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Information law. Information legal relations (the most important)

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16. INFORMATION RELATIONSHIPS

Information legal relations arise, change and stop in the information sphere and are regulated by information and legal norms. Being a kind of legal relations, they express all the main features of a legal relationship. In the theory of state and law, there are the following signs of a relationship:

1) this is a public relation, which is a two-way concrete connection between social subjects;

2) it arises on the basis of the norms of law (the general requirements of legal norms are individualized in relation to the subjects and the real situations in which they are located);

3) it is a connection between persons through subjective rights and legal obligations;

4) this is a volitional relationship, because for its occurrence the will of its participants is necessary (at least on one side);

5) this relationship arises about a real good, value, in connection with which the subjects exercise their subjective rights and legal obligations;

6) these are relations protected and provided by the state (in particular, the possibility of state coercion).

An information legal relationship should be understood as an information public relationship regulated by an information legal norm, the parties to which act as bearers of mutual rights and obligations established and guaranteed by the information legal norm.

Legal relationship is a means of translating the general provisions of legal norms (objective law) into specific (subjective) rights and obligations of participants in public relations. Law in an objective sense is a set of legal norms that determine the content of the rights and obligations of a personally indefinite range of objects. They contain prescriptions relating to a variety of persons within the scope of the legal norm. Law in the subjective sense is an individualized law. In it, general legal rights and obligations become the property of specific persons and thus transfer it to the plane of legal relations.

К the main elements of the information legal relationship relate:

1) subjects entering into legal relations during the implementation of information processes;

2) behavior (actions, omissions) of subjects in the exercise of their information legal relations (for example, the acquisition of exclusive rights, transfer of property rights, purchase and sale of information objects, replication and distribution of information objects and other similar actions);

3) objects in connection with which the subjects enter into information legal relations;

4) the right, duty and responsibility of the subjects of legal relations in the implementation of information processes. Classification of information legal relations:

1) information legal relations arising from the search, receipt and consumption of information, information resources, information products, information services;

2) information legal relations arising from the production, transfer and dissemination of information, information resources, information products, information services;

3) information legal relations arising from the creation and application of information systems, their networks, means of support;

4) information legal relations arising from the creation and application of information security tools and mechanisms.

Author: Yakubenko N.O.

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