Administrative and municipal law - rubric ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION

Abstract: The author explores the phenomenon of the legal personality of AI through the prisms of the constructions of the rights of animals, humans and certain types of persons. Theoretical and practical approaches to highlighting the legal personality of AI through the prism of a legal entity, animal, human are considered. Practical approaches are being studied on the conditions for the allocation of legal personality through the construction of Habeas Corpus, membership of the "board of directors", as well as the authorship of AI. The main legal structures for the implementation of this legal personality, the positions of the relevant authorities, as well as the stability of individual decisions at the level of consideration by the judiciary and compensatory legal measures that ensure the safe integration of AI into the sphere of public legal relations in Russia are determined. The subject of the study is the formalization of the actions of artificial intelligence as a separate subject of law in the private legal and public fields. The object of the study is regulatory documents, recommendations and other documents regulating the issues of distinguishing the legal personality of AI in Russia and foreign countries, academic publications on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. The measures proposed as a result of the study can be applied in the legislative and law enforcement practice of relevant authorities implementing the integration of artificial intelligence into the sphere of public and public relations in Russia.

Keywords: legal personality of AI, public law, Habeas Corpus, information law, comparative legal study of artificial intelligence, electronic person, artificial intelligence, AI authorship, legal entity, government regulation of AI

Abstract: Due to the information system development in public sector state civil officers get involved in a whole system of information-based relations. Therefore, it is impossible to imagine their supervising and permitting activities without obtaining and using certain information. Taking this into account, it seems necessary to develop a new model of administrative law regulation of information-based relations in the system of state civil service and this new model should cover all new problems of the global informatization of a modern society.

Keywords: service, officer, security, information, informatization (information system development), corruption, enforcement, control, procedures.

DOI: 10.7256/2454-0595.2023.1.39893

Abstract: Within the framework of this article, a comparative analysis of existing approaches is carried out to determine the basic conditions for ensuring the autonomy of AI in the context of public legal relations of foreign countries and Russia. As part of the comparative analysis, the basic problems in the field of AI decision-making transparency in world practice, practical situations of integrating non-transparent AI into the sphere of public legal relations in foreign countries, as well as possible compensatory legal measures that ensure the safe integration of AI into the sphere of public administration in Russia are being investigated. The subject of the study is the formalization of the actions of artificial intelligence as a representative of a government body. The object of the research is normative documents, recommendations and other documents regulating the implementation of AI autonomy for the purposes of public legal relations in Russia and foreign countries, judicial practice, academic publications on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the phenomenon of AI autonomy, which implements public functions based on the experience of various states. The measures proposed as a result of the study can be applied in the legislative and law enforcement practice of the relevant authorities implementing the integration of artificial intelligence into the sphere of public relations in Russia.

Keywords: law enforcement practice, information law, public law, administrative law, safety AI, machine learning, counterfactual analysis, comparative legal research of AI, electronic person, artificial intelligence

DOI: 10.7256/2454-0595.2017.9.23803

Abstract: The research subject is the nature of legal relations in the sphere of government control of creation, launching and use of information systems. The author classifies legal relations as those related to the creation of state information systems (creation, launching, use, support, development, decommission) and connected with their use (delivery of information, access to information, use of state information systems), and those connected with the ownership right to state information systems and their components. The author analyzes the object, subject composition and the content of such legal relations. To characterize each group, the author uses the method of generalization. The author concludes that the relations, connected with the creation of state information systems, are of administrative-legal nature. At the same time, the relations if the field of their use are connected with the information inside the information system, and therefore can be classified as information legal relations. The author’s classification and conclusions are fundamentally important for information and administrative law.

Keywords: Access to information, Information, Object of legal relationship, Information relations, Legal relations, State information systems, delivery of information, Data protection, creation, use

Abstract: The article considers the legal regulation of domain names. It is noted that domain names are a part of data protection law. The article reveals the role of domain names in a modern information society.

Keywords: information, domain, domain name, protection of information, security, intellectual property, information industry, net, Internet, technologies

Abstract: Improvement of administrative law defense of banking activity from credit risks is closely connected with reliable legal protection. Today there is a certain need in original decisions and actions because constant search for creative decisions, mobility and readiness to implement all kinds of technical innovations is inevitably connected with a risk. Therefore the problem of administrative law defense is gaining its importance for all market agents.

Keywords: studies of law, improvement, administrative, legal, defense, banking, activity, credit, risk, regulation.

Abstract: The article studies the legal grounds for realizing functions of municipal control information support established by the federal laws. According to the author, these functions include information exchange between bodies of municipal control and other state bodies; information support of municipal control performance evaluation; and public access to information about results of municipal control. The author describes drawbacks in legal enforcement of the information content to be displayed and suggests certain ways to improve those.

Keywords: municipal control, self-government issues, delegated state powers, monitoring of municipal control enforcement, interaction between state control (supervision) and municipal control bodies, content of displayed information, performance evaluation of municipal control.

Abstract: The role of informatization and its inf luence on human are constituently growing in the modern world. Information is created and distributed at a faster pace and new ‘information- based’ society is being created. Russian state and society cannot be left beyond these processes. However, today’s regulatory grounds for reproduction and distribution of mass media in Russia are pretty obsolete and are rather an impediment than a m ean of boosting democracy.

Keywords: mass media, legislation, law, constitution, information, guarantees, freedom, democracy, censorship.

Abstract: All information that is being circulated is subject to legal regulation. Regulatory acts establish the legal regime of information. Depending on the legal regime, there can be either free access, or limited or closed access to information that is usually defined by the level of importance given by the state institution. In order to define the importance of this or that information for the state and social institutions as well as for individuals, it is necessary to pay attention at the Russian Federation laws specifying the concept of information.

Keywords: citizen, right, constitution, authority, state, information, level, system.

Abstract: This article is devoted to the analysis of the Federal la ‘On provision of access to information about activities of state authorities and local self-government authorities’.

Keywords: law, information, access to information, disclosure and availability of information, freedom of choice, reception, transfer and distribution of information.

Abstract: The article studies the legal and organizational issues of implementation of information technologies, describes peculiarities of the relations pertaining to protection of information and gives certain suggestions on how t o improve exisiting information legislation.

Keywords: law, administrative law, information law, information, information technologies, protection of information, information activity, state information activity.

Abstract: The article is devoted to corporate editions as a special form of the company internal mass media. The author provides the definition of the edition and describes its goals, tasks and contents as well as ways of functioning as a PR tool. The author also analyzes the differences and similarities between corporate and traditional popular editions.

Keywords: PR, corporate publication, company internal mass media, publishable capital, image, telecommunication, corporation, advertising.

Abstract: The article is devoted to the study of legal grounds defining the borders of municipal regulation of information-based relations and established practice of municipal law-making in the sphere of information based on the example of urban and municipal districts. The author of the article makes certain conclusions regarding administrative law nature of municipal law-making in the sphere of information. The author also suggests that the Federal Law ‘On General Principles of Organization of the Local Self-Government in the Russian Federation’ should specify the unified volume of law-making powers granted to executive and representative authorities of local government in this sphere. It would allow to reduce the risk of development of information inequality of municipal units and t o ensure the consistency of informatization processes.

Keywords: information, competence, law-making, legal relations, municipal, local, powers, charter, regulation, site, domain.

Abstract: The article is devoted to description of theoretical grounds for using administrative methods in state administration. Based on the study of a wide range of sources, the author analyzes essential features of such methods, classifies them depending on different criteria and suggests means of further scientific research in this sphere.

Keywords: administrative law, sate administration, administrative law methods, methods of administrative regulation, persuasion, enforcement, stimulating, means of state administration.

Abstract: The article is devoted to the legal and organizational issues of implementation of information technologies This time the author describes certain peculiarities of relations involving protection of children from information harmful for their health and development.law, information, informatization, technology, defense, activity, state institution, children, protection, harm, health, child, development.

Keywords: pravo, informatsiya, informatizatsiya, tekhnologiya, zashchita, gosudarstvo, deti, zashchita, vred, rebenok, razvitie.

DOI: 10.7256/2454-0595.2017.2.21503

Abstract: The research subject is the four official (government-supported) federal websites specialized in the acceptance of citizens’ electronic appeals: The Single Portal for Central and Local Government Service; the online portal of pre-trial appeal against central and local government services; the online portal “Your Control”; the website “Russian Public Initiative”. The author analyzes the universal government-supported websites, but not the websites of particular governing bodies created in the pursuance of the Federal Law “On the provision of access to the information about the activities of central governing bodies and local governments”. The author applies the following methods: dialectics, abstraction, analysis, synthesis, induction, deduction, the formal-legal method, the method of intersectoral legal studies, and the comparative-legal method. The present article is one of the first complex studies of websites, specialized in the acceptance of citizens’ appeals, analyzing all the existing Russian specialized government-supported websites on the Internet. The author considers the legal framework of these websites’ functioning and the algorithm of their work with citizens’ appeals. The author analyzes the problem of anonymity of electronic appeals and its solution by means of the registration on The Single Portal for Central and Local Government Service. The author detects the advantages of specialized websites in comparison with other ways of lodging and processing of citizens’ appeals: federal coverage (the appeal can be lodged with any governing body connected to the information system); convenience (appeals can be sent electronically from any place with access to the Internet including a mobile phone); compatibility (all the mentioned websites operate on the base of the single applicant identification system and are interconnected); consideration procedure transparency (application processing by a governing body is reflected on the applicant’s personal account). The research can help improve the work with electronic applications and increase the quality of their processing by governing bodies.

Keywords: the "Your Control" portal, Portal for Central and Local Government Service, electronic document, electronic appeal, appeal, applicant identification, official website, portal of pre-trial appeal, right to appeal, anonymous appeal

Abstract: the article studies the federal legislation regulating municipal information relations. The author underlines the need in a systemic regulation of such legal relations as well as in a clear definition of competence of municipal organizations in the information sphere (and legislation of these positions in the Federal Law ‘On General Principals of Organization of Local Self-Government in the Russian Federation’). The author also raises the issues on legal regulation of the basis of electronic municipal government

Keywords: municipal information resources and systems, electronic municipality, competence of municipal organizations, digital inequality of municipal organizations, transparency of activity of local self-government, municipal information services, information supp

DOI: 10.7256/2454-0595.2016.1.17308

Abstract: Computerization has a significant impact on the development of the society, on the relations between the state and citizens. The article shows the evolution of the concepts «Information society» and «Global information society». The author discusses the improvement of Russian normative legal base in the context of the global information society, emphasizes the importance of legal awareness of citizens by means of openness and accessibility as one of the main tasks of public authorities and local self-government. The author demonstrates the necessity to clarify normative legal formulations. The author applies the method of theoretical research of the works of Russian and foreign scholars, whose studies focus on the essence and the patterns of formation of the national and global information society. The author concludes that, with the rapid formation of legal acts and the change of the situation in the information society, new problems emerge: the preparation of normative legal acts doesn't always conform with the changing conditions; the integration of legislation in the allied branches is also problematic.

DOI: 10.7256/2454-0595.2016.1.67345

Keywords: legal regulation, normative legal act, legislation, foreign legislation, global information society, information society, society, information policy, state, state information services

DOI: 10.7256/2454-0595.2013.2.62130

Abstract: Due to the development of informatization processes in public management, state civil officials get involved into a whole system of information-related legal relations. This is why it is almost impossible to imagine their supervisory, permitting and jurisdiction activities without obtaining and using necessary information. Taking this into account, at a modern stage it is very important to develop a new model of administrative law regulation of information relations in the system of state civil service. It is very important that such a model takes into account all new problems of the global informatization of a modern society.

Keywords: service, official, information, security, informatization, management, corruption, provision, control, procedures.

DOI: 10.7256/2454-0595.2016.3.16082

Abstract: The article is prepared within the scientific research work “Improvement of legal regulation of information relations in the executive authorities system”. The research focuses on the improvement of the contemporary administrative and information legislation, the development of scientifically grounded proposals aimed at legal regulation of systematization and codification of functions and responsibilities within the system the executive authorities in the context of the developing information society. The author analyzes the existing systematization of functions and responsibilities within the system of executive authorities for the purpose of optimization of state (local) administration in related spheres, and improvement of the procedures of interaction between state, physical and legal entities; reveals the advantages and shortcomings of classifiers application in the sphere of management according to the parameters of the system of executive authorities, functions of executive authorities, classifiers, registers and standards of documenting managerial information in terms of the resources of information technologies. The main research methods are analysis and synthesis. The author also applies the general scientific method, the comparative-legal method and the system approach. The author concludes that in the context of the information state and interdepartmental interaction, separate application of various classifiers is insufficient, therefore they should be created in the electronic form, since the paper form of registration of complicated relativistic connections is inconvenient and unclear; they should have matrixes of interrelations and correspondence of classifiers. Eventually, it is planned to create a single mechanism and a system of management for all information resources, which will provide the correspondence of data about particular objects or subjects of legal relations and their provision in the necessary volume.

Keywords: information relations, executive authority, classification, administrative reform, quality of management, list, register, information state, interdepartmental interaction, standardization of managerial information, information relations, executive, classification, administrative reform, quality of management, registry, register, interagency cooperation, standardization management information

DOI: 10.7256/2454-0595.2016.3.67523

DOI: 10.7256/2454-0595.2015.3.13098

Abstract: The article considers the citizens' and organisations' access to the information about the activities of state structures in Germany; it claims that everyone has the right to access to official documents. In Germany the components mentioned are contained in the General Law of Germany. The article considers the principles and ways of data access privision, the forms of granting, the rights and responsibilities of users of the information, the state authorities and their officials. The article considers the access to the information about the state structures activities in databases, on DVDs, in journals and in electronic form. The infornation can also be transmitted through the media, put on the stands in the rooms where the state authorities act, stored in libraries and archive collections, etc. The study deals with the issues of data access on user's demand including the demand requirements, the terms and the order of a demand consideration, the requirements to the reply on the demand. The author analyzes the normative legal regulation and the judicial practice of official data access provision in Germany. There are different sources of official information in Germany. They can be divided into private and state. The access to laws and legal acts is granted through the publication of laws in the Federal bulletin of laws. The author supposes that not all the citizens have a free access to the official information in Germany.

Keywords: access, information, right, Germany, legal information, legal act, administrative act, state structures, legal information sources, publication

DOI: 10.7256/2454-0595.2015.3.66236

Keywords: access, information, right, Germany, legal information, legal act, administrative act, state structures, legal information sources, publication

DOI: 10.7256/2454-0595.2013.4.62538

Abstract: Information plays a significant role in the modern world. The majority of people have free access to Internet where they can easily find whatever information they want. Technological development, improvement of mechanical media, growing role of information — all that demand a detailed regulation by law. In this regard, the study of constitutional and legal prerequisites for limitation of right to information is growing especially important.

Keywords: information, prohibition, restriction (limitation), right, human, protection, technology, control, responsibility, punishment, state institution.

DOI: 10.7256/2454-0595.2016.5.17213

Abstract: The article deals with the legal status of users of government information systems as one of the main elements of the legal regime of such systems. The author analyzes the normative legal base regulating the relations concerning the information systems created on the basis of Federal laws with the aim of identifying "the best practices" and developing an optimal model of legal regulation. The author analyzes the gaps and inconsistencies in the current regulatory framework. The author applies general scientific and special methods including the dialectical method, the methods of formal logic, and the comparative method. The study proves that information in government information systems is a type of information about the activities of state bodies. This information is public a priori. The author shows the importance of formalizing the reasons for restricting the access to information in government information systems, and the importance of their compliance with the information kept in the register of Federal information systems. The author comes to the conclusion that the categories of users having access to confidential information, the composition of the provided information, the purpose of its use, and the method of access should be contained in statutory acts.

Keywords: privacy, e-government, information systems register, public information, restricted access information, access to information, public authorities, information user, legal regime, government information systems

DOI: 10.7256/2454-0595.2016.5.67706

DOI: 10.7256/2454-0595.2015.6.15297

Abstract: The communication services market has been growing recently, with new operators of communicational networks regularly appearing. The market growth is connected with the increase of the amount of administrative offences of communication operators which indicates inefficiency of legal mechanisms of administrative responsibility regulation in the sphere of communications. It conditions the urgency of revision of the regulations of the Code of Administrative Offences in the sphere of communications, their modernization and amending. The article is aimed at the formation of practical recommendations of revision of the main provisions regulating the activities of communication operators. To achieve this goal the author formulates a range of tasks: to analyze the communication services market in Russia and the dynamics of its development; to analyze the amount of administrative offences committed by the communication operators; to consider the drafts of provisions and articles of the Code of Administrative Offences of the Russian Federation; to formulate practical recommendations of the CoAO amending. The methodological base of the research includes the methods of legal and statistical analysis. The research demonstrates the dynamical figures of the communication services market growth and the frequency of administrative offences, determining the urgency of amending the CoAO with the articles 13.32 – 13.42. The research reveals the drawbacks of the considered articles with regard to concepts, differentiation of responsibility between the subjects of offences, amount of fine for a repeated offence. For elimination of the revealed drawbacks the author offers to use his definitions, structure of fine, ways of legal contradictions elimination, and the experience of the Republic of Kazakhstan.

Keywords: administrative responsibility, communication operators, project, authorization procedures, communication services, code, Roskomnadzor, report, article, new version

DOI: 10.7256/2454-0595.2015.6.66580

Keywords: administrative responsibility, communication operators, project, authorization procedures, communication services, code, Roskomnadzor, report, article, new version

DOI: 10.7256/2454-0595.2016.11.20772

Abstract: In the context of the modern conditions of development of the information society and the formation of information policy, databases are the most important instrument of solving the problem of the state’s information resources harmonization. The widespread use of electronic information arrays in the work of public authorities proves the necessity and the importance of distinguishing such databases as an independent type, and establishing a special legal regime for them. But so far, the study of the legal nature of databases and the problems of their legal regulation has been carried out within the civil law science. Therefore, the purpose of this research is to study the legal nature of public databases as an object of information legal relations of a complex character. The research methodology is based on general scientific and special methods of cognition: modeling and comparison, analysis, deduction and induction, the logical, formal-legal and interpretation research methods. The author reveals the features and the peculiarities of the legal nature of databases, which are formed and applied in the sphere of state and municipal administration. On the base of the analysis of the categories “public authority” and “public interest”, the author concludes that the general significance of public activity is an essential aspect of public authority and the essence of publicity as a characterizing feature of public databases.

Keywords: publicity, public interest, public authority, state administration, legal regulation, information resource, database, authenticity, information, state services

DOI: 10.7256/2454-0595.2016.11.68330

Keywords: publicity, public interest, public authority, state administration, legal regulation, information resource, database, authenticity, information, state services

DOI: 10.7256/2454-0595.2014.9.12913

DOI: 10.7256/2454-0595.2014.9.65454

Abstract: The article concerns the issues regarding the need to reveal administrative offences in the Internet against the copyright on the initiative of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications without any prior claims by the title holder. Social communications have came to the stage of development when most of such offences are situated in the Internet. The author studies the issue of whether there is need to bring an offender to administrative responsibility when a title owner did not claim the violation of his right. When writing this article the author applied the methods of analysis, analogy, modeling, studies of normative legal acts and legal practice. Technical advancement causes growth of offences committed in the Internet. Studies of the subject allow one to state that today the title owner sometimes does not even know that his rights are being infringed, so there is need to reveal administrative offences against copyright in the Internet on the initiative of government bodies.

Keywords: administrative legal protection, copyright, revealing administrative offences, competence of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications, mass communications, administrative offence, Internet, administrative responsibility, government bodies, administrative supervision.

DOI: 10.7256/2454-0595.2015.11.16911

Abstract: The author discusses such aspects of the topic as the peculiarities of criminal liability for computer fraud in the legislation of the countries of North and South America, Oceania, Asia and Africa. The topic is of a practical importance, since the transnational character of computer fraud presupposes the necessity to interact with law enforcement bodies and legal systems of other states. Such cooperation is only possible provided that there is a clear understanding of national peculiarities of liability imposition. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. The author applies the methods of analysis, synthesis, comparison and measurement. The formal-legal and the comparative-legal methods are used as special scientific methods. The group character of an analyzed crime is often recognized as its main feature. In certain countries the abuse of authority, the misuse of the Internet, and minor or senile age of the aggrieved person can be considered as matters of aggravation. It should be mentioned that sometimes change, destruction of blocking of computer data serves not as a constructive, but as a qualifying feature of computer fraud. This article can be used by students, postgraduates, lecturers, law enforcement officers and practicing lawyers, and by all interested in this subject.

DOI: 10.7256/2454-0595.2015.11.67089