The Experience of Legal Regulation of the Critical Infrastructure Protection System in the United States
Abstract
The experience of law-making and law-enforcement practice in protecting critical infrastructure in the USA is analyzed. The concept of «critical infrastructure», the system of protection of critical infrastructure, authorities of state bodies, the principles of cooperation with the private sector, objects of critical infrastructure are considered. Critical positions regarding regulatory and legal regulation and activity of state bodies and ways to solve a number of problems offered by foreign scientists are given. The critical infrastructure protection system in the United States was formed over a period of time through gradual and consistent political, legal, managerial decisions and actions on the definition of a general (national) critical infrastructure safety plan (identification of critical infrastructure objects, vulnerability analysis, prevention, neutralization, and elimination of negative consequences); creation of the fundamentals of public-private partnership and interaction with definition of responsibility; creation of executive bodies responsible for ensuring the safety of elements (objects) of critical infrastructure in various fields; coordination of activities of various actors (public and private sector) related to the protection of the critical infrastructure at the national level; formation of a system of information and notification. An important conclusion was to give preference to the prevention response. However, the practical implementation of these and other measures was accompanied by problems that it was difficult or impossible to determine in advance. Careful studying and working out of ways of their solution is a separate direction of work on improving the system of protection of clinical trials. The vision of the critical infrastructure protection system has now been confirmed as a process that requires continuous improvement and adjustment, taking into account current data, current needs, requirements, and priorities. It is understood that in Ukraine it is advisable to focus on such an approach, which will allow to timely and efficiently carry out tasks in the sphere of protection of the critical infrastructure, in particular in relation to administrative-legal regulation.
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