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NB: Administrative Law and Administration Practice
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Publications of Paschenko Ilya Yurievich
NB: Administrative Law and Administration Practice, 2023-3
Paschenko I.Y. - Counter-sanctions information and restriction of information dissemination in the context of sanctions pressure on the Russian Federation pp. 45-54

DOI:
10.7256/2306-9945.2023.3.43820

Abstract: The article examines counter–sanction information - a new category or type of information for domestic information and legal regulation. The concept of "counter-sanction information" appeared in the legislation in connection with the increased sanctions pressure of foreign states on the Russian Federation at the beginning of 2022. Regulation of the procedure for the dissemination of such information is designed to reduce the risks of taking restrictive measures against Russian legal entities and individuals who are participants in foreign economic activity. The author examines these norms on information, in particular the definition, analyzes the restrictions arising from the recognition of information as counter-sanctioned, the circumstances associated with the onset of legal liability. In the course of the research, scientific methods were used: analysis, generalization, comparison, modeling. The use of the formal legal method and systematic interpretation allowed us to form an idea of the counter-sanction information. The problem under consideration has not been practically investigated in Russian science. It is assumed that the legislator formulates a new special legal regime of information in the context of the development of counter-sanctions regulation, ensuring the protection of private and public interests. At the same time, the risks that have arisen in the activities of entities that freely disseminate information, including mass information, are analyzed. As a result of the conducted research, the conclusion is formulated that under the conditions of sanctions, freedom of information is reduced, and the volume of information previously open and accessible to an unlimited number of people may gradually decrease due to the development of counter-sanctions regulation.
Legal Studies, 2022-7
Paschenko I.Y. - The impact of digital transformation on changing legal nature of information in digital form pp. 32-43

DOI:
10.25136/2409-7136.2022.7.37983

Abstract: The article examines the legal nature of digital information in the context of the development of the digital economy and the digitalization of public life. The author draws attention to the fact that information in digital form forms the basis for the emergence of new objects involved in turnover. Turnover, taking into account the need to meet the various needs of the individual, exists both in fact – in everyday reality and in virtual space – through information systems. In modern circulation in everyday life and the electronic environment, information can be presented in various forms. It is noted that in the conditions of rapid development of information technologies, the right to access information becomes important, and the information carrier loses its previously known importance in legal relations. In the conditions of digitalization, the division of new turnover objects into two varieties is proposed. The first group consists of objects that exist in the usual real form, but acquire an electronic form. Transformation accelerates turnover and allows us to work out optimal ways to exercise rights to such objects. The second group is formed by objects that arise and exist in virtual space within the framework of information systems. The possibilities of using such objects are determined by the level of development of information technologies. It is impossible to predict the appearance of new objects of economic value in the digital economy, and the choice of legal economy tools is not always a suitable way of law-making. Special attention is paid to information as a basis for turnover objects in the context of the theory of absolute and relative rights. The attempt to establish the ownership of information and limited property rights is analyzed, and the conclusion is made about the problematic existence of such structures. At the same time, the author shows a change in the understanding and essential meaning of information as a category in the conditions of digital transformation. It is concluded that it is necessary to develop a concept of digital information regulation.
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