scholarly journals Provision of security of the Unified Federal Information Register Containing Data on the Population of the Russian Federation

2020 ◽  
pp. 10-18
Author(s):  
Artem Nikolaevich Gulemin
Keyword(s):  
Information System ◽  
Public Relations ◽  
Russian Federation ◽  
Personal Data ◽  
Information Infrastructure ◽  
Legal Regulation ◽  
Critical Information ◽  
The Russian Federation ◽  
The Government ◽  
Legal Security

The object of this research is the public relations with regards to processing of information in the Unified Federal Information Register Containing Data on the Population of the Russian Federation n. Besides the Federal Law “On the Unified Federal Information Register Containing Data on the Population of the Russian Federation”, the subject of this research is legislation in the area of personal data and legislation on the critical information infrastructure. Based on the main formal and substantive aspects, the author defines the indicated register as a variety of register-based information; substantiates the relevance of application of the principles of framework regulation of information law in the context of creating the register; raises the question on the need to recognize the information system that processes data contained in the register as a valuable object of critical information infrastructure. The novelty of this research consists in the fact that this article is one of the first works dedicated to provision of legal security of the Unified Federal Information Register Containing Data on the Population of the Russian Federation. The following conclusions and proposals on improvement of legislation are formulated: 1) The principles of legal regulation established by legislation with regards to information as the object of legal regulation should be applied to the created register; any unauthorized actions with a separate register entry should be viewed as violation of integrity of the entire object. 2) Due to critical importance of the data contained in the register, it is essential to set confidentiality restrictions, and recognize the federal nformation system that processes data contained in the register as a valuable object of critical information infrastructure. 3) In the text of the Law “On the Unified Federal Information Register Containing Data on the Population of the Russian Federation”, it is necessary to specify the responsibilities of operator of the federal information system who maintains the federal register and compliance with the requirements of legislation on the security of critical information infrastructure. It is also necessary to clarify the provisions of the Decree of the Government of the Russian Federation that establishes a list of criteria of importance of the objects of critical information infrastructure of the Russian Federation and their value.

scholarly journals Exercising the Rights to the Results of Scientific and Technological Activities in the Context of the Implementation of the “Regulatory Guillotine” Mechanism: Legal and Technological Aspects

2021 ◽  
Vol 16 (1) ◽  
pp. 107-143
Author(s):  
Dmitry Kulikov ◽  
Anton Ishchenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Legal Rules ◽  
Monitoring Tools ◽  
The Russian Federation ◽  
The Government ◽  
Rule Making

Introduction. When planning the implementation of the ‘regulatory guillotine’ mechanism in the field of intellectual property, the analysis of the current regulatory and legal framework of the Russian Federation in terms of exercising the rights to the results of scientific and technological activities within the purview of the Ministry of Science and Higher Education of the Russian Federation (which is the key authorised federal executive body in this area) becomes especially relevant. The goal of this research is to study the current regulation of the relations under consideration and prepare recommendations for its improvement. Monitoring Tools. The research employed the method of analysis, systemic and structural, functional, specific and sociological, formal and legal as well as technical and legal methods and the method of interpretation of legal rules. Results. The materials collected during the monitoring allows conducting a comprehensive analysis of the system of legal regulation of issues related to exercising the rights to the results of scientific and technological activities. This research can be used to optimise the system for managing the rights to the results of scientific and technological activities. Conclusion. Based on the results of this work, it can be concluded that the national legislation of the Russian Federation in this area is very diverse and includes acts of federal legislation, decrees of the Government of the Russian Federation regulating more specific public relations as well as acts of ministerial rule-making that approve, among other things, methodological recommendations on certain issues. Similarities between the legal acts regulating the inventory of the results of scientific and technical activities were identified, resulting in the formulation of proposals for the consolidation of such acts. There is also the undeniable advantage that the rules are focused on bringing the results of intellectual activity as far as possible into the economic realm for commercialisation and practical application. It can be concluded that the issues of improving the legal regulation of the commercialisation of the results of intellectual activity may become the subject of additional research.

scholarly journals MONITORING OF LEGAL REGULATION OF EDUCATIONAL ACTIVITIES IN TERMS OF LEGAL PRACTICE IN IMPLEMENTING THE “REGULATORY GUILLOTINE” IN THE FIELD OF EDUCATION

2020 ◽  
Vol 15 (4) ◽  
pp. 589-626
Author(s):  
Vladislav Sokolov ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Professional Education ◽  
Legal Regulation ◽  
Ministry Of Education ◽  
Postgraduate Students ◽  
Wide Range ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Government

Introduction. At present, there are a large number of obsolete regulatory requirements, including those dating back to the USSR. The President and the Government of the Russian Federation decided to implement the “regulatory guillotine”, within the framework of which, by 1 January 2021, the totality of regulations imposing mandatory requirements must be replaced by new ones, including in the field of education. This goal requires the monitoring of existing laws, identifying their particularities, possible conflicts and gaps. Monitoring Tools. The authors of the paper applied methods of analysis, scientific and regulatory material analysis and synthesis as well as formal and legal, systemic and structural, functional, specific and sociological methods and the method of interpreting legal norms. The object of the study was the decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, orders of the Ministry of Education and Science and the Ministry of Education of Russia as well as regulatory legal acts of other federal executive bodies adopted on the basis of the federal law on education. Results. The system of legal regulation of education is a structured system of acts of varying legal force, regulating a wide range of public relations. The monitoring results of this legal framework are systematised and presented in a table. Based on the analysis of the data obtained, the following suggestions are made: 1) to merge Order No. 462 of the Russian Ministry of Education and Science dated 14 June 2013 and Order No. 1324 of the Russian Ministry of Education and Science dated 10 December 2013 regulating the field of self-evaluation of educational organisations; 2) to merge Order No. 844 of the Ministry of Education and Science of Russia dated 28 July 2014 and Order No. 1304 of the Ministry of Education and Science of Russia dated 3 October 2014 regulating public relations in the field of granting foreign citizens and stateless persons the right to obtain various levels of education; 3) in terms of defining the measures of state support for students and postgraduate students in higher professional education institutions – to incorporate Presidential Decree No. 1556 of 16 November 1996 into Presidential Decree No. 443 of 12 April 1993; 4) to merge Presidential Decree No. 1198 of 14 September 2011 and Presidential Decree No. 181 of 13 February 2012 establishing scholarships for undergraduate and postgraduate students; to create a new act regulating the procedure for granting state academic scholarships and/or state social scholarships to students. Conclusion. Improvement of the abovementioned specific laws will qualitatively improve the legal regulation of certain aspects of education in the Russian Federation, which will contribute to better legal regulation of the education sector as a whole. The results of the study will also be helpful to lawyers and academics who apply the legislation governing the education system in their professional or academic work.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

Ensuring the security of critical information infrastructure: the powers of the federal government bodies of the Russian Federation

2019 ◽  
Author(s):  
Ilia Pavlovich Mikhnev ◽  
Svetlana Vladimirovna Mikhneva
Keyword(s):  
Information Security ◽  
Federal Government ◽  
Russian Federation ◽  
Legal Status ◽  
Information Infrastructure ◽  
Critical Information ◽  
Security Service ◽  
Presidential Decree ◽  
Computer Attacks ◽  
The Russian Federation

The article discusses the competences and powers of the state authorities of the Russian Federation within their legal status in the field of ensuring the security of critical information infrastructure. Some functions and authorities in the field of information security have changed in a number of federal executive bodies. In particular, the Federal Security Service, on the basis of a presidential decree, is authorized to create a state system for detecting, preventing and eliminating the consequences of computer attacks on information resources of the Russian Federation. However, not all rights and obligations are enshrined; a number of powers cause the duality of the legal status of certain federal bodies of state power. The clarity and unambiguity of securing the rights and obligations of state bodies authorized in the field of information security are guarantees for effectively ensuring the security of important information infrastructure facilities.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals Global risks of the government and society in digital economy

2021 ◽  
pp. 30-38
Author(s):  
Anna Aleksandrovna Bakulina
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
High Speed ◽  
Personal Data ◽  
Digital Economy ◽  
Digital Space ◽  
Telecommunications Infrastructure ◽  
The Russian Federation ◽  
The Government ◽  
Processing And Storage

This article explores the vulnerabilities of Russia in the digital environment, as well as such phenomena of modern digital economy as cryptocurrencies, blockchain, big data, artificial intelligence, and robotics. The question is raised on the risks that humanity faces in the digital space, which entail the implementation of the latest technologies in society. The author offers the ways for their minimization. The article covers the project “Digital Economy” developed by the Government of the Russian Federation, which is intended for creation of sustainable and secure information and telecommunications infrastructure for high-speed transmission, processing and storage of data bulk, accessible to all organizations and households. Analysis is conducted on the modern enterprise in the sphere of information and communication technologies and the concept on the protection against personal data theft. The crucial role of the IT specialists in digitalization is highlighted. The conclusion is made that in digital space, the major threat to national security is the hacker attacks aimed at the theft of personal data, intellectual property, etc. The author believes that the minimization of risks detected in the course of research requires providing technology opportunity for the Russian Federation to store the collected data locally, rather than abroad. The all-round government influence on the research and legislative sphere, legislative orientation towards stimulating the development of innovation technologies would ensure safe and effective integration of socioeconomic sphere into the digital space.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

scholarly journals ON THE FORMATION OF LEGAL AND SCIENTIFIC BASES OF ENSURING THE SAFETY OF CRITICAL INFORMATION INFRASTRUCTURE OF THE RUSSIAN FEDERATION

2019 ◽  
Vol 29 (5) ◽  
pp. 644-654
Author(s):  
N.M. Kurbatov
Keyword(s):  
Information Security ◽  
Russian Federation ◽  
Critical Infrastructure ◽  
Information Infrastructure ◽  
Significant Information ◽  
Critical Information ◽  
Foreign Countries ◽  
History Of ◽  
The Russian Federation ◽  
Definition Of

The concept of critical information infrastructure is analyzed. The history of its formation and consolidation in the legal space of Russian legislation is considered. The article studies the experience of foreign countries in the field of ensuring information security in general and protecting critical infrastructure in particular. The relevance of the chosen topic is due to the course taken by the Russian Federation for the development of the information society in the country, as well as the need to protect significant information systems and resources of state authorities. The author of the article reveals the terms included in the definition of critical information infrastructure, enshrined in the legislation of the Russian Federation. In conclusion, the main problems of the considered regulatory legal acts are highlighted, recommendations are given on the further development of the information security system of critical infrastructure.

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