Legal Framework for the Resilience of Critical Infrastructure in Ukrainian Cities

Abstract

This article examines current issues related to the legal framework for ensuring the resilience of critical infrastructure in Ukrainian cities. It argues that the specific nature of the formation and development of the legal framework governing critical infrastructure lies in the fact that the basic law regulates relations concerning the operation and protection of critical infrastructure as a whole and its facilities during peacetime. This reveals the cross-sectoral nature of the legal framework governing critical infrastructure, which contains provisions falling under various areas of Ukrainian law, including national security and defence, urban planning, transportation, telecommunications, local self-government, public associations, security activities, information, and more. It is proposed to bring the provisions of Article 25 of the Law of Ukraine “On Critical Infrastructure” into line with the provisions of the Law of Ukraine “On Public-Private Partnerships.” Furthermore, the current version of the framework law lacks provisions that align with the Law of Ukraine “On Concessions.” The areas of critical infrastructure resilience in Ukrainian cities that require priority legal regulation have been identified: the energy sector; water supply and wastewater management; healthcare; transportation and logistics; telecommunications and IT; resilience of local governments; civil protection; migration and demographic resilience; — resilience of city residents; financial and economic resilience. This document systematises the body of subordinate legislation directly related to the framework law on critical infrastructure, as well as certain regulatory acts that are not mentioned in the law on critical infrastructure but regulate relations in this area. The fundamental objectives in the context of ensuring the resilience of critical infrastructure facilities in Ukrainian cities are identified. A connection is established between the categories of “city openness” and “critical infrastructure protection,” which currently involve a delicate balance. The key aspects of the interaction between these concepts are: protection of critical technological information, information security, and cybersecurity; transparency in procurement and tenders; risk management and communication; citizen engagement.