Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
Recibido el 15/08/22 Aceptado el 28/10/22
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 75 (2022), 198-220
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Use of information and communication
technologies in democratic processes
DOI: https://doi.org/10.46398/cuestpol.4075.13
Nina Rohatynska *
Oleh Butkov **
Olena Butkova ***
Maryna Burdonosova ****
Tetiana Sukhorebra *****
Abstract
The article reveals the essence of information and
communication technologies, gives scientic positions on the
denition of the mentioned concept and examines the place
of information and communication technologies in modern
democratic processes. It was determined that modern information
and communication technologies are the basis for the functioning
of e-government and e-voting and other forms of e-democracy.
The inuence of information and communication technologies on the
eectiveness of state policy is revealed, attention is focused on the
importance of eective cooperation between authorities and civil society
thanks to state-of-the-art electronic resources and the Internet. In addition,
the possibilities of direct participation of citizens in the management of
state and non-state structures are identied. In the conclusions, the factors
that hinder (make impossible) the implementation of information and
communication technologies in the sphere of public administration or make
it impossible at all are pointed out, on the basis of which the prospects of
realizing the potential for modernization in a modern democratic society
based on the principles of openness and feedback are analyzed.
Keywords: information and communication technologies; e-democracy;
e-government; e-government; public administration;
environmental impact assessment.
* Doctor of Law, Associate Professor, Head of the Department of Criminal Law and Procedure of Western
Ukrainian National University, Ternopil, Ukraine. ORСID ID: https://orcid.org/0000-0003-0617-
6114
** Scientic Associate at the Department of State and Legal Disciplines of Faculty No. 2 (training of
specialists for pre-trial investigation bodies) of Luhansk State University of Internal Aairs named
after E.O. Didorenko, IvanoFrankivsk, Ukraine. ORСID ID: https://orcid.org/0000-0001-8878-2438
*** Legal adviser of the legal support departmentfor of Luhansk State University of Internal Aairs named
after E.O. Didorenko, IvanoFrankivsk, Ukraine. ORСID ID: https://orcid.org/0000-0002-0941-1004
**** Assistant Professor at the Department of Constitutional and Administrative of Law State University of
Infrastructure and Technologies, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0003-1050-6892
***** PhD, Associate Professor, Head of the Department of Law Vinnytsia Institute of Trade and Economics
of State University of Trade and Economics, Vinnytsia, Ukraine. ORСID ID: https://orcid.org/0000-
0002-2918-4574
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Uso de las tecnologías de la información y la
comunicación en los procesos democráticos
Resumen
El artículo revela la esencia de las tecnologías de la información y la
comunicación, da posiciones cientícas sobre la denición del mencionado
concepto y examina el lugar de las tecnologías de la información y la
comunicación en los procesos democráticos modernos. Se determinó que
las modernas tecnologías de la información y la comunicación son la base
del funcionamiento del gobierno electrónico y del voto electrónico y otras
formas de democracia electrónica. Se revela la inuencia de las tecnologías
de la información y la comunicación en la efectividad de la política
estatal, se centra la atención en la importancia de la cooperación efectiva
entre autoridades y sociedad civil gracias a los recursos electrónicos de
última generación e Internet. Además, se determinan las posibilidades
de participación directa de los ciudadanos en la gestión de las estructuras
estatales y no estatales. En las conclsuiones, se señalan los factores que
dicultan (hacen imposible) la implementación de las tecnologías de la
información y la comunicación en el ámbito de la administración pública o,
que la imposibilitan en absoluto, sobre cuya base se analizan las perspectivas
de materializar el potencial de modernización en una sociedad democrática
moderna basada en los principios de apertura y retroalimentación.
Palabras clave: tecnologías de la información y la comunicación;
democracia electrónica; gobierno electrónico;
administración pública; evaluación de impacto
ambiental.
Introduction
Ukraine’s transition to an information society requires the introduction
of the latest information technologies in all spheres of life. An increasing
role in the activities of government bodies is given to transparency,
openness and accountability, which are achieved much faster and more
eciently thanks to information and communication technologies, the use
of which is aimed at: maintaining communication between the authorities
and citizens; ensuring openness by informing citizens about government
activities; transferring the provision of administrative services online;
ensuring the participation of citizens in the electoral process, community
life and decision-making processes through the means of «electronic
democracy».
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Use of information and communication technologies in democratic processes
The dynamics of life require the use of digital technologies in all spheres
of human existence, in particular in the activities of state and local self-
government bodies, to implement such projects as «electronic state»,
«state in a smartphone», «digitalization of society», «electronic public
administration», «digitization of administrative services», etc. Without
digitization and the tools of direct democracy in modern conditions, it is
impossible to do without knowledge about real, not imaginary needs and
requests, thoughts and feelings of the population, as well as the collective,
solidarity mind of the people, which is obliged to express its elected
representatives (Kalynovskyi et al., 2022: 223).
In Ukraine, the development of e-democracy and e-governance is
dened as one of the priority tasks of the State Policy Strategy for Promoting
the Development of Civil Society in the Context of Optimizing Mechanisms
of Public Dialogue and Institutions of Direct Democracy (Presidential
Decree, No. 212/2012). At the same time, in the constitutional and legal
eld of Ukraine there are no fundamental obstacles to the comprehensive
development and application of electronic mechanisms of democracy, and
the existing regulatory framework creates the necessary basic conditions
for the formation of a national system of e-democracy (Burdonosova, 2021).
Thanks to the digitalization of public administration and administrative
services, accompanied by a competent and consistent policy and regulatory
legal support, citizens can receive more and more services online and in
specialized service centers, and local self-government bodies will have more
and more tools for introducing e-government and connecting electronic
services for business and citizens. Therefore, the systematization of
knowledge about digital opportunities in modern democratic processes and
the development of generalized recommendations will contribute to a wider
and more eective use of information and communication technologies
in the functioning of the state and its components. At the same time, it is
important to study foreign experience in building models of e-democracy in
order to use it in practice.
1. Methodology of the study
The methodological basis of a scientic article from the point of view of
constitutional law should be the methodology of constitutional law, which
in the doctrine is considered «as a teaching about the system of methods,
principles, special means and methods of studying general regularities, the
emergence, development, functioning and provision of constitutional-legal
relations, constitutional-legal phenomena and institutes» (Skrypnyuk,
2013: 109).
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Methodological approaches that determine the general research
paradigm are as follows.
The synergistic approach of using which consists in elucidating non-
linear processes, that is, in contrast to classical constitutional processes
and phenomena, we should study e-democracy as a dynamic phenomenon
taking into account its synergism.
A comprehensive research approach involves the analysis of the research
subject within the framework of a combination of dierent scientic schools,
concepts and methods and is implemented through the vision of the object
from the most diverse positions, which consists in combining knowledge of
the methods of various sciences, the need for the synthesis of multifaceted
knowledge, its integration.
In particular, the Concept of the development of e-government in
Ukraine denes that «the main tasks for ensuring the development of
e-government in the basic sectors of Ukraine are the introduction of
information and telecommunication systems to support management
decision-making and the automation of administrative processes (in
particular, with the use of promising geo-information technologies, the
Internet of Things, technologies processing of large volumes of data (Big
Data) and Blockchain), including: in the eld of health care; in the eld
of education and science, in the eld of social protection, in the eld of
nancial and budgetary policy, in the eld of protection of human rights
and freedoms, in the eld of transport and infrastructure, in the electoral
eld» (Concept of development of electronic governance in Ukraine, 2017).
The analysis of information and communication technologies requires
a comprehensive approach with the aim of developing uniform standards,
principles and general provisions of legal regulation, identifying systemic
errors in the functioning of such technologies in the democratic processes
of states.
The use of the humanistic method is mandatory in the formation of legal
concepts in a democratic state, in which a person is the main legal value of
society, and the protection of his rights and freedoms is the main activity
of the state and its entire public apparatus. The use of the post-humanist
approach is due to a much wider need than the study of the system of
information and communication technologies in the democratic processes
of the state - this is a global problem of the information society.
Posthumanism proves the irreversibility of the process: nowadays, both
the state, society, and man are practically deprived of a choice regarding
the use or non-use of digital technologies. This is a certain transformation
without alternative, which has already taken root in the constitutional and
legal reality.
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Use of information and communication technologies in democratic processes
A three-level structure of research methods of the use of information
and communication technologies in modern democratic processes is
distinguished - philosophical, general scientic and special scientic.
The dialectic of the research determines the need for a broad analysis
of the phenomenon through its legal and legal genesis, provides an
opportunity to reect the modern features of the use of information and
communication technologies in state policy and communication with civil
society, to establish prospects for improvement, development and the
necessary informational, technical and state-legal transformation electronic
governance and the entire legal eld of informatization of society.
The hermeneutic method made it possible to propose improvements
to the conceptually categorical apparatus and carry out an analysis for
the proper reection of legal norms in the means used with the use of
information and communication technologies.
Using the method of transcendental analysis, it was possible to establish
the legal demand for certain forms of e-democracy, as a result of which a
conclusion was drawn about the need for its normative and legal regulation.
The most popular general scientic methods are analysis and synthesis,
which contributed to the study of electronic electoral law, social networks
in legal and political life, and the electronic petition form. The synthesis
makes it possible to combine the individual properties of information
and communication technologies and to determine the main features that
are characteristic for the proper development of electronic democracy.
Induction is used to represent the features of using information and
communication technologies.
Deduction makes it possible to position constitutional law as a single
general legal structure that generally denes the dominant properties,
principles, and standards that are key to the sectoral and institutional use
of forms of electronic democracy in certain areas.
Special legal research methods make up the third level of its methodology.
In particular, the potential of the method of constitutional comparativistics
made it possible to highlight positive aspects and avoid mistakes made by
other states when implementing models of the new management system.
The method of legal forecasting is used to determine the prospects for
the further development of the constitutional law of Ukraine in modern
conditions, the modernization of constitutionalism, and the identication
of directions for the introduction of information and communication
technologies in modern democratic ones.
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2. Analysis of recent research
The theoretical foundations of the concept of the use of information and
communication technologies and their eectiveness in the structure of the
information and communication space in the system of state authorities
are actively considered by leading scientists from various industries,
spheres and sciences (Dorodeyko, 2011; Dubov, 2010; Emelyanenko, 2008;
Loboyko and Nakhod, 2017; Makhnachova, 2018; Moon, 2002; Shpak,
2012; Skrypnyuk, 2013).
At the same time, the analysis of scientic literature proves that a
signicant number of scientic works reveal either purely theoretical
aspects, are somewhat outdated, or point to the shortcomings of the
introduction of electronic democracy.
From the above, it can be seen that the study of the mentioned issues is
in the early stages, so many issues related to the creation and development
of information and communication technologies and their introduction
have not been fully studied. This determined the choice of the topic of the
scientic article, its purpose, object and subject.
The purpose of this study is to analyze scientic approaches and practical
cases of the implementation of information and communication technologies
in modern democratic processes and to develop recommendations for the
transition of state authorities and local self-government bodies of Ukraine
to digital services, taking into account the best global experience.
3. Results and discussion
3.1. Information and communication technologies as a
component of modern democracy
Information and communication technologies are the most important
component of development in the modern world and a valuable basis of the
information society. In developed countries, the use and implementation
of information and communication technologies is based on an optimally
arranged regulatory base and international standards that form a stable
and predictable legal eld with clearly formulated, transparent, non-
discriminatory and technologically neutral laws.
By information technologies, scientists understand a set of modern
electronic technological tools and software, as well as organizational forms
and methods of their application in information work, which is aimed at
the eective use of information resources (Shpak, 2012). Information and
communication technologies and the Internet are a real opportunity for
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Use of information and communication technologies in democratic processes
every citizen not only to inuence the decision-making process, but also to
directly participate in it.
However, not everyone is able to take on such responsibility. Thus,
society, despite the fact that it is enriched in the eld of information, is
limited in the eld of knowledge, which leads to an impulsive «button
democracy», when decisions are made by inexperienced experts and
ignorant people.
New information and communication technologies have a number of
advantages compared to traditional information technologies: transferring
information exchange to a paperless level, speeding up the preparation
of documents, improving the quality of registration, automation of most
functions in information and communication processes in order to solve
complex problems of society’s life.
Using the advantages of information and communication technologies,
state authorities have the opportunity to create qualitatively new ways of
interaction between themselves and citizens, thus increasing the eciency
of management as a whole, to provide state services to the population
and businesses via the Internet, to increase access to state information, to
establish the transparency of adopted solutions through constant dialogue
with the public.
We consider it unquestionable that the active introduction of information
technologies into the system of socio-political relations signicantly
expands the opportunities of citizens regarding their participation in solving
common issues, creates conditions for the formation of a qualitatively
new level of activity of citizens who use modern electronic technologies
not only for personal purposes, but also for the purpose of socio-political
participation at all levels of public administration (Burdonosova, 2021).
Therefore, the main purpose of using information and communication
technologies in state administration is to increase the eciency of its
mechanisms based on the creation of a general information and technology
infrastructure, which includes state information systems, resources and
means that ensure their functioning, interaction between themselves, the
population and organizations within the framework of providing public
services.
State policy in the eld of the use of modern information and
communication technologies is designed to ensure the coordination of the
activities of state authorities on the creation of state information systems
and increase the eciency of budget expenditures in the specied area.
From a scientic and methodological point of view, electronic democracy
is a unique legal phenomenon - sui generis, which can be studied with the
help of a complex interdisciplinary toolkit - the theory of constitutional legal
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relations, general legal hermeneutics, systems theory, cybernetic analysis,
political engineering, etc. (Center for Modernization Decisions, n/y).
The complex, hybrid nature of this legal phenomenon requires an
integrated scientic approach to mastering the specics of the emergence
and implementation of the constitutional rights of citizens arising from the
use of information technologies in the political and legal reality.
Electronic democracy should be understood as the use of new information
technologies for the protection and development of basic democratic values
and, above all, for the participation of citizens in the process of decision-
making by authorities, that is, with the aim of involving citizens in the
political process.
The essence of e-democracy is that, thanks to an established system of
electronic communications, all citizens of the country are involved in the
process of government decision-making, and the process itself turns into
a two-way dialogue between the government and citizens, where each side
has complete trust in the other, the exchange of information between them
is based on principles of accessibility and transparency.
Electronic democracy as a component of the social institution of
democracy in the conditions of the modern information society contributes
to the realization of its functions: the function of reproduction at a new
level of social relations between the authorities and citizens; integrative
function (reduction of the social distance between the authorities and
citizens, consolidation and coordination of resources, eorts and actions
of state authorities, citizens and businesses) (On Approval Of The Concept
Of The Development Of Electronic Democracy In Ukraine And The Plan
Of Measures For Its Implementation, 2017); regulatory function, which is
expressed in providing citizens with resources and powers to participate
in politics, overcoming «information inequality», bringing to justice
for oenses committed in the eld of using electronic democracy tools
(Tomkova and Hutkii, 2017: 10).
It is characterized by two-way usefulness for the subjects of the political
and constitutional process. For citizens, it consists in the possibility of real
participation in the activities of public authorities, and for subjects of power
relations - in the possibility of obtaining real public opinion (Kalynovskyi
et al., 2022).
In the Strategy for the Development of the Information Society in
Ukraine, electronic democracy (e-democracy) is dened as «a form of social
relations in which citizens and organizations are involved in state formation
and state administration, as well as in local self-government through the
widespread use of information and communication technologies» (On
Approval Of The Information Society Development Strategy In Ukraine,
2013).
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Use of information and communication technologies in democratic processes
Today, technology allows the use of such new tools of e-democracy
as e-mail, Internet conferences, e-consultations, video conferences,
e-feedback, discussion forums on websites, e-polls, etc. The specied tools
of e-democracy, both traditional and new under certain conditions, help
to involve in the decision-making process the maximum number of people
who can be directly aected by these decisions.
At the same time, the concepts of «e-democracy» and «e-government»
should not be equated, since the latter acts as a tool of e-democracy.
Among scientists, three aspects of electronic democracy are indicated:
technological - electronic voting, the election procedure becomes simpler,
faster and cheaper due to the use of information technologies; democratic
- electronic participation, involvement of citizens in the process of making
political decisions through online and oine tools - forums, polls, legislative
initiatives, etc.; this dimension is the main one for electronic democracy;
political - e-politics and e-campaigns, use of information technologies
by political leaders to reduce the distance with citizens, to inform them
more fully; e-politics has great potential for increasing the level of citizen
participation in politics, however, since such tools are mainly used only
during the election campaign, this is a signicant limitation (Emelyanenko,
2008).
In general, it should be noted that e-democracy in comparison with
e-governance in states with developed democracy is a relatively unformed
concept, the meaning of which is not yet fully dened and which requires
additional study and implementation.
At the same time, it is not necessary to overestimate the importance and
role of modern telecommunication means in democratic processes, since
information and communication technologies are not necessarily a tool
of democracy. Moreover, as the government gains new opportunities to
control society thanks to technology, it does not necessarily become more
open itself.
It cannot be claimed that the unied government databases created in
many countries of the world with a huge amount of condential and personal
information about each specic person will be used only to improve the
quality of public services. In the conditions of authoritarian regimes, the
creation of centralized databases about each person is dangerous for the
inviolability of private life and civil liberties.
Not only the development of science and technology, but also democracy
depends on the skillful integrated application of information and
communication technologies, since one of the necessary prerequisites for
sustainable democratic development is a transparent and open government,
which is the key to the implementation of eective policies and is capable of
ensuring proper public control, ensuring human rights and strengthening
citizens’ trust in the authorities.
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3.2. General trends in the use of information and
communication technologies in democratic processes
The use of information and communication technologies in democratic
processes has a number of advantages. In particular, developed democracies
have long understood that information and communication technologies
can potentially improve the quality of government and empower citizens.
And by reorganizing administrative processes, improving the provision
of public services and encouraging citizens to cooperate and participate
in decision-making processes, as well as by digitizing administrative
procedures and providing citizens and businesses with information and
public services via the Internet, e-government makes government not only
more ecient and eective , but also more transparent and open.
In addition, in order to receive the economic dividends of information
and communication technologies and with the aim of transforming the
public sector, many countries are actively implementing information and
communication technologies both at the level of internal processes (the so-
called «back oce») and directly in the sphere of providing services to the
population («front oce»). That is why today more and more democratic
countries oer citizens more and more administrative services online
(OECD, 2003).
The evolution of e-government took place in several stages (Moon, 2002).
At the early stage of online e-government, the interaction of the authorities
with the population or business resembled one-way communication - most
often through a website. Such e-government was limited and functioned
exclusively as an electronic «brochure» that provided public information
to citizens, civil servants and businesses. Subsequently, the authorities
received tools for interaction and communication with citizens and other
actors and began to provide citizens and businesses with various online
services and services (e-taxes, e-procurement, e-licensing, etc.).
At the last stage, the vertical and horizontal integration of related online
services and databases takes place, which is important both for optimizing
the use of resources and for improving the experience of using services, not
only by citizens and businesses, but also by the authorities themselves.
Information and communication technologies and related
telecommunications and other digital networks are considered the main
driving force of building an information society and economy and are
increasingly recognized as a new factor for improving the existing principles
of government activity (ICT for Local Government). For those countries that
managed to build more or less stable democracies, in particular the member
states of the European Union, the main advantage of e-government systems
based on technologies is the formation of a full-edged open information
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Use of information and communication technologies in democratic processes
society by providing a number of online public services, in obtaining visible
economic gains, in strengthening the role of representative democracy,
as well as, most importantly, in a fundamental change in the operating
principles and model of government bodies.
In fact, e-governance is a tool of the information society in the form of
principles, strategies, systems and tools for the exercise of power, which
create an opportunity for the use of information and communication
technologies in the interaction of key members of society (the state, citizens
and business) with the aim of strengthening democracy and ensuring
sustainable development.
Information and communication technologies can contribute to the
achievement of more eective indicators in such key areas as: health
care, security, education and the social sphere. After all, government
and public bodies exist precisely to produce results, and information and
communication technologies are an essential enabler in all key policy areas.
Using the Internet to maximize results in these areas is a challenge for many
countries.
Proper use of information and communication technologies can
contribute to economic and social development, especially in the eld of
empowering representatives of state authorities and local self-government
bodies, ensuring the connection of various components with each other, as
well as the provision of timely, eective, transparent and understandable
services (ICT for Local Government: handbook, 2007).
Thanks to the decentralization of competences, local self-government
bodies receive more responsibility for their communities. All this requires
signicant eorts, and the use of modern information and communication
technologies can and should help local authorities work more eciently
and provide better services to citizens. By improving information ows
and encouraging active citizen participation, e-government is increasingly
perceived as a valuable tool for building trust between government and
citizens.
These goals may include trade-os between eciency and eectiveness,
eciency and openness, accountability and customer focus. If so, then you
should set priorities correctly. But it should not be assumed by default that
such trade-os are inevitable. In a number of Scandinavian countries, for
example, special ombudsman oces have been established to deal with
citizen complaints about privacy and public trust (OECD, 2003). This, in
turn, contributes to both protection and more eective use of personal data.
E-governance helps to improve the eciency of government, and
information and communication technologies are a necessary element
for implementing reforms in the way public administration works.
Improvements in internal operating systems (such as: nancial systems,
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procurement and payment infrastructure, internal communications and
information exchange systems) and software processes can contribute to
the operational eciency of the government and improve its performance
of its functions.
In the context of the investigated issues, special attention should be
paid to the features of digitization of civil society institutes, public councils
of evaluation of the activities of executive authorities (public examination
of the activities of executive authorities), prospects for the introduction of
information and communication technologies in the eld of environmental
protection.
In this direction, it is also important to create convenient tools for
dialogue between the state and citizens and businesses, so that management
decisions can be quickly adapted to the requirements of the time, not based
on subjective data, but generated with the help of modern technologies and
IT products.
According to Article 5 of the Law of Ukraine «On Information», access to
information is ensured by: systematic and prompt publication of information:
in ocial printed publications; on ocial websites on the Internet (Law Of
Ukraine, 1992). In particular, the public examination of the activities of the
executive authorities is a component of the mechanism of democratic state
management, which provides for the assessment by institutions of civil
society and public councils of the activities of the executive authorities, the
eectiveness of decision-making and implementation by such authorities,
and the preparation of proposals for solving socially signicant problems
for their consideration by executive authorities in their work (Decree of the
Cabinet of Ministers of Ukraine, No. 976, 2008).
Public public discussion on issues related to the socio-economic
development of the state, the implementation and protection of the rights
and freedoms of citizens, the satisfaction of their political, economic, social,
cultural and other interests, among other things, involves the organization
and conduct of: Internet conferences, electronic consultations.
The government website «Civil Society and Government» and ocial
websites of executive authorities are used to conduct public public
discussion through electronic consultations with the public. The results
of consultations with the public are taken into account by the executive
authority when making a nal decision or in its further work (Decree of the
Cabinet of Ministers of Ukraine No. 996, 2010).
The task of ensuring economic growth in the conditions of the war
against Ukraine poses a dicult task for the legislator - to create such a
system of environmental impact assessment that, while fullling all the
tasks of this procedure, would have as little negative impact on the economic
development of Ukraine as possible. Recently, several attempts have been
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made to reform the environmental impact assessment system (Tretyak,
2015).
In particular, the authors of the Draft Law of Ukraine «On Environmental
Impact Assessment» No. 2009a (Draft Law of Ukraine No. 2009a, 2015),
aiming to create a proper legal regulation of the environmental impact
assessment procedure, among other things, proposed introducing a
provision on a unied register of environmental impact assessment
environment, the information included in which is open and accessible via
the Internet.
Subsequently, such initiatives of the state found their continuation
both in legislative initiatives and in practical actions of the government in
the direction of digitalization of certain legal relations in this area. Thus,
certain provisions of the Law of Ukraine «On Environmental Impact
Assessment» adopted in 2017 contain certain provisions that indicate
certain steps taken by the state in the direction of simplication, the use of
information technology opportunities in communication with individuals
and legal entities. In particular, in accordance with Art. 4 of this law, the
authorized central body maintains the Unied Register of Environmental
Impact Assessment, the information entered in which is open, and free
access to it is provided via the Internet.
Such a register is created using software that ensures its compatibility
and electronic information interaction in real time with other electronic
information systems and networks that constitute the information
resource of the state, including the urban cadastre and its constituent
part - the Unied State Electronic System in the eld of construction (On
environmental impact assessment, Law of Ukraine, 2017).
Also, Article 5 of the mentioned law provides for the obligation of the
business entity to inform the authorized territorial body about the intention
to carry out the planned activity and to assess its impact on the environment
by submitting a notication about the planned activity using electronic
communications (including the electronic cabinet of the Unied Register
for Impact Assessment on the environment, another electronic oce or
information system, the users of which are the authorized territorial body
and business entity).
Notication of the planned activity, which is subject to an environmental
impact assessment, in relation to objects that, according to the class
of consequences (responsibility), belong to objects with medium and
signicant consequences, is sent exclusively in electronic form through
the electronic cabinet of the user of the Unied State Electronic System in
the eld of construction or other state information system integrated with
this electronic cabinet, the users of which are the business entity and the
authorized territorial body. Article 5 of this Law.
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In accordance with Article 7 of the law, public discussion of the planned
activity after the submission of the environmental impact assessment
report is conducted in the form of public hearings and in the form of
written comments and suggestions (including in electronic form) (On
environmental impact assessment, Law of Ukraine, 2017).
As of today, in Ukraine, the Ministry of Environment together with the
Ministry of Digital Transformation are working on digital transformation
under the following projects: state supervision in the eld of environmental
protection (e-Control); environmental monitoring (e-Environment);
biological and landscape diversity (e-BLD); forestry (e-Forest); water
management (e-Water); sheries (e-Fishing); rational use of subsoil
(e-Subsoil use); waste management (e-Waste); atmospheric air protection
(e-Air); strategic environmental assessment (e-SEA); environmental
impact assessment (e-EIA); handling of pesticides and agrochemicals
(e-Pesticides) (12 projects in the eld of environmental protection were
included in the country’s digital transformation plan, 2021).
In addition, in 2021, testing of the Unied Environmental Platform
began in Ukraine, which in the future will allow citizens and entrepreneurs
to receive all the necessary services in the industry online in a simplied
manner, practically without the intervention of ocials (Zavalnyuk, 2021).
Based on the results presented in the subsection, we can conclude that the
biggest challenge in building an information society is not only the creation
and implementation of information technologies and the availability of the
necessary infrastructure. It is extremely important to put the organizational,
regulatory and scal architecture of the government in order in order to
support the development of e-government. The infrastructure should not
be adjusted or built for services, which is often inecient and requires
signicant expenditure of money, but services should be imposed on the
existing infrastructure.
3.3. Prospects for the development of electronic democracy in
Ukraine
Development of the information society is one of the important tasks
of Ukraine on the way to the European community. In particular, the
Government of Ukraine adopted the Ordinance «On the Approval of the
Information Society Development Strategy in Ukraine», which provided for
the main directions of e-democracy, namely: improvement of the regulatory
framework, use of the latest technologies, formation of a culture of
communication, creation of the «Electronic Parliament», implementation
of new projects, etc. (On Approval Of The Information Society Development
Strategy In Ukraine, 2013).
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The main document that denes the directions for the development of
e-democracy in Ukraine is the Concept of the Development of e-Governance
in Ukraine, which denes the most common tools of e-democracy at the
national and local levels - e-consultations, e-petitions, e-appeals, public
budgets.
In addition, the following resources have been identied for the
publication of open data sets using electronic platforms, for example:
«Civil Society and Government», «Smart City» or «Unied System of Local
Petitions» (On Approval Of The Concept Of The Development Of Electronic
Democracy In Ukraine And The Plan Of Measures For Its Implementation.
Law of Ukraine, 2017).
Dierent cities of Ukraine are actively implementing the most diverse
tools of e-democracy: e-appeals, e-petitions, e-discussions, e-procurements,
e-budgets, e-public budgets (participation). The choice of a model of
e-democracy in cities depends directly on local self-government bodies
and active citizens (Loboyko and Nakhod, 2017). The tool of electronic
parliament, electronic justice, electronic consultations, electronic petitions,
public participation budgets (ProZorro public procurement control system)
is actively working in the country (Makhnachova, 2018; e-Democracy: for
the rst time in Ukraine, 2008).
However, it must be stated that the tools of real inuence of the
population on the formation and implementation of decisions of the
government apparatus with the help of information and communication
technologies still have prospects for development. First of all, it is about
the introduction and legislative consolidation of the possibilities of holding
electronic elections, referenda and voting.
We will conduct an overview of successful foreign practices of
implementing such tools of electronic democracy as electronic governance
and electronic voting in order to determine the possibility of their
implementation in Ukraine.
The reformatting of public administration in an electronic format is
currently attracting considerable interest throughout the world. Many
countries are developing e-government and moving public services online.
According to the features of application, the following are distinguished:
– the American model of e-government (USA and Canada), which
provides for: simplifying and reducing the cost of society’s contacts
with authorities; establishment of direct communication with state
structures; – the European model (Western, Central, Eastern Europe),
the characteristic features of which are functioning in the conditions of
operation of supranational structures: the European Parliament, the
European Commission, the European Court; – the Asian model is being
implemented, based on the peculiarities of management in the countries
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of the East (except South Korea) – strict hierarchy and compliance with
corporate rules of communicative behavior with simultaneous wide access
of the population to information resources in all spheres of life.
In the procedural approach to xing changes in the life of society, the
legislative system of the USA went further than all others. it was this state
that became one of the rst in the development of electronic government
systems. In 1997, the American administration initiated the «Improving
government activity through new technologies».
In 2000, the FirstGov project was launched, which united more than
20,000 sites of government bodies of various levels, and in 2002 a single
e-government site was created, which allowed US citizens to communicate
on the Internet with representatives of both the federal government and
with local government bodies on state and city levels (Dubov, 2010).
The analysis of the American and European approaches to the
introduction of information and communication technologies in the
activities of the state and the development of the concept of electronic
government allowed O. Yemelianenko to draw a conclusion: if the American
approach is based on economic criteria, the European approach is based on
social, as well as the level of human capital development (Emelyanenko,
2008).
We note that the European approach to the implementation of
e-governance attaches great importance to the political potential of
electronic democracy, which considers it a possible solution to problems
associated with the withdrawal of citizens from politics and the degradation
of democratic procedures.
In the USA, the states of Western Europe the idea of electronic
governance and its implementation is inextricably linked with the general
state of public administration in the country, which corresponds to the
traditions of political participation, the role of bureaucracy and elites
in society, the state of legal institutions, and the mentality of society. In
general, it can be argued that the electronic state creates new opportunities
for the development of democracy.
In Europe, one of the leaders of e-government is Great Britain, where
the «E-citizen, e-business, e-government» program has been implemented
since 2000 as part of the «Strategic structure for serving society in the
information age» project.
The program provides for the development and use of all electronic
types of public services - they can be provided via the Internet, mobile
communications, digital television, service centers, etc. Citizens can
receive certicates and documents on the Internet, submit complaints and
applications, ll out tax returns, and receive responses to their requests
online (Dubov, 2010).
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The government program for the creation of e-democracy in Estonia
envisages the following main areas: 1) creation of a national digitized
library, introduction of online car registration, formation of a specialized
portal of the national labor agency, expansion of the portal of the tender
agency, provision of pension insurance services; 2) acceleration of online
processing of citizens’ requests by government institutions, certication of
information technology protection according to the European standard;
3) introduction of a system of electronic citizen IDs, implementation of a
cryptographic model for the protection of communications between citizens,
businesses and administrative management bodies; 4) development of a
protected Internet space for the functioning of the electronic government
system, increasing the trust of citizens in information technologies of online
communication (ICT for Local Government: handbook, 2007).
An important component of e-government in Western countries is
electronic voting, the obvious advantages of which are the possibility of
programming voting instructions and the electronic ballot itself, which is
displayed on the computer screen in dierent languages; convenience and
minimum time spent; saving the budget for the organization and conduct
of elections; quick collection, transfer and processing of information reduce
the likelihood of falsication; nally, a convenient method is created to
provide will expression for persons with limited physical capabilities.
The disadvantages of electronic voting include: the problem of ensuring
the anonymity of voting (and even with multi-level access to the voting
server and the use of dynamic addressing); diculties in establishing
the authenticity of the voter’s identity during registration - the so-called
authentication and the related problem of the reliability of «keys» for
accessing the voting server.
Thus, it can be a prerequisite for recognizing the legitimacy of elections,
which in modern democracies is usually based on the obligation of secret
voting, and distrust in the ability of computer technologies to resist various
types of external interference in systems, in particular, hacker attacks and
attempts to falsify results.
The essential advantages of electronic voting systems include the
facilitation of access to the voting procedure for persons with disabilities and
the promptness of obtaining its results. However, it should be emphasized
that remote Internet voting causes problems with voter identication and
the need to protect the secrecy of voting.
This led to the postponement of electronic voting implementation
programs in such developed countries as Spain, Italy, and Germany. At
the same time, such practices are widely used in Norway (Public Initiative)
(Reinsalu, 2010); Great Britain («Big Society») (Dorodeyko, 2011); of New
Zealand (E-Parliament Portal with the possibility of submission of public
e-petitions) (Recommendation CM/REC, 2009).
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As evidenced by advanced foreign experience, regulatory and legal
regulation cannot be eective without comprehensive state support and
systemic guarantees. The Venice Commission in its reports determines that
electronic voting does not violate political human rights and can take place
provided that the general constitutional requirements of democracy are
observed (Verfassungsgerichtshof, Decision, 2011).
Recommendation 17 indicates the need to «make changes to the
legislation that would allow the Central Election Commission to implement
pilot projects and test new voting technologies both in a secure environment
and during real elections; the government should ensure adequate funding
for such activities. The introduction of new technologies into the election
process should be preceded by extensive consultations and information
campaigns, as well as independent technical and economic justications»
(Recommendations from the results of the national conference:
«presidential and parliamentary elections of 2019 in Ukraine», 2020).
The possibility of electronic voting in Ukraine currently needs
development and improvement from the point of view of regulatory legal
support and organizational and technical capabilities. The organization
of electronic elections requires the development of special software and
technical support, which will guarantee protection against hacker attacks
and the reliability of identication of citizens in order to prevent the
interference of interested parties in the course of voting.
The development and introduction of electronic voting can become the
most important tool of e-democracy, which will help ensure the accuracy
and transparency of elections, free access to information about the course
of voting, as well as free participation of citizens in the life of the state.
It is worth summarizing that systemic obstacles to the spread of
e-democracy in Ukraine include: waging war on the territory of the country;
the uncertainty of state policy regarding the prospects for implementing
the use of information and communication technologies; imperfection
of legal support in the eld of electronic democracy; insucient level of
involvement of civil society subjects in the processes of improving state
policy in the eld of electronic democracy, as well as in the implementation
of its individual tools; insucient level of information infrastructure
development; insucient level of knowledge and skills of civil servants and
ocials regarding the possibilities of using information and communication
technologies in management processes; weak awareness and low literacy
of citizens regarding the content and features of using various electronic
democracy tools, methods and auxiliary means of their application.
We believe that a necessary step for the activation of electronic
democracy in most democratic countries should be to increase the
technical and electronic literacy of citizens; support of the specied sphere
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by state bodies; dissemination of new additional platforms (archives and
information digests, online libraries, web rooms for expert discussions,
etc.). Such changes should be accompanied not only by legislative initiatives
in the eld of e-democracy development, but also by the development of a
reliable system for protecting the e-government mechanism from external
inuences, technical errors, cyber attacks, etc.
Conclusions
Information and communication technologies are the most important
component of the development of the modern world and the valuable
basis of the information society. In developed countries, the use and
implementation of information and communication technologies is based
on an optimally arranged regulatory base and international standards
that form a stable and exible legal framework with clearly formulated,
transparent, non-discriminatory and technologically neutral laws.
Information and communication technologies can potentially improve
the quality of government and empower citizens, and by reorganizing
administrative processes, improving the provision of public services and
encouraging citizens to cooperate and participate in decision-making
processes, as well as by transferring administrative procedures to an
electronic format and providing the population and business of public
information and public services via the Internet, e-government makes
government not only more ecient and eective, but also more transparent
and open.
Electronic democracy, which is an alternative to traditionally recognized
ways and practices of exercising citizens’ rights, is a form of citizens’
realization of their political and civil rights through the use of information
and communication technologies. In the world’s leading déjà vu, the idea of
electronic democracy and its implementation are inextricably linked with
the general state of public administration in the country, which corresponds
to the traditions of political participation, the role of bureaucracy and elites
in society, the state of legal institutions, and the mentality of society.
Information and communication technologies contribute to citizens’
ability to inuence decision-making and directly participate in this process,
in particular, in the implementation of electronic voting.
In Ukraine, along with other democratic state entities, the implementation
and modernization of information and communication technologies in the
daily life of society continues with the aim of achieving the conceptual goal
of promoting the expansion of opportunities for the realization of citizens’
rights. Necessary measures aimed at activating e-democracy in Ukraine are:
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increasing the technical and digital awareness of citizens; thorough state
support for e-democracy and its individual tools (e-governance, e-voting,
etc.); active implementation of innovative platforms. Such nationwide
activity should be ensured by appropriate legislative initiatives and the
development of a reliable system of protection of electronic democracy
tools against external inuences, cyber attacks, technical miscalculations,
etc.
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