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
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
Recibido el 25/07/22 Aceptado el 14/10/22
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
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-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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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-
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
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Vol. 40, Nº 75 (2022), 243-262
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal and organizational foundations
for delivering e-government
DOI: https://doi.org/10.46398/cuestpol.4075.16
Iryna Khomyshyn *
Nataliia Lesko **
Olha Skochylias-Pavliv ***
Halyna Lukіanova ****
Marta Malets *****
Abstract
The aim of the research was to analyze the legal and
organizational foundations of e-government. The introduction
of e-government in Ukraine is regulated by a large number
of normative legal acts in the eld of information society
development. The analysis of information sources-legal norms
by using general scientic and special scientic methods led to
the conclusion that the provisions of administrative legislation
also belong to the information legislation. It was concluded that the legal
framework for the implementation of e-government should not only be
harmonized with generally recognized international standards, but also,
developed and adopted in the context of the Sustainable Development Goals
until 2030. Based on the assessment and comparison of the main trends
in the development of digital economy, simplication, decentralization,
deregulation, institutional capacity development and communication
support are attributed to the main achievements and digital capabilities of
Ukraine in the direction of e-government. Denitely, the need to improve
e-governance mechanisms in the sphere of telecommunication networks at
the state level is emphasized.
* Doctor of Law, Professor, Professor of the Department of Administrative and Information Law of Lviv
Polytechnic National University, Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0002-6180-3478
** Doctor of Law, Professor, Professor of the Department of Administrative and Information Law of Lviv
Polytechnic National University, Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0002-1790-8432
*** Doctor of Law, Associate Professor, Professor of the Department of Administrative and Informational
Law of the Educational-Scientic Institute of Jurisprudence, Psychology and Innovative Education,
Lviv Polytechnic National University, Ukraine, Lviv, Ukraine. ORСID ID: https://orcid.org/0000-
0001-6737-7628
**** Doctor of Law, Associate Professor, Professor of the Department of Administrative and Informational
Law of the Educational-Scientic Institute of Jurisprudence, Psychology and Innovative Education,
Lviv Polytechnic National University, Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0003-1109-
9299
***** Candidate of Juridical Sciences, Assistant of the Department of Administrative and Information Law
of Lviv Polytechnic National University, Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0002-
9129-3608
244
Iryna Khomyshyn, Nataliia Lesko, Olha Skochylias-Pavliv, Halyna Lukіanova y Marta Malets
Legal and organizational foundations for delivering e-government
Keywords: informatization; electronic governance; regulatory
documents; administrative legislation; strategy.
Fundamentos legales y organizativos para
proporcionar un gobierno electrónico
Resumen
El objetivo de la investigación fue analizar los fundamentos legales
y organizativos del gobierno electrónico. La introducción del gobierno
electrónico en Ucrania está regulada por una gran cantidad de actos legales
normativos en el campo del desarrollo de la sociedad de la información. El
análisis de las fuentes de información-normas legales mediante el uso de
métodos cientícos generales y cientícos especiales llevó a la conclusión de
que las disposiciones de la legislación administrativa también pertenecen
a la legislación de información. Se concluyó que el marco legal para la
implementación del gobierno electrónico no solo debe armonizarse con
los estándares internacionales generalmente reconocidos, sino también,
desarrollarse y adoptarse en el contexto de los Objetivos de Desarrollo
Sostenible hasta 2030. Sobre la base de la evaluación y comparación
de las principales tendencias en el desarrollo de la economía digital, la
simplicación, la descentralización, la desregulación, el desarrollo de la
capacidad institucional y el apoyo a la comunicación se atribuyen a los
principales logros y capacidades digitales de Ucrania en la dirección del
gobierno electrónico. Denitivamente, se enfatiza en la necesidad de
mejorar los mecanismos de gobernanza electrónica en el ámbito de las
redes de telecomunicaciones a nivel estatal.
Palabras clave: informatización; gobierno electrónico; documentos
normativos; legislación administrativa; estrategias.
Introduction
In the conditions of the modern information society, the use of the
means of the so-called «electronic democracy» (e-democracy), which
is characterized by the wide use of information and communication
technologies for the implementation of democratic procedures and the
involvement of the public in the process of forming state policy, has become
widely used. Prospects for expanding the range of application possibilities
and, accordingly, increasing the accessibility of direct democracy procedures
through the use of information technologies are primarily determined
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Vol. 40 Nº 75 (2022): 243-262
by: the need to create conditions for systematic public involvement in
public administration and solving all urgent problems; the need to direct
public initiatives into the sphere of constructive interaction with the state;
requirements for ensuring openness and transparency in the activities of
the administrative apparatus.
In addition, the awareness of one’s own involvement in state-building
processes will certainly contribute to the development of active citizenship
as one of the main conditions for the formation of an eective civil society
(Kalynovskyi et al., 2022; Dmytrenko, 2018; Babych, 2019; Semenchenko
and Konoval, 2012; Baranov, 2017).
More and more countries in the world are implementing the tools
of electronic democracy to form a new policy, the basis of which is the
relationship between citizens and the government, based on transparency
and full trust of the two parties to each other. World leaders in the
development of e-democracy were able to reach its level when all tools
represent a single eective communication system that strengthens and
promotes the most eective two-way dialogue between the government and
society (Kalynovskyi et al., 2022). Studying the experience of normative
and legal regulation of the development of e-democracy in the world’s
leading countries will contribute to its application in Ukraine, taking into
account national specicities.
Although in Ukraine, the development of e-democracy and e-governance
is dened as one of the priority tasks of the Strategy of State Policy to
Promote the Development of Civil Society in the Context of Optimizing
the Mechanisms of Public Dialogue and Institutions of Direct Democracy
(Decree of the President of Ukraine № 5 /2012), it should be emphasized
that it is not easy in itself the process of building democracy, in particular
electronic democracy, is complicated by the conditions of the war on the
territory of Ukraine.
1. Methodology of the study
To solve the tasks set in the scientic article, a complex of general
scientic and special methods was used: theoretical generalization,
semantic, comparison, analysis and synthesis to clarify and improve the
conceptual and categorical apparatus of electronic governance, in particular
to dene the concepts of «electronic governance», «electronic application
«Diya»; system analysis to reveal the regulatory and legal regulation of the
implementation of e-government at the national and local level; comparative
analysis and extrapolation to determine the advantages and problems of
the development of e-government in Ukraine compared to relevant foreign
practices; expert evaluations to determine the current state of e-government
246
Iryna Khomyshyn, Nataliia Lesko, Olha Skochylias-Pavliv, Halyna Lukіanova y Marta Malets
Legal and organizational foundations for delivering e-government
in Ukraine; logical generalization for the development of conclusions and
recommendations regarding the improvement of e-governance in Ukraine
in accordance with modern global trends.
The normative basis and information base of the scientic article are
the legislation of Ukraine on the development of the information society
and e-government, the resolutions and orders of the Cabinet of Ministers
of Ukraine and the decrees of the President of Ukraine on the development
of the information society, the introduction of e-government, the use of
modern information and communication technologies by state authorities,
the legislation of foreign countries in the eld of e-government regulation,
legal acts of local state authorities and local self-government bodies, web
pages and portals that provide access to e-government technologies.
2. Analysis of recent research
A large number of scientic works are devoted to the fundamental
foundations, theoretical, practical and methodological aspects of the
development of e-government in public management and administration,
which repeatedly emphasized the presence of such systemic barriers to
the development of e-democracy in Ukraine: uncertainty of public policy
in the specied area; imperfection of the regulatory system; low level of
involvement of civil society subjects in the processes of public policy
implementation in the eld of electronic democracy; insucient level of
information infrastructure development, uneven penetration of access
to the Internet and to informational computer technologies; low level of
awareness in society about the content and features of using various tools
of electronic democracy, as well as methods and auxiliary means of their
application; lack of motivational levers, level of knowledge and skills of civil
servants, ocials of local self-government regarding the development of
electronic democracy (Kalynovskyi et al., 2022).
Despite the considerable amount of theoretical and practical research in
the eld of e-governance and state mechanisms for its implementation, the
expediency of a comprehensive study of the issues of further development of
state mechanisms for the implementation and provision of e-governance in
the conditions of digital transformations does not lose its relevance. Among
the complex of main problems, the problem of improving the normative
and legal regulation of social relations during the use of information
technologies is extremely important.
The purpose of the article is to analyze the specics of normative legal
regulation of social relations in the eld of electronic governance and to
evaluate the modern achievements of Ukraine in its implementation and
development.
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The achievement of the set goal is subordinated to the solution of the
following tasks: to analyze the regulatory and legal framework on the
implementation of electronic governance in the bodies of executive power; to
outline the main goals and directions of implementation of e-government; to
determine the current state and trends in the development of e-government
in Ukraine.
3. Results and discussion
3.1. Normative legal regulation of public relations in the eld of
electronic governance
One of the prerequisites for the eective implementation of e-government
in any country is regulatory and legal support. Currently, Ukraine has
developed a lot of various normative legal acts that inuence and determine
the development of e-government. Among the most inuential of the latter,
the following should be noted: the Sustainable Development Strategy
«Ukraine - 2020» (Decree of the President of Ukraine № 5/2015, 2015),
the Government’s Medium-Term Priority Action Plan until 2020 (Decree
of the Cabinet of Ministers of Ukraine№ 275-r, 2017), the Strategy for
Reforming the State Administration of Ukraine for 2016-2020 (Decree
of the Cabinet of Ministers of Ukraine № 227-r, 2015), Concept for the
Development of Electronic Government in Ukraine (Decree of the Cabinet
of Ministers of Ukraine № 649-r, 2017), Concept of the development of the
system of electronic services in Ukraine (Decree of the Cabinet of Ministers
of Ukraine № 918-r, 2016), Concept of the development of the digital
economy and society of Ukraine for 2018-2020 (Decree of the Cabinet of
Ministers of Ukraine № 67, 2018).
In particular, the Sustainable Development Strategy «Ukraine-2020»
states that one of the priority reforms is the reform of «state administration,
the result of which should be the creation of an eective, transparent, open
and exible structure of state administration with the use of the latest
information and communication technologies (e-government) to ensure
the development and implementation of a comprehensive state policy
aimed at social sustainable development and adequate response to internal
and external challenges» (Decree of the President of Ukraine № 5/2015,
2015).
Among the main laws of Ukraine that directly aect and determine the
development of electronic governance, the following should be especially
noted: «On information» (Law of Ukraine № 2657-XII, 1992), «On the
National Informatization Program» (Law of Ukraine № 74/98-VR, 1998),
«On access to public information» (Law of Ukraine № 2939-VI, 2011),
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Legal and organizational foundations for delivering e-government
«On the protection of personal data» (Law of Ukraine № 2297-VI, 2022)
, «On electronic digital signature» (Law of Ukraine № 852-IV, 2013),
«On administrative services» (Law of Ukraine № 5203-VI, 2012), «On
electronic documents and electronic document management» (Law of
Ukraine № 851-IV, 2003) etc.
The decisions and orders of the Cabinet of Ministers of Ukraine had a
decisive inuence on the introduction of electronic governance, in particular:
«On approval of the Strategy for the development of the information
society in Ukraine» (Resolution of the Cabinet of Ministers of Ukraine
№ 208, 2003), «On approval of the procedure for the use of electronic
digital signatures by state bodies authorities, local self-government bodies,
state-owned enterprises, institutions and organizations» (Resolution of
the Cabinet of Ministers of Ukraine № 1452, 2004), «On approval of the
standard procedure for electronic document management in executive
authorities» (Resolution of the Cabinet of Ministers of Ukraine № 1453,
2004) etc.
For more than twenty years, regulatory and legal support for the
development of the information society in Ukraine and its important
component of electronic governance has been developed. Among all the
variety of adopted legal acts, the following main areas of regulation of the
implementation of electronic government can be distinguished: conceptual
and strategic principles; electronic document ow and electronic
digital signature; electronic services; participation of citizens in making
management decisions; protection of information and personal data;
functioning and content of web resources and web pages.
Let’s analyze in historical retrospect the main normative legal acts
that had the greatest impact on the development of e-government at the
national and local levels. First of all, it should be noted the resolution of the
Cabinet of Ministers of Ukraine «On the procedure for publishing on the
Internet information about the activities of executive authorities» (Decree
of the Cabinet of Ministers of Ukraine № 3, 2002), which provided for
posting and periodic updating by ministries, other central and local by the
executive authorities of departmental information on their own websites
and the creation of a single government web portal, the composition and
requirements for the information to be made public are determined.
The next step was the Decree of the Cabinet of Ministers of Ukraine
«On measures to create an electronic information system «Electronic
Government»» dated 24.02.2003 (Decree of the Cabinet of Ministers of
Ukraine № 208, 2003), one of the priority tasks of which was to provide
citizens and information and other services to legal entities through the use
of the electronic information system e-Government, which was supposed
to ensure informational interaction of executive power bodies with each
other, with citizens and legal entities on the basis of modern information
technologies.
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The main mechanism for implementing the task was to become a single
web portal of executive authorities, which should facilitate the integration
of websites, electronic information systems and resources of executive
authorities and the provision of information and other services using the
Internet.
The Law of Ukraine «On the Basic Principles of Information Society
Development in Ukraine for 2007-2015» (Law of Ukraine № 537-V, 2007)
aimed to implement mechanisms for providing information services by
state authorities and local self-government bodies to legal entities and
individuals using the Internet; determination of the status and list of
mandatory electronic services that must be provided by state authorities
and local self-government bodies to legal entities and individuals, ensuring
the implementation of the principle of a single access point (single window).
This law already clearly dened the problem of electronic interaction
between state authorities and local self-government bodies and natural and
legal entities.
Subsequently, in 2010, by order of the Cabinet of Ministers of Ukraine,
the «Concept for the development of e-government in Ukraine» was
developed and approved, in which the denition of e-government was legally
established for the rst time as «a form of public administration organization
that contributes to increasing the eciency, openness and transparency of
the activities of public authorities» and local self-government bodies using
information and telecommunication technologies to form a new type of
state focused on meeting the needs of citizens» (Decree of the Cabinet of
Ministers of Ukraine № 2250-r, 2010).
The introduction of e-governance provided for the creation of
qualitatively new forms of organization of the activities of state authorities
and local self-government bodies, their interaction with citizens and
economic entities by providing access to state information resources,
the ability to receive electronic administrative services, to contact state
authorities and local self-government bodies using the Internet.
The main tasks of the development of e-governance in Ukraine, which
should directly contribute to the improvement of the state administration
system, are dened as: ensuring the protection of citizens’ rights to access
to state information; involvement of citizens in the management of state
aairs; improvement of state management technology; improving the
quality of management decisions; overcoming «information inequality»,
in particular, by creating special centers (points) for the provision of
information services, population service centers (call centers), web portals
for the provision of services; organization of provision of services to citizens
and business entities in electronic form using the Internet and other means,
primarily on the basis of the «single window» principle; providing citizens
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Legal and organizational foundations for delivering e-government
with the opportunity to learn throughout their lives; depersonalization
of the provision of administrative services in order to reduce the level of
corruption in state bodies; organization of informational interaction of
state authorities and local self-government bodies on the basis of electronic
document circulation with the use of electronic digital signature; ensuring
the transfer and long-term storage of electronic documents in state archives,
museums, libraries, maintaining them in an updated state and providing
access to them (Decree of the Cabinet of Ministers of Ukraine № 2250-r,
2010).
The Concept should have had a huge impact on the development of
e-governance at the state and local level because throughout the entire period
of implementation, attention should also be focused on the implementation
of e-governance at the level of state authorities and local self-government
bodies (Decree of the Cabinet of Ministers of Ukraine № 2250-r, 2010).
However, the goal set in the concept was also not achieved, and the tasks
dened in the «Plan of measures for the implementation of the concept of
e-government development in Ukraine» (Order of the Cabinet of Ministers
of Ukraine № 1014, 2011), the implementation of which was supposed to be
completed in 2014-2015, were not fullled.
In particular, there were no an interactive system for assessing Ukraine’s
electronic readiness has been created, as well as a regulatory settlement
of the issue of creating a unied information and telecommunications
infrastructure of state authorities and local self-government bodies has not
been provided; typical organizational and technical solutions in the eld of
e-government were not implemented in the activities of state authorities
and local self-government bodies.
The reasons for the failure to fulll the assigned tasks or the delay in
solving them were analyzed in the Strategy for the Development of the
Information Society in Ukraine (Decree of the Cabinet of Ministers of
Ukraine № 386-r, 2013). Among the obstacles to the eective introduction
of e-governance, the following were noted: low level of computer literacy of
civil servants and local self-government ocials; attention was focused on
the fact that local self-government bodies, compared to central bodies of
executive power, have a signicantly lower level of information technology
support for administrative and management processes; in addition, digital
inequality in the use of information and communication technologies
persisted.
In the context of the implementation of e-government in Ukraine, the
normative legal acts that determine the basic principles of the functioning of
electronic document circulation and the use of electronic documents deserve
attention. First of all, it should be noted the laws of Ukraine «On electronic
documents and electronic document management» (Law of Ukraine 851-
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IV, 2003) and «On electronic digital signature» (Law of Ukraine № 852-
IV, 2003), which the use of electronic documents is regulated, the legal
status of electronic digital signatures and relations arising from the use of
electronic digital signatures are determined.
One of the main legal documents for the development of e-government
is the «Standard procedure for electronic document circulation in executive
bodies» (Decree of the Cabinet of Ministers of Ukraine № 1453, 2004),
which established general rules for documenting management activities
in executive bodies in in electronic form and regulated the performance
of actions with electronic documents from the moment of their creation
or receipt until they are sent or transferred to the archive of the executive
authority.
«Standard instructions for record keeping in central executive bodies,
the Council of Ministers of the Autonomous Republic of Crimea, local
executive bodies» (Decree of the Cabinet of Ministers of Ukraine № 1242,
2011) established general provisions on the functioning of structural
subdivisions for record keeping in central and local bodies of executive
power, requirements for documenting management information and
organization of work with documents, including their preparation,
registration, accounting and monitoring of execution.
Although the specied legal act was of a recommendatory nature for local
self-government bodies, it should be recognized that it became a kind of
basis for the development of real electronic interaction of state authorities
in Ukraine.
It is also necessary to note the importance of pilot projects for the
introduction of electronic governance technologies in state and local self-
government bodies, which were aimed at ensuring organizational-legal,
scientic-technical and nancial-economic conditions for the development
of the information society and were implemented in individual regions.
Thus, it can be argued that most of the problems of the implementation
of e-government at the national and local levels were due to imperfect
regulatory and legal support. In the «Concept for the Development of
Electronic Government in Ukraine» approved in 2017, such problems were
identied as: the lack of formation and imperfection of the regulatory and
legal framework regulating the eld of electronic government development;
insucient level of readiness of civil servants and employees of local self-
government bodies, individuals and legal entities for the introduction and
use of electronic governance tools; as well as digital inequality in the use of
information and communication technologies between authorities (Decree
of the Cabinet of Ministers of Ukraine № 649-r, 2017).
The main tasks for ensuring the development of electronic governance
in the main branches of Ukraine included: introduction of information
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and telecommunication systems to support management decision-making
and automation of administrative processes, including in the eld of
regional development and reform of local self-government and territorial
organization of power: introduction of urban cadastre; strengthening the
capacity of local communities to implement new powers by introducing
exemplary information and analytical systems (Decree of the Cabinet of
Ministers of Ukraine № 649-r, 2017).
In the approved «Concept for the development of e-democracy in
Ukraine» until 2020 and the plan of measures for its implementation
(Decree of the Cabinet of Ministers of Ukraine № 797-р, 2017), in particular,
it was envisaged to increase the level of application of e-democracy tools at
the local level, in including by expanding the use of the participation budget
tool, implementing the electronic consultation tool.
At the same time, apart from the public budget and general provisions
on establishing interaction and trust, the concept did not emphasize the
features and importance of the development of e-democracy at the local
level.
This can be explained by the fact that normative legal acts adopted at
the level of the Cabinet of Ministers of Ukraine and responsible central
bodies of executive power are not mandatory for implementation by local
self-government bodies and united territorial communities and are of a
recommendatory nature for them (Dmytrenko, 2018).
Thus, with the adoption of these normative legal acts, the obligation for
all bodies of executive power and self-government to comply with standard
instructions on record keeping and documentation and regulations for
the organization of electronic interaction has already been clearly dened.
They have a positive impact on the implementation of e-government at the
national and local levels.
On 05/03/2022, the Verkhovna Rada approved the Law on improving the
eciency of organizing the work of suppliers of electronic communication
networks and/or services under martial law. This Law will ensure the stable
functioning of the electronic communication network of the state in the
conditions of martial law and will prevent the interference of enemy forces
in its functioning. The Verkhovna Rada also has a draft Resolution on the
approval of the tasks of the National Informatization Program for 2022-
2024, submitted by the Cabinet of Ministers of Ukraine.
The result of the adoption of the Resolution will be the approval
of the tasks of the NPI and the implementation of informatization in
state authorities, in particular, digital development, development of
e-government, information society, digital innovations and technologies in
state institutions (Verkhovna Rada of Ukraine. Ocial web portal of the
Parliament of Ukraine).
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In Ukraine, in general, an appropriate legislative and regulatory
framework for e-governance issues has been created, but it is not
without such shortcomings as: non-systematic, declarative, incomplete,
vague, insucient mutual coherence of documents and compliance with
international norms.
The problem of the quality of the preparation of normative legal acts
at the state level remains relevant: in some places, the acts are developed
without conducting a thorough analysis of the problem, which requires legal
regulation and taking into account the risks of their introduction, public
discussion, conducting high-quality socio-economic and legal expertise,
taking into account the need for their interaction with other acts, etc. These
factors lead to the fact that Ukraine lags behind many leading countries in
the pace of e-government development.
The lack of a comprehensive legal mechanism for the implementation
of e-governance implementation, imperfect law enforcement practices, and
legal nihilism of citizens and businesses is still a problem (Semenchenko
and Konoval, 2012).
The Government’s long-term priorities are determined by the Program
of Activities of the Cabinet of Ministers of Ukraine, which is a framework
document and the content of which is revealed through: strategies – for
long-term planning; concepts - for short-term planning of individual
actions or determining the direction of work in a narrow eld; programs -
for the implementation of projects nanced from the state budget.
In our opinion, the problem of the slow implementation of e-government
in Ukraine is the lack of an appropriate strategy for the development of
e-government and a plan of measures for its implementation. No concept
can replace strategy as a long-term, strategic planning document. When
implementing e-governance, which aects absolutely all spheres of life,
there must be a comprehensive picture and a clear vision for the long term.
In our opinion, it is necessary to adopt a basic document that would
outline the strategic guidelines for the development and implementation
of e-government until 2030, and the development of the Strategy for the
Development of e-Government and, accordingly, the action plan should
take place in the context of sustainable development goals adapted by
Ukraine and have in order to achieve specic goals and indicators.
In the future, in accordance with the approved e-Governance Strategy
until 2030, appropriate state programs for the development of e-Government
with specic tasks, performers, indicators of task performance and amounts
of funding for a specic period should be adopted. As the experience of
foreign countries has shown, only a strong political will, aimed at achieving
clear objectives, enshrined in relevant strategies, programs, laws on the
development and implementation of e-government, with appropriate
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Legal and organizational foundations for delivering e-government
amounts of nancial resources, can positively inuence the development of
e-government in Ukraine.
It is also important to introduce long-term planning focused on the
development of defense and security capabilities aimed at restoring the
territorial integrity and sovereignty of Ukraine. Eective reform of the
defense industry and the defense procurement system depends on the
creation of an independent government body to ensure the eective
functioning of Ukrainian manufacturers of any form of ownership and
from NATO countries, in particular due to transparent access to the defense
market and state defense orders (Babych, 2019).
In general, it should be noted that the legislation of Ukraine, which
is directly related to the introduction and use of electronic government
technologies, despite its chaotic and fragmented nature, creates legal grounds
for the wide use of IT technologies, electronic document management and
electronic interaction of state authorities in public administration.
At the same time, the need for further development of regulatory
and legal regulations for coordination of eorts to eectively implement
e-government at the state, regional and local levels, solving compatibility
problems, as well as establishing cooperation between executive and local
self-government bodies, citizens and businesses regarding the development
of various tools and technologies has not disappeared. electronic
government.
3.2. Practical implementation of e-governance achievements in
Ukraine
In our opinion, the active creation of various electronic platforms and
services in Ukraine can be considered a practical embodiment of the concept
of a service-oriented state. The creation of the «Diya» portal can serve as
such an example. «Action» is an abbreviation that reects the interaction
of «State and I».
The main goal is to create a digital, transparent and understandable state
in which a person is at the center. «Diya» is an application in which all the
necessary documents are in one place, in a personal smartphone. «Diya» is
a single portal where you can get all services online: quickly, conveniently
and humanely (Government services online, n/y).
The countermeasure against the external aggressor especially made
the need to speed up the implementation of the strategy of maximum
digitization of management and economic processes and the involvement
of electronic services, expansion of the «Action» functionality.
The war forced millions of Ukrainians to immediately evacuate to safer
regions of the country or abroad. However, not everyone was able to take
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the necessary paper documents with them, and digital IDs in «Dia» were
not always opened, because since the beginning of hostilities, all state
registers were unlocked for security reasons.
In order to ensure quick conrmation of a person and his citizenship,
the Ministry of Digitization of Ukraine has developed «E Document»
(Resolution of the Cabinet of Ministers of Ukraine № 248, 2022) - a
temporary digital certicate in the mobile application «Diya», valid without
additional documents. It is recognized by state authorities, the National
Police, and the military at checkpoints.
Other electronic documents generated in the Diya mobile application
can also be used to identify a person in case of loss or destruction of
documents. Action Centers have the technical ability to check citizens’
digital documents and use sharing - obtaining their copies. Therefore,
during the period of martial law, customers of services at Diya Centers can
present digital documents.
Realizing that any funds signicantly help or save someone’s life, the
Cabinet of Ministers of Ukraine on March 2, 2022 removed restrictions on
the list of goods and services that can be paid for with the Yes Support card.
On March 4, 2022, the Government developed a mechanism for providing
one-time assistance in the amount of UAH 6,500 within the framework of
the «There is Support» program at the request of the recipient (Decision of
the Cabinet of Ministers of Ukraine № 199, 2022).
Assistance was provided to insured persons who work under the terms
of an employment contract (contract), a gig contract, a certain civil law
contract, on other grounds provided for by law, and to natural persons -
entrepreneurs.
The Ministry of Digital Transformation of Ukraine has launched a
new state service in the Diya mobile application - to register internally
displaced persons. The Ministry of Digital Transformation developed the
service together with the Ministry of Social Policy of Ukraine and with the
support of the United Nations Development Program in Ukraine and the
Government of Sweden. Currently, this service is valid for those who are in
Ukraine and did not previously have a corresponding status.
Also, the Ministry of Social Policy, together with the Ministry of Digital
Transformation and the UN Development Program in Ukraine, with the
nancial support of the Government of Sweden, developed the «Yes Help»
platform, which helps every victim of military aggression. Maidanchyk
combined the capabilities, resources and strengths of the state, business,
public organizations, charitable foundations and volunteers in providing
humanitarian aid to war victims, internally displaced persons and people
from vulnerable categories. Appropriate work is being done to attract
benefactors and volunteers to work with aid applications.
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The «There is Help» site contains structured information and
instructions on how to nd or provide help online or oine. At the moment,
the site has two main sections: monetary assistance from the state and
providing or receiving volunteer assistance.
The platform is convenient in that it allows you to quickly select those
requests for assistance that need to be fullled right now, with the ability to
focus eorts on a specic region or a specic product.
During the military operations on the territory of Ukraine, the
«VzayemoDiya» e-democracy platform temporarily changed its
functionality - volunteer communications specialists quickly created a
platform for quick and easy information search during the war. The relevant
sections are constantly replenished, and the resources are carefully checked
by a team of specialists.
Many Ukrainians were forced to leave the country and move to safer
cities abroad. In order to support Ukrainians in Poland, a new thematic page
was launched on the «Diya.Business» portal - «Help to Ukrainian citizens
in Poland», which contains information on: employment and vacancies;
information assistance hotline; useful vocations; advice on starting a
business in Poland, even if you do not have Polish citizenship; answers to
frequently asked questions: from documents conrming the legality of stay
to the validity periods of residence permits.
The section was created with the support of the Department of Trade
in Strategic Goods and Technical Security of the Ministry of Economic
Development and Technology of the Republic of Poland (TOP 10 electronic
services to help Ukrainians during the war). A special section with
information was also developed for those who were forced to leave for
Great Britain, and by browsing the site you can nd relevant information
on obtaining a visa, social benets, job vacancies, and running a business.
Ukrainian enterprises located in the zone of active hostilities can receive
assistance in transferring their facilities to the West of Ukraine. For this
purpose, a program for the relocation of Ukrainian productions has been
launched, which provides free state support for the relocation of enterprises
from the war zone. In just one month, 216 enterprises were evacuated
from the combat zone, most of which have already resumed work at a new
location (a single digital interaction platform was launched in Ukraine to
help with business relocation).
Also, from April 2022, the Parliament of Ukraine adopted in the rst
reading draft law № 7198 (Draft Law № 7198, 2022) on compensation for
real property damaged or destroyed during the war.
The «Damaged property» service in the «Diya» application allows
you to report destroyed and destroyed immovable property as a result of
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hostilities, acts of terrorism, sabotage caused by the military aggression
of the Russian Federation. In addition, in the «Diya» application, you can
transfer donations to the aid fund of the Armed Forces of Ukraine «Return
Alive».
A reliable alternative air alert notication tool is vital for people at war
- the Air Alert app for prompt response to the start and end of alerts. The
application receives information about both air strikes and street battles or
artillery shelling from responsible operators in the regional administrations
of Ukraine. Coordination of alarms is provided by the State Emergency
Service.
In addition, in March 2022, the Ukrainian online television service
«Diya.TV» appeared in the «Diya» application, which was launched to
prevent the occupiers from completely blocking Ukrainian television.
Thus, the modernization of public administration is carried out at an
active pace precisely in the direction of the development of the service
activities of the state, which aims to provide online services to the subjects
of the appeal in the coming years. The development of this direction
strengthens the inuence of external negative factors, which are, for
example, the inuence of military actions on the territory of Ukraine, the
COVID-19 pandemic, which caused the active use of remote work (both in
employment and in the eld of applications).
The need for the development of online services will objectively demand
from state authorities, local self-government bodies, budgetary and
communal institutions not only to modernize the material and technical
base for the fulllment of their own and delegated powers, but also to actively
implement infrastructure projects aimed at improving the communication
infrastructure (laying of Internet networks, operation of servers, hosting
companies, increasing the level of data security, etc.).
Rapid response to the needs and current requests of the population in
the conditions of martial law has become an indicator of the eectiveness of
cooperation between the authorities and citizens: the authorities promptly
respond to today’s challenges, safely, quickly, eciently and transparently
creating services and online services for citizens.
Conclusions
The analysis of regulatory legal acts regulating relevant social relations
showed the existence of a multi-level model of legal support for the
implementation of electronic governance, which combines legal norms
of dierent legal force, which have found their external consolidation in
acts of informational and administrative legislation, and also illustrates
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the mutual inuence and interaction of these industries rights in today’s
conditions.
Based on the assessment and comparison of the main trends in the
development of the country’s digital economy to solve the problems of the
development of the information society, simplication, decentralization,
deregulation, the development of institutional capacity and communication
support should be attributed to the key achievements and digital
opportunities of Ukraine in the direction of e-government.
Electronic governance mechanisms in the eld of telecommunication
networks (development of broadband subscriber access and
telecommunication network systems; modernization and optimization of
telecommunication infrastructure elements), e-commerce infrastructure
and online interaction of business entities (electronic interaction system,
e-commerce, road development map), digital skills and electronic document
circulation (modernization of infrastructure equipment; digital educational
resources, unied criteria for evaluating the quality of electronic documents,
delimiting access to information by various means of protection) to create
an eective public administration system using digital technologies.
In the conditions of the war on the territory of Ukraine, the formation
of strategic goals for ensuring cyber security has become important, in
particular, the formation of an eective model of relations in the eld
of cyber security, strengthening the capacity to combat cybercrime and
international terrorism, the development of international cooperation,
unication of approaches, methods and means of ensuring cyber security
with established EU practices and NATO.
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