Information law. The concept and types of sources of information law (the most important)

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Information law. The concept and types of sources of information law (the most important)

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13. CONCEPT AND TYPES OF SOURCES OF INFORMATION LAW

Under sources of information law external forms of expression of information and legal norms are understood. The basis of the sources of information law is the normative legal acts of information legislation, which is now actively developing.

According to the level of adoption of normative legal acts of information legislation and their effect in space, one can single out federal acts, acts of the constituent entities of the Russian Federation and acts of local governments.

The federal level of sources of information law is represented by information and legal norms of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and regulatory orders of the President of the Russian Federation, resolutions and regulatory orders of the Government of the Russian Federation, regulatory legal acts of federal ministries and departments.

Sources of information law at the level of subjects of the Russian Federation - these are laws and other regulatory legal acts of the highest state authorities of the constituent entities of the Russian Federation and regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation.

The sources of information law at the level of local self-government bodies are represented by the regulatory legal acts of these bodies, adopted in the order of application of the norms of the federal level and the level of the constituent entities of the Russian Federation.

Structure of information legislation:

▪ information and legal norms of international acts;

▪ information and legal norms of the Constitution of the Russian Federation;

▪ regulatory legal acts of the information legislation industry;

▪ information and legal norms as part of other branches of legislation. The existence of a hierarchy of acts is due to the fact that in practice, the implementation of legal norms of federal law often requires the adoption of legal acts of the President of the Russian Federation, the Government of the Russian Federation, acts of constituent entities of the Federation, and other acts lower in the hierarchy. The system of acts is supplemented by acts of local self-government bodies, as if fulfilling the requirements of the norms of higher acts in specific conditions.

Such a hierarchy of acts is built taking into account the distribution of subjects of jurisdiction in the information sphere by the Russian Federation and the constituent entities of the Russian Federation (Articles 71, 72 of the Constitution of the Russian Federation).

Acts of the branch of information legislation:

A common part:

▪ legislation on the implementation of the right to search, receive, transmit and use information;

▪ legislation on civil circulation of information (under development);

▪ legislation on documented information (on information resources, information products, information services);

▪ legislation on the creation and use of information systems, their networks, other information technologies and means of supporting them;

▪ legislation on information security;

Special part:

▪ legislation on intellectual property (information aspects);

▪ legislation on the media;

▪ legislation on librarianship;

▪ legislation on archival funds and archives;

▪ legislation on state secrets;

▪ legislation on trade secrets;

▪ legislation on personal data.

Author: Yakubenko N.O.

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