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The Development of the Information Society in the Russian Federation: digital Information, information Technology and public Administration

Paschenko Il'ya Yurievich

ORCID: 0000-0002-1445-2126

Adviser to the staff, Election Commission of the Krasnodar Territory

350000, Russia, Krasnodarskii krai, g. Krasnodar, ul. Gimnazicheskaya, 30, -

ilpa@mail.ru
Other publications by this author
 

 

DOI:

10.7256/2306-9945.2022.3.38578

EDN:

QSVTWK

Received:

07-08-2022


Published:

16-08-2022


Abstract: In the presented work, the author explores the development of the information society in the Russian Federation. Among the main factors influencing the transformation of public administration, the use of digital information and the use of information technologies by public authorities and local self-government are highlighted. The subject of the study is the legal regulation of relations arising in connection with the use of information in digital form and technologies related to its processing for management purposes. The task set by the author is due to the identification of trends in the development of information activities of public authorities. It is noted that in the current conditions, communication between citizens and the state is changing due to the emergence of new management mechanisms. The main hypothesis of the study is that the process of changing the electronic form of phenomena and categories to their more modern analogue in the perception of management subjects, which has a digital embodiment, is fixed. Digitalization did not become an unexpected phenomenon, it was preceded by the process of automation and informatization in public administration. The novelty of the research lies in the theoretical substantiation of the need to establish a continuous information exchange between the state and citizens by providing the population with permanent access to information and opportunities for its independent use, including automated processing. The practical value of the work is due to the consideration of the process of changing the provision of state and municipal services from the perspective of management activities and the new concepts of "superservice" and "monoservice". Conclusions are drawn about the stability of the existing regulatory framework for the development of public administration in the context of the digital transformation of society and the need for timely, point-by-point regulation of information legal relations of a public nature.


Keywords:

electronic democracy, electronic state, digital state, public administration, management activities, information activities, digital information, information technology, information systems, public services

This article is automatically translated. You can find original text of the article here.

The Information Society, according to the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030, approved by Presidential Decree No. 203 of May 9, 2017 (hereinafter referred to as the Strategy), is defined as a society in which information has a significant impact on the economic and socio-cultural spheres. At the same time, it is not the availability of information itself that affects the quality of a person's life, but the possibilities of its "application" and "accessibility".

The legal definition of the information society formulated in the Strategy does not accurately reflect the current legal regulation in terminology. Mentioning information as a resource, as a rule, implies the possibility of working with it, including automated processing, for the purposes necessary to achieve the expected positive result. In the Federal Law "On Information, Information Technologies and Information Protection" dated July 27, 2006 No. 149-FZ, among the sectoral principles, the possibility of searching, receiving, transmitting, producing and distributing information is noted. These actions are not only listed in the current legislation – they have received a normative definition, interpretation and fixation in industry law. This "formula" also has a comprehensive constitutional consolidation, since the information is mentioned in Article 29 of the Constitution of the Russian Federation.

The wording "application" is the most appropriate in relation to another concept – "information technology". Such technologies are used in various spheres of human activity. At the same time, the current period of social development is characterized by their total penetration not only into new areas of everyday and professional activity, but also by a direct influence on the dynamics of the development of public relations, their qualitative transformation. The prerequisite of these circumstances was the formation of an extensive network of digital communication channels, i.e. the improvement of information infrastructure. These processes can be called digital transformation or digitalization, which affects society and the relations developing in it, including those having a legal nature.

The definition fixed by the Strategy, although it contributes to the emergence of a number of controversial issues, however, it quite accurately characterizes the most important foundation of the information society – information. In the current conditions, information is a key resource that can be used for the development of society and the state.

Among the national interests of the Russian Federation outlined in the Strategy, the need to improve the efficiency of public administration is indicated. Management activities are mentioned in a separate paragraph in the text of the act along with the economy and social sphere. Such a mention is not accidental and, in our deep conviction, is connected with the need to solve urgent problems in these areas, which have accumulated over a long period and remain relevant up to the present time. In connection with the above, a quite natural question arises: is there a conceptual transformation of public administration in the information society in connection with digitalization?

Management decision-making in the current conditions can be directly linked to the possibilities of using information and information technologies by public authorities. Correct work with relevant information in digital form allows you to make such management decisions that will take into account many factors, and many of them are often impossible for an employee to establish when analyzing based on their own (human) forecasting and analytics capabilities. Thanks to the use of information technologies that offer a more serious computing potential compared to human capabilities, it is possible to obtain the necessary information for making managerial decisions. Such a process of obtaining qualitatively new information due to the specifics of the work of software algorithms may not always be obvious and explicable, transparent and understandable, and therefore it cannot and should not be considered as an exceptional, the only correct basis for decision-making in management activities.

The research notes that information is a central element of public administration [4, p. 77]. Analyzing the historical stages of the development of information activities of public authorities and local self-government, it can be noted that high-quality work with information is one of the factors determining the effectiveness of decisions taken. The information used for the purposes of public administration has gone through a long evolutionary path of the organizational form of expression: from the first written records recording a fact, event or circumstance, the authorities have moved on to paperwork and document management, interdepartmental interaction and the provision of services in their usual understanding as actions and activities at the request of interested persons (applicants). Considering documents as information contained on a material carrier and having the appropriate requisites, it is possible to indicate a change in their organizational form – from the acquisition of physical embodiment to the emergence of an electronic image. The gradual accumulation of documents (information on tangible media) required their systematization. Working with electronic images made it possible to switch to a fundamentally different format of the process under consideration – automated processing of information in digital form. The use of information technologies has allowed public administration to go through the processes of automation and informatization, as well as gradually enter a new stage of digitalization. Accordingly, the accumulation of digital information predetermined the next stage in the development of information activities of modern public authorities – the use of information systems containing arrays of digitized and digital information – data. At the same time, information activities within the framework of public administration today can be considered more broadly than using the results of data processing contained in state, municipal and other information systems for decision-making purposes.

Digitalization leads to the expansion of forms of citizens' involvement in governance through various mechanisms and measures [3, p. 16]. Thus, when communicating with the state, citizens use services, websites, petitions, voting in electronic (remote) format. When building such communication, information technologies are used, which in recent years have become much more accessible to a wide range of people – both for the authorities and for the population. Information technologies, which have become widespread, are primarily associated with the use of the Internet. For example, the Strategy notes that in 2016, more than 80 million Russians became users of the information and communication network. According to the latest statistical data provided by the Federal State Statistics Service, the number of citizens who regularly use the Internet reaches almost 90%, and almost 80% of the total population on a daily basis [13, p. 21].

The use of information technologies contributes to both targeted and broad involvement of even politically inactive citizens in the indirect process of preparing and making state decisions (for example, the first experience of introducing and using remote electronic voting in domestic electoral practice demonstrates that this method of voting has a positive impact on voter activity in elections). The participation of citizens in governance through the use of information technologies allows not only to increase the legitimacy of state power, but also provides additional conditions for the free receipt of information.

To characterize the processes of involving citizens in various areas of management activity, the theory has developed a system of scientific concepts: electronic parliament, electronic government, electronic justice, electronic voting. In public law sciences studying the functioning of the state, these concepts are often mentioned by researchers as institutions of electronic democracy, which have become the subject of scientific works of domestic lawyers in the context of the legal policy of the state relatively recently [7, p. 41], and interest in the phenomenon of "e-government" in international and foreign management practice is associated with by the end of the last century [2, p. 47]. It is important to emphasize that these categories in the presented terminology often do not receive legal consolidation. Regulatory fixation is acquired only by certain mechanisms used in management and other activities (for example, electronic signature, electronic message, electronic document, electronic document management, etc.). This practice may differ markedly in different countries. For example, in the UK, there was a purposeful development of specialized projects in the field of e-democracy, which involved both communication of citizens with public institutions through digital communication channels, and the organization of new forms of expression of will within party institutions [10, p. 57].

It is worth noting that the use of information and the use of information technologies in the activities of public authorities is not always focused on improving the efficiency of public administration. In Japan, e-government mechanisms are aimed at achieving macro-level results, in particular, they are used for the socialization of certain categories of citizens [5, p. 102]. The People's Republic of China is developing regulation in the direction of ensuring state security, including information [6, p. 74]. For these purposes, special monitoring information systems with intelligent functions are being created that analyze and take into account data received from users' technical devices and through infrastructure facilities through a system of sensors and sensors in the urban agglomeration.

Trends in the development of domestic rule-making clearly demonstrate that these concepts associated with the electronic form of organization and expression of phenomena are gradually being replaced by "digital" categories similar in meaning and understanding, but different in essence and nature. Thus, the concepts of "digital economy", "digital rights", "digital certificate", "digital financial asset", "digital currency", etc. have been introduced into the legislation. At the same time, the basis for the emergence and development of both electronic and digital categories in law is formed by well-known objects of regulation of industry legislation: information, information technologies, information systems, etc. The search for semantic, linguistic, legal and other differences between the formulations "electronic" and "digital" is not the subject of this study, but the difference in the understanding of categories for the purposes of public administration is based on the mechanisms of communication between citizens and the state that actually exist and operate in practice.

The digital transformation of society allows us to look at the latest approach to the implementation of public administration, in which the traditional form of communication between citizens and the state in the person of authorities requires not only feedback and information processing (electronic period). A promising direction is to ensure continuous information exchange between the state and citizens by providing the population with permanent access to information and the possibilities of its independent processing (digital period). We believe that today it is advisable to talk about the interdependence of digital information and information technologies in management, laying the foundations not of an electronic, but of a digital state. The digital state as a phenomenon in legal reality is already being actively investigated in science, and the prerequisites for the transition to it were recorded by international researchers a decade ago [9, p. 127].

The current digital agenda in Russia is not carried out in isolation, but is implemented jointly with the states of the Eurasian Economic Union. Management activity is considered in close relationship with the development of the digital economy. The researchers note that the digital economy in the context of Eurasian cooperation is understood as the process of introducing technologies into various spheres, including public administration [1, p. 39].  A similar position is reflected in Decision No. 28 of the Supreme Eurasian Economic Council of October 16, 2015 "On the Main directions of economic development of the Eurasian Economic Union", which provides for the change of management mechanisms under the influence of digitalization along with the transformation of markets for goods, services, capital and labor, infrastructure, security. In addition, not only the expansion of the information activities of the bodies in the performance of their management tasks is recorded, even in international legal practice, new directions of information support for economic management in certain industries are already being identified [14, p. 18].

In many ways, there are unique national examples of the transformation of management tools in the information society in Russia. One of the innovations designed to ensure communication between citizens and the state in such conditions is the provision of state and municipal services in electronic form through a special information system (in the Russian Federation – a single portal of state (municipal) services). The quality of public administration and the efficiency of the provision of services are directly related to the concept of an electronic state, providing its meaningful content. New public services offered in electronic form are often tested on the business community, and only then become available to citizens, which is a global trend in management [8, p. 23]. A new terminology is also gradually penetrating into public administration, which is not typical of public legal activity (client-centricity as a concept of complex satisfaction of the needs and interests of service recipients [11, p. 13]). At the same time, the degree of integration of business directly into the process of rendering state and municipal services of special social significance for the population remains relatively low. In the process of providing services in electronic form, public authorities do not seek to include intermediaries, with the exception of trusted organizations that ensure the functioning of information technologies (for example, issuing an electronic signature, verifying a digital certificate, etc.).

The modern stage of the development of the information society has a service essence [12, p. 83]. Currently, even public services in electronic form are being conceptualized in the process of implementing public functions of the state, which allows them to be presented in a new form – in the form of super services and monoservices. The concept of "superservice" is absent in the current legislation, but its mention can be found in subordinate regulations, acts of federal and regional executive authorities. Superservice allows you to provide such opportunities for interaction for the purposes of public administration, which were not previously available with traditional communication in electronic form. They are based on the following approaches to the organization of management:

- absence of the need for the physical embodiment of documents necessary to confirm the identity, event or fact, or minimization of the number of documents (documents gradually lose their original meaning and significance in legal actions);

- the use of modern identification and authentication mechanisms that exclude physical visits to the premises of bodies and institutions;

- comprehensive consideration of applicants' appeals with the possibility of interdepartmental interaction;

- receiving state and municipal services, including those providing for the implementation of constitutional rights and obtaining social guarantees, in the absence of the need for direct application for them;

- expansion of access to information due to the cross-platform nature of information systems and the emergence of new legislative guarantees;

- reduction of corruption and other risks, including those that allow abuse by employees.

Another new concept related to the service essence of the management digitalization process is monoservices. Monoservices can be represented as state (municipal) services that are part of superservices or are implemented separately from them, while their feature is the priority digital transformation of the procedural order of provision, due to the high demand from citizens. Monoservices are based on approaches:

- use of the Portal of Public Services of the Russian Federation;

- electronic format of the provision of services without taking into account the territorial affiliation of the applicant;

- automatic document generation in electronic form without the need for a management decision by a person;

- informing about the possibility of receiving such a service;

- saving information about the provision of the service in the information system (registry);

- building interdepartmental interaction of bodies and institutions without involving the applicant in this process.

Superservices and monoservices are professional terminology of management activities that arose in connection with the digitalization of public administration, while citizens, as before, apply for specific services.

The emergence of the considered categories and their legal consolidation in legislation will not require a radical restructuring of information and industry regulation, since in essence they are information systems with a complex organizational structure and a large number of different subjects of information relations.

Thus, the development of the service model of the state is a promising direction that allows achieving significant progress in the quality of the implementation of functions by public authorities. The form of communication between citizens and the state is undergoing a meaningful change due to new ways of using digital information and the use of information technologies. To achieve positive results, the authorities use the tools that arise in the process of digital transformation of public administration. At the same time, public administration exists and is not implemented indirectly, it, along with other spheres and industries, is developing rhythmically in the context of the digital economy. The current, highly dynamic period of development of the information society creates the need for continuous improvement of management mechanisms.

References
1. Andreev, V.K., Andreeva, L.V. (2018). Introduction of digital technologies into the economy of the EAEU member states. International cooperation of Eurasian states: politics, economics, law, 2, 38-47.
2. Vaskova, M.G. (2010). Problems of formation and implementation of electronic democracy in an electronic state. Russian Law Journal., 4, 47-50.
3. Dzidzoev, R.M., Lolaeva, A.S. (2022). Digital (electronic) democracy in Russia: concept and limits. Legal Bulletin of the Kuban State University, 2, 14-20.
4. Evsikov, K.S. (2022). State-legal concepts of the use of information technologies in public administration. Lex russica (Russian Law), 1 (75), 74-86.
5. Efimov, A.A. (2015). Electronic government of Japan in the context of domestic and foreign policy of the state. Economic and socio-humanitarian studies, 3, 101-107.
6. Konopiy, A.S. (2021). Digital transformation of the state and law of China. North Caucasian Legal Bulletin, 3, 72-77.
7. Kuryachaya, M.M. (2013). Electronic democracy as a challenge of modern legal policy. Constitutional and municipal law, 1, 41-45.
8. Mamai, E.A. (2013). Public services and electronic government in modern states. Bulletin of the Volgograd State University. Series 5. Jurisprudence, 2, 28-33.
9. Pavlyutenkova, M. Yu. (2019). Electronic government vs digital government in the context of digital transformation. Monitoring of public opinion: Economic and social changes, 5, 120-135.
10. Ponkin, I.V. (2013). The concept of an electronic state within the framework of a new system of public administration. Bulletin of the RUDN. Series of Legal Sciences, 4, 52-58.
11. Sabirova, Z.E. (2021). Digital transformation of service provision in the service state. Vestnik GGNTU. Humanities and socio-economic sciences, XVII, 4, 11-17.
12. Tikhonova, S.V. (2017). The public sphere of the information society: the development of the electronic state. News of Saratov University. A new series. Sociology series. Political science, 17, 1, 80-85.
13. Abdrakhmanova, G.I., Vasilkovsky, S.A., Vishnevsky, K.O. (2022). Digital Economy: 2022: a brief statistical collection. M.: HSE.
14. Yakushenko, K.V., Shimanskaya, A.V. (2017). Digital transformation of information support for economic management of the EAEU member states. News of Science and Technology, 2, 11-20.

First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Discussion on the development of the information society in the Russian Federation: digital information, information technology and public administration". The subject of the study. The article proposed for review is devoted to the discussion "... on the development of the information society in the Russian Federation ..." in terms of digital information, information technology and public administration. The author has chosen a special subject of research: the proposed issues are investigated from the point of view of information and administrative law, while the author notes that "Although the definition fixed by the Strategy contributes to the emergence of a number of controversial issues, it quite accurately characterizes the most important foundation of the information society – information. In the current conditions, information is a key resource that can be used for the development of society and the state." The statements of opponents and Russian legislation relevant to the purpose of the study are studied. Some small (only three) volumes of modern scientific literature on the stated problems (mostly close to the topic of the article) are also studied and summarized, analysis and discussion with the opposing authors are not provided. Some references are given (one of them to the 2013 article and the second to the "short statistical collection"). At the same time, the author notes that "Management decision-making in the current conditions can be directly linked to the possibilities of using information and information technologies by public authorities." Research methodology. The purpose of the study is determined by the title and content of the work "... the accumulation of digital information predetermined the next stage in the development of information activities of modern public authorities – the use of information systems containing arrays of digitized and digital information – data". It can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. In particular, the author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis would make it possible to generalize some of the opponents' approaches to the proposed topic and would influence the author's conclusions. But this was not done. Special legal methods played a certain role. In particular, the author used a formal legal method (in a truncated form), which allowed for the analysis and interpretation of the norms of current Russian legislation (Strategy and Law). In particular, the following conclusions are drawn: "Among the national interests of the Russian Federation outlined in the Strategy, the need to improve the efficiency of public administration is indicated," etc. Thus, the methodology chosen by the author is not fully adequate to the purpose of the article, it allows you to study only certain aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important both in the world and in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "Correct work with relevant information in digital form allows you to make such management decisions that will take into account many factors, and many of them the employee often it is impossible to establish in an analysis based on one's own (human) forecasting and analytical capabilities." Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is questionable. It is not expressed in the specific scientific conclusions of the author. Among them, for example, is the following: "... information activities within the framework of public administration today can be considered more broadly than using the results of data processing contained in state, municipal and other information systems for decision-making purposes." As can be seen, these and other "theoretical" conclusions cannot be used in further scientific research. Thus, the materials of the article as presented cannot be of interest to the scientific community. Style, structure, content. The subject of the article does not quite correspond to the specialization of the journal "Administrative Law and Practice of Administration", according to the title, it can be assumed that it will be about administration or administrative and legal regulation, since it is devoted to the discussion "... on the development of the information society in the Russian Federation ..." in terms of digital information, information technology and public administration. But this is not the case. There is no discussion at all, and there is no one to discuss with, there are no opponents! The article lacks an analysis of the opponents' scientific works, so the author does not note that a question close to this topic has already been raised and that the author uses their materials, he does not discuss with opponents. The content of the article does not correspond to the title, as the author considered some of the stated problems, but did not achieve the purpose of his research. The quality of the presentation of the study and its results should be recognized as incomplete. The subject and tasks directly follow from the text of the article, but there is no methodology, the results of legal research, and scientific novelty. The design of the work does not meet the requirements for this kind of work. There are many significant violations of these requirements: the absence of the "Discussion..." itself, stated in the article; a very short bibliography, etc. Bibliography. The quality of the literature presented and used should be evaluated poorly. The works of some of these authors correspond to the research topic, but do not have a sign of sufficiency, do not contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author has not conducted a serious analysis of the current state of the problem under study. The author describes some points of view on the problem, argues for some position that is correct in his opinion, without relying on the work of opponents. Conclusions, the interest of the readership. The conclusions are not logical, they are not specific. The article in this form cannot be of interest to the readership in terms of the presence in it of the author's systematic positions in relation to the issues stated in the article, which should be typical for legal research. Based on the above, summing up all the positive and negative sides of the article, I recommend "reject".

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

In the article submitted for review "The modern stage of the development of the information society in the Russian Federation: digital information, information technology and public administration", the author assessed the existing prerequisites for the development of opportunities for the use of information and information technologies in public administration, the author's argument that the modern period of social development "is characterized by their total penetration not only into new areas of daily and professional activity, but also a direct impact on the dynamics of the development of public relations, their qualitative transformation." At the same time, with regard to this article, I would like to make the following comments and suggestions, which are the author's judgment and may not be considered critical. The subject of the research: The title of the article proposed by the author "The modern stage of the development of the information society in the Russian Federation: digital information, information technology and public administration" suggests an analysis of the legal regulation of this issue in development: a comparison of some of the author's approaches to the stages of development of the information society, as well as in the context of public administration of such a society. The analysis of the theoretical approaches to the issue under study by the author rightly leads not only to the study of the "national interests of the Russian Federation outlined in the Strategy", but also to the search for a balance of such, taking into account the opinion of civil society. The author proposes to comprehend the transition to making "managerial decisions" ... "with the possibilities of using information and information technologies by public authorities," which is the most convenient and acceptable for both society and the state. However, in the article, the author has chosen as the subject of research to a greater extent the question of describing the theoretical and legal state of digital and information technologies, rather than those problems that may arise in connection with the "absorption" of the Internet by document management technologies. The author rightly points to the statistics of 2022 (link to source 13), but this is not the only true and fully justified for the chosen research topic, since difficulties remain in this issue, among which: 1) Internet access throughout Russia (including the quality of its coverage, etc.), 2) literacy and consideration of the desire of users when switching to Internet technologies (including in villages, as well as among senior citizens, etc.). That is, in the subject of his research, the author points only to theoretical and legal issues of regulating the topic, and not those issues that are characteristic of society in connection with the use of these technologies. Research methodology: The article uses a sufficient amount of methods to ensure the disclosure of the subject of research. Relevance: The topic is very relevant due to the need for a constant search for a balance between the introduced mechanisms of state regulation and the use of information technologies considered by the author by citizens, as well as the search and identification of "a number of controversial issues.... characterizing the foundation of the information society – information". Style, structure, content: The author has a single conceptual line, which he adhered to during the research. The style as a whole has a legal color. Appeal to opponents: The article has a debatable component and the author notes some approaches, among which the most valuable is that "digitalization leads to an expansion of forms of citizen involvement in governance through various mechanisms and activities" Conclusions, the interest of the readership. The work is a set of sufficient arguments to the arguments of the author. The article gives the impression of a completed in-depth study with a well-studied theoretical and conceptual apparatus and practice of legal regulation. The work may be recommended for publication.
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