Legal aspects of information security in Ukraine in the conditions of European integration and war

Purpose. To propose improvements in legal norms in the field of information security (IS). To substantiate the need to improve the legal categories IS. To establish the need to coordinate the course towards European integration in the field of information law in wartime conditions, provide legal substantiation for punishment for participation in information warfare on the side of the aggressor. Methodology. The method of induction and deduction made it possible to indicate that information warfare (IW) necessitates the need to expand the concept of IS and the interpretation of “cybersecurity” as its subcategory. The hermeneutic method allowed proposing the definition of legal categories in the field of IS. The method of comparative analysis allowed proposing improvements in the norms of information law and providing legal substantiation for punishment for participation in information warfare on the side of the aggressor. Findings. It is indicated that IW necessitates the need to expand the interpretation of the IS category. Security of information, “cybersecurity” should be defined as a component of IS. It is noted that IS is implemented as a balance in the conditions of constant active counteraction, one of the aspects of which is legal counteraction to information aggression. Not only the absence of a holistic national IS-system is indicated, but also the insufficiency of its systemic support. It is noted that the uncertainty of legal norms causes an increase in the discretionary powers of the judicial branch of government in the field of protecting the human right to information, which increases the responsibility for the democracy level in the country. Originality. The legal expansion of the definition of information as an object of protection to its definition as an instrument of harm is substantiated. It is indicated that the process of integration of legal norms of the EU and Ukraine necessitates the need for counter changes in EU legislation taking into account Ukraine’s experience in countering IW. The definition of legal categories of IS provided. Practical value. The proposed changes to legal norms and improvement of legal categories will contribute to reducing the level of uncertainty in the field IS.