Administrative and Legal Bases of Digital Transformation in the
Field of Human Rights Protection in Ukraine
Oleksandr Sikorskyi
1a
, Iryna Dmytruk
1b
and Volodymyr Suprun
2c
1
Admiral Makarov National University of Shipbuilding, 54025, Ukraine
2
Kropyvnytskyi Institute of State and Municipal Administration, 25026, Ukraine
Keywords: Information Society, Digital Technologies, Public Relations, Human Rights Protection Mechanism, Ministry
of Digital Transformation of Ukraine, Legal Regulation, Generation of Human Rights, Sphere of Digital
Transformation, Digital Transformation, Digitalization, Information and Communication Technologies.
Abstract: This article is devoted to the study of the essence of administrative and legal principles of digital
transformation in the field of human rights protection in Ukraine. The main domestic legal acts adopted in
recent years in the field of research and legal relations, within which there are features of human rights
protection in the digitalization of society, analyzed their main problems and possible ways to solve them.
1 INTRODUCTION
The establishment of Ukraine as a modern
democratic, social and legal state obliges it in all ways
to ensure the establishment of human rights as
defined by the Constitution of Ukraine and
international law (Constitution of Ukraine, 1996). In
turn, the rapid development and use of digital
technologies, their active deployments - tion in
various areas of public life, increasingly stimulating
modernization of the Ukrainian legal system, which
primarily requires our state qualitatively renewed
understanding and transformation of legal regulation
and the implementation of constitutional rights
human in the context of digital transformation. Given
this, one of the priorities is to create a mechanism for
quality assurance and protective mean - those human
rights, which would correspond to modern realities.
This issue is especially relevant in the context of
the COVID-19 pandemic, because, on the one hand,
the state, taking precautions to spread the infection, is
forced to significantly restrict human rights, and, on
the other hand, there is a need to optimize human
rights mechanisms, including in digital format. In
turn, this necessitates a comprehensive, in-depth
study of the administrative and legal foundations of
a
https://orcid.org/0000-0002-7411-0937
b
https://orcid.org/0000-0002-2228-0889
c
https://orcid.org/0000-0002-5290-3493
the digital transformation in the field of human rights
protection at the present stage and prospects for their
development.
At the same time, revolutionary changes in one
sphere of human life cannot but affect the
transformation of other spheres. We focus on such
topical issues as the development of the information
society and technologies, which certainly influence
the development of human rights theory and the
formation of their future generations.
2 MANUSCRIPT PREPARATION
2.1 The Concept and Content of the
Concept of "Digitalization"
Considering the main material of the study, it should
be noted that the general mechanisms of human and
civil rights and freedoms during the introduction of
information and telecommunication technologies are
characterized by casuistic tendencies of inconsistency
of the current state with the model of good public
governance (Podzigun, 2021). As a result, this
situation distorts the mechanism of legal regulation of
both new and existing legal relations.
Sikorskyi, O., Dmytruk, I. and Supr un, V.
Administrative and Legal Bases of Digital Transformation in the Field of Human Rights Protection in Ukraine.
DOI: 10.5220/0011342000003350
In Proceedings of the 5th International Scientific Congress Society of Ambient Intelligence (ISC SAI 2022) - Sustainable Development and Global Climate Change, pages 93-99
ISBN: 978-989-758-600-2
Copyright
c
2022 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
93
First of all, this is due to legal uncertainty, the lack
of a unified approach to understanding the concept of
"digital transformation" and the debatable use in the
domestic scientific field of English terms
"digitalization", "digitization" and "digital
transformation".
According to V.S Kuybida, O.V. Karpenko and
V.V. Namestnikova, digital transformation is defined
as changes in the nature of man, his thinking, life and
management caused by the use of digital technologies
(Kuybida, et al., 2018).
One of the most complete definitions of this
phenomenon is given in his study by V.B.
Marchenko, who defines digital transformation as a
process of state influence on society as a whole, its
institutions, the apparatus state itself, economy and
business in order to implement digital information
and communication technologies. relations through
both purely public law activities and public-private
partnerships (Marchenko, 2019).
Analyzing the term "digital transformation", G.V.
Podzigun states that "digital transformation" should
be understood as the process of implementation of
information and communication technologies in the
most important spheres of society to ensure the proper
functioning of man, society, state and their interaction
with each other. These technologies, in her opinion,
are the processes of informatization, computerization,
robotics and digitalization, which form the specifics
of public relations in the digital sphere of Ukraine
(Podzigun, 2021).
It should be noted that the process of digital
transformation of the Ukrainian state is a relatively
new phenomenon, it has its direct manifestation in the
absence of an appropriate regulatory framework and
the predominance of bylaws in this area.
In particular, it should be noted that this process
in modern science is defined by the term
"digitalization". Digitalization is a common form and
method of management, which has a very significant
potential (tools) in the activities of public authorities
and local governments and has all the necessary
principles to achieve the goal - improving the system
and model of community management; empowering
the community in the context of the introduction of
modern forms of democratic processes in all the
diversity of manifestations of the information
technology society. At the same time, digitalization
requires modern legal support in order to prevent
negative manifestations of illegal use of information
and existing databases in the operational management
of public authorities to violate the private and public
law interests of society.
The issue of digitalization and its impact on social
processes has become the subject of attention of the
general scientific community. As evidenced by
numerous scientific codes, conferences, seminars and
more. One of such events dedicated to the legal
aspects of the impact of digital transformation on the
institution of human rights is the International
Scientific and Practical Internet Conference, which
took place on March 30, 2021 in Khmelnytsky. A
number of works were devoted to a range of issues
related to the transformation of these areas, their
impact on society as a whole and the institution of
human rights, in particular.
Thus, we will focus primarily on the
characteristics of the legal field of digital
transformation processes (digitalization) and their
impact on the human rights institution.
Thus, the legal basis for the overall process of
digital transformation of our country was the adoption
in November 2017 of the Order of the Cabinet of
Ministers of Ukraine "On approval of the Concept of
e-democracy in Ukraine and action plan for its
implementation" 797-r. The concept provided for
the formation of the foundations of various forms of
e-democracy in two stages in order to increase citizen
participation in state-building and public
administration, and their main components of
development were:
- e-parliament;
- e-voting;
- e-justice;
- e-mediation (pre-trial decision disputes);
- e-referendums;
- e-consultations;
- e-petitions;
- e-political campaigns;
- e-polls (On the approval of the Concept for the
development of e-democracy in Ukraine and the plan
of measures for its implementation: Order of the
Cabinet of Ministers of Ukraine dated 08.11.2017).
To some extent, the legal consolidation of the
digital transformation in the field of human rights has
resulted in legislative changes to:
- Law of Ukraine "On Citizens' Appeals"
393/96-ВР dated 02.10.1996 in the part on electronic
petition (Article 23).
- Code of Ukraine on Administrative Offenses №
80731-X of 07.12.1984 in terms of liability for illegal
access to information in information (automated)
systems, illegal production or distribution of copies
of databases of information (automated) systems
(Articles 212-6);
- Law of Ukraine "On Administrative Services"
№ 5203-VI dated 06.09.2012 in terms of granting the
ISC SAI 2022 - V International Scientific Congress SOCIETY OF AMBIENT INTELLIGENCE
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right to apply for free information on administrative
services and the procedure for their provision, which
is ensured by providing them with free access to the
Unified State Web Portal of Electronic Services, the
functioning of telephone information and informing
such entities through the media (Article 6), etc.
Taking into account the fact that judicial
protection of human rights is the most effective and
efficient, for the implementation and development of
electronic justice as one of the key areas of digital
transformation in Ukraine, the Strategy for reforming
the judicial system, legal proceedings and related
legal institutions for 2015-2020 was developed
(Decree of the President of Ukraine No. 276/2015
from 20.05.2015, lost the rank of 15.06.2021) and the
Strategy for the development of the system of justice
and constitutional judiciary for 2021-2023 (Decree of
the President of Ukraine No. 231/2021 dated
11.06.2021). According to the provisions of these
strategies, the introduction and improvement of the e-
justice system will contribute to the establishment of
the rule of law, which is based on a high level of legal
culture, the activities of all subjects of public relations
based on the rule of law and the protection of human
rights and freedoms, and in case of their violation,
their fair restoration in reasonable terms.
Another manifestation of the digital
transformation process in the field of human rights
protection in Ukraine is the adoption by the Order of
the Cabinet of Ministers of Ukraine No. 1353-r dated
October 28, 2020, the Strategy for the digital
transformation of the social sphere, determined by the
specifics of the directions and tasks of complex
digital transformation in the field of social protection
of the population based on uniform approaches,
standards and technologies by creating a unified
information base of the social sphere, eliminating
duplication of processes and functions of social
protection institutions, standardizing and automating
citizens' appeals in the social sphere, their centralized
monitoring, as well as the transition of social
protection institutions to electronic document
management, etc.].
Not possible to mention that further intensive
development process of digital transformation in
2019 established the Ministry of digital
transformation of Ukraine, which provides
development and implementation state policy in the
areas of: digitization, digital development of the
digital economy, digital innovation, e-government
and e-democracy, information society development,
informatization, etc. The main goal of the Ministry is
to implement the project "Digital State", which will
later unite all departments into a single convenient
and effective online system "Action" ("State and I").
Considering the problem of administrative and
legal principles of digital transformation in the field
of human rights protection, it is appropriate to
separate areas of legal relations, within which there
are features of human rights protection in the context
of digitalization of society.
As already mentioned, judicial protection of the
rights, freedoms and interests of man and citizen has
been and remains the most effective and efficient, and
is a guarantee of the rule of law and is guaranteed by
the Constitution of Ukraine. And given the realities of
today, the concept of electronic justice (e-justice) is
more relevant than ever.
One of the consequences of the use of information
and communication technologies is the creation of the
Cabinet of electronic services, which allows you to
file a lawsuit in electronic form using the Unified
Judicial Information and Telecommunication System
in accordance with procedural codes (Code of
Administrative Procedure of Ukraine, Civil
Procedure Code of Ukraine, Commercial Procedure
Code of Ukraine), updated in 2017.
In addition, the Order of the State Judicial
Administration of Ukraine 196 of 23.04.2020
provides that the parties in the case may participate in
the hearing by videoconference and outside the court
premises using their own technical means. However,
this possibility is allowed only during quarantine
restrictions. Also, it should be added that this
normative legal act determines not so much the
procedure for confirmation of persons, participants in
cases, but so much the procedure for technical support
of this process.
Thus, the above transformations have partially
ensured the introduction of e-litigation in Ukraine,
but, for example, videoconference hearings are still
an additional way of participating in court hearings at
the initiative of the parties, and the final decision is
made by the presiding judge in court of the relevant
technical capability (availability of equipment and the
possibility of its use on a certain day and time)
(Podzigun, 2021).
In turn, the risks of technical impossibility of
participating in a video conference outside the
courtroom, interruption of communication, etc. bears
the participant in the case who submitted the relevant
application. In addition, the main way to confirm a
person, a participant in a case, is an electronic
signature, and the decision on the possibility of
confirming a person with the help of other documents
is made by a judge, who allows limiting the right of
Administrative and Legal Bases of Digital Transformation in the Field of Human Rights Protection in Ukraine
95
access to court for persons who do not have such a
signature.
Another effective element of the human rights
protection mechanism is the right to send individual
or collective written appeals or personally apply to
state authorities, local self-government bodies and
officials and officials of these bodies, who are obliged
to consider the appeal and give a reasoned response
within the time limit established by law. According to
Art. 5 of the Law of Ukraine "On Citizens' Appeals"
provides that a written appeal can be sent using the
Internet, electronic communications (electronic
appeal). In an electronic appeal, in addition to general
requirements, an e-mail address must be indicated to
which a response can be sent to the applicant, or
information about other means of communication
with him.
For example, on the official website of the
Ministry of Digital Transformation, in the "Appeal"
section, it is indicated that a person can submit an
appeal by mail to the address of the Ministry or by
submitting an electronic appeal in a certain form by
filling in the necessary data - last name and first name,
phone number, text of the appeal, electronic mail and
a link to the page on social networks.
Another example is the ways citizens contact the
Vinnitsa Regional State Administration, which are
carried out by phone or by holding a personal
reception, and the information portal of the Sumy
City Council provides for citizens to apply
exclusively in electronic form, by filling in
information by last name and first name, telephone,
e-mail, text of the appeal, address of residence, etc.
(Podzigun, 2021).
A special form of collective appeal of citizens is
electronic petitions, the characteristic features of
which, according to the analysis of Article 23-1 of the
above-mentioned law, are: a) the presence of a special
addressee (the President of Ukraine, the Verkhovna
Rada of Ukraine, the Cabinet of Ministers of Ukraine
and local authorities); b) an exceptional procedure for
submission (by filling out a special form on the
official website of the body to which it is addressed,
or on the website of the public association collecting
signatures); c) an electronic petition is subject to
consideration, provided that at least 25,000 signatures
are collected in support of it within no more than three
months. For local petitions, the number and term of
their meeting is established by the charter of the
territorial community.
The statistics of the use of this digital
transformation tool by the citizens of Ukraine
demonstrates a growing potential. So, during the
existence of the platform Unified Platform of Local
Electronic Democracy (since 2018), 21676 local
petitions were submitted using the toolkit, 4228 of
which were supported; 31751 problems were brought
up for general discussion, 25475 of which were
solved.
However, such appeals are not even generally
binding, so their creation is still more of an instrument
of access to information than an effective instrument
for the protection of human rights.
The latest technologies in all spheres of public life
are becoming more widespread due to significant
convenience for consumers, including online
financial services. Accordingly, with the transition of
customers to online, the algorithm of service
provision changes somewhat.
It is important to add that the development of
modern technologies and their implementation in all
spheres of public life have changed the vector of
development of society as a whole, and not only have
become an effective tool for citizens to protect their
existing rights, but also have led to the emergence of
new, so-called information rights. Some scientists
refer to these rights exclusively as information rights
and technologies (Golovistikova, et al., 2008). In
turn, D.M. Shebanits, among the rights of the fourth
generation, distinguishes the right to use virtual
information (Shebanits, 2015).
According to the author, the emergence of the
fourth generation of human rights is associated with
the processes of democratization, humanization,
informatization, development of computer
technology, with some research in science, medicine,
biology, cybernetics, space (Shebanits, 2015).
The position of D.M. Shebanitsa on the further
development of the theory of generations of human
rights: “Obviously, the body of rights that need
protection in today's integration environment will
inevitably expand. Therefore, it seems that in the near
future there will be the fifth, sixth, seventh generation
of human rights (Shebanits, 2015).
However, humanity started talking about their
existence in a pure form relatively recently, because
they are considered the rights of the fourth generation
of human rights, which is emphasized by A.B.
Vengerov (Vengerov, 2000). Given this, there is a
need for high-quality monitoring and protection,
including the rights of the fourth generation.
For example, in Ukraine, this research is being
carried out by the Human Rights Platform NGO,
which in 2018, with the support of Counterpart
International, is implementing a project to monitor
human rights violations online, which includes both
the process of tracking violations and their legal
analysis. According to the December 2020 Human
ISC SAI 2022 - V International Scientific Congress SOCIETY OF AMBIENT INTELLIGENCE
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Rights Platform report, they identified the following
violations:
- 1 (one) fact of violation of digital rights of a
general nature in the form of restriction of access to
the Internet, which applies to 240 web resources;
- 29 (twenty-nine) facts of violation of digital
rights of an individual nature, which relate to the right
to freedom of expression in the digital environment;
- 3 (three) potential threats to freedom of speech
and the right to privacy on the Internet in Ukraine, as
evidenced by 11 (eleven) cases of potential violations
of digital rights identified during monitoring.
Analyzing the above monitoring results, we can
conclude is that Ukraine already looming problem on
creation quality mechanism for the protection of
digital rights.
An interesting way to solve this problem is
provided by O.S. Yeliseyeva and V.V. Lazarev, who
propose to create an institute of the Commissioner of
the Verkhovna Rada of Ukraine for the Protection of
Digital Rights, which will also operate at the regional
level. As an argument for their opinion, they cite the
fact that despite the existence in Ukraine of the
Institute of the Commissioner of the Verkhovna Rada
of Ukraine, which has both general specialization and
industry, annually in Ukraine recorded tens of
thousands of violations of fundamental rights
(Eliseeva, & Lazarev, 2021)
For modern Ukraine, the issue of digital
transformation (digitalization) is one of the key issues
in forming a quality management system both at the
state level and at the level of territorial communities,
which should ultimately have a positive impact on
human and civil rights and freedoms provided by the
state. However, these processes are not without a
number of problematic issues:
1) The development of the information
component in the management system requires
significant financial resources, including - technical
re-equipment of public authorities and local
governments, the need to provide high-quality high-
speed Internet regions (especially in rural areas),
information education aimed at providing basic
knowledge the specified sphere;
2) For the eighth year in a row, the hybrid war of
the Russian Federation against our state has been
going on in Ukraine, and one of the aspects of the
hybrid war is its information component, information
and psychological warfare, which is actively used by
the latter. Threats in the information sphere can be
one of the biggest challenges for our country at the
moment. provocative messages were posted on these
sites. However, information warfare includes not only
hacker attacks on government sites - it is only part of
a complex issue, given the wide range of forms and
methods of information warfare. Further study of
ways, methods, means and channels of realization of
threats to national interests at the information level
and their timely detection, prevention and
neutralization is a very important scientific and
practical problem in addressing information
sovereignty and information security, citizens' rights
and more.
2.2 Directions for Improving the
Institution of Human Rights
However, it is necessary to highlight some
shortcomings in these processes. Thus, the
shortcomings include the lack of a systematic
approach to the implementation and implementation
of elements of digitalization in the local level, ie the
level of the territorial community, in particular we see
the lack of common basic policy documents for
further development of local government in Ukraine.
electronic resources.
Another aspect that should not be forgotten in the
development of the information sphere and with it
human rights is the further emergence of new human
rights, which will be characterized by a complex
nature, a kind of "hybrid". Given the pace of
technology and public relations, the geopolitical
nature of these changes, we estimate that in the next
two decades we will face the formation of a
fundamentally new generation of human rights,
which will retain human characteristics, but will be
hybrid combination
One of the first steps towards regulatory
regulation in the field of artificial intelligence at the
national level is the adoption of the Order of the
Cabinet of Ministers of Ukraine "Concepts for the
development of artificial intelligence in Ukraine"
from 02.12.2020 1556-r. According to which, the
introduction of information technology, part of which
is artificial intelligence technology, is an integral part
of the development of socio-economic, scientific and
technical, defense, legal and other activities in areas
of national importance.
At the same time, the Concept emphasizes that the
lack of conceptual foundations of state policy in the
field of artificial intelligence does not allow to create
and develop a competitive environment in these
areas. One of the problems facing Ukrainian society
today is the lack or imperfection of legal regulation of
artificial intelligence (including in the fields of
education, economics, public administration,
cybersecurity, defense), as well as the imperfection of
legislation on personal data protection.
Administrative and Legal Bases of Digital Transformation in the Field of Human Rights Protection in Ukraine
97
Among the expected results of the Concept are a
significant improvement in the quality of
management decisions, improving the quality of
administrative services provided to citizens and
businesses, reducing corruption, the formation of
service-oriented public policy.
Thus, their impact is twofold, as the Institute of
Human Rights stimulates the widespread use of
information technology for maximum volume and
convenience of their quality, and the reverse effect of
the development of information technology and
artificial intelligence on the Institute of Human Rights
is observed today.
3 CONCLUSIONS
Analyzing the above, we can conclude that in the
modern world, the achievements of information and
communication technologies are used in various
spheres of public life. In the context of the rapid
development of the sphere of digital transformation,
the process of realizing the rights of citizens becomes
important, because human rights and freedoms
determine the content and direction of the state's
activities, the latter, in turn, creates the appropriate
conditions for their implementation in a digital
society. However, for greater efficiency, it is
necessary to use a systematic approach to the
implementation and implementation of its elements,
which primarily concerns clarifying the conceptual
apparatus and creating basic program documents that
will provide clear mechanisms and methods for
protecting human rights in the era of digital
transformation.
Particular attention should be paid to the digital
transformation of public administration at the local
level. For Ukraine, the digitalization of local
government management processes - that is, at the
level of the territorial community - should be a
promising direction of development. Also, the
existing program opportunities for digitalization in
Ukraine as a tool for local governance need to be
significantly expanded, as the digital transformation
shows us the urgency of implementing an important
modern trend - the transition from public control to
public initiative.
It has been speculated that the fifth generation of
human rights, hybrids, will develop in the next ten to
twenty years. Its peculiarity is the spread of the
concept of "human rights" in cyberspace and the
further development of artificial intelligence, the
interaction of these institutions will require
expanding the institution of human rights, filling
them with new content and forming international
(regional) standards.
Today, all spheres of public activity need
information support, and at the same time information
activity itself needs clear legal regulation, first of all,
from the standpoint of security. Thus, a wide range of
problems of organizational and legal support for the
functioning of the information field acquires
important theoretical and practical significance. And
if we take into account the European integration
aspirations of Ukraine, there is a need to develop a
joint with the European Union and Ukraine a special
legal act, which would establish the limits of
responsibility of specific actors for the use of
information weapons and information warfare,
provides forms and methods impact.
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