Comparative analysis of experience and legal basis on regulation of information systems: existing problems

2021 ◽  
Vol 65 (04) ◽  
pp. 261-264
Author(s):  
Emin Teymur oğlu Məmmədov ◽  

Information systems are one of the objects of public relations regulated by information-legal norms. An information system is a regulated set of information technologies and documents. The existence of an appropriate legal framework for the regulation of information systems is important. After gaining independence, one of the main goals and objectives of the state was to form an appropriate legislative framework in this area. The formation and development of information systems is one of the important components of national information policy. This article examines information systems, national legal practice in regulating information systems, comparative analysis of the legal framework as part of national information policy and current issues. Key words: information systems, regulation of information systems, information legislation, national information policy, national legal practice

2021 ◽  
Vol 70 (6) ◽  
pp. 35-37
Author(s):  
И.Ф. Минхаирова ◽  
К.П. Жаворонкова

The article deals with some problems of the formation of the information society and the implementation of information technologies. Attention is focused on the possibility of using the latest IT achievements not only for the benefit of society, but also in the interests of individual corporations and criminal groups. Cybercrime statistics are provided. The trend for their growth is shown. The work of the state in the field of information policy is analyzed. As a result, a general conclusion is made about the need to accelerate the pace of development of information technologies and the development of legal norms governing this group of public relations.


2021 ◽  
Vol 244 ◽  
pp. 10010
Author(s):  
Elena Smorodina ◽  
Oksana Belyantseva ◽  
Svetlana Revunova ◽  
Vladimir Bolgov

The paper provides an overview of the main regulatory framework governing public relations in the energy sector. The fuel and energy complex is of great importance for the economy and development of Russia, but full use is impossible until a solution to the problem of improving the regulatory legal framework is achieved. The adoption of the Energy Strategy is aimed at solving the listed problems. The main provisions of regulatory legal acts are analyzed. The tasks of improving the legislative framework can be achieved through unification. The scientific research used the method of comparative analysis. This paper examines and analyzes the legislation applied in the energy sector, the concept of energy legislation, energy efficiency, the fuel and energy complex, the problems of developing and adopting the Energy Code of the Russian Federation. The urgency of improving the regulatory legal support for the energy efficiency of the fuel and energy complex is formulated. The main problems and the need for the adoption of regulations in the energy sector are identified.


2020 ◽  
Vol 15 (8) ◽  
pp. 136-145
Author(s):  
L. V. Andreeva

Currently, in the context of information technologies development and the transition to the digital technologies application in the economy and public administration, the importance of information systems, including state information systems, is increasing. In the field of state and municipal procurement, an information infrastructure has been created, the main component of which is the state unified information system (UIS), which has significant features compared to other state information systems, the effective functioning of which is of great importance to ensure the entire procurement process. The purpose of the paper is to determine the legal nature and functions of the UIS, to study the features of interaction with other information systems and the prospects for its development in the context of the digital technologies application. This goal assumes the solution of the following tasks: analysis of regulatory legal acts that establish the rules for the functioning of the UIS; determination of common features of the UIS with other state information systems and its distinctive features; study of forms of interaction of information systems with the UIS; analysis of the effectiveness of the organization of electronic document management by means of UIS; development of proposals for improving the rules for the UIS functioning.As a result of the study, it was concluded that the implementation of civil rights and obligations in the field of state and municipal procurement is carried out through the EIS; the features of the EIS as a multifunctional state information system are determined and a conclusion is made about its uniqueness; suggestions were made on the application of measures to improve the functioning of the ENI, and the use of digital technologies in the field of procurement.


2020 ◽  
Vol 26 (9) ◽  
pp. 969-974
Author(s):  
A. V. Altoukhov ◽  
S. Yu. Kashkin ◽  
M. V. Kuz’mina

Fundamental changes within a country and at the global level can have contradictory consequences for society. The more areas are affected by changes and the deeper these changes are, the more significant the necessary innovations can be. Considering the scale of digitalization and application of artificial intelligence technologies based on it, it can be concluded that we are dealing with an unprecedented phenomenon that needs to be thoroughly assessed by different experts.Aim. The presented study aims to assess risks associated with the implementation of platform solutions without appropriate legislative initiatives, which, in turn, should facilitate the creation of the platform law institution. Today, legal science assesses risks associated with the legislative regulation of processes and creates conditions for safe and productive interaction with new mechanisms.Tasks. The authors examine current legislation to create conditions for protecting the rights and legitimate interests of legal entities in their interaction with cutting-edge digital solutions and for analyzing the possibility of full-scale application of digital platforms on this basis; estimate the legal risks of applying digital innovations under current conditions.Results. Analytical work has shown that platform solutions are a new technological unit that cannot be fully regulated by existing legal norms due to its technological features. The lack of personalized legal regulation of platforms not only infringes the rights of citizens providing various public and other services using digital technologies, but also creates conditions for the aggravation of the crime situation and the development of new types of crime.Conclusions. The main risks of mass digitalization are considered. The technological features of innovations make it necessary to develop a branch of law that would regulate public relations during interaction with platform solutions and other information technologies. The authors propose a new complex mechanism of legal regulation — platform law, which will make using platforms completely safe and efficient in all sectors of society.


Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.


Author(s):  
Ownali Nurdin Mohamedali

In December 1973 the Prime Minster of Jamaica appointed a National Council on Libraries, Archives and Document Services (NACOLADS) to advise the government on the development of an integrated network information system. It was thought that this could best be done by using UNESCO's NATIS concept. Several working parties were established, and among their recommendations were the creation of a series of networks as the basis of a national information system, the establishment of a National Library (achieved in 1979), new legislation for the National Archives and Records Center (passed in 1982), and copyright legislation, with provision for legal deposit. NACOLADS incorporated all the recommendations into a national information plan, published in 1978. A revised edition in 1986 included recommendations for redressing a number of shortcomings (e.g. the need for improved salaries and conditions of service). In 1990 NACOLADS was renamed NACOLAIS (National Council on Libraries, Archives and Information Systems), and given additional responsibility for the expansion of NATIS in Jamaica. A copyright law was eventually passed in 1993, but laws for a national information policy and legal deposit remain to be enacted. Some believe that the experience of NATIS in Jamaica can be used as a model for the establishment of national information systems in other small Third World countries.


Author(s):  
Roman V. Amelin ◽  

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.


2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.


2019 ◽  
pp. 78-87
Author(s):  
V. Khosha

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.


2020 ◽  
Vol 41 (2) ◽  
pp. 567-586
Author(s):  
Jelena Kasap ◽  
Višnja Lachner

The two legal institutes, the precarium, i.e. precarious loan and loan for use are often identified in everyday speech even in the legal context, and revocability is emphasized as the only feature of their differentiation. Taking into account the opinion of legal theorists according to which the legal effect of the precarium can be achieved by applying the rules on borrowing, some of the modern codifications of civil law failed to define the precarious loan as an independent legal institute. Nevertheless, the Croatian legislator, guided by the historical application of the Austrian General Civil Code in the Croatian territory, standardized the institute of the precarious loan by a separate legal provision and thus defined it by the subtype of the contract of loan for use. The very rare use of this institute in legal practice as well as the lack of interest for this institute in modern civil law theory make the nature of this institute still insufficiently clear. A comparative analysis of legal theory, but also of foreign legislation that served as a basis for drafting the legal framework of borrowing in Croatian law will try to determine the features of the precarious loan and point to cases where the application of this institute is particularly opportune. Despite the similarity of the two mentioned legal institutes of loan for use and the precarious loan that will be pointed out in the content, the basic purpose of this research is to emphasize the importance of each institute taking into account the features that distinguish them and confirm that both institutes have their own purpose, practical importance and application in Croatian law.


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