NB: Administrative Law and Administration Practice - rubric Administrative law, municipal law and information security
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative law, municipal law and information security"
Administrative law, municipal law and information security
Duben A.K. - Administrative and legal regulation of access to information about the activities of public authorities in the Russian Federation pp. 1-12


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.
Duben A.K. - Actual Problems of Administrative Responsibility in the Field of Information Security pp. 28-39



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.
Rozhkova D.D. - Jurisdiction in administrative cases on recognition of information posted on the Internet prohibited for distribution in the Russian Federation as an Institution of administrative procedure law pp. 35-43


Abstract: This article analyzes peculiarities of jurisdiction on recognition information posted on the Internet prohibited for distribution in the Russian Federation, which is a relatively new institution of administrative procedure law. The subject of this research is the norms established in the Chapter 27.1 of the Code of Administrative Legal Proceedings of the Russian Federation, which form an autonomous institution of administrative procedure law of the Russian Federation. The provisions of this chapter are serve as the foundation for settling public law disputes emerging as a result of posting information on the Internet resources. The main conclusion consists in the statement that the concept of “information prohibited for distribution on the territory of the Russian Federation” needs to be amended, since the current legislation contains not only the rules that define information posted on the Internet. The author also underlines the need for introducing into the text of Administrative Procedure Code of pretrial procedure of consideration of administrative cases. The article substantiates that court procedure on recognition of information prohibited for distribution should be transparent and thoroughly regulated. At the same time, the case law confirms that legal process of recognition of information posted on the Internet prohibited for distribution in the Russian Federation is not flawless.
Shulikov K.A. - Administrative liability as a means of countering the spread of illegal content on the Internet pp. 62-78



Abstract: The relevance of writing this article is justified by the growing possibilities of providing negative information and psychological effects on the individual psyche and public consciousness of Internet users. This fact has a negative impact on the state of security in various areas of public administration. The author of this article considers administrative liability as a means of countering the spread of illegal content on the Internet. The subject of the published research consists of: the norms of administrative and tort legislation establishing administrative responsibility for the dissemination of illegal content; administrative and judicial practice developing in this area of public relations; scientific literature devoted to the study of signs of administrative offenses, administrative responsibility and ensuring information and psychological safety of the population from threats arising in the Internet environment. The purpose of this work is to characterize the main signs of administrative offenses related to the dissemination of illegal content, as well as legislation on administrative offenses in terms of bringing persons distributing illegal content to administrative responsibility.  The methodological basis of the research consists of general scientific methods of cognition (analysis, synthesis, etc.), as well as systemic, structural-functional and formal-legal methods. The scientific novelty of the study consists in the formation of a list of administrative offenses related to the dissemination of illegal content. Also, within the framework of this work, a characteristic of the main signs of administrative offenses is presented, on the basis of which it is possible to limit the dissemination of information in the network space. It has been established that the studied group of acts has a sign of social danger. Criteria for measuring the degree of public danger of offenses related to the distribution of illegal content are formulated. Justified and empirically confirmed (based on the results of a sociological survey of 100 employees of the internal affairs bodies of the Russian Federation) the need to adjust the legislation on administrative responsibility, namely, the addition of Article 4.3 of the Administrative Code of the Russian Federation with the following sign aggravating administrative responsibility: "the commission of an administrative offense in information and telecommunications networks, including the Internet or using these technologies".
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