The concept of state control in the sphere of the use of information technologies

Abstract

In the article, in order to determine the key characteristics of the concepts of «control» and «state control», a scientific review of their interpretation is conducted. The author's vision of the interpretation of state control in the field of information technology use is formulated. It is noted that control is a relationship between two parties, in which the first is the subject of control and exercises targeted observation and coordination influence on the second, that is, the object of control, in order to ensure compliance with its state, functioning process, with legally defined parameters, indicators, standards, etc. In the process of control, the subject has the right and opportunity to intervene in the operational activities of the controlled object and actually has the appropriate degree of power over it.

It is argued that the category of “state control” is characterized by the following aspects: 1) the term “state” in this context informs about the main and sole subject of its implementation – the state, represented by the authorities authorized by law, which possess the relevant rights, resources, and also bear legal obligations; 2) state control is strictly regulated by the legislation of Ukraine, which defines its boundaries, tasks, features, subjects and other mechanisms of implementation; 3) this type of control is based on the principles that are the basic principles of the entire public sector and guide the work of state authorities; 4) the object of state control is the activity of legal entities or individuals that has special social significance, consequences, critically affects society, the economy, and the environment, and therefore requires regulation and supervision by the state; 4) state control is carried out using a special system of measures, means, and methods that are of a state-authority (administrative), coercive nature, allowing not only to intervene in the operational process of the controlled object, but also to apply measures of legal liability.

It is concluded that state control in the field of information technology use is a public-authority activity of authorized authorities, which consists of a system of special administrative measures, means and methods of influence and consists in checking and monitoring individuals and legal entities who use information technology in socially important, critical areas or in a particularly significant format that affects public rights, freedoms and interests.