessa
State University of Internal Aairs. Odessa, Ukraine.
VLASYUK, Victor; KARMAN, Yaroslav. 2021. Some basics of the concept of
“hybrid war” in international law. Available online. In: http://lcslaw.
knu.ua/index.php/item/207-deyaki-osnovy-ponyattya-hibrydna-viyna-
v-mizhnarodnomu-pravi-vlasiuk-v-v-karman-ya-v. Consultation date:
15/03/2022.
WILKIE, Robert. 2009. “Hybrid Warfare. Something Old, Not Something New”
In: Air & Space Power Journal. Vol. 23, No. 4, pp. 13-17.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
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