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LAW OF UKRAINE

of February 23, 2006 No. 3475-IV

About Public service of special communication and information security of Ukraine

(as amended on 30-03-2021)

This Law according to the Constitution of Ukraine determines the legal basis of the organization and activities of Public service of special communication and information security of Ukraine.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in the following values:

the state system of government communication - system of special communication which functions for the benefit of implementation of government in peace time, in the conditions of emergency state and during the special period with ensuring compliance with the legislation by transfer, acceptance and the information processing containing the state secret;

the state information resources - the systematized information available by means of information technologies, the right of possession, use or the order of which belongs to state bodies, the military forming created according to the laws of Ukraine, to the state companies, organizations and the organizations and also information which creation is stipulated by the legislation and processed by physical persons or legal entities according to the powers conferred to them subjects of powers of authority;

permission to work on technical information security for own needs - the document issued by the central executive body, providing forming and realization of state policy in the sphere of the organization of special communication, information security, telecommunications and uses of radio-frequency resource of Ukraine, certifying the right to carrying out separate work types in the sphere of technical information security for own needs;

allowing procedure for work on technical information security for own needs (further - allowing procedure) - the established conditions of carrying out and work types on technical information security for own needs; procedure for issue, renewal, suspension (renewal) of action, cancellation of permissions (copies and duplicates of permissions) on work on technical information security for own needs; procedure for control of observance of conditions of work on technical information security for own needs and responsibility for violation of these conditions;

the admission to operation - complex of organizational and technical actions for carrying out case studies of means of cryptographic information security, cryptographic algorithms, means, systems and complexes of special communication and state examination of their results for the purpose of establishment of possibility of their proper use;

expert researches - researches and the analysis of specific properties of means of cryptographic information security, cryptographic algorithms, means, systems and complexes of special communication with the purpose of check of their compliance to requirements of regulatory legal acts, assessment of security of information or their scientific and technical level;

means of cryptographic information security - program, hardware-software and the hardware intended for cryptographic information security;

means of special communication - hardware, hardware-software means which is intended for information processing with limited access as a part of system of special communication, but does not realize cryptographic transformations of information;

complex of special communication - set of the equipment and means of cryptographic information security, means of special communication, technically and functionally integrated for ensuring protection of the office information and/or information which is the state secret, held for use as a part of system of special communication;

the equipment of cryptographic protection - the device which is functionally interacting and/or exercising control of means of cryptographic information security and concerning which demands for creation and service conditions for the purpose of prevention of influence on cryptographic, engineering and cryptographic and special qualities of means of cryptographic information security are made;

subject to information activities - technical construction (room), the vehicle where the activities connected with the state information resources and information which requirement concerning protection is established by the law are performed;

counteraction to technical investigations - complex of the legal, organizational and technical actions directed to prevention or complication of production by means of technical investigation of information with limited access which requirement concerning protection is established by the law, about arms samples, the military and special equipment, objects of defense industry complex, military and other facilities, activities of state bodies, military forming formed according to the laws of Ukraine, the companies, organizations and organizations for the benefit of defense and safety of the state;

special communication - the communication providing transfer of classified and/or office information by application of the relevant organizational and technical activities;

system of special communication - set of the equipment, means, complexes and systems of processing, transfer, technical and cryptographic information security, organizationally, technically and functionally united in whole, intended for providing users with special communication;

system of technical information security - set of the subjects performing activities in the sphere of technical information security, the regulatory legal acts regulating their activities and also material and technical resources in this sphere;

case studies - researches on establishment of compliance of means of cryptographic information security, cryptosystems, cryptographic algorithms, means, systems and complexes special communications to requirements of tactical specifications on their creation, regulatory legal acts in the sphere of cryptographic information security, and also to requirements for protection against information leakage for channels of collateral electromagnetic radiations and aimings;

government communication - special communication which provision is provided with the state system of government communication;

governmental courier communication - acceptance, processing, transportation and delivery (delivery) of correspondence containing the data which are the state secret, and/or office information (further - correspondence), official mail and diplomatic mail of the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Prime Minister of Ukraine, state bodies, local government bodies, bodies of military management, foreign diplomatic organizations of Ukraine.

Article 2. Status of Public service of special communication and information security of Ukraine

1. Public service of special communication and information security of Ukraine is state body which is intended for ensuring functioning and development of the state system of government communication, National system of confidential communication, forming and realization of state policy in spheres of cryptographic and technical information security, cyberprotection, telecommunications, uses of radio-frequency resource of Ukraine, mail service of special purpose, government courier communication, and also other tasks according to the law.

2. Public service of special communication and information security of Ukraine aims the activities at providing homeland security of Ukraine from external and internal threats and is compound safety of the sector and defense of Ukraine.

Article 3. Main objectives of Public service of special communication and information security of Ukraine

1. The main objectives of Public service of special communication and information security of Ukraine are:

forming and realization of state policy in the sphere of cryptographic and technical information security, cyberprotection, telecommunications, uses of radio-frequency resource of Ukraine, mail service of special purpose, government courier communication, protection of the state information resources and information which requirement concerning protection is established by the law, in information, telecommunication and information and telecommunication systems (further - information and telecommunication systems) and on subjects to information activities, and also in spheres of use of the state information resources regarding information security, counteraction to technical investigations, functioning, safety and development of the state system of government communication, National system of confidential communication;

Participation in forming and realization of state policy in spheres of electronic document management (regarding information security of state bodies and local government bodies), electronic identification (with use of electronic confidential services), electronic confidential services (regarding establishment of requirements for safety and information security by provision and use of electronic confidential services, control of observance of requirements of the legislation in the sphere of electronic confidential services);

providing in accordance with the established procedure and within competence of activities of the subjects who are directly fighting terrorism.

Article 4. Principles of activities of Public service of special communication and information security of Ukraine

1. Activities of Public service of special communication and information security of Ukraine are based on the principles of supremacy of law, ensuring compliance with rights and freedoms of man and citizen, continuity, legality, ensuring unity of state policy, openness for democratic civil control, transparency, extra party membership.

2. Public service of special communication and information security of Ukraine is effective by the principle of one-man management.

Section II. General structure, number and organization of activities of Public service of special communication and information security of Ukraine

Article 5. General structure and number of Public service of special communication and information security of Ukraine

1. Public service of special communication and information security of Ukraine has the following general structure:

the central executive body providing forming and realization of state policy in the sphere of the organization of special communication, information security, telecommunications and uses of radio-frequency resource of Ukraine;

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