The article is devoted to the analysis of the genesis of the concept of «critical infrastructure» in the Ukrainian legal field and the definition of the role of the SBU in countering criminal offenses at its facilities in the system of ensuring national security. In the context of hybrid warfare, cyber threats and the growing vulnerability of Ukraine’s life support systems, the concept of the term “critical infrastructure” has acquired significant legal and criminological significance. The article examines the evolution of the term from its initial use in military terminology to its modern understanding as a complex of physical and virtual systems that ensure the stable functioning of the state, society and economy. Based on the analysis of international experience, in particular the legislation of the USA and the European Union, the formation of the concept of critical infrastructure is traced, starting from the 1980s, when in the USA it was defined as a set of interconnected elements that support the social structure, to modern European approaches that emphasize multisectorality and the prevention of cascading effects. In Ukraine, the formation of the concept began later, its formation is due to the historical features of post-Soviet development and modern challenges and threats. The key stages were the publication of the “Green Book” (2015) and the adoption of the Law of Ukraine “On Critical Infrastructure” (2021), which implemented a risk-oriented approach to the definition and protection of critical infrastructure. Particular attention is paid to the criminal law aspects of protecting critical infrastructure facilities. The article analyzes modern threats, in particular terrorism, sabotage and cyberattacks, which pose an existential threat to the national security of Ukraine. A classification of crimes against critical infrastructure is proposed according to the criteria of focus, technological vector and degree of cascading consequences. Attention is focused on the need to improve the tactics of ensuring investigations, in particular through the use of digital forensics, explosives examination and international cooperation. Gaps in the current legislation are identified, in particular the lack of special norms for criminal liability for encroachment on critical infrastructure facilities, and a number of measures are proposed to eliminate them, including the codification of methods for categorizing facilities, the creation of specialized procedural management groups, and the improvement of personnel training. It is emphasized that the genesis of the concept of «critical infrastructure» in Ukraine reflects the transition from an economic to a comprehensive criminal-legal understanding. An integrated risk-oriented approach is proposed, which combines system-functional and sector-categorical classification for effective protection of critical infrastructure and counteraction to criminal encroachment.
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О. М. Herasymenko
Security Service of Ukraine
Analytical and Comparative Jurisprudence
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О. М. Herasymenko (Sun,) studied this question.
synapsesocial.com/papers/68d454c531b076d99fa5a164 — DOI: https://doi.org/10.24144/2788-6018.2025.04.3.22