Information law. Information norm: concept, features, types (the most important)

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Information law. Information norm: concept, features, types (the most important)

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15. INFORMATION NORM: CONCEPT, FEATURES, TYPES

The peculiarity of information and legal norms is that they regulate separate groups of social relations in relation to the characteristics of the information sphere.

Information and legal norms have all the main, characteristic features of the norms that make up the legal system. Like the norms of other branches of law, they contain descriptions of the rules of conduct that are established by the state in a certain order, form and are put into effect within the time period established by the legislator. Information and legal norms define the content of the rights and obligations of subjects - participants in legal relations, the execution of which is ensured by the coercive power of the state.

The difference between information and legal norms from the norms of other branches of law is that they regulate relations that arise in the information sphere in connection with the implementation of information rights and freedoms and the implementation of information processes in the circulation of information.

The classification of information and legal norms is as follows:

1. Depending on the type and form of presentation of information, subjects - imperative and dispositive.

2. Depending on their content, information and legal norms can be substantive and procedural.

Material information and legal norms establish the structure of elements and parts of the information sphere. These norms establish the legal status of subjects in the information sphere in terms of their duties and responsibilities for organizing and ensuring the processes of information circulation, including the formation of information resources and the provision of their use in accordance with applicable law.

Procedural information and legal norms, according to their purpose, regulate the procedure (procedure, rules) for the implementation of duties and rights established by material information norms within the framework of regulated information relations.

3. Like the norms of other branches of law, the information-legal norm consists of a hypothesis, a disposition and a sanction.

The hypothesis determines the conditions, circumstances under which information legal relations may arise, and indicates the circle of subjects - participants in these legal relations. For example, when establishing the procedure for obtaining information from government agencies, the conditions for the consumer's appeal to this body and the issuance of information by this body are determined.

The basis of the information and legal norm is the disposition, which contains an instruction on how the subjects of legal relations should act, their rights and obligations are established.

Protection of rights and enforcement of established rules are carried out with the help of sanctions.

4. Depending on the methods of their impact on the subjects of legal relations, there are two groups of norms - dispositive and imperative.

5. By their scope (by scope):

▪ Federal regulations and actions;

▪ standards of constituent entities of the Russian Federation;

▪ standards of local government bodies.

6. By the scope of regulation:

▪ general action, extending to all areas and branches of legal regulation that regulate the most important aspects of information activity;

▪ intersectoral, regulating information relations that arise between groups of government bodies to ensure information processes;

▪ industry-specific, operating within the jurisdiction of a specific government body;

▪ at the level of local government, operating within the territories.

Author: Yakubenko N.O.

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