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Publications of Duben Andrei Kirillovich
Legal Studies, 2023-7
Duben A.K. - International cooperation on information security: experience and prospects for development pp. 34-42

DOI:
10.25136/2409-7136.2023.7.43473

Abstract: The development of information and communication technologies plays a crucial role for the economic and socio-political development of each country individually and of humanity as a whole. The paper cancels the experience of interstate cooperation, provides the main directions of development in the field under study. Effective cooperation between States based on mutual respect in the field of information security and the development of digital technologies on various international and regional platforms within the framework of various unions and associations is aimed at ensuring national and international interests in order to protect information technologies, as well as ensuring the inadmissibility of vulnerability of information systems and deterrence of information threats. This article concludes that it is necessary to develop and approve the conceptual framework for the legal provision of information security for the development of regional interstate cooperation within the framework of the Union State of the Republic of Belarus and the Russian Federation, the EAEU, CSTO, CIS, SCO and BRICS. This is important for solving the tasks of ensuring national and international information security, implementing agreements within the framework of these regional interstate associations and further forming a system of universal public-legal mechanisms for ensuring information security. We believe that interstate cooperation determines the vector of development of interaction between states in the field of international information security, which is aimed at strengthening the potential of the States participating in the interstate association with effective prevention and neutralization of threats to collective security arising in this area.
Security Issues, 2023-4
Duben A.K. - Technological sovereignty as the basis of the national security of the Russian Federation pp. 166-172

DOI:
10.25136/2409-7543.2023.4.69347

Abstract: The subject of the study forms a set of legal acts of the Russian Federation, international treaties (agreements) regulating public relations in the field of of technological sovereignty, law enforcement practice, as well as the provisions of theoretical interdisciplinary research in this area. The research is devoted to an urgent topic in legal science. Technological sovereignty is a concept that assumes the ability of a state to control its technology, data, and digital infrastructure. This issue is of concern in an era of globalization and increasing dependence on technology, as the State seeks to maintain its technological independence and protect its interests in the digital sphere. The article examines the concept of technological sovereignty and its importance in the modern world, with an emphasis on the need to control data. The methodological basis of this work is a system of modern general scientific and private law methods. The study of the formation, development, place and role of technological sovereignty was carried out using the following general scientific methods: analysis and synthesis, abstraction and modeling, observation, generalization, description, classification, etc. The work used special private law methods of cognition of comparative law, formal law. To achieve the goals and objectives of this study, the author provides a brief analysis of existing methodological approaches to technological sovereignty as a concept in the general knowledge system, and also formulates the author's definition of this category. The author concludes that ensuring technological sovereignty will guarantee the national security of the Russian Federation, thereby creating conditions for countering new challenges, threats and risks: internal and external information threats when using digital technologies; developing destructive processes aimed at the information space of the Russian Federation, violation of the rights and freedoms of citizens, public safety and the state, as well as the tasks of ensuring the socio-economic development of the country and domestic digital technologies, the technological sovereignty of the Russian Federation.
International Law and International Organizations, 2023-3
Duben A.K. - Experience of international cooperation in the field of information security: problems and prospects pp. 13-26

DOI:
10.7256/2454-0633.2023.3.43422

Abstract: The article discusses the international experience of legal provision of information security. The relevance of the study is due to the fact that the totality of problems of legal provision of information security are of priority importance for the legal doctrine and legislation of each state having its own national interests and interested in maintaining peace, international and national information security. An overview of the existing international agreements that contribute to the development of legal regulation of international cooperation in the field of information security is given. Particular attention is paid to the processes of formation of international experience in the field of information security within the framework of the functioning of international organizations regulating these issues. The novelty of the research lies in the fact that, given the lack of a coherent system of international information security, the inconsistency of the models currently formed, it is advisable to develop international legal cooperation based on the convergence of the Eurasian and Euro-Atlantic systems of international information security with the active participation of Russia, taking into account the generally recognized principles and norms of international law, while a significant place should be given to issues of personal security in the information sphere, including countering undesirable information and psychological effects. The conclusion is made about increasing cooperation, strengthening allied and partnership relations with foreign countries, while a tendency should be formed to conclude agreements on mutual protection of classified information in the field of information security with a more detailed description of the list of such information, as well as a mechanism for resolving disputes related to violations of the provisions of these agreements.
Security Issues, 2023-3
Duben A.K. - New challenges and threats in the digital space: security as a criterion for the development of information technologies pp. 11-20

DOI:
10.25136/2409-7543.2023.3.44062

Abstract: The object of this study is public relations related to information security in The Russian Federation in the face of new challenges and threats, as well as digital transformation and geopolitical changes. The subject of the study forms a set of legal norms of normative legal acts of the Russian Federation regulating public relations in the field of information security, as well as the provisions of theoretical interdisciplinary research in this area. Special attention is paid to security issues, which occupy one of the key values in the domestic and foreign policy of the state, determining further national interests and strategic national priorities, goals and objectives of state policy and sustainable development of the state for the long term. The issues of ensuring information security are becoming more and more urgent in view of the global digital transformation of all spheres of life, as well as the aggravation of geopolitical contradictions and the strengthening of interstate information warfare. The author concludes that it is obvious that it is expedient to legislate at the federal level the legal foundations of the national information security system in the Russian Federation in order to use information and legal means in the conditions of digitalization, the growth of geopolitical challenges and risks, the global socio-economic crisis, the formation of a multipolarity of the world, aimed at increasing the security of Russian information resources, information systems and objects of information infrastructure. The author raises the question of the possibility of including certain legal norms in the domestic information legislation in the part in which such norms regulate relations in the field of performance by public administration bodies of functions ensuring security in the information sphere.
National Security, 2023-2
Duben A.K. - Theoretical and Methodological Foundations of Information Security pp. 48-54

DOI:
10.7256/2454-0668.2023.2.40068

Abstract: The article is devoted to the theoretical and methodological foundations of ensuring the information security of the state. Information wars in the global information space have become an urgent threat to the security and sovereignty of Russia. The article is devoted to the analysis of the theoretical foundations and methodology of studying the mechanism of ensuring information security, disclosure of essential features, the structure of the outlined category. Revealing the essential aspects of information security, the level of its provision in Russia is investigated. The purpose of the work is to assess the effectiveness of state program-targeted planning in the field of information security, to identify problem areas in this area. The article provides an overview of regulatory documents regulating information security issues. A special contribution to the author's research is that the specificity of the system of special methods in the topic under study is manifested in the complementarity of regulation determined by key vectors. At the same time, the key methodological function of information law is the formation of a set of tools purposefully designed to regulate relations in the information sphere in accordance with the objective laws of the dynamic development of the global information society and the existing state policy of digitalization. At the same time, the set of legal methods of regulating public relations in connection with countering threats and challenges to the security of the individual, society and the state in the information environment, based on the methods, are transformed based on the specifics of the subject area.
Security Issues, 2023-2
Duben A.K. - Priority tasks of ensuring information security in the context of modern challenges and threats pp. 45-56

DOI:
10.25136/2409-7543.2023.2.43435

Abstract: The article discusses the issues of ensuring information, digital, and cybersecurity, which is an urgent, strategic task at both the national and international levels. It is established that in the current conditions of the global crisis and geopolitical changes, new approaches to the legal regulation of information security are needed. An urgent problem has been identified not only at the national, but also at the international level. In this regard, it requires the identification of new external and internal threats in the information sphere, as well as the study and forecasting of prospects for the development of international regulation of information security. The conducted research allowed us to conclude that in the conditions of digital transformation, it is necessary to work out and strengthen scientific and legal positions regarding the development of legal support for information security. In the course of the research, the author concluded that at the present stage of development of society and the state, among the most urgent threats to national information security due to the dynamism of the information sphere, it is possible to single out such threats as illegal impact on national information resources, information and telecommunication systems and information infrastructure, including critical information structures; the use of means and methods of spreading false (fake) information for the purpose of disinformation of an indefinite circle of people using illegal methods and means, including cognitive methods of influencing the human psyche in order to disorganize and suppress the will; unauthorized interference in the national information space.
International Law and International Organizations, 2023-1
Duben A.K. - International Legal Basis of Information Security: Results and New Challenges pp. 79-87

DOI:
10.7256/2454-0633.2023.1.40054

Abstract: The relevance of the research is caused by the transformation of law in conditions of great challenges and threats, and without understanding the global nature of the problems of this phenomenon, it is impossible to carry out active interstate cooperation. The purpose of research is to study the interstate cooperation in field of information security, as well as the development of measures to improve its effectiveness (primarily international legislation, as well as other interstate measures to prevent new challenges and threats). The object of the study is modern social relations developing in the field of interstate cooperation in ensuring information security. The subject is international legal acts regulating relations in the field of cybersecurity, materials and publications in the field of information security, Internet resources on the problems of this topic.  In the course of the research, the author concludes that today the dynamics of competitive relations in Russia are determined by a number of factors that should be developed at the sites of the SCO, BRICS, CSTO, CIS and other interstate regional associations for the growth of the interconnection of market participants, the integration of production, leveling sanctions costs. These conditions pose the task of finding legal means aimed at enhancing the development of the economic sphere and ensuring security in the information sphere. This poses the task of forming an effective mechanism of technical regulation. At a time when the Russian Federation has significant prerequisites for the breakthrough development of digital technologies as a driver of its economic growth, adequate legal solutions are needed to eliminate existing obstacles on this path.
Security Issues, 2023-1
Duben A.K. - Information Security's Place in the National Security System: Actual Problems of Information Law pp. 51-57

DOI:
10.25136/2409-7543.2023.1.40078

Abstract: The work is devoted to the study of information risks in the national security system. Today's challenges and risks in the information sphere force us to look for new relationships between industries to improve the quality of life and reduce information threats. The presented information threats require identification and leveling in the future if such external restrictions arise. The article reveals the role and place of information security in the national security system of the country. This paper discusses the basic concepts of information security in the system of ensuring the national security of Russia, as well as the types of threats to information security, methods and means of combating these threats. This article examines the problem of legal provision of information security. According to the results of the study, the author concludes that the information policy of the Russian Federation is the regulator of public and private legal relations, through which the strategic objectives of the state are realized. Information security, as a type of national security, by its regulatory influence permeates all the diversity of social relations arising in the process of human and state life. It follows from this that the legislator should improve not only the norms of a public-legal nature containing prescriptions and prohibitions, but also private-law norms, the construction of which is based on permissive (dispositive) regulation.
National Security, 2022-6
Duben A.K. - Certain Aspects of Legal Regulation of Information Security pp. 145-151

DOI:
10.7256/2454-0668.2022.6.39440

Abstract: The article is devoted to the analysis of the problems of legal support of information processes - the relationship of legal support of information security and issues of legal impact on the information system. The author's definition and the main provisions of the legal provision of information security are given. It is concluded that in the conditions of the Russian legal mechanism for ensuring information security, it is necessary to further improve the legal regulation of the protection of the information space of the state and its information infrastructure. Terminological uncertainty and inconsistency of the conceptual apparatus often become a problem of interpretation of the norms of law carried out at the stage of law enforcement activity. It is impossible to observe and apply legal norms without a clear textual expression. This problem is most aggravated when there is no legislative or scientific consensus on the meaning of concepts that are fundamental to a particular legal field. Such cases include the imperfection of the concept of "information security".
NB: Administrative Law and Administration Practice, 2022-4
Duben A.K. - Actual Problems of Administrative Responsibility in the Field of Information Security pp. 28-39

DOI:
10.7256/2306-9945.2022.4.38792

Abstract: The article emphasizes the relevance of drawing attention to the increasing role of administrative and legal provision of information security. The current administrative legislation is analyzed, and proposals are formulated aimed at finding administrative and legal means and methods, problems of ensuring information security. Based on the current administrative legislation, the article presents the author's approach to the problem of legal responsibility in the field of security in the global cybernetic space. The article examines the legal and organizational aspects of the implementation of administrative responsibility measures in the mechanism of ensuring information security, the importance of administrative coercion in the mechanism of building an information society is noted in the work.   The main conclusions of the study are that over the last period of time a number of changes have been made to the administrative legislation in terms of legal regulation of information security. These changes indicate that in the Russian Federation, state control is being strengthened to prevent information threats and risks, while the legislator responds in a timely manner to changes in society in the context of the digitalization of law and geopolitical instability in the world. To date, measures of administrative responsibility for offenses in the field of information security are constantly being developed and improved.With the advent of new information technologies, means of communication and objects of critical information infrastructure in the Russian Federation, it is necessary on an ongoing basis to conduct scientific research on issues of legal liability for unlawful influence on such information objects with the active participation of public authorities in order to introduce scientific and technical developments into practical activities.
International Law and International Organizations, 2022-4
Duben A.K. - International Cooperation of States in the Field of Information Security pp. 120-129

DOI:
10.7256/2454-0633.2022.4.39513

Abstract: The article deals with topical issues related to the development of the international information security system and shows the main directions of the development of information security in international and information law. The cross-border nature of the use of information and telecommunication technologies makes it necessary to ensure a common and indivisible international information security. The lack of a uniform interpretation of the content of the concept of "information security" in the legislation of different States and in the international treaties concluded by them does not contribute to the development of a consistent terminology for the purposes of international cooperation at the universal level. It is concluded that the key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of States designed to promote an open, safe, stable, accessible and peaceful information and communication environment. The main conclusions of the study are that international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, the priority is to combine efforts to ensure international and national information security. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.
NB: Administrative Law and Administration Practice, 2022-2
Duben A.K. - Administrative and legal regulation of access to information about the activities of public authorities in the Russian Federation pp. 1-12

DOI:
10.7256/2306-9945.2022.2.38254

Abstract: The subject of the study of this article is a set of legal norms of the Russian Federation and foreign states, international treaties (agreements) regulating public relations arising in the process of realization of the right to access information about the activities of state authorities and local self-government bodies. The object of the study is social relations arising in the process of realization of the constitutional right to access to information. The author examines in detail the issues of ensuring information security in the implementation of this constitutional right and problematic issues of administrative and legal regulation of access to information about the activities of public authorities. The main conclusions of this study are that the right to access information is a separate constitutional right with its own specific content. At the same time, the proper implementation of this right, taking into account the problems we have considered, is still under threat due to the imperfection of legislative regulation and law enforcement practice. In this regard, it should be proposed: to normalize the possibility of providing documents containing personal data of a third party, with preliminary depersonalization of such data; to determine the limits of the right to access information, taking into account the departure from the restrictive interpretation of the definition of "information on the activities of state bodies and local self-government bodies" in judicial practice (in a separate resolution of the Plenum of the Supreme Court The Russian Federation); to revise the approach on the correlation of individual normative legal acts regulating information and administrative relations.
International Law and International Organizations, 2022-1
Duben A.K. - International cooperation in the field of information security: general characteristics and the Russian approach to the study pp. 24-33

DOI:
10.7256/2454-0633.2022.1.37490

Abstract: Information security acts as the basic concepts of modern international relations. The level of penetration of information technologies and global networks into society is directly related to the level of development of the country. The Russian Federation has undertaken a number of foreign policy initiatives aimed at ensuring international information security and proclaiming the transparent course taken by the country to create conditions for the establishment of a full-fledged international legal regime for the formation of a secure information environment. The article discusses the main trends in the formation of an international regime to ensure information security. It is revealed that international cooperation makes it possible to establish problem-oriented approaches to identifying threats from other states to the internal information infrastructure and critical facilities of the state in order to undermine territorial integrity. The author comes to the conclusion that interstate agreements in the field of international information security make it possible to establish problem-oriented approaches to identifying threats from other states to the internal information infrastructure and critical facilities of the state in order to undermine territorial integrity. At the same time, the development of joint measures for the development of normative legal norms of international law determined the stages of achieving the specified safety indicators, resource provision and legal support. In order to develop legal support for international information security, further interstate cooperation is necessary in order to seek to increase interaction and improve the international legal framework for the implementation of specific joint initiatives in the field of international information security.
International Law, 2022-1
Duben A.K. - International legal framework for information security: problems and priorities pp. 51-60

DOI:
10.25136/2644-5514.2022.1.37654

Abstract: This article examines the international legal aspect and comparative characteristics of the development of information security in Russia and the countries of the world. The definition, forms, types and characteristics of various aspects and aspects of information security of information systems are revealed. Subject, object and conceptual possibilities of information security. The article is devoted to the legal regulation of information security in international cooperation. A detailed analysis of international regulatory legal acts that consolidate the foundations of information security has been carried out. The main directions of development of Russian and foreign legislation in the field of information security and the role of international bodies in ensuring information security are considered. The author concludes that the issue of improving the legal provision of information security in the field of international cooperation is clearly evidenced by the intensification of state cooperation within the framework of regional associations in the field of information security, as well as the conclusion of a number of international agreements and the adoption of joint statements in this area. In accordance with the current legislation, the article defines the level and degree of information protection. The emphasis is on the latest changes in legislation on information, information technologies as a set of measures to prevent unauthorized use, abuse, changes in information, facts, data in the historical and legal aspect of ensuring information security of information systems.
National Security, 2021-5
Duben A.K. - Recent trends in the development of legal regulation in the sphere of ensuring information security of the judicial system in the Russian Federation pp. 56-65

DOI:
10.7256/2454-0668.2021.5.36816

Abstract: This article explores the questions of information security in the conditions of digital transformation and improvement of state administration. The author analyzes the impact of these challenges upon the judicial system overall and legal support of information security. Considering the existing scientific research and foreign experience, the conclusion is made on modernization of digital interaction on the issues of notifying the parties about the court hearing. Special attention is given to the institution of identification. Vectors in the development of complex institution of identification in the conditions of digital transformation are outlined. The author analyzes the case law material of the courts of general jurisdiction pertaining to personal data protection of a particular category of citizens; as well as substantiates the importance of digital notification of the parties to court proceedings for preventing the abuse of procedural rights by unconscientious participants. The author believes that formalization of prohibition on posting court documents online, in cases involving military personnel or persons doing military service, would ensure personal data protection of a particular category of citizens. . The conclusion is made that the highlighted issues of ensuring information security in the context of administration of justice testify to poor legal regulation of the institutions of identification and personal data. The consolidation of the uniform principles of legal regulation of relations that arise in the process of consideration and resolution of court cases with the use of information and telecommunications technologies, would allow countering the new challenges and threats in the information sphere, as well as the impact of globalization upon determination of the national strategy for the development of information society.
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