A.Y.Zhatkanbaeva, A.T. Salykhbayeva
Faculty of Law, al-farabi
Kazakh National Univercity, Almaty. Republic of Kazakhstan
Republic of Kazakhstan, Almaty
Ensuring information security in the Republic of Kazakhstan: legal aspects
Abstract. In the advanced countries of the world the development
of information infrastructure and information environment is under State
control. Another important issue in the field of information security is to
reduce information independence, although its achievement in the modern world
is a utopia. Global communication reduces the role of the State at the national
information field. Impossible or very expensive to ensure State control over
the flow of information. Multinational companies often surpass national thanks
to technical equipment and greater media audience. In order to ensure the availability of cellular
communication to the general public, the Commission on human rights had
recommended to the Government of Kazakhstan to take effective measures to
promote competition in the provision of services of cellular communication in
Kazakhstan and reduction of cellular communication services. Positive
experience of a number of countries. For example, the Government of Japan,
Singapore, Malaysia has reduced prices on the Internet and it service
providers. The most serious problem is the question of the definition of the
role and place of Kazakhstan in the world that is largely determined by the
level of information, awareness and information protection.
Key words: Legal information, safety, information,
informational security.
Introduction
Information is a national asset, regardless of the
variety of ownership on it. It is capable of being transformed and magnified
only if there is information and order information is the Foundation of
faithful and quality of Government decisions and, therefore, determines the
direct relationship between them and the normal functioning of the State and
public institutions. Accordingly, the State's interest in ensuring smooth and
timely receipt of objective and reliable information, to protect from any
unlawful influence on the information system of its storage and traffic, as
well as using it only for the benefit of the individual, society and the State.
The economic, social and information security are of great importance in
connection with the processes of globalization, which largely determine the
stability of the State and are the key to identifying its place in the world
system. Globalization has affected all
aspects of the development of society, and focused on both the economic and
social aspects. Not escaped globalization processes and Kazakhstan.
"Kazakhstan has become part of the global economy;
it is already involved in global processes. Whether we like it or not,
globalization is already covered all areas of our State. No country today can
exist outside the context of globalization. The autonomous development it has
been closed, because it has no future. And even though there are different
assessments of the phenomenon-from supporting up to tough critics, undoubtedly
one: globalization is the faits accomplis. The world is open, and so
interdependent and one organism. The status of its individual parts, that is,
countries, regions, directly depends on the overall global system, global
political and economic environment. Therefore it is so important that
Kazakhstan has developed in unison world trends "[1].
The aim of the
research is a detailed analysis of the major theoretical issues of constitutional
and legal framework for information security in the Republic of Kazakhstan
The objects of the
research are the legal relations arising
in
the
process of securing the safety of individuals, society and
the state.
Main body
Problem is the
question of the definition of the role and place of Kazakhstan by the level of
information, awareness and information protection.
The most serious problem is the question of the
definition of the role and place of Kazakhstan in the world that is largely
determined by the level of information, awareness and information protection.
If at the end of the 20th century development
priorities were: the size of the territory, or the population, gross national
product and the development of the banking sector, the political focus and the
level of national culture, the twenty-first century defines other requirements
relating to the activities of transnational corporations, among others,
intellectual potential and development of media infrastructure. In political
science the term-a new level of information independence of the population,
that is, its ability to receive, use, produce and transmit information is the
real indicator of the possibility of joining the people of this State in an
information society. In this regard, the most urgent question of the digital
divide. In the late 20th century there was a gradation of social level
"information poverty". This concept reflects the growth of the social
definition of a new principle-the principle of access to information and
communication technologies. In terms of development of the global information
society, ICT access is equivalent to the level of access to knowledge and
influences both internal processes and is an indicator of democratic processes
and social level. "The information gap can be defined as unequal
opportunities in terms of access, use and production of information and
knowledge, as well as the use of ICT for development. This kind of inequality
reflects the combination of common socio-economic problems and the specific
problems of insufficient infrastructure, relatively high cost of access,
underdevelopment of national and local content (content), the inability of the
majority of people benefit from information-intensive activities. This problem
is common to all cities and countries that have joined in the motion path to
the information society "[2].
Awareness of the relevance of the solution to this problem came back in
the late 80's, when already clearly identified leaders of the information
sector, applying for information dominance, namely the United States and Japan.
In 1995, the Asia-Pacific region adopted the Seoul Declaration, defines the
main objectives and tasks of the countries of the region in the development of
the information sector.
This Declaration marked the beginning of a new
redistribution of the information market. Today, the United States and Japan,
serious competition are China, Malaysia, and Korea for production of computer
and other information technology, India, Singapore and Korea are leading in the
field of computer and other programs and technologies. While Kazakhstan is
related to peripheral countries in the field of information technology and to
share their raw material or industrial products to information technology.
Currently defined basic directions: the first is to improve the welfare of the
population, which will lead to an increase in computer equipment and massive
connectivity to information systems as major sources of information; -the
second is the development of IT-technology sector in the country. This involves
the development of a special sector of the telecommunications industry and the
introduction of high-tech information.
To achieve both objectives is the development and implementation of both
State and Interstate programs with the involvement of foreign and domestic
investors in the sphere of IT-industry. In addition, it is necessary to
strengthen scientific and industrial potential of the country through the
introduction of high technologies and the creation of uniform information space
infrastructure. Production of information and associated products is a key
indicator of the country's development in the world community. The development
of information technologies has resulted in the graduation of States to share
them with new units. Of paramount importance is the development of the
IT-technologies for becoming a full-fledged information society, integrated
into the global information network. Kazakhstan made some steps on the
development and use of IT technologies in the sphere of public administration,
public management system implemented in e-Government and information technology
park.
The strategy of industrial-innovative development of
the Republic of Kazakhstan for 2003-2015 approved by the Decree of the
President of the Republic of Kazakhstan No. 1096 May 17, 2003, identified
priority directions of development of non-commodity sector. However, the
development of the information sector, including information technology and IT
equipment, not related to high-priority tasks. There are economic and
geopolitical explanation. Nearest neighborhood countries such as China, Korea,
Malaysia, as bases for production of both components and directly the
information technology with the cheapest labor, any attempt to open your own
IT-industry of Kazakhstan and virtually all other countries. 85% of the world's
computers and other equipment are carried out in the countries of South-East
Asia. In addition, these countries put a high tax on imported equipment-up to
15% and the value-added tax to 17%, resulting in increased production of
computers with 32% to 60%. Foreign experience shows that the industry of
information services solely on market principles are not created anywhere in
the world. The public interest is always connected with a commercial
initiative, and the national information infrastructure are managed by the
private sector. This principle is the basis and in Kazakhstan, by the law of RK
"on communications". However, in the current economic situation in
Kazakhstan, as well as some of the CIS countries, it is not profitable to
produce its own technique. This, in turn, leads to the fact that the State
structures, due to the total absence of national information and communications
technologies are forced to import computers, software and components from
different manufacturers, which is contrary to the principles of information
security. As an example we can mention the Indian experience that puts strict
government requirements to foreign manufacturers, in particular, the production
of components and their Assembly must be carried out only in the territory of
the State. This, in turn, reduces costs, creates more jobs and allows you to
develop cutting-edge IT technologies. The State is going to tax concessions and
support of manufacturer-largest firms Dell, Compaq and others. On the creation
of an enabling environment are countries in South-East Asia: are science parks,
economic zones with preferential tax terms. This is the path began his motion,
and Kazakhstan. There is a need to develop measures to attract domestic and
foreign investors, not only in mining but also in the scope of the IT industry.
The next issue of information security is the issue of
information and elimination of computer illiteracy. Attempts to resolve
individual issues of the problem were made in the late 90 's through the
adoption of the concept of uniform information space of the Republic of
Kazakhstan as of July 29, 1998 No. 715. as key objectives were identified:-the
Republic of Kazakhstan proclaimed in the Constitution guarantees the rights of
citizens to information; -establish, maintain and develop the necessary level
of information capacity, meeting the needs of socio-economic development of the
country; -improving the efficiency and coherence of decisions taken by the
parts of the system of Government for the implementation of the strategic
objectives of the program "Kazakhstan 2030"; -raising the level of
awareness of cultural development and education of the citizens by giving them
free access to adequate information legal and regulatory documents, determining
their rights and obligations; -raising the awareness of citizens and public
organizations on the activities of the public administration; -increased
business activities of citizens by ensuring equal access to public scientific,
technical, socio-economic, socio-political information; -integration with the
global information space on the basis of and pursuant to the concept was
developed by the State program of "electronic government" in the
Republic of Kazakhstan.
Preparations for the
introduction of electronic Government of the Republic of Kazakhstan, in turn,
led to a number of preparatory measures of an institutional nature. Therefore
developed and adopted a Program for bridging digital divide in the Republic of Kazakhstan. Its main objectives are:-to work for the
Elimination of the digital divide and education in ICT sphere;-to create an
infrastructure of public access to open information resources of State bodies
established on the basis of the use of information and communication
infrastructure in the public sector, including post offices, libraries, and
allowing access to relevant resources and organizations. the most important was
the need to upgrade communication lines, which has developed and implemented a public
project for the NIH (the national information superhighway), the third stage
which was held through the whole Kazakhstan contemporary wireless fiber-optical
communication lines-FOCL. So in 2006, Kazakhstan had become a major transit hub
between Europe and Asia in the field of telecommunications. However, to date,
only part of the population is provided with modern telecommunication services
and about 1000 villages have telephones and the Internet. The same level of
informatization in Kazakhstan compared with the developed countries of the
world is only 2-5%, 2. information space generated in Kazakhstan, through its
multidimensional, diverse and distinct lack of integrity, the uneven
distribution of information, different access to different individuals. Acutely
the question of the Elimination of the so-called "digital divide",
meaning "unequal opportunities to use information and communication
technologies, including:-the unequal ownership of citizens digital, computer
and other communication technology;-unequal access to Internet resources;-the
unequal ownership of citizens the skills of using computer technologies.
In order to realize the rights of consumers to obtain
affordable, quality communications services by the Ministry of the Republic of
Kazakhstan for informatization and communication has developed a number of
normative legal acts determining the mechanisms for ensuring access to
universal telecommunications services. The report on the observance of human
and civil rights in the Republic of Kazakhstan by the Commission on human
rights under the President of the Republic of Kazakhstan noted that
"cellular communication services to companies" Kcell "and"
Beeline "on the territory of Kazakhstan, remain the most expensive in
comparison with other CIS countries and the Baltic States and other foreign
countries. For example, in Russia the cellular services in the 2.5-3 times, and
in Mongolia in 4 times cheaper than in Kazakhstan» [3]. In order to ensure the
availability of cellular communication to the general public, the Commission on
human rights had recommended to the Government of Kazakhstan to take effective
measures to promote competition in the provision of services of cellular
communication in Kazakhstan and reduction of cellular communication services.
Positive experience of a number of countries. For example, the Government of
Japan, Singapore, Malaysia has reduced prices on the Internet and it service
providers. Low level of citizens IT-technologies. To this end, the Ministry of
information and communication programs have been developed to reduce computer
illiteracy. Scheduled to reach 20% of the level of computer literacy, and
across the country have organized training classes, 2512 total number trained
is to reach 2363937 people, accounting for 15.7% of the population of
Kazakhstan. It was allocated from the State budget of 15 billion kzt. In
addition, the planned introduction of the obligatory presence of the
certificate of computer literacy for State recruitment and appraisal of civil
servants. However, this figure is low compared to countries with well-developed
IT infrastructure.
Another important issue in the field of information
security is to reduce information independence, although its achievement in the
modern world is a utopia. Global communication reduces the role of the State at
the national information field. Impossible or very expensive to ensure State
control over the flow of information. Multinational companies often surpass
national thanks to technical equipment and greater media audience. The
technologies shaping public consciousness blur the distinction between the
political, cultural and economic systems. This allows for a deep restructuring
of the mass consciousness. What a prime example is the prevalence of the
Russian Internet, or Russian TV programs and TV channels in Kazakhstan market.
Conclusion
In the advanced countries of the world the development of information
infrastructure and information environment is under State control. For the development of this sector of the
State use a flexible economic action: priority sales license, tax and customs
privileges for companies, which is developing information infrastructure in the
interests of the State and society. In this area are profound scientific and
economic calculations are major information projects.
The integration of Kazakhstan into the world
information system must be accompanied by the establishment of an effective
mechanism for detection, prevention and suppression of offences in the field of
information and computer technologies. This will require the development of the
legal framework governing the establishment and operation of national
scientific and industrial infrastructure in the area of development and
production of special-purpose equipment and means of protection of information,
coordination of the work of the scientific and production organizations in this
area[4].
Accordingly, the State information security requires
the following key issues:
1. The
development of the theoretical and practical foundations of information
security that meets the current geopolitical situation and the conditions of
political and socio-economic development of the State.
2. The
formation of the legislative and regulatory framework of information security,
including the development of an information resource, the rules of the registry
information for government bodies, businesses, legal liability of officers and
pinning citizens for information security compliance requirements.
3. Develop
mechanisms to implement the rights of citizens to information.
4. Formation
of systems of information security, which is an integral part of the overall
system of national security.
5. Working out
modern methods and technical means for integrating information security.
6. The development
of criteria and methods for assessing the efficiency of systems and means of
information security and certification.
7. A study of
forms and ways of civilized States impact on shaping public consciousness.
8. Comprehensive
study of personnel information systems, including methods to increase
motivation, moral and psychological stability and social protection for people
working with sensitive and confidential information.
References:
Information
about authors
1 Zhatkanbaeva A.E. - Doctor
of Law, Professor, Chairs Custom, Finance and Ecology Law al-Farabi Kazakh National
university,Kazakhstan, Almaty , Republic
of Kazakhstan
2 Yerezhepkyzy R. -
-
Ph.D students, senior Lector, of Customs, Fiscal and
Environmental Law Department at Al-Farabi Kazakh National University,
Kazakhstan, Almaty , Republic of
Kazakhstan
3 Salyhbaeva A.T.- - Master's of jurisprudence, lecturer, Chairs Custom, Finance and Ecology Law
al-Farabi Kazakh National university, Kazakhstan, Almaty , Republic of
Kazakhstan