| On July 31, 2000 Ukraine President Kuchma
issued a decree entitled "On measures concerning the development of a national
global information Internet network and ensuring broad access to such a
network in Ukraine."
Broadly speaking, the goals of the decree
are to:
1) Create in the shortest time possible
the necessary economic, legal, technical and other conditions to permit
widespread access to the Internet for all citizens, educational establishments,
scientific and other institutions, governmental organizations and local
governing bodies and business,
2) Expand and improve the process by which
objective political, economic, legal, ecological, scientific-technical,
cultural and other information about Ukraine is placed on the internet
and the means by which such information can be accessed,
3) Ensure state support for the development
of Internet infrastructure and the creation of conditions for the development
of e-commerce, and
4) Resolve issues concerning security
of national information and ensuring that information, the disclosure of
which is prohibited by law, is not disseminated.20
This decree demonstrates that the government
of Ukraine recognizes that advances in Information Technology will contribute
to the well being of its citizens. However, the actual implementation
of these ideas may be a difficult task for Ukraine. The government
faces broad issues of transparency and may not yet be ready to surrender
its cloak of secrecy, a necessary step for having a broad vision for an
information society. In addition, the general business policies currently
in place have been widely criticized for the following reasons:
1) Ukrainian regulations are vague and
open to considerable leeway in interpretation and therefore provide ample
opportunities for corruption at most government levels.
2) Ukrainian laws are ever changing; in
fact when tax laws change (and they change frequently), they are changed
retroactively and fines imposed by the state tax authority are the highest
in the world.
3) Conducting business in Ukraine is subject
to an overly complex and lengthy amount of permitting and licensing procedures
and requirements.
4) There is poor enforcement of intellectual
property rights.
5) The Ukraine "shadow" economy has been
estimated at 60% of Ukraine's official GDP
6) Data and information can be difficult
to obtain, as the government does not release information that can be potentially
embarrassing to itself.
7) Monopolies continue to exist in Ukraine,
although the government says they publicly support privatization efforts.
In summary, Ukraine has not yet succeeded
in establishing a favorable policy climate for neither business nor the
specific industry of Information Technology.21
A historic look at IT policies can be grouped
as follows:
Information Security
-
The Security Service of Ukraine had responsibility
for information security beginning with the 1992 "Law on the Security Service
of Ukraine". While information security is not directly addressed in this
law, the agency is given a broad mandate for the protection of "government
sovereignty, constitutional structure, territorial integrity, economic,
scientific-technical and military potential of Ukraine"
-
The 1994 "Law on Government Secrets" assigned
primary responsibility for the protection of government secrets to the
Government Committee for the Defense of Government Secrets.
-
The president of Ukraine created in 1999 the
Government Committee of Communication and "Informatization" of Ukraine
by merging three related government agencies. This same decree created
the Government Committee of Information Policy. This organization's
specific responsibilities are outlined in the “Status of the Government
Committee of Information Policy.” The committee has primary responsibility
for the implementation of laws and decrees relating to information policy
and reports to the Cabinet of Ministers.
Information Content
Although the Ukrainian state government
includes organizations that are responsible for providing information to
the public, it has also pursued policies to restrict access to certain
forms of information. Specifically, the Presidential Decree “On the Development
of Spirituality, Defense of Morals, and Formation of a Healthy Way of Life
for Citizens” in 1999 forbids importing violent and pornographic materials.
The law does not specifically address access of this material through on-line
sources. 22
Information Systems
Responsibility for management of the physical
information network falls under the Government Committee of Communication
and Informatics.
IT seems to be rarely mentioned in legislation,
but the implications of new technology pervade all aspects of information
policy. One of the first official mentions of the Internet appears in the
1997 presidential decree "About the Decisions of the Council of National
Security and Defense of Ukraine of June 17, 1997." This mentions the importance
of improving government regulation of information relations. This
decree also mandated that, within a two-month time frame, the Ministry
of Communication should propose a single system of government communication
and that the ministry should find the most favorable terms to connect the
government network within Ukraine and to the Internet itself.
Slowly, Ukrainian legislation is beginning
to act on addressing the implications of new information technologies.
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