Protection against technical intelligence will become mandatory for the military and defense industry enterprises

Countering technical intelligence is proposed to become a separate component of Ukraine’s defense system.

A draft law No. 15425 has appeared in the Verkhovna Rada, which proposes to make countermeasures against enemy technical intelligence means a separate direction of state policy in the field of national security and defense, to define the powers of responsible bodies, and also to oblige military command, state bodies, and defense sector enterprises to systematically plan and implement appropriate measures during the preparation and conduct of hostilities.

Why the law is proposed

The full-scale war has demonstrated that the Russian Federation actively uses aerial, electronic, radio-technical, optoelectronic, thermal imaging, and other types of technical intelligence to detect Ukrainian troops, command systems, movement routes, logistics facilities, critical infrastructure, weapons, and military equipment.

The modern use of precision weapons, drones, electronic warfare means, and automated control systems largely depends on the ability to obtain intelligence information by technical means. At the same time, current legislation does not form a comprehensive state system to counter technical intelligence, does not define unified principles for its organization, the powers of responsible bodies, the procedure for interagency interaction, and the use of active countermeasures. Therefore, the draft law aims to create a comprehensive legal framework for the functioning of such a system.

What will change in the legislation

The draft proposes amendments to three laws at once:

• "On National Security of Ukraine";
• "On Defense of Ukraine";
• "On Defense Procurement".

One of the key innovations is the inclusion of countering technical intelligence among the directions of state policy implemented by the State Service of Special Communications and Information Protection of Ukraine. It is also proposed to remove the word "active" from the definition of relevant means in the provisions regarding Defense City residents in the Law "On National Security of Ukraine" to align terminology with the new legal regulation model.

The definition of "active countermeasures against technical intelligence" will appear

The draft law proposes for the first time to legally define the concept of "active countermeasures against technical intelligence."

This means a set of organizational, technical, electronic, optoelectronic, and other active measures carried out by military command bodies, military units, defense industry enterprises, and critical infrastructure facilities to:

• deliberately distort information;
• suppress or blind enemy technical intelligence means;
• destroy information channels;
• create false electronic or optical environments;
• disinform enemy control systems.

At the same time, the draft law defines that countering technical intelligence, including active measures, must become an integral part of ensuring the security of troop deployment, increasing their survivability, and protecting critical and defense infrastructure.

What powers state bodies will receive

The document expands the competence of several government bodies.

In particular, the Verkhovna Rada will determine the main principles of organizing and functioning the system of countering technical intelligence in Ukraine.

The Ministry of Defense will implement countermeasures against technical intelligence within the Armed Forces of Ukraine.

The General Staff of the Armed Forces of Ukraine will be required to implement relevant measures in the troops, and the procedure for interaction and use of active countermeasures will be determined jointly with the central executive body responsible for state policy in this area.

The State Service of Special Communications and Information Protection of Ukraine receives special powers. It will form and organize the implementation of a set of legal, organizational, and engineering-technical measures aimed at preventing or complicating the acquisition of information with restricted access by technical intelligence means about weapons, military and special equipment, defense industry facilities, activities of government bodies, military formations, and other entities working in the interests of the state’s defense and security. In addition, the service will exercise state control over compliance with such requirements.

New obligations for the military, authorities, and enterprises

The draft law provides that during the planning and conduct of military (combat) operations, military command bodies, formations, and military units of the security and defense sector will be obliged to:

• develop countermeasures against technical intelligence;
• finance them;
• implement them as an integral element of troop security and survivability enhancement.

In addition, countermeasures against technical intelligence must be taken into account:

• during mobilization planning;
• when forming the mobilization reserve;
• during the development of the Armed Forces and other components of the security and defense sector;
• when developing the state program for the development of weapons and military equipment.

Local state administrations will receive powers to assist state authorities, military formations, and legal entities working in the interests of the state’s defense in conducting countermeasures against technical intelligence. Local self-government bodies will also participate in such measures alongside fulfilling tasks of territorial defense and civil protection.

At the same time, enterprises, institutions, and organizations whose activities are related to defense provision will be obliged to ensure the implementation of countermeasures against technical intelligence.

Changes will also affect defense procurement

Certain amendments are provided to the Law "On Defense Procurement." The draft law proposes to supplement the list of defense goods with means of countering technical intelligence, which will allow them to be directly classified as products purchased to meet defense needs.

What the authors of the draft law expect

The implementation of the document is expected to ensure the creation of a unified state system to counter technical intelligence, strengthen the protection of information with restricted access, weapons, military and special equipment, defense industry facilities, and critical infrastructure from enemy technical intelligence means, as well as increase troop survivability, the resilience of control systems, and the overall defense capability of Ukraine. The authors also emphasize that the draft law does not require additional expenditures from the state budget and complies with the standards of NATO member states regarding operational security and protection of critically important information.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our page on Facebook and on Instagram to stay informed about the most important events.