scholarly journals Information systems as a tool for regulating public relations: Analysis of Russian and world practice

2021 ◽  
Vol 21 (4) ◽  
pp. 445-452
Author(s):  
Roman V. Amelin ◽  
Keyword(s):  
Information Systems ◽  
Public Relations ◽  
Public Information ◽  
Legal Regulation ◽  
Primary Data ◽  
Regulation Mechanism ◽  
Legal Norms ◽  
New Information ◽  
Public Information Systems ◽  
Legal Fact

Introduction. The practice of public administration in the Russian Federation is largely based on the implementation and use of public information systems in all areas. Such information systems become a tool for influencing public relations, firstly, acting as a continuation of legal norms, secondly, replacing the actual norms of law in rare individual cases and, finally, acting as a means of certifying and qualifying legal facts. Theoretical analysis. Legal facts act as the most important links of the legal mechanism – both in legal regulation and in law enforcement. An integral part of the legal regulation mechanism is the system of fixing and certifying legal facts. Empirical analysis. State information systems ensure the maintenance of state registers intended for registration and storage of legal facts, and are also able to collect information in an automated mode and receive new information based on the processing of primary data. In the system of legal regulation, there is a tendency to endow such data with legal force, as a result of which they act as legal facts, and the activities for their qualification are delegated to the information system. The increasing complexity of information systems leads to the fact that the implementation of the rights and obligations of subjects becomes critically dependent on their correct work. Results. The author proposed to establish a number of legislative principles and restrictions, in particular, the principle of verification of conclusions obtained through the use of information systems by a person, in cases where such a conclusion has the force of a legal fact that affects the rights and obligations of a person.

scholarly journals DETERMINATION OF THE LEGAL FRAMEWORK FOR THE ACCREDITATION OF FORENSIC-EXPERT INSTITUTIONS OF UKRAINE

2019 ◽  
pp. 78-87
Author(s):  
V. Khosha
Keyword(s):  
Public Relations ◽  
Professional Competence ◽  
Mutual Recognition ◽  
Legal Framework ◽  
Legal Regulation ◽  
Conformity Assessment ◽  
Regulation Mechanism ◽  
Legal Norms ◽  
Forensic Institutions ◽  
Article 5

In the article, in order to formulate the essence of the administrative-legal regulation mechanism in the field of accreditation of forensic institutions of Ukraine, the general legal foundations of the accreditation system in Ukraine are defined theoretically, as well as the characteristics of a wider category – “legal regulation”, taking into account the peculiarities of public relations in accreditation of conformity assessment bodies. The mechanism of administrative and legal regulation of accreditation of forensic institutions of Ukraine is a combination of legal means (legal norms, legal relations, acts of interpretation and application of legal norms, etc.) of influencing the relations between potential and accredited conformity assessment bodies ensuring a uniform technical policy in the field of conformity assessment; ensuring consumer confidence in conformity assessment activities; creating conditions for mutual recognition of the results of accredited bodies at the international level, etc. The legal basis for the accreditation of forensic institutions of Ukraine is a set of output cross-cutting ideas enshrined in legal norms that define legal necessity and create conditions for accreditation and monitoring of conformity assessment bodies, directly determine legal, organizational and tactical provisions of the organization and implementation of relevant activities. The legal regime of accreditation is a type of permissive administrative and legal regimes. It is based on the principles of accessibility, voluntariness, professional competence, equality, transparency, confidentiality, participation of executive bodies and public organizations, independence and impartiality, non-transferability of special accreditation powers to others, control (the latter principle should be included in the list of basic principles of accreditation activities, which are defined in Article 5 of the Law of Ukraine “On Accreditation of Conformity Assessment Bodies”). The accreditation procedure is carried out according to the rules that are publicly available and free to use. Accreditation bodies should periodically confirm their competence, this is usually done with the help of other accreditation bodies. Key words: accreditation, forensic institutions, legal framework, legal regulation.

scholarly journals Legal fictions as ideological source of law

2020 ◽  
Vol 3 (4) ◽  
pp. 24-29
Author(s):  
Elena V. Abramova
Keyword(s):  
Public Relations ◽  
Special Kind ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Legal Provisions ◽  
Analysis And Synthesis ◽  
Legal Fact ◽  
Legal Fictions

The subject. The article studies legal fictions from the point of view of their correlation with ideological sources of law.The purpose of the article is to confirm or disprove hypothesis that legal fictions may be described as one of the ideological sources of law.The methodological basis for the study includes analysis and synthesis, interpretation of legal literature.Results, scope of application. Legal fictions are legal provisions enshrined in the text of regulatory legal acts in the form of separate regulatory regulations. They play an important role in lawmaking and in the mechanism of legal regulation. Fictions perform the function of protecting various interests and the function of procedural economy, contribute to the rapid and correct resolution of the case on the merits, have the necessary impact on the participants of the proceedings.Legal fictions have their own set of features. They are characterized by a) the deliberate falsity of the assumption; b) this assumption is legally irrefutable, the possibility of proving the opposite is excluded; c) the assumption is legal. provided for in regulatory legal acts; d) assumption, which is given the importance of legal facts.The ideological significance of legal fictions as sources of law is manifested in the fact that they are associated with legal norms, in the content of many of them; this is a special kind of legal norm, in the content of which there is a certain fiction; fictions are one of the means of formalization of normative material and simplification of the structure of actual compositions. Legal fictions are widely used in the gaps in the law, are one of the ways to effectively fill them.Legal fictions bring clarity to the legal regulation of public relations, being a necessary part of legal regulation. Fictions participate in legal regulation in two forms (types): through theoretical and practical (normative) constructions. Theoretical fictions, being a part of the legal doctrine, act as independent regulators (for example, constructions of the legal entity, the state, etc.). Legal fictions perform certain functions. They eliminate the uncertainty in the legal regulation; they help to simplify legal relations and make legal regulation stable and stable; they help to translate everyday reality into legal reality; they help to simplify legal relations and make legal regulation stable and stable.Conclusions. Legal fiction can be considered an ideological source of law, if we consider it as a legal fact, its variety. But this characteristic is not prevailing among other significant properties of legal fictions.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

Evaluation of Public Information Systems

2013 ◽  
pp. 135-159
Keyword(s):  
Information Systems ◽  
Performance Analysis ◽  
Performance Measures ◽  
Public Information ◽  
Business Case ◽  
Cost Performance ◽  
Business Plans ◽  
Alternative Approaches ◽  
Public Information Systems ◽  
Risk Cost

Evaluation is a key element in preparation of the business case for an IT project. Business plans include discussion of costs and benefits, performance measures, progress milestones, assessment of risk, cost estimates for alternatives, and general justification for the advocated alternative. Approaches to evaluation range from the qualitative and general to the quantitative and specific. As identified in the chapter, evaluation activities may include comparisons of the agency with “best practices,” development of performance measures and benchmarks, and cost-performance analysis.

IT Security Policy in Public Organizations

2011 ◽  
pp. 1135-1141 ◽  
Author(s):  
P. Partow-Navid
Keyword(s):  
Information Technology ◽  
Information Systems ◽  
Information Security ◽  
Operating Systems ◽  
Evaluation Criteria ◽  
Public Information ◽  
Public Organizations ◽  
It Management ◽  
Secure Information ◽  
Public Information Systems

Today, information security is one of the highest priorities on the IT agenda. In 2003, Luftman and McLean (2004) conducted a survey of Society for Information Management members to identify the top 20 information technology (IT) issues for executives. Security and privacy issues were ranked third, after IT/ business alignment and IT strategic planning. Concept of information security applies to all the data stored in information systems or being communicated in information networks and encompasses measures applied on all layers of open system interconnect (OSI) model of international standards such as application, networking, and physical. Sophisticated technologies and methods have been developed to: • Control access to computer networks • Secure information systems with advanced cryptography and security models • Establish standards for operating systems with focus on confidentiality • Communication integrity and availability for securing different types of networks • Manage trustworthy networks and support business continuity planning, disaster recovery, and auditing The most widely recognized standards are: • In the United States: Trusted Computer System Evaluation Criteria (TCSEC). • In Canada: Canadian Trusted Computer Product Evaluation Criteria (CTCPEC). • In Europe: Information Technology Security Evaluation Criteria (ITSEC). All of theses standards have recently been aggregated into Common Criteria standards. And yet, the information systems continue to be penetrated internally and externally at a high rate by malicious code, attacks leading to loss of processing capability (like distributed denial-of-service attack), impersonation and session hijacking (like man-in-the-middle attack), sniffing, illegal data mining, spying, and others. The problem points to three areas: technology, law, and IT administration. Even prior to the drama of 9/11, several computer laws were enacted in the USA and yet more may come in the future. Still the fundamental threats to information security, whether they originated outside the network or by the company’s insiders, are based on fundamental vulnerabilities inherent to the most common communication protocols, operating systems, hardware, application systems, and operational procedures. Among all technologies, the Internet, which originally was created for communication where trust was not a characteristic, presents the greatest source of vulnerabilities for public information systems infrastructures. Here, a threat is a probable activity, which, if realized, can cause damage to a system or create a loss of confidentiality, integrity, or availability of data. Consequently, vulnerability is a weakness in a system that can be exploited by a threat. Although, some of these attacks may ultimately lead to an organization’s financial disaster, an all-out defense against these threats may not be economically feasible. The defense actions must be focused and measured to correspond to risk assessment analysis provided by the business and IT management. That puts IT management at the helm of the information security strategy in public organizations.

IT Security Policy in Public Organizations

2008 ◽  
pp. 2745-2754
Author(s):  
Parviz Partow-Navid ◽  
Ludwig Slusky
Keyword(s):  
Information Technology ◽  
Information Systems ◽  
Information Security ◽  
Operating Systems ◽  
Evaluation Criteria ◽  
Public Information ◽  
Public Organizations ◽  
It Management ◽  
Secure Information ◽  
Public Information Systems

Today, information security is one of the highest priorities on the IT agenda. In 2003, Luftman and McLean (2004) conducted a survey of Society for Information Management members to identify the top 20 information technology (IT) issues for executives. Security and privacy issues were ranked third, after IT/ business alignment and IT strategic planning. Concept of information security applies to all the data stored in information systems or being communicated in information networks and encompasses measures applied on all layers of open system interconnect (OSI) model of international standards such as application, networking, and physical. Sophisticated technologies and methods have been developed to: • Control access to computer networks • Secure information systems with advanced cryptography and security models • Establish standards for operating systems with focus on confidentiality • Communication integrity and availability for securing different types of networks • Manage trustworthy networks and support business continuity planning, disaster recovery, and auditing The most widely recognized standards are: • In the United States: Trusted Computer System Evaluation Criteria (TCSEC). • In Canada: Canadian Trusted Computer Product Evaluation Criteria (CTCPEC). • In Europe: Information Technology Security Evaluation Criteria (ITSEC). All of theses standards have recently been aggregated into Common Criteria standards. And yet, the information systems continue to be penetrated internally and externally at a high rate by malicious code, attacks leading to loss of processing capability (like distributed denial-of-service attack), impersonation and session hijacking (like man-in-the-middle attack), sniffing, illegal data mining, spying, and others. The problem points to three areas: technology, law, and IT administration. Even prior to the drama of 9/11, several computer laws were enacted in the USA and yet more may come in the future. Still the fundamental threats to information security, whether they originated outside the network or by the company’s insiders, are based on fundamental vulnerabilities inherent to the most common communication protocols, operating systems, hardware, application systems, and operational procedures. Among all technologies, the Internet, which originally was created for communication where trust was not a characteristic, presents the greatest source of vulnerabilities for public information systems infrastructures. Here, a threat is a probable activity, which, if realized, can cause damage to a system or create a loss of confidentiality, integrity, or availability of data. Consequently, vulnerability is a weakness in a system that can be exploited by a threat. Although, some of these attacks may ultimately lead to an organization’s financial disaster, an all-out defense against these threats may not be economically feasible. The defense actions must be focused and measured to correspond to risk assessment analysis provided by the business and IT management. That puts IT management at the helm of the information security strategy in public organizations.

Sign in / Sign up

Export Citation Format

Share Document