Information law. Principles of information law (most important)

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Information law. Principles of information law (most important)

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14. PRINCIPLES OF INFORMATION LAW

Legal regulation of information relations is based on the principles of information law, which are understood as the main initial provisions that legally explain and consolidate the objective laws of social relations manifested in the information sphere. It is the application of the principles of information law that makes it possible to form this law as an independent branch.

The principles of information law are based on the provisions of the basic constitutional norms that enshrine information rights and freedoms and guarantee their implementation, as well as on the features and legal properties of information as an object of legal relations.

The following basic principles are distinguished.

1. The principle of priority of individual rights. Article 2 of the Constitution states that the recognition, observance and protection of human and civil rights and freedoms is the responsibility of the state. It follows that public authorities are obliged to protect the rights and freedoms of man and citizen in the information sphere.

2. The principle of free production and dissemination of any information not limited by federal law (the principle of freedom of creativity and expression of will). A pattern is being established based on constitutional provisions that form the foundations of a democratic state, and expressed in the fact that the restriction of this freedom is possible only by federal law, and even then for the purposes and interests of the individual, society, state.

3. The principle of prohibiting the production and dissemination of information harmful and dangerous for the development of the individual, society, and state. The ban is aimed at protecting the interests and freedoms of the individual and society from the influence of harmful and dangerous information, which can lead to violation of information rights and freedoms, destabilization of society, and disruption of the stability and integrity of the state.

4. The principle of free access (openness) of information, or the principle of transparency. That is, no government agency can impose restrictions on consumer access to information that it possesses in accordance with the competence established for it, affecting the rights and freedoms of humans and citizens and representing public interest.

5. The principle of complete processing and prompt provision of information.

6. The principle of legality assumes that the subjects of information law are obliged to strictly observe the Constitution of the Russian Federation and the legislation of the Russian Federation.

7. The principle of responsibility.

8. The principle of "alienation" of information from its creator is based on the legal property of the physical inalienability of information (its content) from its creator (owner).

9. The principle of information transferability is based on the legal property of information being separate from its creator (owner) on the basis of its materiality. The pattern is that information, being made public, turns into an object that exists independently of its creator and, therefore, which can be included in public circulation. This principle determines the need for legal regulation of relations arising during the circulation of information in order to protect the interests of the parties involved.

10. The principle of an information object (information thing), or the principle of dual unity of information and its carrier, is based on the property of dual unity of the material medium and the content of information displayed on it.

Author: Yakubenko N.O.

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