Information law. Legal regime of documented information (most important)

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Information law. Legal regime of documented information (most important)

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32. LEGAL REGIME OF DOCUMENTED INFORMATION

Information resources are objects of relations between individuals, legal entities, the state, constitute the information resources of Russia and are protected by law along with other resources.

Legal regime of information resources determined by the rules that establish:

▪ the procedure for documenting information;

▪ ownership rights to individual documents and individual arrays of documents, documents and arrays of documents in information systems;

▪ category of information according to the level of access to it;

▪ procedure for legal protection of information.

Documentation of information - a mandatory condition for including information in information resources. Documentation of information is carried out in the manner established by government authorities responsible for organizing office work, standardizing documents and their arrays, and security of the Russian Federation.

A document received from an automated information system acquires legal force after it is signed by an official in the manner prescribed by the legislation of the Russian Federation.

The legal force of a document stored, processed and transmitted using automated information and telecommunication systems may be confirmed by an electronic digital signature.

The legal force of an electronic digital signature is recognized if there are software and hardware tools in the automated information system that ensure the identification of the signature, and the mode of their use is observed.

The right to certify the identity of an electronic digital signature is exercised on the basis of a license. The procedure for issuing licenses is determined by the legislation of the Russian Federation.

Citizens, public authorities, local governments, organizations and public associations are required to submit documented information to bodies and organizations responsible for the formation and use of state information resources. The lists of documented information submitted on a mandatory basis and the lists of bodies and organizations responsible for the collection and processing of federal information resources are approved by the Government of the Russian Federation.

The procedure and conditions for the mandatory submission of documented information are brought to the attention of citizens and organizations.

The list of documented information submitted on a mandatory basis is attached to the charter of each legal entity (regulations on it).

The failure of the registration authorities to provide registered legal entities with a list of mandatory documents with the addresses of their submission shall not be grounds for denial of registration. Officials of the registration authorities who are guilty of failure to provide registered legal entities with lists of documents submitted on a mandatory basis with the addresses of their submission are subject to disciplinary liability up to and including removal from office.

Documents belonging to individuals and legal entities may be included, at the request of the owner, in the composition of state information resources in accordance with the rules established for the inclusion of documents in the relevant information systems.

State information resources of the Russian Federation are open and publicly available. The exception is documented information classified by law as restricted access.

Author: Yakubenko N.O.

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