scholarly journals About cryptographic information protection measures in the implementation of information technology in the solution of management problems in the social and economic systems

2021 ◽  
Vol 2020 (4) ◽  
pp. 68-78
Author(s):  
A. Metelkov
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Economic Systems ◽  
Information Protection ◽  
Federal Law ◽  
Protection Measures ◽  
Basic Law ◽  
The Social ◽  
Protection Information

In theory and in practice, there is uncertainty in the existence of measures for cryptographic protection of information due to the fuzzy legal regulation of the classification of information protection measures associated with the use of cryptographic methods and encryption (cryptographic) information protection tools to ensure the security of data automatically processed in information systems. Cryptographic methods are widely used not only to protect information from unauthorized access, but also as the basis for a number of modern information technologies. The author proposed to introduce the concept of "cryptographic measures of information protection" into scientific circulation, and to include this concept in the basic law on information protection. Information protection in the Federal Law "About Information, Information Technologies and Information Protection" is the adoption of legal, organizational and technical measures. In the article, based on the application of set theory, a model of groups of measures to ensure information security, including cryptographic ones, is proposed.

scholarly journals On the problem of technical measures in the system of measures to ensure information security

2020 ◽  
Vol 2020 (2) ◽  
pp. 36-42
Author(s):  
A. Metelkov
Keyword(s):  
Information Systems ◽  
Information Security ◽  
Set Theory ◽  
Information Technologies ◽  
Information Protection ◽  
Federal Law ◽  
Close Relationship ◽  
Technical Measures ◽  
Relationship Interaction

In theory and in practice, there is a problem of removing uncertainty in the implementation of technical measures due to the unclear right-hand regulation of classification of measures to ensure the security of data automatically processed in information systems. In the article, based on the application of set theory, it is proposed to remove this uncertainty by selecting groups of measures to ensure the security of information. Information protection in the Federal law "on information, information technologies and information protection" is the adoption of legal, organizational and technical measures. However, in practice, in the system of measures to ensure the information security of objects of protection, they are found not only in a "pure" form, but also in a close relationship, interaction with each other (organizational-legal, organizational-technical, technical-legal), and very often can not be implemented independently.

scholarly journals On legislative consolidation of classification of the types of tourism

2021 ◽  
pp. 63-72
Author(s):  
Aleksei Savichev
Keyword(s):  
Legal Regulation ◽  
Federal Law ◽  
Tourism Sector ◽  
State Administration ◽  
The Social ◽  
Tourism Activity ◽  
Definition Of ◽  
Tourism Services

The successful development of tourism requires proper legal regulation. At the same time, the diversity of the types of tourism is virtually neglected by the legislator and does not receive due attention of the legal scholars. This question is being regulated fragmentary and inconsistently on the level of bylaws and legislation of the constituent entities of the Russian Federation. Occasional use of improper terminology, discrepancy in understanding of the essence of same types of tourism, disregard of their peculiarities impairs the effectiveness of state administration of tourism sector, negatively affects the quality of tourism services, and distorts the representations of Russia as a tourism friendly country. The article analyzes the grounds for classification of the types of tourism that have legal bearing: depending on the place of permanent residence of the tourist, on the purpose of tourist trips, on the way of organization of trip, on the social and age category of tourists. The conclusion is formulated that the key direction in improving sectoral tourism legislation consists in consolidation of extensive classification of the types of tourism and definition of concepts included therein in the Federal Law “On the Fundamentals of Tourism Activity”. For the purpose of unification of terminology, further development of tourism legislation, and improved quality of state administration of the tourism sector, the author proposes the original classification of tourism.

scholarly journals Legal regulation of the dissemination of information in social networks: Legislative innovations and prospects for law enforcement

2021 ◽  
Vol 21 (2) ◽  
pp. 178-187
Author(s):  
Svenlana A. Kulikova ◽  
◽  
Yulia A. Chulisova ◽  
Keyword(s):  
Social Networks ◽  
User Behavior ◽  
National Policy ◽  
Legal Regulation ◽  
Internet Communication ◽  
Federal Law ◽  
Significant Information ◽  
The Social ◽  
Work Education ◽  
The Relationship

Introduction. Social networks as a relatively new form of Internet communication are actively used to create and exchange content, disseminate socially significant information, conduct business, search for work, education, create groups of like-minded people and organize their activities. At the same time, the practice of recent years has shown that the threats of using social networks for illegal purposes have also significantly increased – for example, to disseminate false or offensive information, involve users in committing criminal acts, and organize public unrest. Theoretical analysis. The following problems of legal regulation of activities in social networks have been established: theoretical lack of elaboration of many issues; the conditionality of user behavior by the properties inherent in social networks; the presence of conflicts between the rules established by the owners of social networks and the norms of the laws of individual states; 4) the complexity of regulating the behavior of a virtual personality; the need to take into account the regulatory potential of information technology. Empirical analysis. The study examines international acts that establish the main directions of interstate and national policy in the field of regulation of social networks. The analysis of the Federal Law No. 530-FZ dated December 30, 2020, which establishes the features of the dissemination of information on social networks in particular, the obligations of the owner of the social network, aimed at preventing the dissemination of illegal information. The user agreements of the most famous social networks VKontakte, Facebook, Instagram, Twitter are investigated and their comparative analysis with legislative norms is carried out. Results. Firstly, the analysis of the user agreements of the most famous social networks shows that their owners have already developed norms prohibiting the dissemination of illegal and unethical content, including materials containing calls to commit terrorist activities or justifying terrorism, extremism, pornographic, defamatory or discriminatory. At the same time, the terminological and content definitions of such information differ. Secondly, legislative innovations will lead to greater transparency in the relationship between the owners of social networks and users. Thirdly, the adoption of a law regulating the features of the dissemination of information in social networks testifies to the fact that the Russian Federation, like other countries, is taking measures to ensure state sovereignty in the information sphere.

scholarly journals Regulatory guarantees of the internally displaced person’s rights and freedom

2020 ◽  
Vol 2 (2) ◽  
pp. 71-76
Author(s):  
Alina Orieshkova
Keyword(s):  
International Law ◽  
Forced Migration ◽  
Legal Regulation ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Public Authorities ◽  
Internally Displaced ◽  
Basic Law

The state cannot be considered democratic, social and legal in the absence of normative legal guarantees that ensure the unimpeded realization of the rights, freedoms and interests of a person and a citizen, including internally displaced persons, and in case of their violation, protection and restoration. Encountered in 2014 with military aggression, the occupation of part of Ukraine, the authorities faced not only the problem of internal forced migration, but also the need to create effective safeguards for the rights and freedoms of internally displaced persons, in particular, regulatory and legal ones. It is highlighted that in the context of ensuring the rights and freedoms of internally displaced persons, one of the issues of discussion is the correlation of international and national law, which requires doctrinal study. After analyzing the correlation between international and national law, it is noted that in Ukraine superiority is given to the monistic theory, which is characterized by preservation of the supremacy of the basic law of the state, with the recognition of the priority of international law over the national one. It is stressed that the norms of international and national legal acts on protection and assistance to internally displaced persons provide an opportunity to ensure the effective functioning of public authorities and local self-government bodies for the protection and support of such a category of persons as IDP. It is noted that normative-legal regulation in the field of protection of rights and freedoms of internally displaced persons is characterized by imperfection and imbalance in various aspects of public life. On the basis of a comprehensive analysis of international and national normative legal acts in the field of ensuring the rights and freedoms of internally displaced persons, author’s classification is given. The advantages of classification of normative legal acts in the context of ensuring the rights and freedoms of internally displaced persons are noted.

Problems of Law Enforcement Practice of Antimonopoly Regulation in Digital Markets as an Indicator of the Need for Legislative Reform on the Competition Protection [

2021 ◽  
Author(s):  
A.V. Bychkov ◽  
◽  
D.V. Shram ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Network Effects ◽  
Statistical Data ◽  
Digital Technologies ◽  
Information Protection ◽  
Federal Law ◽  
Digital Platforms ◽  
The Russian Federation

Based on the analysis of law enforcement practice in the field of antimonopoly regulation in digital markets, the authors justify the necessity of reforming the current legislation on the competition protection, and provide statistical data on the scale of the introduction of digital technologies. It is pointed out that the prevailing forms of competition in the global digital market are either an oligopoly or a duopoly. The article provides an overview of the practice of applying the current Russian competition law in relation to IT companies (Yandex N. V., Apple Inc., Google LLC). The article analyzes the shortcomings of the Draft Federal Law «On Amendments to the Federal Law «On Protection of Competition» («the Fifth Antimonopoly Package of Amendments»), prepared by the Federal Antimonopoly Service of the Russian Federation in 2018, and propose the ways to eliminate the shortcomings of some projected standards. The author points out the need to link the concept «digital platform» with the term «information system», designated in the Law of the Russian Federation «On Information, Information Technologies and Information Protection», and to take as a basis the definition enshrined in the French Law on the Digital Republic of 2016. According to the authors` opinion, the concept «network effects» can appear in the legislation only after they are supported by the results of experimentally tested methods for calculating network effects. It is proposed to legally «link» network effects with the use of big data that restricts competition. The results of successive attempts of the FAS (Federal antimonopoly Service) of Russia to limit or cancel «intellectual immunities» are considered, and the correctness of introducing a rule on the removal of such immunities in certain cases is justified. The cases of unfair competition of digital platforms associated with the manipulation of search results algorithms (including the use of interactive enriched responses) are investigated. The article describes the risks of digital ecosystems, the development of which may exacerbate the issues of dominance, in particular, due to the monopolization of data. It is concluded that the FAS legislative initiatives of the sample of 2018 need to be carefully revised in the context of the new realities of the development of IT markets.

scholarly journals Constitutional legal regulation of the use of information technologies in the electoral process of the Russian Federation: Problems and prospects for development

2021 ◽  
Vol 21 (2) ◽  
pp. 215-222
Author(s):  
Daria A. Kondrashchenko ◽  
Keyword(s):  
Video Surveillance ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Voting ◽  
Federal Law ◽  
Electoral Process ◽  
Important Place ◽  
Advantages And Disadvantages ◽  
The Russian Federation

Introduction. Currently, information technologies occupy an important place in the life of every person and they are actively used in all spheres of the life of society and the state. The electoral process is one of the spheres of active use of the latest information technologies. Thus, in the elections and referenda Russia regularly uses electronic devices for voting, vote counting and data transfer within the system of election commissions, as well as means of video surveillance and broadcasting of images in the premises for voting. Theoretical analysis. Analyzing the legal basis for the use of information technologies in the electoral process of the Russian Federation, it should be noted that the importance of these technologies is emphasized in the latest edition of the Constitution of the Russian Federation. The electoral legislation of the Russian Federation is very large-scale and, in addition to the basic Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, the organizational and legal features of the use of information technologies are regulated by a number of legal acts. Empirical analysis. Considering the fact that information technologies have been used in various forms in the Russian electoral process for a long time, their significant technical changes should be emphasized. The analysis of the various aspects of the use of these technologies has allowed to allocate their advantages and disadvantages. Results. The author identified the problems of legal regulation of stationary and remote electronic voting and also the problems of using video surveillance and image broadcasting, including on the Internet. The author also stresses the need to systematize the existing rules and fill existing legal gaps and, therefore, the proposals on regulation of the organizational and legal features of the use of these technologies in the Federal Law “On electronic voting in the Russian Federation”.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

LEGAL REGULATION OF ELECTION CAMPAIGNING IN THE INTERNET INFORMATION AND COMMUNICATION NETWORK

2021 ◽  
pp. 49-54
Author(s):  
Anton K. Kuznetsov
Keyword(s):  
Communication Network ◽  
Public Relations ◽  
Russian Federation ◽  
Information Technologies ◽  
New Technologies ◽  
Legal Regulation ◽  
The Internet ◽  
Federal Law ◽  
Information And Communication ◽  
The Russian Federation

The relevance of the topic under study is due to the wide penetration of new technologies in all spheres of public relations. Due to its special situation, the electoral process is the most susceptible not only to the introduction of modern technologies, but to a greater use of the information and communication network "Internet" as well. Adaption of the electoral legislation to the requirements of the time appears to be important. The present study is aimed at a comprehensive analysis of the Russian legislation regulating the issues of election campaigning in the information and communication network "Internet". The article analyzes Federal Law № 43-FZ dated March 9, 2021 "On Amendments to Certain Legislative Acts of the Russian Federation", Federal Law №67-FZ dated June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of the Russian Federation Citizens", Federal Law № 149-FZ dated July 27, 2006 "On Information, Information Technologies and Information Protection", Federal Law № 20-FZ dated February 22, 2014 "On Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation". Amendments to the legislation regarding regulation of election campaigning in the Internet are considered as a timely and adequate response to the growth of Internet use for campaigning purposes. Election commissions have additional rights to prevent dissemination of campaign materials and information in the Internet that do not meet the requirements of the electoral legislation. Concerning these appeals, election commissions can contact the Federal Service for Supervision of Communications, Information Technology and Mass Media. Attention is drawn to possible difficulties in new legislation enforcement, such as additional resources, professional skills in tracking, identifying and documenting violations.

SPECIAL THEORY OF ADMINISTRATIVE – LEGAL REGULATION OF INFORMATION SECURITY OF THE SOCIAL SYSTEMS

2018 ◽  
Vol 1 (12) ◽  
pp. 198-208
Author(s):  
Serhiі Oleksiyovych Lysenko
Keyword(s):  
Information Security ◽  
Information Technologies ◽  
Social Systems ◽  
Special Theory ◽  
Legal Regulation ◽  
Legal Basis ◽  
Legal Principles ◽  
State Management ◽  
The Social ◽  
Physical Laws

The article deals with the principles of creating a special theory of administrative and legal regulation of information security, analyzes the process of its analogy with physical laws, analyzes the threats and dangers to interests and all information security that affect the process of modeling, determines the principles of constructing and researching models of information security of social systems. It was noted that the administrative and legal regulation of information security is due to the need for state management of the processes of formation and use of information resources, the creation and application of information systems and the provision of information security of social systems. It is proved that to a large extent information security is caused by the need for administrative regulation of information relations in various spheres that form the system itself and maintain its integrity. It is determined that the administrative and legal basis of information security of social systems should provide an ideal state of activity of subjects, system and its models. Selected concrete administrative and legal principles of information security, such as physical formulas, create its model. Of course, for each social system, the model of information security is individual. However, there are also general patterns of modeling, for example — the construction of the model should be based on the simple and optimal (as we are referred to by the flow of light), administrative and legal principles. It is proved that high rates of development of information technologies, create new requirements to the sphere of security in general and to information security in particular. The reform of the legislation regulating activity in the field of information security should be based on the proper scientific theory. What is urgent is the need to create a General Security Theory, which would explain and regulate the set of processes of ensuring the safety of society.

METHOD OF SELECTING OPTIMAL LEVEL OF STAFF FORCING INSTITUTIONAL MEASURES FOR INCREASING INFORMATION SECURITY

2018 ◽  
pp. 101-109
Author(s):  
Kira Aleksandrovna Vrublevskaya ◽  
Albert Iscandarovich Azhmukhamedov ◽  
Nadezhda Valerievna Daviduk
Keyword(s):  
Information Security ◽  
Information Leakage ◽  
Optimal Level ◽  
Protection System ◽  
Information Protection ◽  
Protection Measures ◽  
Management Measures ◽  
The Social ◽  
Study Results ◽  
Staff Behavior

The article considers the problem of the effectiveness of information protection system from the human factor and, in particular, of the influence of management measures on the social subsystem on the overall level of information security. It has been stated that risk of classified information leakage occurs due to primary uncertainty of staff behavior and lack of the staff loyalty to the methods of management. It is claimed that the nature of dependency between the regulation of activities and the effectiveness of the work of personnel and compliance with information protection measures testify that the strengthening institutional measures beyond a certain "mark" leads to a decrease in performance and a decrease of information security. The problem solving is in searching and applying methods and mechanisms aimed at changing the state of a social subsystem in the needed direction for a decision taking person. There has been suggested the method that allows selecting optimal level of institutional measures of impact on personnel, exceeding which adversely affects to the effectiveness of the information protection system. It is based on a method of nonstrict ranging for certain activities that need reglamentation, and calculating average level of the staff loyalty to the introduced measures. The experimental study results and the computational example are given

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