Information law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Information law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. INFORMATION LAW AS A BRANCH OF LAW

Information law - a new, only emerging branch of law, which plays a decisive role in the development of modern society.

In the literature, information law is considered in the following meanings:

▪ as science;

▪ as a branch of law;

▪ as an academic discipline.

The science of information law explores the norms governing social relations in the information sphere, measures the effectiveness of information norms, classifies, systematizes and codifies them, combines them into legal institutions, forms and optimizes the information law system.

The subject of the science of information law is the system of information law. Information law as a science studies the scientific problems of the formation and development of this system.

Research in the field of information law finds its expression in articles, monographs, at conferences, round tables, on the Internet.

Information law, as a system of norms governing information relations, aims to study the information sphere as a sphere of legal regulation of social relations, identify objects and subjects of information legal relations, prepare draft regulatory legal acts in the field of information law, evaluate the effectiveness of drafts of these acts using information technologies.

Main tasks in this area:

▪ study of current information legislation and regulations;

▪ identifying gaps and duplicates in sources of information law, developing proposals for the development of draft federal laws and regulations in this area;

▪ studying the practice of applying norms and acts of information law, assessing the effectiveness of adopted normative legal acts, preparing proposals for improving the processes of regulating public relations in the information sphere, proposals for supplementing and amending norms and acts of information law;

▪ carrying out work on the preparation of bills and other regulatory legal acts in the information sphere;

▪ studying the problems of forming the Information Code of the Russian Federation as the main codified act of information law. Information law as an academic discipline aims to train students, graduate students, and other students in the field of information law.

Main directions here:

▪ development of methods for teaching information law, textbooks and teaching aids, standards in the field of information law;

▪ development of lecture materials and materials for seminars and practical classes;

▪ development of a methodology for assessing knowledge in the field of information law;

▪ carrying out work to improve the processes of training highly qualified specialists - doctors and candidates of science in the field of information law. When studying information legal norms and other sources of information law, well-known legal reference systems “Garant”, “Code”, “Consultant Plus”, “USIS” are used. Specially prepared legal problems are also solved using computers.

Currently, distance interactive learning, including using the Internet, is becoming relevant.

2. CONCEPT AND TYPES OF INFORMATION: DOCUMENTED AND UNDOCUMENTED INFORMATION

There are different approaches to understanding information.

In terms of philosophy Get in touch - this is a kind of diversity that the reflecting subject creates about the reflected; message, awareness of the state of affairs, information about something transmitted by people.

Information types:

1) elementary - at the atomic level;

2) biological - created by living beings;

3) social - the area of human relations;

4) technical-cybernetic - a derivative created as a result of the activity of machines and partially regulated by law.

From a legal point of view Get in touch - information about the surrounding world, the processes occurring in it and a message about the state of affairs or the state of something.

The object of legal regulation can only be the information that a person extracts from the environment and displays in his mind.

The following legal properties of information are distinguished.

1. Physical inalienability, since the alienation of information is replaced by the transfer of rights to use it.

2. Isolation - for inclusion in circulation, information is used in the form of symbols and signs, and thus it is isolated and exists separately from the manufacturer.

3. The duality of information and media, i.e. understanding information as a thing on a material medium.

4. Prevalence - replication.

5. Organizational form of information - document. Information can be classified according to various criteria.

1. According to the form of expression - documented. This is a special organizational form of information expression based on the dual unity of information (information) and a material carrier on which it is reflected in the form of symbols, signs, letters, waves or other display methods.

The Federal Law of December 29, 1994 No. 78-FZ "On Librarianship" defines a document as a material object with information recorded on it in the form of text, sound recording or image, intended for transmission in time and space for storage and public use.

In the Federal Law of February 20, 1 No. 995-FZ "On Information, Informatization and Information Protection", a document means information recorded on a material carrier with details that allow it to be identified.

2. According to the source of creation:

a) undocumented - remains outside the legal regulation;

b) legal - is created as a result of law-making activities, law enforcement and law enforcement activities:

▪ regulatory legal information;

▪ non-regulatory legal information;

c) non-legal - is not created as a result of legal activity, but is circulated in society in accordance with the prescriptions of legal norms.

3. According to the degree of access, open information (all non-legal; about elections and referendums; from official documents) and limited information (state secret; official secret; professional secret; personal secret; commercial secret; personal data; know-how).

4. By circle of persons, mass information (printed, audio messages, audiovisual and other messages and materials intended for an unlimited circle of people) and individual information (information is an object of civil rights).

3. INFORMATION RESOURCES

Informational resources - individual documents and individual arrays of documents, documents, and arrays of documents in information systems (libraries, archives, funds, data banks, other information systems).

This area, as well as the area of creation and distribution of source and derivative information, is a special powerful accumulator and at the same time a generator of information based on the collection, accumulation of retrospective documented information, organizing and storing arrays of documented information (data) on its basis and disseminating information from these arrays in different types and forms, including the use of new information technologies.

With the help of information systems, including automated ones, data banks, their networks, primarily the Internet and other systems, on the basis of modern information technologies, the implementation of the processes of collecting, accumulating, storing information, producing information resources, searching and disseminating information from them is ensured.

The following types of subjects in this area are distinguished.

1. Citizens, including foreigners, and stateless persons.

2. Organizations:

▪ libraries;

▪ archives;

▪ museums;

▪ information centers and other information structures;

▪ information funds;

▪ information analysis centers;

▪ news agencies, other media bodies;

▪ other organizations - owners and holders of information resources.

3. Public authorities:

a) federal government bodies:

▪ Federal Assembly of the Russian Federation;

▪ Federation Council of the Federal Assembly of the Russian Federation, State Duma of the Federal Assembly of the Russian Federation;

▪ President of the Russian Federation, Administration of the President of the Russian Federation;

▪ Constitutional Court of the Russian Federation;

▪ Supreme Court of the Russian Federation;

▪ Higher Arbitration Court of the Russian Federation;

▪ Government of the Russian Federation;

b) federal ministries, departments, committees; public authorities of the constituent entities of the Russian Federation:

▪ representative authorities;

▪ executive authorities;

▪ judicial authorities; local government bodies.

Various organizational and legal forms of formation and use of information resources are used. The holders (owners) of information resources (owners and owners) can be both independent information centers, information organizations, firms, enterprises, institutions with the status of a legal entity (hereinafter referred to as information organizations), and individual information structures (departments, departments, laboratories and etc.) as part of other legal entities, as well as individuals.

4. CLASSIFICATION OF INFORMATION RESOURCES

Informational resources by type of information:

▪ legal information;

▪ scientific and technical information;

▪ political information;

▪ financial and economic information;

▪ statistical information;

▪ information on standards and regulations, metrological information;

▪ social information; political information;

▪ health care information;

▪ information about emergency situations;

▪ personal information (personal data);

▪ cadastres (land, urban planning, property, forestry, others);

▪ other type of information. Information resources by access method:

▪ open information (without restrictions);

▪ restricted information:

▪ state secret;

▪ Confidential information;

▪ trade secret;

▪ professional secrecy;

▪ official secret;

▪ personal data, personal (personal) secret.

Information resources by type of media: on paper; on machine-readable media; in the form of an image on the computer screen; in computer memory; in the communication channel; on other types of media.

Information resources according to the method of formation and distribution: stationary; mobile.

Information resources according to the method of organizing storage and use:

1) traditional forms - an array of documents; fund of documents; archive;

2) automated forms - Internet; database; automated information system (network); knowledge base.

Information resources by form of ownership:

▪ all-Russian national treasure;

▪ state property;

▪ federal property;

▪ property of constituent entities of the Russian Federation;

▪ joint (federal and constituent entities of the Federation);

▪ municipal property:

▪ private property;

▪ collective property.

Information products and information services are also divided into types.

Information products: documents, data; collections of documents, data; references, analytical references; databases, data banks; other types of information products.

Information Services:

▪ information services: information search; data processing; issuance of data (documents); data storage;

▪ services for using the Internet, automated information systems, databases, and their networks: consulting services; information transfer services; Internet access services; services for using e-mail and creating personal websites.

Must be protected: information resources on all types of media, including those containing restricted access information; information systems and their networks; information technologies and means of their provision; machine carriers with information, for example, by means of electronic digital signature or cryptography; databases (knowledge) as part of automated information systems and their networks; software tools as part of electronic computers (computers), their networks.

Particular attention is paid to the formation and use of state information resources in terms of ensuring the completeness and timeliness of their formation and updating. The main goal is the most complete and open provision of information from these resources to users and, above all, citizens in the exercise of the basic constitutional right to seek and receive information.

5. INFORMATION SYSTEMS

The objects in the field of creation and application of information systems, information technologies and means of their support include: information systems and information technologies, means of their support.

Information system - an organizationally ordered set of documents (arrays of documents) and information technologies, including the use of computer technology and communication tools that implement information processes.

Means of providing automated information systems and their technologies - software, technical, linguistic, legal, organizational tools (programs for electronic computers; computer equipment and communications; dictionaries, thesauri and classifiers; instructions and methods; regulations, charters, job descriptions; schemes and their descriptions, other operational and accompanying documentation) used or created in the design of information systems and ensuring their operation.

Information systems also include automated information systems of various types. First of all, this is the Internet, as well as automated control systems (ACS), automated data processing systems (ASOD), automated systems of scientific and technical information (ASNTI), etc., data banks, knowledge bases, expert systems, information and computing systems, information and telecommunication systems and networks, communication and telecommunications systems, as well as means of providing these systems and technologies.

Basic technical means - computer equipment, copiers, office equipment, communications and telecommunications, etc.

Software - operating systems, application programs, telecommunications software, other software.

Linguistic means - dictionaries, thesauri, classifiers, other linguistic tools, organizational and legal tools - regulatory legal and legal acts, regulatory and technical documents, regulations, charters, job descriptions.

Subjects in the field of information technologies and means of their support can be divided into two groups: subjects that organize and carry out the development of information systems, information technologies and their means of support, and subjects that operate the listed objects.

Customers and developers act as subjects that organize and carry out the development of information systems. These are public authorities, legal entities and individuals - organizations and enterprises, specialists. The entities operating information systems, information technologies are public authorities, their subdivisions, legal entities and individuals.

One of the most important activities of subjects in this area should be the formation and development of the software and hardware part of the information infrastructure of the modern information society.

Information infrastructure - an organized set of computer technology, communications and telecommunications, as well as mass media and information resources, ensuring the effective and high-quality implementation of information processes - the processes of production, collection, accumulation, storage, search, distribution and consumption of information to meet the needs of the individual, society, state .

6. SUBJECT OF INFORMATION AND LEGAL REGULATION

Subject matter of information law - part of public relations that is associated with the creation, formation, storage, processing, dissemination of information, as well as public relations associated with development in the field of formation and management of information resources, with the development and use of new information technologies and technologies for transmitting information in systems and networks communications, as well as those related to the establishment of measures to ensure security in information areas, including the legal responsibility of subjects in these areas.

The subject area of information law includes the process of informatization.

informatization process - an organizational form of creating optimal conditions for meeting information needs and realizing the rights of subjects.

The main directions of the subject of information law:

▪ study of the conceptual apparatus of information law, basic terms and their definitions used in the information law system;

▪ study of the features and characteristics of information law as a new complex branch of law;

▪ studying the structure and composition of the branch of information law as a complex branch of law, studying the relationships between this branch of law and other branches of law in the Russian legal system;

▪ study of information and legal norms, features of their construction, assessment of their completeness and quality design;

▪ study of information legal relations as relations of a special kind, study of the characteristics of the behavior of subjects of information legal relations, the rights, duties and responsibilities of persons participating in information legal relations, legal facts;

▪ study of the features and legal properties of information objects in relation to which information relations arise;

▪ research and development of the principles of information law, features of the application of methods of legal regulation of information relations;

▪ study of the source of information law - information legislation, court decisions, other law enforcement acts;

▪ systematization and codification of information legal norms, combining them into institutions and sub-branches of information law;

▪ development of theoretical foundations and methods for the formation of the Information Code of the Russian Federation as the main codified act of information law;

▪ study of the practice of application and methods of increasing the effectiveness of information law norms. Legal informatics is a science that studies information, information processes and information systems in law (or in the legal system).

Objects of research in legal informatics are:

1) information in the legal system as an object of a special kind. The motivation, grounds and goals of creating and using information are studied; features and legal properties of information; problems of assessing the quantity and quality of information, the role of information in making legal decisions;

2) information processes - processes of collection, production, distribution, transformation, search, receipt, transmission and consumption of information;

3) information systems, information and telecommunication technologies and means of their support, including AIS, databases and data banks, their networks, other information technologies used for legal purposes; created on the basis of computer technology, communications and telecommunications.

7. METHODS OF INFORMATION AND LEGAL REGULATION

Information law method - techniques and methods by which the subject of law is studied.

When studying information law, various methods are used - both traditional and non-traditional - for legal science. Considerable attention is paid to methods designed to study information objects as special objects of information legal relations.

In the study of information law, mainly the methods of legal science are used, which are used in specific legal sciences and form their methodological basis.

Among the main methods of information law, the following can be distinguished.

1. Formal-dogmatic method. Usually, in research, this method is the first to be used, the essence of which is the legal processing of legal material, the dogma of law. This method includes such procedures as the description and analysis of information and legal norms and legal relations, their interpretation, classification and systematization of phenomena, concepts, norms, legal relations, acts, institutions.

As a result of applying the formal-dogmatic method, knowledge about information law is brought into the system, they receive a certain, clear form of their presentation, convenient for their memorization and subsequent study.

2. Method of comparative legal research is based on a comparison of two or more elements of the same type of information law (institutions, norms, concepts, etc.) with elements of other national legal systems (American, European, etc.) in order to identify common and distinctive characteristics of such elements.

3. Method of appealing to sciences, studying other related branches of law, allows you to use and effectively apply the provisions and conclusions developed by these sciences in the system of information law. Thus, in order to study information law, methods of general theory of law, constitutional law, administrative law, civil law, financial law, criminal law and other branches of law can be effectively used.

4. Method of sociological research can be used to monitor the activities of subjects of information law in order to assess the effectiveness of the practice of applying the rules and regulations of information law in specific conditions. The research tool of this method is based on questionnaires and surveys of subjects of specific legal relations.

Personal observation plays an essential role in this method. It is in the process of personal observation that factual material is collected and accumulated, which cannot be obtained in any other way.

Of great importance are the methods of statistical processing of the collected material, the use of which makes it possible to identify the features and frequency of phenomena, events, facts in the system of information law.

5. Methods of algorithmization and modeling actively used to study the system of information law, describe the structures and elements of this system, to describe the behavior of subjects of information legal relations.

6. System approach method can be applied at all stages and stages of the study of information law, its elements and parts as a universal complex method based on a detailed complete study of all possible ways, methods and options for solving the problem, as well as the consequences of applying methods and methods for solving the research problem.

8. STATE POLICY IN THE FIELD OF FORMATION OF THE INFORMATION SOCIETY

1998 State Information Policy Concept is called upon to play the role of an organizing and coordinating document, representing the basis for the preparation of a state program for Russia's entry into the information society. One of the purposes of the Concept is to draw the attention of public authorities, the media, and all interested parties to the problems of preparing the state, society, and the individual for the conditions of life in the information society.

According to this concept the main tasks of the state information policy are:

▪ development of information and telecommunication technologies;

▪ effective formation and use of national information resources (IR) and ensuring wide, free access to them;

▪ providing citizens with socially significant information and developing independent media;

▪ preparing a person for life and work in the coming information age;

▪ ensuring information security.

The legal support of the state information policy should develop in the following main areas: the development of new laws that supplement and develop the existing legislation in the information sphere; improving the acts of the current legislation, increasing the effectiveness of their norms; systematization and codification of acts of information legislation; harmonization of existing and newly developed laws in the information sphere with acts of other branches of legislation; active participation in the development of international legislation in the information sphere (at the level of near and far abroad).

Priority measures of the state information policy in the field of information law must be:

▪ analysis of development processes in the information sphere, identification of gaps and overlaps in legislation;

▪ development of a concept for the formation and development of information law and its source - information legislation;

▪ analysis of the reasons for the low effectiveness of existing information legislation and identification of the necessary set of measures to correct this situation;

▪ increasing the information and legal culture of society.

The main provisions of the legal support of the state information policy within the framework of information law:

▪ implementation of the principle of legal equality of all participants in the process of information interaction, regardless of their political, social and economic status;

▪ formation of a regulatory legal framework that ensures effective regulation of information relations, as well as monitoring the unconditional implementation of legislation;

▪ recognition of the possibility of limiting access to information solely on the basis of law as an exception to the general principle of openness of information;

▪ personalization of responsibility for the safety of information, its classification and declassification;

▪ protection by legal means of the individual, society, and state from false, distorted and unreliable information;

▪ providing citizens with a universal public information service, facilitating access to world information resources, global information networks.

9. INTERNATIONAL CHARACTER OF INFORMATION LAW

Information law provides interaction and cooperation between states at the information level. The sources of international law in the field of information and information technology include the Okinawa Charter for the Global Information Society of July 22, 2000.

According to this Charter, information and communication technologies (IT) are one of the most important factors influencing the formation of the society of the XNUMXst century. Their revolutionary impact concerns the way people live, their education and work, and the interaction between government and civil society. IT is fast becoming a vital driver of the global economy. They also enable all individuals, firms and business communities to deal with economic and social problems more effectively and creatively. There are great opportunities for all of us.

IT offers great opportunities for developing countries. Countries that have been able to channel their potential in the right direction can hope to overcome traditional barriers to infrastructure development, better address their pressing development needs, such as poverty reduction, health, sanitation and education, and the use of the benefits of the rapid growth of global e-commerce. Some developing countries have already made significant progress in these areas.

Efforts to overcome international disunity depend to a decisive extent on effective cooperation among all participants. Bilateral and multilateral cooperation will continue to play an important role in creating the framework conditions for IT development. International financial institutions, including multilateral development banks (MDBs), especially the World Bank, are well suited for this purpose and can design and implement programs that will promote growth and fight poverty, as well as increase connectivity, access and learning.

The International Telecommunications Network, UNCTAD and UNDP and other relevant international funds can also play an important role. The role of the private sector in promoting IT in developing countries remains central. It can also significantly contribute to international efforts to bridge the digital divide. NGOs that are uniquely positioned to communicate ideas to the public can also contribute to the development of human and community resources. IT is inherently global and requires a global approach.

To achieve these objectives, the group will look for ways to take concrete action in the following priority areas:

▪ formation of political, regulatory and network support;

▪ improving technical compatibility, expanding access and reducing costs;

▪ strengthening human potential;

▪ encouraging participation in global e-commerce networks.

In addition, it is noted that the strategy for the development of the information society should be accompanied by the development of human resources, the capabilities of which would meet the requirements of the information age.

10. LEGAL REGIME OF COMMERCIAL SECRET

Establishment of a trade secret regime

The owner of the trade secret has the right to establish a trade secret regime. A trade secret confidant is obliged to establish a trade secret regime if this follows from the obligations contained in the contract concluded with the owner of the trade secret. In other cases, the trade secret confidant is obliged to comply with the trade secret regime established by its owner. In this case, the information carrier or the accompanying document shall be labeled "Commercial secret".

The person establishing the trade secret regime independently determines the criteria for classifying information as a trade secret, the term of the trade secret regime and a set of measures to ensure the trade secret regime in relation to the information received, including setting and declassifying a trade secret, the procedure for accessing a trade secret, selection and use of means and methods of protection, storage and transmission of information constituting a trade secret.

Mandatory measure to ensure the trade secret regime is the conclusion of confidentiality agreements or other agreements confirming the obligation not to disclose trade secrets.

Additional measures to ensure the trade secret regime are established by the owner and confidant of a trade secret at their own discretion. Additional measures may include the establishment of a special procedure for access to information constituting a trade secret, affixing a special stamp on documents containing the specified information, limiting the circle of individuals who have access to the specified information.

Trade secret owner has the right to change or cancel the trade secret regime, if this does not violate the obligations assumed by him when concluding a confidentiality agreement or other agreements. When changing or canceling the trade secret regime, the owner of the trade secret is obliged to notify in writing the trade secret confidant with whom there is an appropriate agreement.

Upon liquidation of a legal entity - the owner of a trade secret, the liquidation commission (liquidator) decides on the possibility and procedure for the further use and protection of information constituting a trade secret of the liquidated legal entity.

A trade secret received from its owner on the basis of an agreement or as a result of legal succession is considered to have been received lawfully. Information obtained without the use of unlawful means during research on one's own initiative, systematic observation and collection of information is considered to be obtained lawfully and independently, regardless of the fact that the content of this information may coincide with the content of another person's trade secret.

A person who legally and independently received information that is simultaneously a commercial secret of another person becomes the owner of a commercial secret with all the rights provided for by law.

11. SYSTEM OF INFORMATION LAW

Information law as a branch of the legal system is a set of legal norms that regulate the activities of subjects of law in the information sphere (information activity).

Within the branch of information law, these norms are grouped into sub-branches and legal institutions.

Institute - these are interrelated and interdependent groups (sets) of legal norms that regulate homogeneous social relations of a certain narrow area within the branch (sub-branch) of law.

The system of information law exists objectively, since it reflects real social relations that are the subject of this industry. This system is expressed in information legislation, in the science of information law and in the educational process, which facilitates the study and teaching of the course "Information Law".

Structurally, the system of information law is divided into two parts - General and Special.

The General Part of Information Law focuses on norms that establish the basic concepts, general principles, legal forms and methods of legal regulation of information activities. The content of the subject and method of legal regulation of information relations is outlined, the characteristics of the source of information law are given. The legal regulation of relations in the exercise of the right to search, receive and use information is being studied; with independent circulation of information; when handling documented information; when establishing the legal regime of information technologies and means of their support, as well as information security. The legal problems of the Internet as a virtual information sphere are formulated.

A special part includes individual institutions of information law, which group information legal norms that are close in semantic content. These are two groups of institutions. Institutes that contain norms governing public relations regarding the circulation of open, publicly available information (the Institute of Intellectual Property in relation to information objects, the Institute of Mass Media, the Institutes of Librarianship and Archives), and the institutions of limited access information (the Institute of State Secrets, the Institute of Trade Secrets, institute of personal data).

In this way, information law system as follows:

1) General part;

2) Introduction. Basic concepts and definitions;

3) Subject and method of information law;

4) Source of information law;

5) The right to search, receive and use information;

6) Information as an object of independent circulation;

7) Documented information as an object of information legal relations;

8) Information technologies and means of their support as objects of information legal relations;

9) Legal problems of information security;

10) Legal problems of the virtual environment of the Internet;

11) Special part;

12) Informational aspects of intellectual property;

13) Legal regulation of relations in the creation and dissemination of mass information;

14) Legal regulation of relations in the field of librarianship;

15) Legal regulation of relations in the field of archives and archives;

16) Legal regulation of relations in the field of state secrets;

17) Legal regulation of relations in the field of trade secrets;

18) Legal regulation of relations in the field of personal data.

12. CORRELATION OF INFORMATION LAW WITH RELATED FIELDS OF LAW

Considering questions about the place of information law in the system of law, the following should be noted.

Information law actively uses the basic provisions of the theory of state and law, "interacts" with such branches of law as constitutional law, administrative law, financial law, criminal law, civil law, labor law, judiciary, international public and private law.

Information law interacts most closely with constitutional law. Being the leading branch of Russian law, constitutional law enshrines fundamental rights and freedoms of the individual, including information rights and freedoms (rights and freedoms in the information sphere), regulates the production of such important information objects as federal constitutional laws and federal laws.

A significant connection can be traced with civil law, primarily in the regulation of property relations and personal non-property relations regarding information and information objects in the information sphere.

Information law also actively uses methods administrative law first of all, in the regulation of relations arising from the implementation by public authorities and local self-government of their duties in the field of mass media, the formation of information resources and the issuance of information from them to a wide range of consumers.

On the other hand, information-legal norms "penetrate" almost all branches of law when they regulate relations that arise during the creation, transformation and consumption of information. This is explained by the fact that information is an integral part of human activity, and therefore legal relations for the creation, transformation and consumption of information in any industries and activities fall under the laws of legal regulation of information law.

A distinctive feature of information law can be considered the presence of special objects of legal relations, little studied, or rather, almost not studied by legal science. These are information and information objects as the main, fundamental objects of information legal relations. The application of the methods of legal science does not fully ensure the study of this complex object, it is necessary to apply other methods of the natural sciences, primarily the methods of informatics, legal informatics and legal cybernetics.

Information law regulates relations related to information, information technology, information security. For the qualitative regulation of information relations, it is necessary to study the legal features and properties of these objects. It is most expedient to study them by methods and methods of legal informatics and legal cybernetics.

It should be noted that legal informatics and legal cybernetics can be effectively used to study the information essence of law and the legal system in general, the information structure of law. Indeed, law and the legal system in their essence are information systems based as a foundation on the creation, transfer and dissemination of such complex information objects as regulatory legal acts.

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.

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.

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.

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.

17. INFORMATION LEGAL RELATIONS ARISING IN THE SEARCH, OBTAINING AND CONSUMPTION OF INFORMATION, INFORMATION RESOURCES, INFORMATION PRODUCTS, INFORMATION SERVICES

Such rights and obligations arise for consumers of information operating in the information sphere of the same name, and producers of information, information resources, information products and information services operating in the corresponding areas of the information sphere model of the same name.

Realization of the right to search, receive and transfer information (the right to access information or the right to know) is the most important, in fact, defining institution of information law. The legal foundation of this institution is the information and legal norms of the Constitution of the Russian Federation (Chapter 3).

Article 29, paragraph 4. Everyone has the right to freely seek, receive, transmit, produce and disseminate information in any legal way.

Article 44, paragraph 2. Everyone has the right to participate in cultural life and use cultural institutions, to have access to cultural property. 3. Everyone is obliged to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.

Article 29, paragraph 5. Freedom of the mass media is guaranteed. Censorship is prohibited.

The right to freely search for and receive information means the right of everyone to apply to state authorities, public associations, bodies and organizations, and other structures for obtaining the necessary information; the right to apply to cultural institutions, other structures, to the custodians of cultural property in order to obtain the requested information from them; the right to freely receive messages prepared and distributed by the mass media, the right to receive information contained in scientific and literary works, as well as other information disseminated, including for commercial purposes.

Subjects - consumers of information, acting in this area, exercise their constitutional right to search for and receive information of any kind and form of presentation, with the exception of restricted information, the procedure for obtaining which is regulated specifically. They enter into legal relations with those producers of information, information objects that act in fulfillment of their duties for the production and dissemination of information (these are mainly state structures and local governments), as well as with producers of information - authors of works or owners of information objects.

At the same time, consumers of information bear civil, administrative, legal and criminal liability for the unlawful use of the information received.

It is necessary to fully regulate the relations that arise when searching for and receiving: messages announcing the state of affairs or the state of something (obtaining reliable, prompt, complete information distributed by the media); information contained in scientific, literary works, other information distributed, including for commercial purposes; information from state information resources that is of public interest or affects the information rights and freedoms of each consumer.

In order to ensure the realization of the right of everyone to search for and receive the specified information, the state must ensure the freedom of its production and distribution, fix the obligations of state structures and local governments to prepare and provide information at the request of consumers, establish the procedure for providing information, the responsibility of persons for unreasonable refusal to provide information .

18. INFORMATION LEGAL RELATIONS ARISING DURING THE PRODUCTION, TRANSMISSION AND DISTRIBUTION OF INFORMATION, INFORMATION RESOURCES, INFORMATION PRODUCTS, INFORMATION SERVICES

The nature and characteristics of the rights and obligations arising from the production, transmission and dissemination of information are largely determined by the type and form of presentation of the information produced.

1. Public information as an object of civil legal relations (literary and scientific works, patents and copyright certificates, information resources, products and services in the form of composite works, databases and data banks, other information created in the course of creativity or for the purpose of making a profit).

The main group here is civil-legal relations related to the protection of personal non-property, personal property rights and property rights to the listed information objects, as well as administrative-legal relations in terms of the implementation by public authorities and local self-government of obligations to inform the consumer.

2. Mass information (information containing informational messages, prepared and distributed by the media and via the Internet in order to inform the population, including advertising of the activities of individuals and legal entities, manufactured products and services offered to consumers).

Most of the information relations in this area are of a constitutional-legal and administrative-legal nature.

3. Official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature, as well as their official translations).

These are relations of a constitutional and administrative-legal nature, which are manifested in the preparation of laws and other regulatory legal acts by public authorities in the exercise of their competence.

4. Required documented information (mandatory control copies of documents, information in accounting documents, data of documents submitted to statistical authorities, tax, registration and other information of this type).

Here, relations of an administrative-legal nature are manifested that arise during the preparation and provision of such information by the relevant subjects in the preparation of reporting and other information presented, as well as the duties of executive authorities and local self-government bodies to form information resources of such information in the manner of exercising their established competence.

5. Restricted Information (state secret, commercial secret, as well as personal data, etc.) is created by different subjects in the course of their official duties, personal initiative, and production activities.

The production, transfer and dissemination of such information, the formation and use of information resources with such information are carried out in conditions of limited access to it by specially trained and officially authorized persons.

The subjects participating in such processes enter into relations of an administrative-legal nature with a fairly strict responsibility for illegal actions with such information.

19. INFORMATION LEGAL RELATIONSHIPS ARISING IN THE CREATION AND APPLICATION OF INFORMATION SYSTEMS, THEIR NETWORKS, MEANS AND MECHANISMS OF INFORMATION SECURITY

Information legal relationsarising during the implementation of such information processes, are based on the following rights and obligations of their participants:

▪ the right to create and use information systems, their networks, and means of supporting them (all participants in these processes);

▪ intellectual property rights to the results of creative activity when creating such objects (individuals, legal entities, state authorities and local governments);

▪ limitation of the right to create such objects for restricted information;

▪ the obligation to create and use information systems, their networks, and means of supporting them in accordance with the established competence (state structures);

▪ obligation to conclude and execute contracts for the creation of such facilities for public needs (individuals, legal entities, state authorities and local governments);

▪ liability for poor quality of created products, violation of contract deadlines, and other violations. This group of relations is based on dispositive methods of regulation related to the protection of personal non-property rights and property rights to the listed information objects, as well as imperative methods in the design and operation of state information systems and means of supporting them.

The creators and entities that ensure the operation of such facilities bear civil, administrative and criminal liability for the creation of low-quality technologies and their poor-quality operation.

In the field of information security the main objects of protection are: the interests of the citizen, society, state in the information sphere (spirituality, morality and intellectual level of development of the individual and society, etc.); democracy, knowledge and spiritual values of society; constitutional system, sovereignty and territorial integrity of the state; information as intellectual property; documented information, information resources, information products, information services as intellectual and property property; machine carriers with information; databases (knowledge) as part of automated information systems and their networks; software as part of computers, their networks, hardware.

To protect these objects, organizational, technical, software, social, legal and other mechanisms are used to ensure the localization and prevention of such threats.

The information relations of this group are based on the following rights and obligations of their members:

▪ the right to personal protection from exposure to unreliable and false information;

▪ the right to protect information, information resources, products from unauthorized access;

▪ the right to protection of intellectual property;

▪ the right to protect information systems, information technologies and means of supporting them as property;

▪ responsibility for violation of information security, including personal rights and freedoms, secrecy and other restrictions on access to information, for computer crimes. Information legal relations in this area are regulated by mandatory and dispositive methods.

20. RIGHT TO SEARCH AND OBTAIN DOCUMENTED INFORMATION FROM STATE INFORMATION RESOURCES

The main normative act regulating the relations arising between the consumer of information and its producer in the circulation of documented information is the Federal Law "On Information, Informatization and Information Protection". Chapter 3 of this Law "Use of Information Resources" is devoted to the regulation of relations for the provision of information from information resources.

They have equal rights to access state information resources and are not required to justify to their owner the need to obtain the information they request (with the exception of restricted access information).

Access of individuals and legal entities to state information resources is recognized as the basis for exercising public control over the activities of state authorities, local governments, public, political and other organizations, as well as over the state of the economy, ecology and other areas of public life.

Information obtained by citizens and organizations on legal grounds from state information resources can be used by them to create derivative information for the purpose of its commercial distribution with a mandatory reference to the source of information.

State authorities and local self-government bodies create information resources available to everyone on issues of their activities and activities of organizations subordinate to them, and also, within their competence, provide mass information support to users on issues of the rights, freedoms and duties of citizens, their security and other issues representing public interest.

The list of information services provided to users from state information resources free of charge or for a fee that does not fully reimburse the costs of services is established by the Government of the Russian Federation.

The owner of information resources is obliged to ensure compliance with the processing regime and the rules for providing information to the user established by the legislation of the Russian Federation or the owner of these information resources in accordance with the law.

The basic principles of ensuring the right of access to information of state authorities and local self-government (producers of documented information) are established:

▪ presumption of accessibility and openness of information;

▪ reliability and completeness of information;

▪ timely provision of information;

▪ protection of the right to access information, including in court;

▪ establishing a restriction of the right to access information only by federal law and only to the extent necessary to protect the foundations of the constitutional order, ensure the defense of the country and the security of the state, the authority and impartiality of justice; morality, health, rights and legitimate interests of individuals and legal entities; compliance with the rights and legitimate interests of third parties when providing information.

21. ACCESS TO INFORMATION. REQUEST

The procedure for obtaining information by the user (indication of place, time, responsible officials, necessary procedures) is determined by the owner or owner of information resources in compliance with the requirements of the Law "On Information, Informatization and Information Protection". Lists of information and information support services, information on the procedure and conditions for access to information resources are provided by the owners of information resources and information systems to users free of charge.

Access to the information can be done in the following order:

▪ familiarization with official documents containing the requested information;

▪ receiving a copy of the relevant document or an extract from it;

▪ receiving a certificate containing the requested information;

▪ receiving an oral statement of the content of the requested information;

▪ obtaining information about the source of publication of the requested information in the official publication.

A request for information, as well as the provision of information upon request, may be carried out orally or in writing or using electronic technologies.

The request must contain the last name, first name and patronymic of the person who applied for information, the name of the organization on behalf of which the request was made, the last name, first name and patronymic of the person to whom the answer should be sent, his address and telephone number for answering or clarifying the nature of the request, as well as the desired form and type of response.

A response to a request for information must be given as soon as possible, but no later than 30 days after the day the request was received.

If the requested information cannot be provided within the specified period, a written notice of the postponement of the provision of the requested information is sent to the applicant for its receipt. The notice must specify the period and reasons for the delay in providing the requested information.

If the body that received the request does not have the requested information, it must notify the person concerned about it no later than within 7 days, and, if possible, inform him of the name and address of the body, organization or person that may have the requested information, or indicate the name of the organization to which the specified request is sent.

The response to the request must contain the name of the organization, the name of the executor of the request and his telephone number. Requests (including oral ones), as well as responses to requests, are subject to registration at the place of receipt of these requests.

Reports, correspondence, instructions from officials and other information of an intra-organizational nature are not subject to mandatory provision upon request. A refusal to provide information must contain an indication of the reasons why the request cannot be satisfied, the date of the decision to refuse, as well as an explanation of the procedure for appealing it.

Persons belonging to socially and economically unprotected groups (categories) of the population (children, disabled people, pensioners, officially recognized unemployed) are exempted from payment for providing information at the request.

For the provision of information, a fee may be charged, not exceeding the overhead costs incurred in connection with its provision, in the manner prescribed by the rules for the provision of information.

22. PROTECTION OF THE RIGHT TO INFORMATION. RESPONSIBILITY FOR VIOLATION OF THE RIGHT TO ACCESS TO INFORMATION

Refusal to provide information, unreasonable delay in response or failure to provide it within the established period, as well as other violations of the procedure for considering and satisfying a request provided for by law, can be appealed to a higher state body (organization) in the order of subordination. If the decision of a higher authority or organization does not satisfy the complainant, the complaint may be sent to court.

Persons who have been unlawfully denied access to information, as well as persons who have received false information, have the right to compensation for the damage incurred.

Officials of bodies and organizations who are guilty of unlawfully restricting access to information, failing to provide information in the prescribed manner, providing false information, who have committed other violations of the right to access to information, are subject to criminal, administrative and civil liability in accordance with the legislation of the Russian Federation.

In conditions when information communication of people is transferred to cross-border information networks, in which it is extremely difficult to identify facts of violation of information rights, and legislation has not yet been formed, the fulfillment of such obligations requires users of information most often to comply not with legal, but rather with ethical standards. In this regard, various codes of honor are being developed for information interaction on the Internet.

Codes establish standards of ethical behavior that must be adhered to by parties related to the field of informatics and telecommunications: manufacturers, sellers and consumers of hardware and software. It should be noted that the National Code is declared as a means of self-discipline (ie provides for voluntary adherence), but at the same time is intended to be used by the courts as a reference document in the framework of information legislation.

The Chamber of Commerce and Industry of the Russian Federation also proclaimed the National Code of Activities in the Field of Informatics and Telecommunications.

The Code is a tool of self-discipline and is also intended to be used by the courts as a reference document within the relevant legislation. It applies to all types of activities of legal entities and individuals in the field of informatics and telecommunications.

Legal entities and individuals operating in the field of informatics and telecommunications voluntarily assume the following perpetual obligations:

▪ not to produce, copy or use software and hardware of computer science and telecommunications without the permission (license of the owner) of the manufacturer or copyright owner and not acquired legally;

▪ not violate laws on the protection of intellectual property and recognized standards of copyright for software and databases;

▪ do not violate the secrecy of message transmission, do not practice opening information systems and data networks;

▪ do not use the names and abbreviations of other firms, companies and organizations without their consent;

▪ not make a profit from the use of a trademark or symbol belonging to another company or product.

23. CONCEPT AND TYPES OF SUBJECTS OF INFORMATION RIGHT

The main subjects of legal relations in this area are two groups of persons:

1) consumers of information;

2) producers of information.

Consumers include a wide range of subjects who need to obtain information of various types and purposes, which they need, first of all, to make appropriate decisions in their daily activities.

Consumers include citizens, legal entities, public associations, firms, institutions and enterprises, state authorities and local governments, and other structures that request information and use it.

Legal relations between consumers and producers of information are established by the norms of federal laws and other regulations, depending on the type of information being processed.

Users or consumers of information (persons requesting information) are citizens and stateless persons located on the territory of the Russian Federation, state authorities, local governments, bodies and organizations, public associations, other persons with the rights of a legal entity. They have equal rights to access state information resources and are not required to justify to their owner the need to obtain the information they request (with the exception of restricted access information).

At the same time, it is established that the owners of information resources provide users (consumers) with information from these resources on the basis of legislation, charters of these bodies and organizations, regulations on them, as well as contracts for information support services.

Main types of information: open information as an object of civil rights; documented information, including official documents and mandatory information; mass information; restricted information.

Laws and other normative acts establish the procedure for searching and obtaining such information by the consumer, the rights and obligations of the consumer of information, as well as the rights, obligations and responsibilities of the information producer, depending on the type of information and the form of its display.

Ensuring the right to search for and receive information of the types listed above is carried out by the norms of the institutions of the mass media, intellectual property, documented information (information resources). Below we will consider the issues of legal regulation of relations on access to documented information from state information resources. The implementation of the right to search for and receive mass information, works, restricted access information will be discussed in other sections when considering the content of legal institutions with the same names.

24. INFORMATION SECURITY

Information Security - the state of security of the information environment of society, ensuring its formation, use and development in the interests of citizens, organizations, and the state.

Prevention and elimination of information security threats to the interests and rights of an individual, society, state is based on the development and implementation of a set of protection tools and mechanisms. These can be organizational, technical, software, social, legal and other mechanisms that ensure the localization and prevention of such threats.

Information security issues concern both the subjects whose interests and rights are subject to protection, and the subjects providing such protection. Practically, these are all the subjects that were mentioned above in the areas of the information sphere: state authorities and local governments, legal entities and individuals that produce and consume information; public authorities and local self-government, legal entities and individuals developing and applying information systems, technologies and means of their support; organizations, enterprises, institutions that form information resources and provide consumers with information from them, government agencies and officials that ensure information security.

The information security of the Russian Federation is under the close attention of the state, in connection with which the President of the Russian Federation approved the Doctrine of Information Security of the Russian Federation. It serves as the basis for:

▪ formation of state policy in the field of ensuring information security of the Russian Federation;

▪ preparation of proposals to improve the legal, methodological, scientific, technical and organizational support for information security of the Russian Federation;

▪ development of targeted programs to ensure information security of the Russian Federation.

Doctrine develops The concept of national security of the Russian Federation in relation to the information sphere.

The interests of the individual in the information sphere consist in the implementation of the constitutional rights of a person and a citizen to access to information, to use information in the interests of carrying out activities not prohibited by law, physical, spiritual and intellectual development, as well as in protecting information that ensures personal security.

The interests of society in the information sphere are to ensure the interests of the individual in this area, the strengthening of democracy, the creation of a legal social state, the achievement and maintenance of public harmony, and the spiritual renewal of Russia.

The interests of the state in the information sphere are to create conditions for the harmonious development of the Russian information infrastructure, for the implementation of the constitutional rights and freedoms of man and citizen in the field of obtaining information and using it in order to ensure the inviolability of the constitutional order, sovereignty and territorial integrity of Russia, political, economic and social stability, in the unconditional provision of law and order, the development of equal and mutually beneficial international cooperation.

25. METHODS FOR ENSURING THE INFORMATION SECURITY OF THE RF

Common Methods ensuring information security of the Russian Federation are divided into legal, organizational and technical и economic.

The legal methods of ensuring the information security of the Russian Federation include the development of regulatory legal acts regulating relations in the information sphere, and regulatory methodological documents on issues of ensuring the information security of the Russian Federation.

The most important areas of this activity are:

▪ introducing amendments and additions to the legislation of the Russian Federation;

▪ legislative division of powers between federal government bodies and government bodies of constituent entities of the Russian Federation, determination of goals, objectives and mechanisms for the participation of public associations, organizations and citizens in these activities;

▪ clarification of the status of foreign news agencies, media and journalists, as well as investors when attracting foreign investment for the development of Russia’s information infrastructure;

▪ determination of the status of organizations providing services of global information and telecommunication networks on the territory of the Russian Federation, and legal regulation of the activities of these organizations.

Organizational and technical methods ensuring information security of the Russian Federation are:

▪ creation and improvement of the information security system of the Russian Federation;

▪ development, use and improvement of information security tools and methods for monitoring the effectiveness of these tools, development of secure telecommunication systems, increasing the reliability of special software;

▪ creation of systems and means to prevent unauthorized access to processed information and special impacts that cause destruction, destruction, or distortion of information;

▪ identification of technical devices and programs that pose a danger to the normal functioning of information and telecommunication systems;

▪ certification of information protection means, licensing of activities in the field of protection of state secrets, standardization of methods and means of information protection;

▪ monitoring the actions of personnel in secure information systems, training personnel in the field of ensuring information security of the Russian Federation;

▪ formation of a system for monitoring indicators and characteristics of information security of the Russian Federation in the most important spheres of life and activity of society and the state.

Economic methods ensuring information security of the Russian Federation include:

▪ development of programs to ensure information security of the Russian Federation and determination of the procedure for their financing;

▪ improving the system for financing work related to the implementation of legal, organizational and technical methods of information protection, creating a system of information insurance for individuals and legal entities.

Public policy ensuring information security determines the main areas of activity of federal state authorities and state authorities in the Russian Federation in this area, the procedure for fixing their duties to protect the interests of the Russian Federation in the information sphere within the framework of their activities and is based on maintaining a balance of interests of the individual, society and the state in the information sphere.

26. ORGANIZATIONAL BASIS OF THE INFORMATION SECURITY SYSTEM OF THE RUSSIAN FEDERATION

The main elements of the organizational basis of the information security system of the Russian Federation are:

▪ President of the Russian Federation;

▪ Federation Council and State Duma of the Federal Assembly of the Russian Federation;

▪ Government of the Russian Federation;

▪ Security Council of the Russian Federation;

▪ federal executive authorities;

▪ interdepartmental and state commissions created by the President of the Russian Federation and the Government of the Russian Federation;

▪ executive authorities of the constituent entities of the Russian Federation;

▪ local government bodies;

▪ judicial authorities;

▪ public associations;

▪ citizens.

The President of the Russian Federation within the limits of his constitutional powers, manages the bodies and forces to ensure the information security of the Russian Federation; authorizes actions to ensure the information security of the Russian Federation; in accordance with the legislation of the Russian Federation, forms, reorganizes and abolishes the bodies and forces subordinate to him to ensure the information security of the Russian Federation; determines in its annual messages to the Federal Assembly the priority areas of state policy in the field of information security of the Russian Federation.

Chambers of the Federal Assembly of the Russian Federation on the basis of the Constitution of the Russian Federation, on the proposal of the President of the Russian Federation and the Government of the Russian Federation, they form the legislative framework in the field of ensuring the information security of the Russian Federation.

The Russian government within its powers, coordinates the activities of federal executive authorities and executive authorities of the constituent entities of the Russian Federation, and also, when drafting the federal budget for the corresponding years in accordance with the established procedure, provides for the allocation of funds necessary for the implementation of federal programs in this area.

РФ carries out work to identify and assess threats to the information security of the Russian Federation, promptly prepares draft decisions of the President of the Russian Federation to prevent such threats, develops proposals in the field of ensuring the information security of the Russian Federation, coordinates the activities of bodies and forces to ensure the information security of the Russian Federation.

Federal executive authorities ensure the implementation of the legislation of the Russian Federation, decisions of the President of the Russian Federation and the Government of the Russian Federation in the field of information security of the Russian Federation; within their competence, develop normative legal acts in this area and submit them in accordance with the established procedure to the President of the Russian Federation and the Government of the Russian Federation.

Interdepartmental and state commissionscreated by the President of the Russian Federation and the Government of the Russian Federation, solve, in accordance with the powers granted to them, the tasks of ensuring the information security of the Russian Federation.

Executive authorities of the constituent entities of the Russian Federation interact with federal executive authorities on the implementation of the legislation of the Russian Federation, carry out activities to attract citizens, organizations and public associations to assist in solving problems of ensuring the information security of the Russian Federation.

Local government ensure compliance with the legislation of the Russian Federation in the field of information security of the Russian Federation.

Judicial authorities administer justice and provide judicial protection for citizens and public associations whose rights have been violated in connection with activities to ensure the information security of the Russian Federation.

27. INFORMATION PROPERTY

One of the defining provisions of information law is the property right that arises in connection with information, which can be understood as the right of everyone to recognize information as "one's own". In order to answer the question of what is "information property" or "ownership of information", we must once again consider the features and legal properties of information as an object of law.

The essence of the right of real property lies in the fact that a particular thing can belong to only one person at a time - the owner. However, the property of information - dissemination - suggests that the same information (its content, information about something or someone) can simultaneously belong to an unlimited circle of people (i.e., it can be possessed or known to its content by an unlimited circle of people).

The legislator extended the institution of ownership to information resources, including library collections and archives. At the same time, by fixing the ownership of such information objects, the legislator, in fact, regulates only the ownership relations for the information carrier and ignores the relations arising from the use of information reflected on the carrier.

1. The Federal Law "On Information, Informatization and Protection of Information" (clause 3, article 6) establishes: "The state has the right to buy back documented information from individuals and legal entities if this information is classified as a state secret. The owner of information resources containing information classified as a state secret, shall have the right to dispose of this property only with the permission of the relevant state authorities. And this means that, having handed over to the state a carrier containing information classified as a state secret, the owner of such documented information is free to transfer to third parties the information contained in these resources, since the legislator has not disclosed the concept of "order" in relation to documented information.

2. The legislator extends the right of ownership directly to information. Federal Law "On Production Sharing Agreements" art. 11. "Ownership of property and information":

"2. All primary geological, geophysical, geochemical and other information, data on its interpretation and derived data, ... obtained by the investor as a result of work under the agreement, belong to the state on the right of ownership. Subject to the confidentiality conditions stipulated by the agreement, the investor has the right to freely and free of charge use the specified information, data and samples in order to perform work under the agreement. The procedure for using the specified information, data and samples, as well as the procedure for their export outside the Russian Federation are determined by the agreement in accordance with the legislation of the Russian Federation.

3. In the Civil Code of the Russian Federation, information is included in the objects of civil rights along with things, property rights, and intellectual property. Art. 128 "Types of objects of civil rights":

"Objects of civil rights include things, including money and securities, other property, including property rights; works and services; information; results of intellectual activity, including exclusive rights to them (intellectual property); intangible benefits."

28. MODEL OF CIVIL INFORMATION FLOW

The essence of civil circulation of information is the ability to exercise the exclusive right to information (to the content of information).

The content of information is the right to use information in one's own, personal activities, mainly for decision-making.

To dispose of information in the sense of its civil circulation, that is, in order to exercise the exclusive right to this content, is the right to replicate and distribute information, primarily for commercial purposes.

Therefore, the essence of the realization of the exclusive right to information (to the content of information) lies precisely in the exercise of the right to replicate and distribute information (content) for the purpose of making a profit.

В circulation of information Three entities are involved:

1) the creator or producer of information;

2) the owner of the information;

3) consumer of information.

It is between them that relations arise regarding information as an object of civil rights, which are subject to legal regulation.

Creator or producer of information - a person, as a result of whose intellectual activity information (its content) is created. To include information in circulation, the creator transfers it to a material carrier, as a result of which an information thing or an information object (original work) appears, which has the property of dual unity of information and a material carrier and the property of transferability.

The creator of such an information object acquires the right of ownership to the material object, which reflects the content of the information created by him, upon the fact of its creation. Therefore, he can sell, transfer, donate, bequeath the original of his creation at his own discretion. However, at the same time, he acquires, in addition to real rights to a carrier with information, information rights, i.e. the right to know the content of information, apply this content in his own activities, replicate and distribute the content of information, including for commercial purposes, or transfer it right to another person.

Owner (holder) of information (information content) acquires information rights under an agreement with the information creator, the scope of which is fixed by the terms of the agreement. It receives the original information object or its accounted copy. Fulfilling contractual obligations, the owner of information replicates and distributes information.

Consumer of information (consumer of the content of information) is the ultimate recipient or user of information, for the sake of observing whose rights to information, the information right is ultimately built. By acquiring, as a rule, a specific copy of the information object (information thing), he also acquires the right to know the content of the information and the right to use this content for personal purposes. He is prohibited from replicating and distributing the information received for commercial purposes.

Informant - a natural or legal person professionally engaged in information activities, i.e. e. activities related to the production, transmission and dissemination of information.

29. SUBJECTS OF INFORMATION LEGAL RELATIONS IN CIVIL INFORMATION FLOW

Thus, the following subjects are involved in the civil circulation of information:

▪ producers of information (both individual and initial information objects, and composite objects);

▪ owners (holders) of information as a kind of intermediaries between information producers and information consumers;

▪ information consumers as final recipients of information and potential future producers of information.

Information object owners (of information things) or information owners can be of three types:

▪ the owner of an information object is the producer of the information displayed in this information object. This is a producer of information who has all information rights, and at the same time the owner of the original information object on which the information he created is contained. He acquires information powers and ownership of the original information object upon the fact of creating information on the basis of the constitutional right of free creativity;

▪ owner (or possessor) of an information object - owner (holder) of the information displayed in this information object. This is an entity that has a certain amount of information powers in accordance with the terms of the agreement concluded by it with the information producer for the replication and distribution of information, taking into account the satisfaction of the property rights of the information producer. At the same time, in accordance with the terms of the same agreement, he is the owner of either the original work (when all information rights are transferred to him), or a recorded copy of the information object (when part of such rights is transferred); ^ the owner of an information object is the consumer of the information displayed on this object. This is a subject who has information powers to the extent of the right to know and use in personal activities the content of the information displayed in the information object acquired by him, under the terms of the purchase and sale agreement, including the offer agreement. He is prohibited from duplicating and distributing information for commercial purposes or in any other way that violates the property rights of the information producer. All of the owners listed above can fully exercise the powers of the property owner, i.e. sell, donate, inherit and carry out other similar actions. However, at the same time, the terms of the contract for the information rights transferred to it, establishing the right to use the content of the information displayed on this object, must be strictly observed. The recipient of the information object also does not have the right to violate the specified information rights.

It should be noted that the information objects owned by the above entities are not always the same things, i.e. they are not always the same information carrier. In the interaction between the producer and the owner of information, this may be physically the same object (for example, when it comes to the original work). However, information objects are owned by consumers of information as fundamentally different things. And they "combine" within the framework of the considered informational powers only through the content of the information displayed on these media.

30. INTELLECTUAL PROPERTY

Article 44 (part 1) of the Constitution of the Russian Federation establishes that "everyone is guaranteed the freedom of literary, artistic, scientific, technical and other types of creativity, teaching. Intellectual property is protected by law."

The objects of intellectual property are the results of intellectual activity. These include works of literature, science and art, objects of so-called related rights (phonograms, performances, productions, broadcasts of on-air or cable broadcasting organizations), industrial property (inventions, utility models, industrial designs), equated to them - trademarks, service marks, names of places of passage of goods, programs for electronic computers and databases, typologies of integrated circuits, trade names, etc.

Itself intellectual activity is not subject to legal regulation, and civil law norms begin to operate after it finds its objective expression (for a number of objects this is not enough, a number of additional actions are necessary).

A comparative analysis of Russian and foreign experience in the legal regulation of intellectual property makes it possible to define the right of intellectual property as a set of legal norms regulating legal relations in connection with the establishment of the powers of specific persons for the urgent or perpetual possession, use and disposal of intangible objects expressed in an objectified form. With all the variety of intellectual property objects, there are common, characteristic features for all of them:

▪ they are the results of intellectual activity;

▪ these results have cost estimates;

▪ the corresponding products are carriers of certain information;

▪ a significant number of results are related to the personality of the author;

▪ objects are not consumable things;

▪ the results of intellectual activity can be simultaneously used by an unlimited number of people;

▪ the process of creative activity ends with the creation of a new, original product.

Perhaps, in a special row are such objects as trademarks, service marks, appellations of origin of goods, "know-how". They are of significant commercial value, but are not the result of intellectual creative activity.

The law guarantees the exclusive right to use them, and therefore, equating them to intellectual property, in Art. 138 of the Civil Code indicates that the use of the results of intellectual activity and means of individualization, which are the object of exclusive rights, can be carried out by third parties only with the consent of the copyright holder.

With the introduction of the norm on the protection of intellectual property in the Civil Code, the exclusive beginning of the author's rights to the object of creative activity created by him has been strengthened. The author is a priority figure for recognizing him in the law as a subject of the right to the object of creative activity created by him.

The rights of authors are still protected so far as products of creative activity and are protected by recognizing the right, restoring the situation that existed before the violation of the right, stopping actions that violate the right or threaten to violate it by indemnification, payment of compensation.

31. OFFICIAL AND PROFESSIONAL SECRET

The Federal Law "On Information, Informatization and Information Protection" defines information as information about persons, objects, facts, events, phenomena and processes regardless of the form in which they are presented.

The Civil Code protects a special type of information - official и trade secret. This type of information is protected if the following characteristics are present.

1. Information has actual or potential commercial value.

The range of information constituting an official or commercial secret is determined, as a rule, by the owner of the information, guided by the law, other legal acts, constituent documents, business practices. This list can include, in principle, any information that, in the opinion of the owner, affects the success of his activities. In some cases, the law, regardless of the will of the information carrier, decides on the possibility of its dissemination.

For example, in accordance with par. 2 p. 3 art. 184 of the Civil Code, a commercial representative is obliged to keep secret information about trade transactions that has become known to him even after the execution of the instructions given to him; by virtue of paragraph 1 of Art. 857 of the Civil Code, the bank guarantees the secrecy of the bank account and bank deposit, account transactions and information about the client.

According to part 2 of Art. 23 of the Constitution of the Russian Federation, everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. Restriction of this right is allowed only on the basis of a court decision.

On the other hand, par. 2 p. 1 art. 97 of the Civil Code obliges open joint-stock companies to annually publish for general information the annual report, balance sheet, profit and loss account. According to paragraph 1 of Art. 63 of the Civil Code, information on the liquidation of a legal entity must be published, by virtue of par. 2 p. 2 art. 118 of the Civil Code, the fund is obliged to publish annual reports on the use of its property. Other types of information that do not represent official and commercial secrets may also be disclosed by law.

2. The relevant information is not known to third parties.

3. This information is not freely available legally.

4. The owner of the information has taken measures to protect its confidentiality.

Information constitutes an official or commercial secret in the case when the information has actual or potential commercial value due to the fact that it is not known to third parties, there is no free access to it on a legal basis, and the owner of the information takes measures to protect its confidentiality. Information that cannot constitute an official or commercial secret shall be determined by law and other legal acts.

Information constituting an official or commercial secret is protected by the methods provided for by the Civil Code and other laws.

Persons who illegally obtained information that constitutes an official or commercial secret are obliged to compensate for the losses caused.

Such an obligation is imposed on employees who divulged official or commercial secrets contrary to an employment contract, including a contract, or counterparties who did so contrary to a civil law contract.

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.

33. DOCUMENTED INFORMATION WITH RESTRICTED ACCESS

Documented information with restricted access is divided into information classified as state secrets, confidential.

At the same time, it is prohibited to refer to information with restricted access:

▪ legislative and other regulations establishing the legal status of state authorities, local governments, organizations, public associations, as well as the rights, freedoms and obligations of citizens, the procedure for their implementation;

▪ documents containing information on emergency situations, environmental, meteorological, demographic, sanitary-epidemiological and other information necessary to ensure the safe functioning of populated areas, production facilities, the safety of citizens and the population as a whole;

▪ documents containing information on the activities of state authorities and local governments, on the use of budget funds and other state and local resources, on the state of the economy and the needs of the population, with the exception of information classified as state secrets;

▪ documents accumulated in open collections of libraries and archives, information systems of state authorities, local governments, public associations, organizations that are of public interest or necessary for the implementation of the rights, freedoms and responsibilities of citizens. The owner of information resources is obliged to ensure compliance with the processing regime and rules for providing information to the user established by the legislation of the Russian Federation or by the owner of these information resources in accordance with the law.

The owner of information resources bears legal responsibility for violation of the rules for working with information in the manner prescribed by the legislation of the Russian Federation.

For offenses when working with documented information, public authorities, organizations and their officials are liable in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.

To consider conflict situations and protect the rights of participants in the formation and use of information resources, the creation and use of information systems, technologies and means of their support, temporary and permanent arbitration courts can be created.

The arbitration court considers conflicts and disputes of the parties in the manner prescribed by the legislation on arbitration courts.

Denial of access to open information or provision of deliberately false information to users can be appealed in court. Non-fulfillment or improper fulfillment of obligations under a supply, purchase and sale agreement, other forms of exchange of information resources between organizations are considered by an arbitration court. In all cases, persons who are denied access to information, and persons who have received false information, have the right to compensation for the damage they have suffered.

The system-forming norms of the Federal Law "On Information, Informatization and Protection of Information" are implemented in regulatory legal acts by types of information, taking into account the peculiarities of its legal regime, determined by the specifics of information and the actions of subjects regarding it. The main regulatory legal acts in this area are the Federal Law "On librarianship", the Fundamentals of the legislation of the Russian Federation "On the Archival Fund of the Russian Federation and Archives", etc.

34. OBLIGATORY COPY OF DOCUMENT AS A TYPE OF DOCUMENTED INFORMATION

The Federal Law "On the legal deposit of documents" determines the policy of the state in the field of formation required copy of documents as a resource base for the acquisition of the complete national library and information collection of the Russian Federation and the development of the state bibliography system, provides for ensuring the safety of the legal deposit of documents and its public use. The main purpose of the Law is the legal regulation of relations in the formation and use of the national library and information fund of the Russian Federation in the form of a collection of all types of legal deposit, compiled on the basis of a free legal deposit, distributed between book chambers, libraries, scientific and technical information bodies, intended for permanent storage and public use.

Under required copies of documents refers to copies of various types of replicated documents to be transferred by manufacturers to the relevant institutions and organizations.

Legal deposit system - sets of legal deposit types, as well as the established procedure for their collection, distribution and use.

The legal deposit includes the following types of documents:

▪ publications (text, music, cartographic, pictorial publications) - publishing products that have undergone editorial and publishing processing, independently designed in printing, with imprint information;

▪ publications for the blind - publications produced in raised dot font using the Braille system, and “talking books”;

▪ official documents - printed works published on behalf of legislative, executive and judicial authorities, of a legislative, regulatory, directive or informational nature;

▪ audiovisual products - film, video, photo, sound documents;

▪ electronic publications, including programs for electronic computers (hereinafter referred to as computers) and databases or representing computer programs and databases;

▪ unpublished documents - results of research and development activities (dissertations, reports on research and development work, deposited scientific works, algorithms and programs).

Not to be mailed as an obligatory free federal copy, strict reporting documents and equivalent documents, technical documentation for military products (forms, operating instructions), blank products, instructions for filling out reporting forms, albums of accounting and reporting documentation forms.

The legal deposit is supplied by the producer of documents - a legal entity, regardless of its organizational and legal form and form of ownership, producing, publishing and distributing various types of legal deposit.

There are the following categories of document producers: publishers; printing companies, other publishing institutions and organizations: editorial offices of mass media; music and record companies; television and radio companies; film studios; video enterprises and cinematographic enterprises; research institutions; higher educational institutions, design and engineering institutions, other organizations that produce various types of documents. Producers of documents are obliged to deliver a mandatory free copy to recipients of documents free of charge.

35. KEEPING A COMPULSORY FREE FEDERAL COPY

Permanent storage of the obligatory free federal copy is assigned to:

▪ Russian Book Chamber, Russian State Library, Russian National Library, Library of the Russian Academy of Sciences, State Public Scientific and Technical Library of the Siberian Branch of the Russian Academy of Sciences, Khabarovsk Regional Scientific Library;

▪ Russian State Library for the Blind;

▪ All-Russian Patent and Technical Library;

▪ Parliamentary Library of the Russian Federation;

▪ Federal Fund of State Standards and all-Russian classifier of technical and economic information, international (regional) rules, norms and recommendations for standardization of foreign countries;

▪ All-Russian Scientific and Technical Information Center of the Ministry of Industry, Science and Technology of the Russian Federation, All-Russian Institute of Scientific and Technical Information of the Russian Academy of Sciences, Institute of Scientific Information for Social Sciences of the Russian Academy of Sciences;

▪ Russian Book Chamber, Russian State Library, Russian National Library and State Fund of Television and Radio Programs;

▪ State Film Fund of the Russian Federation;

▪ Inter-industry research institute "Integral";

▪ scientific and technical center "Informregister".

Informing about the obligatory free federal copy of documents is carried out as follows.

1. The Russian Book Chamber publishes state bibliographic indexes, which include information about publications, audio products and video films received by the Russian Book Chamber, as well as information about the obligatory free federal copy of publications for the blind. The obligation to inform the Russian Book Chamber about new acquisitions of publications for the blind rests with the Russian State Library for the Blind.

2. Informing consumers about the mandatory free federal copy of unpublished documents is the responsibility of:

▪ All-Russian Scientific and Technical Information Center of the Ministry of Industry, Science and Technology of the Russian Federation;

▪ All-Russian Institute of Scientific and Technical Information of the Russian Academy of Sciences;

▪ Institute of Scientific Information for Social Sciences of the Russian Academy of Sciences.

3. Informing consumers is assigned to:

▪ Parliamentary Library of the Russian Federation;

▪ All-Russian Patent and Technical Library;

4. Informing consumers about the mandatory free federal copy of computer programs that are part of electronic publications or are independent publications is assigned to the Intersectoral Research Institute "Integral"; on a mandatory free federal copy of electronic publications, including databases that are part of them or are independent publications - to the Scientific and Technical Center "Informregistr".

For untimely and incomplete delivery of a legal deposit, document producers are liable in accordance with the legislation on administrative offenses.

36. DOCUMENTED INFORMATION IN INTERNATIONAL INFORMATION EXCHANGE

The main source in this area is the Federal Law "On Participation in International Information Exchange". Its goal is to create conditions for effective Russia's participation in international information exchange within the framework of a single global information space, protecting the interests of the Russian Federation, subjects of the federation and municipalities, as well as protecting the interests, rights and freedoms of individuals and legal entities in international information exchange.

The objects of international information exchange include: documented information, information resources, information products, information services, means of international information exchange.

Subjects of international information exchange in the Russian Federation can be: the Russian Federation, subjects of the federation, state authorities and local governments, individuals and legal entities of the Russian Federation, individuals and legal entities of foreign states, stateless persons.

Relationships related to the right of ownership arising from the provision or receipt of information services are determined by an agreement between the owner or owner of information products and the user.

The owner or holder of documented information, information resources, information products, means of international information exchange has the right to appeal to the court the actions of officials to restrict international information exchange if, in his opinion, these actions are unfounded and violate his rights.

Upon detection of abnormal modes of functioning of the means of international information exchange, the owner and owner of these means must promptly inform the authorities of control over the implementation of international information exchange and the owner or owner of the interacting means of international information exchange.

Access of individuals and legal entities in the Russian Federation to the means of international information exchange and foreign information products is carried out according to the rules established by the owner or owner of these means and products. The owner or owner is obliged to ensure the openness of the access rules established by him, the possibility of familiarizing the user with them.

Access denied to means of international information exchange and foreign information products can be appealed to a court of the Russian Federation, if their owner or possessor is under the jurisdiction of the Russian Federation, or to international commercial arbitration.

The international information exchange is controlled by the federal executive authorities and the executive authorities of the constituent entities of the Federation within their competence.

The activities of international information exchange in the Russian Federation are subject to licensing in cases when, as a result of it, state information resources are exported outside the territory of Russia or documented information is imported into the territory of the Russian Federation to replenish state information resources.

For illegal actions in the implementation of international information exchange, individuals and legal entities of the Russian Federation, individuals and legal entities of foreign states, stateless persons on the territory of the Russian Federation bear civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

37. LEGAL REGULATION OF INFORMATION RELATIONS IN THE PRODUCTION AND DISTRIBUTION OF COMPUTER PROGRAMS AND DATABASES

The Law of the Russian Federation "On the legal protection of programs for electronic computers and databases" regulates relations related to the creation, legal protection and use of computer programs and databases. From the standpoint of information law, computer programs in their pure form do not belong to information objects, however, they act as objects from among the means of providing information systems and their means of support (see Article 2 of the Federal Law "On Information, Informatization and Information Protection").

Nevertheless, computer programs are also among the most important objects information legal relations, as they provide information processing in modern conditions. Such objects of information legal relations, like information objects, have a dual unity of program content and their carrier, without which their transmission, replication, use or distribution is impossible.

Computer programs and databases are subject to copyright under the Law of the Russian Federation "On the legal protection of programs for electronic computers and databases". Computer programs are granted legal protection as works of literature, and databases as collections.

Авторское право applies to any computer programs and databases, both released and not released to the public, presented in an objective form, regardless of their material carrier, purpose and dignity.

Copyright extends to computer programs and databases that are the result of the creative activity of the author. The creative nature of the author's activity is assumed until proven otherwise.

Legal protection extends to all types of computer programs (including operating systems and software packages) that can be expressed in any language and in any form, including source text and object code.

Legal protection extends on databases, which are the result of creative work on the selection and organization of data. Databases are protected whether or not the data on which they are based or which they include is subject to copyright.

Legal protection does not extend to ideas and principles underlying a computer program or database or any of their elements, including ideas and principles for organizing an interface and algorithm, as well as programming languages.

Copyright for computer programs and databases is not associated with the ownership of their material carrier. Any transfer of rights to a material medium does not entail the transfer of any rights to computer programs and databases.

Copyright extends to computer programs and databases that are the result of the creative activity of the author. The creative nature of the author's activity is assumed until proven otherwise.

Legal protection extends to databases that are the result of creative work in the selection and organization of data. Databases are protected whether or not the data on which they are based or which they include is subject to copyright.

38. STATE SECRET AS A SUBJECT WITHDRAWN FROM CIVIL TRAFFIC

state secret - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational intelligence activities, the dissemination of which could harm the security of the Russian Federation.

Carriers of information constituting a state secret are material objects, including physical fields, in which information constituting a state secret is displayed in the form of symbols, images, signals, technical solutions and processes.

State secret protection system - a set of bodies for the protection of state secrets, the means and methods used by them to protect information constituting a state secret and their carriers, as well as activities carried out for these purposes.

Access to information constituting a state secret - familiarization of a specific person with information constituting a state secret authorized by an authorized official.

The list of information constituting a state secret is a set of categories of information in accordance with which information is classified as a state secret and is classified on the grounds and in the manner established by federal law.

State secrets are:

1) information in the military field;

2) information in the field of economics, science and technology;

3) information in the field of foreign policy and economics:

▪ on the foreign policy and foreign economic activities of the Russian Federation, the premature dissemination of which could harm the security of the state;

▪ on financial policy towards foreign states (with the exception of general indicators on external debt), as well as on financial or monetary activities, the premature spread of which could harm the security of the state;

4) information in the field of intelligence, counterintelligence and operational investigative activities. The information to which access is determined cannot be restricted:

▪ information necessary to satisfy and protect the rights and legitimate interests of persons;

▪ laws, other regulatory legal acts;

▪ information about emergency situations (incidents, disasters, natural disasters) that threaten the safety and health of citizens, their official forecasts; environmental, meteorological, demographic, sanitary-epidemiological and other information necessary to ensure the safety of citizens, populated areas, industrial and other facilities;

▪ information on the size of gold reserves and state foreign exchange reserves of the Russian Federation;

▪ information about privileges, compensation and benefits provided to citizens, officials and organizations;

▪ information on the health status of persons classified by the legislation of the Russian Federation as senior officials of the Russian Federation;

▪ information about facts of violation of human and civil rights and freedoms, as well as the rights of legal entities;

▪ information on the legal status and activities of state authorities and local governments, on the use of budget funds, on the state of the economy and the needs of the population, on the state of the fight against crime;

▪ information, restriction of access to which is prohibited by other federal laws and laws of the Russian Federation.

39. ORDER OF CREATION AND APPLICATION OF INFORMATION SYSTEMS AND THEIR NETWORKS. INFORMATION SYSTEMS OF COMMUNICATIONS: INTERNET, E-MAIL, DIGITAL COMMUNICATIONS AND DR

As you know, the Internet is also called - World Wide Web (WWW) - "the world wide web". And not just a web, but a web that includes numerous databases and data banks.

In other words, it is a distributed global knowledge base, which includes many different information arrays (information resources, databases or knowledge) consisting of documents, data, texts, interconnected by a cross-border telecommunication information web or network.

This World Wide Web is formed on the basis of countless computers (computer facilities) of various types and purposes, software, information resources, communications and telecommunications, through which information is transmitted and received.

The totality of information arrays of the World Wide Web is, as it were, permeated with numerous "hypertext" links. Each such connection "connects" between any points of WWW text or graphic documents or document elements. They are presented in HTML (Hiper Text Markup Laguage) format and may consist of text and graphic fragments, design elements, separate data and other similar structures.

The Internet includes and ensures its functioning a lot of providers (subjects providing information services to Internet users), server owners (computers that host information stocks) and, finally, users of Internet services and consumers of information.

As a result, the development of telecommunication systems, global networks and interactive means of information dissemination creates the possibility for an individual user to access practically unlimited information arrays. Thus, a single global electronic information space is being created.

In the early 90s. D. Skallde, former president of Appje, and other experts put forward the idea of navigation in a single open information space - "knowledge navigation". The Internet has become such an open information space.

Can such a complex World Wide Web called "Internet" be called an automated information system? To do this, let us return to the definition adopted by the legislator.

The Federal Law "On Information, Informatization and Protection of Information" defines the concept of "information system" - an organizationally ordered set of documents (files of documents) and information technologies, including the use of computer technology that implements information processes "(Article 2).

This article also defines the term "tools for providing automated information systems and their technologies - software, technical, linguistic, legal, organizational tools (programs for electronic computers; computer equipment and communications; dictionaries, thesauri and classifiers; instructions and methods; regulations, charters, job descriptions; schemes and their descriptions, other operational and accompanying documentation) used or created in the design of information systems and ensuring their operation.

40. PATENT

Objects of the invention can be: device, method, substance, microorganism strain, plant and animal cell cultures, as well as the use of a previously known device, method, substance, strain for a new purpose.

Not recognized as patentable inventions: scientific theories and mathematical methods; methods of organization and management of the economy; symbols, schedules, rules; methods of performing mental operations; algorithms and programs for computers; projects and planning schemes for structures, buildings, territories; decisions relating only to the appearance of products, aimed at satisfying aesthetic needs; topology of integrated circuits; plant varieties and animal breeds; decisions contrary to the public interest, principles, humanity and morality.

К useful models includes constructive production and production of consumer goods, as well as their components.

A utility model is granted legal protection if it is new and industrially applicable. A utility model is considered new if the totality of its essential features is not known to the technology of this level. A utility model is industrially applicable if it can be used in industry, agriculture, health care and other industries.

The following are not protected as utility models: methods, substances, strains of microorganisms, plant and animal cell cultures, as well as their use for a new purpose.

Industrial designs include the artistic and design solution of the product, which determines its appearance.

An industrial design is granted legal protection if it is new, original and industrially applicable. An industrial design is recognized as new if the set of features that determine the aesthetic features of the product is not known from information that became publicly available in the world before the priority date of the industrial design. An industrial design is recognized as original if its essential features determine the creative nature of the aesthetic features of the product. An industrial design is recognized as industrially applicable if it can be reproduced many times by manufacturing the corresponding product.

Solutions that are not recognized as patentable industrial designs are: those determined solely by the technical function of the product; objects of architecture (except for small architectural forms), industrial, hydraulic and other stationary structures; printed matter as such; objects of unstable form from liquid, gaseous, friable or similar substances; products that are contrary to the public interest, the principles of humanity and morality.

The author of an invention, utility model, industrial design is a natural person, whose creative work they are created. If several individuals participated in the creation of an industrial property object, all of them are considered to be its authors. The procedure for using the rights belonging to the authors is determined by an agreement between them.

Individuals who have not made a personal creative contribution to the creation of an industrial property object, who provided the author (authors) with only technical, organizational or material assistance, or who only contributed to the registration of rights to it and its use, are not recognized as authors. The right of authorship is an inalienable personal right and is protected indefinitely.

The rights to an invention, utility model, industrial design are confirmed by a patent for an invention, a certificate for a utility model or a patent for an industrial design (hereinafter referred to as a patent) and are protected by law. A patent certifies the priority, authorship of an invention, utility model or industrial design and the exclusive right to use them.

41. KNOW-HOW

know-how law not yet. The draft law "On Commercial Secrets" defines the basic concepts:

▪ information constituting a trade secret (hereinafter referred to as trade secret), scientific, technical, technological, commercial, organizational or other information used in economic activity, including know-how, which has actual or potential commercial value due to its knowledge to third parties that could benefit from its disclosure or use, to which there is no free access on a legal basis and in relation to which legal, organizational, technical and other protection measures are taken adequate to its value;

▪ know-how - results of intellectual activity protected as a trade secret that can be transferred to another person and used by him legally, including unpublished scientific and technical results, technical solutions, methods, methods of using technological processes and devices that are not are provided with patent protection in accordance with the law or at the discretion of the person legally possessing such information;

▪ holder of a trade secret - an individual or legal entity who legally possesses information constituting a trade secret and the corresponding rights in full;

▪ confidant of a trade secret - an individual or legal entity who, by virtue of his official position, contract or other legal basis, knows the trade secret of another person;

▪ trade secret regime - a system of legal, organizational, technical and other measures taken by the holder of a trade secret and the confidant of a trade secret to ensure limited access to relevant information;

▪ carriers of trade secrets - material objects, including physical fields, in which information constituting a trade secret is displayed in the form of symbols, images, signals, technical solutions and processes;

▪ disclosure of a trade secret - an act (action or inaction) that is committed in violation of the law or contract (including labor contract) and as a result of which the trade secret became known to third parties. The author of know-how has the right of authorship (the right to be recognized as the author of know-how).

The property rights of the know-how owner include the right to:

▪ use know-how in your own production of goods (works or services);

▪ transfer property rights to know-how to another person under a contract;

▪ transfer under a contract the right to use know-how;

▪ receive monetary rewards from the use of know-how.

Property rights to know-how arise by virtue of the fact of its creation and the adoption of measures to protect know-how. For the emergence of property rights to know-how, no formalities are required (registration, obtaining a certificate, etc.).

Property rights to know-how created in the course of performing a job assignment belong to the employer, unless otherwise provided in the contract between him and the employee (author of the know-how).

When using know-how in the employer's own production or when selling a license to use know-how (know-how author), remuneration is paid.

42. Media

The organization of the activities of the media should not impede the freedom of the media, limit the freedom of action of the media.

The editorial office of the mass media carries out its activities after its registration.

Application for registration of mass media, the products of which are intended for distribution mainly:

▪ on the entire territory of the Russian Federation, beyond its borders, on the territory of several republics within the Russian Federation, several territories and regions, - submitted by the founder to the Ministry of the Russian Federation for Press, Television and Radio Broadcasting and Mass Communications;

▪ on the territory of a republic within the Russian Federation, territory, region, district, city, other populated area, district within a city, microdistrict - submitted by the founder to the relevant territorial bodies of the Ministry of the Russian Federation for Press, Television and Radio Broadcasting and Mass Communications. The application for registration is subject to consideration by the registering authority within one month from the specified date.

No registration required:

▪ mass media established by legislative, executive and judicial authorities exclusively for the publication of their official messages and materials, regulations and other acts;

▪ periodicals with a circulation of less than one thousand copies;

▪ radio and television programs distributed via cable networks limited to the premises and territory of one government agency, educational institution or industrial enterprise or having no more than ten subscribers;

▪ audio and video programs distributed in recordings in a circulation of no more than 10 copies. Refusal to register a mass media is possible if:

▪ the application was submitted on behalf of a citizen, an association of citizens, an enterprise, an institution, an organization that does not have the right to establish mass media in accordance with the Law “On the Mass Media”;

▪ the information provided in the application is not true;

▪ the name, approximate topic and (or) specialization of the mass media constitute an abuse of freedom of the media;

▪ this registration authority or the Ministry of the Russian Federation for Press, Television and Radio Broadcasting and Mass Communications has previously registered a mass media outlet with the same name and form of mass media distribution.

Rejection Notice in registration is sent to the applicant in writing, indicating the grounds for refusal provided for by the said Law.

The activities of a mass media outlet may be terminated or suspended only by decision of the founder or by a court in civil proceedings at the suit of the registering body or the Ministry of the Russian Federation for Press, Television and Radio Broadcasting and Mass Communications.

The founder has the right to terminate or suspend the activities of the mass media exclusively in cases and in the manner provided for by the editorial board's charter or the agreement between the founder and the editorial office (editor-in-chief).

Termination of the activities of a mass media outlet entails the invalidity of the certificate of its registration and the charter of the editorial office.

43. INSTITUTIONS AND EDITIONS

The founder approves the charter editorial office and (or) concludes an agreement with the editorial office of the mass media (editor-in-chief).

The founder has the right to oblige the editorial office to place free of charge and within the specified period a message or material on his behalf (application of the founder). For claims and lawsuits related to the founder's statement, the founder is liable. If the ownership of the specified message or material to the founder is not stipulated by the editorial board, it acts as a co-respondent.

The founder has no right to interfere in the activities of the mass media, except as provided by law, the editorial board's charter, the agreement between the founder and the editorial office (editor-in-chief).

The founder may transfer his rights and obligations to a third party with the consent of the editorial board and co-founders. In the event of liquidation or reorganization of the founder - an association of citizens, enterprises, institutions, organizations, state bodies, his rights and obligations are transferred in full to the editorial office, unless otherwise provided by the editorial charter.

The founder can act as a publisher, distributor, owner of editorial property.

The editorial office may be a legal entity, an independent business entity, organized in any form permitted by law. If the editorial office of a registered mass media is organized as an enterprise, then it is also subject to registration in accordance with the legislation of the Russian Federation on enterprises and entrepreneurial activities and, in addition to the production and publication of the mass media, has the right to carry out other activities not prohibited by law in the prescribed manner.

The editorial office may act as a founder of the mass media, publisher, distributor, owner of the property of the editorial office.

The editorial office is managed by the editor-in-chief, who exercises his powers on the basis of the Law of the Russian Federation "On the Mass Media", the editorial charter, the agreement between the founder and the editorial office (editor-in-chief).

Editor in chief represents the editorial office in relations with the founder, publisher, distributor, citizens, associations of citizens, enterprises, institutions, state bodies, as well as in court. He is responsible for fulfilling the requirements for the activities of the mass media by this Law and other legislative acts of the Russian Federation.

Editorial Charter mass media is adopted at a general meeting of a team of journalists - full-time employees of the editorial office by a majority of votes in the presence of at least two-thirds of its composition and is approved by the founder.

The agreement between the co-founders of the media determines their mutual rights, obligations, responsibilities, procedure, conditions and legal consequences of changing the composition of the co-founders, the procedure for resolving disputes between them.

The agreement between the editorial office and the publisher determines the production, property and financial relations between them, the mutual distribution of publishing rights, the publisher's obligations for the material and technical support of the production of mass media products and the responsibility of the parties.

44. COMMERCIAL AND BANKING SECRET

Various aspects of ensuring commercial and banking secrecy are regulated in a large number of regulations.

Trade secret regime cannot be established by persons engaged in entrepreneurial activities in relation to specific information specified in the law on commercial secrets.

At the motivated request of a state authority, another state body, a local government body, the owner of information constituting a commercial secret provides them with information constituting a commercial secret free of charge.

If the owner of information constituting a commercial secret refuses to provide it to a state authority, other state body, local government body, these bodies have the right to request this information in a judicial proceeding.

The owner of information constituting a trade secret, as well as state authorities, other state bodies, local government bodies that have received such information, are obliged to provide this information at the request of the courts, prosecutor's offices, preliminary investigation bodies, bodies of inquiry in cases in their proceedings, in the manner and on the grounds provided for by the legislation of the Russian Federation.

Documents containing a trade secret must be marked "Commercial secret" with an indication of its owner (for legal entities - full name and location, for individual entrepreneurs - last name, first name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

A credit institution, the Bank of Russia, an organization that performs the functions of compulsory deposit insurance guarantee the secrecy of transactions, accounts and deposits of their customers and correspondents. All employees of a credit institution are required to keep secret about the transactions, accounts and deposits of its customers and correspondents, as well as about other information established by the credit institution, unless this is contrary to federal law.

The bank is obliged to guarantee the secrecy bank account and bank deposit, account transactions and customer information. Information constituting banking secrecy may be provided only to the clients themselves or their representatives. Such information can be transmitted both orally and provided in the form of written references.

In addition to the clients themselves, information may be issued to courts and arbitration courts (judges). The Accounts Chamber of Russia, the bodies of the State Tax Service and the tax police, the customs authorities in specially established cases and the bodies of preliminary investigation with the consent of the prosecutor. In the event of the death of citizen clients, information about their accounts is issued to heirs, as well as notaries and consular offices.

Certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by a credit institution to themselves, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, tax authorities, customs authorities of the Russian Federation in cases provided for by legislative acts on their activities, and if there is the consent of the prosecutor - to the bodies of preliminary investigation in cases being in their proceedings.

45. LEGAL STATUS OF A JOURNALIST

The journalist has the right:

▪ search, request, receive and disseminate information;

▪ visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services;

▪ be accepted by officials in connection with a request for information;

▪ gain access to documents and materials, with the exception of their fragments containing information constituting state, commercial or other secrets specially protected by law;

▪ copy, publish, announce or otherwise reproduce documents and materials, subject to compliance with the requirements established by law (see Part 1 of Article 42 of the Law of the Russian Federation “On the Mass Media”);

▪ make recordings, including using audio and video equipment, filming and photography, except as provided by law;

▪ visit specially protected places of natural disasters, accidents and catastrophes, riots and mass gatherings of citizens, as well as areas where a state of emergency has been declared; attend rallies and demonstrations;

▪ check the accuracy of the information provided to him;

▪ express personal judgments and assessments in messages and materials intended for distribution under his signature;

▪ refuse to prepare, under his signature, a message or material that contradicts his beliefs;

▪ remove his signature from a message or material, the content of which, in his opinion, was distorted during the editorial preparation process, or prohibit or otherwise stipulate the conditions and nature of the use of this message or material in accordance with Part 1 of Art. 42 of the said Law;

▪ distribute messages and materials prepared by him under his signature, under a pseudonym or without a signature.

The editors have the right submit an application to a state body, organization, institution, body of a public association for accreditation of their journalists with them. State bodies, organizations, institutions, bodies of public associations accredit the declared journalists, provided that the editors comply with the accreditation rules established by these bodies, organizations, institutions.

The bodies, organizations and institutions that have accredited journalists are obliged to notify them in advance of meetings, conferences and other events, provide them with transcripts, minutes and other documents, and create favorable conditions for recording. An accredited journalist has the right to be present at meetings, meetings and other events held by the bodies, organizations, institutions that accredited him, except in cases where decisions have been made to hold a closed event. A journalist may be deprived of accreditation if he or the editorial office violates the rules of accreditation or disseminates untrue information discrediting the honor and dignity of the organization that accredited the journalist, which is confirmed by a court decision that has entered into force.

Accreditation of own correspondents of media editorial offices is carried out in accordance with the requirements of this article.

46. DUTIES OF A JOURNALIST

The journalist must:

▪ comply with the charter of the editorial office with which he has an employment relationship;

▪ check the accuracy of the information provided to him;

▪ satisfy the requests of persons who provided information for an indication of its source, as well as for authorization of the quoted statement, if it is announced for the first time;

▪ maintain the confidentiality of information and (or) its source;

▪ obtain consent (except when it is necessary to protect public interests) to disseminate information about the personal life of a citizen in the media from the citizen himself or his legal representatives;

▪ when receiving information from citizens and officials, inform them about audio and video recording, filming and photography;

▪ notify the editor-in-chief of possible claims and other requirements provided for by law in connection with the dissemination of a message or material prepared by him;

▪ refuse the assignment given to him by the editor-in-chief or editorial staff if it or its implementation involves a violation of the law;

▪ present upon request, when carrying out professional activities, an editorial ID or other document proving the identity and authority of the journalist. The journalist also bears other responsibilities established by the legislation of the Russian Federation on the media.

In carrying out professional activities, a journalist is obliged to respect the rights, legitimate interests, honor and dignity of citizens and organizations.

The state guarantees the journalist in connection with the exercise of his professional activities, the protection of his honor, dignity, health, life and property as a person performing a public duty.

Distribution of messages and materials prepared using hidden audio and video recording, filming and photography is allowed if:

▪ it does not violate the constitutional rights and freedoms of man and citizen;

▪ this is necessary to protect public interests and measures have been taken against possible identification of unauthorized persons;

▪ demonstration of the recording is carried out by court decision.

Not allowed to use the rights of a journalist established by this Law for the purpose of concealing or falsifying publicly significant information, spreading rumors under the guise of reliable reports, collecting information in favor of an outside person or organization that is not a mass media.

It is forbidden to use the right of a journalist to disseminate information in order to discredit a citizen or certain categories of citizens solely on the grounds of gender, age, race or nationality, language, attitude to religion, profession, place of residence and work, as well as in connection with their political convictions.

Professional status of a journalist, established by the Law “On the Mass Media”, applies to:

▪ for full-time editorial staff involved in editing, creating, collecting or preparing messages and materials for large-circulation newspapers and other media, the products of which are distributed exclusively within one enterprise (association), organization, institution;

▪ on authors who are not connected with the editorial office of the mass media through labor or other contractual relations, but who are recognized by it as their freelance authors or correspondents when they carry out assignments from the editorial office.

47. INTERSTATE COOPERATION IN THE FIELD OF MASS MEDIA

Interstate cooperation in the field of mass information is carried out on the basis of agreements concluded by the Russian Federation.

Editorial offices, professional associations of journalists participate in international cooperation in the field of mass media on the basis of agreements with citizens and legal entities of other states, as well as international organizations.

Citizens of the Russian Federation are guaranteed unhindered access to messages and materials from foreign mass media.

Restriction of reception of programs of direct television broadcasting is allowed only in cases provided for by interstate agreements concluded by the Russian Federation.

To distribute the products of a foreign periodical, i.e. not registered in the Russian Federation and having a permanent residence of the founder or editorial office outside its borders, as well as financed by foreign states, legal entities or citizens, it is necessary to obtain permission from the Ministry of the Russian Federation for Press, Television and Radio Broadcasting means of mass communications, if the distribution procedure is not established by an interstate agreement concluded by the Russian Federation.

Representative Offices foreign mass media in the Russian Federation are created with the permission of the Ministry of Foreign Affairs of the Russian Federation, unless otherwise provided by an interstate agreement concluded by the Russian Federation.

Foreign representative offices of mass media registered in the Russian Federation are created in accordance with the procedure established by the legislative acts of the Russian Federation and the host country, unless otherwise provided by an interstate agreement concluded by the Russian Federation.

Accreditation of foreign correspondents in the Russian Federation is carried out by the Ministry of Foreign Affairs of the Russian Federation.

Foreign correspondents who are not accredited in the Russian Federation in accordance with the established procedure enjoy the rights and bear obligations as representatives of a foreign legal entity.

From mandatory accreditation for the implementation of professional activities in the Russian Federation, the following are exempted:

▪ foreign correspondents previously accredited in the USSR or in the sovereign states that were part of it;

▪ correspondents of mass media previously registered by state bodies of the USSR or sovereign states that were part of it.

Correspondents accredited in the Russian Federation, regardless of their citizenship, are covered by the professional status of a journalist, established by the Law of the Russian Federation "On Mass Media". The Government of the Russian Federation may impose retaliatory restrictions on media correspondents of those states in which there are special restrictions on the professional activities of mass media journalists registered in the Russian Federation.

Foreign correspondents of mass media registered in the Russian Federation, regardless of their citizenship, have the rights and obligations of a journalist in accordance with the legislation of the Russian Federation on mass media, if this does not contradict the legislation of the host country.

48. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION ON MASS MEDIA

Founders, editorial offices, publishers, distributors, state bodies, organizations, institutions, enterprises and public associations, officials, journalists, authors of disseminated messages and materials bear responsibility for violations of the legislation of the Russian Federation about the media.

The editorial office, editor-in-chief, journalist are not responsible for the dissemination of information that does not correspond to reality and discredits the honor and dignity of citizens and organizations, or infringes on the rights and legitimate interests of citizens, or constitutes an abuse of freedom of the mass media and (or) the rights of a journalist in the event that if this information:

▪ are present in mandatory messages;

▪ received from news agencies;

▪ contained in the response to a request for information or in the materials of the press services of government bodies, organizations, institutions, enterprises, public associations;

▪ are a verbatim reproduction of fragments of speeches by people’s deputies at congresses, sessions, sessions, conferences, plenums of public associations, as well as official speeches of officials of government bodies, organizations and public associations;

▪ contained in works of authorship broadcast without prior recording, or in texts that are not subject to editing in accordance with the Law “On the Mass Media”;

▪ are a verbatim reproduction of messages and materials or their fragments disseminated by another media outlet, which can be identified and held accountable for this violation of the legislation of the Russian Federation on the media. Infringement of freedom of mass information, i.e. obstruction in any form by citizens, officials of state bodies and organizations, public associations of the legitimate activities of the founders, editorial boards, publishers and distributors of mass media products, as well as journalists, entails criminal charges , administrative, disciplinary or other liability in accordance with the legislation of the Russian Federation.

Offenses in this area include:

▪ interference in the activities and violation of the professional independence of the editorial board;

▪ illegal termination or suspension of the activities of a mass media outlet;

▪ violation of the editor’s right to request and receive information; illegal seizure, as well as destruction of the circulation or part thereof;

▪ forcing a journalist to disseminate or refuse to disseminate information;

▪ establishing restrictions on contacts with a journalist and the transfer of information to him, with the exception of information constituting a state, commercial or other secret specially protected by law;

▪ violation of a journalist’s rights established by law.

The discovery of bodies, organizations, institutions or positions whose tasks or functions include the implementation of censorship of the mass media, entails the immediate termination of their funding and liquidation in the manner prescribed by the legislation of the Russian Federation.

49. ABUSE OF FREEDOM OF MASS MEDIA

Abuse of freedom of the media entails criminal, administrative, disciplinary or other liability in accordance with the legislation of the Russian Federation.

Abuse of the rights of a journalist or failure to comply with the duties of a journalist entails criminal or disciplinary liability in accordance with the legislation of the Russian Federation.

Violation of the legislation of the Russian Federation on mass media entails criminal, administrative, disciplinary or other liability in accordance with the legislation of the Russian Federation.

Such violations include:

▪ establishing a mass media outlet through a dummy, obtaining a registration certificate or broadcasting license by fraud, hidden assignment of a license, evading payment of a registration fee or illegally receiving benefits established for specialized media;

▪ illegal production of mass media products without registering it or after a decision to terminate or suspend its activities, evading re-registration, as well as presenting during registration requirements not provided for by the Law “On the Mass Media”;

▪ obstructing the legally carried out distribution of mass media products, establishing illegal restrictions on the retail sale of a printed periodical;

▪ illegal distribution of mass media products without registration or after a decision to terminate or suspend its activities or without permission to publish (broadcast), illegal commercial distribution, broadcasting without a license or in violation of license conditions.

▪ violation of the rules for distributing mandatory messages, advertising, erotic publications and programs;

▪ violation of the procedure for announcing output data, submitting legal deposits, storing materials from television and radio broadcasts;

▪ creation of artificial interference that interferes with the reliable reception of radio and television programs. The following actions can be appealed to the court:

▪ refusal to register a mass media outlet, violation by the registering authority of the procedure and deadlines for registration, other unlawful actions of the registering authority;

▪ decision of the television and radio broadcasting commission to cancel the broadcasting license:

▪ refusal and delay in providing the requested information or non-compliance by officials, employees of the press services of government bodies, organizations, institutions, enterprises, bodies of public associations with the requirements of Art. 40 of the said Law;

▪ refusal of accreditation, deprivation of accreditation, as well as violation of the rights of an accredited journalist. If the court finds the appealed decision or action (inaction) unlawful, it makes a decision on the validity of the complaint, the obligation to eliminate the violation and compensate for losses, including lost income incurred by the founder, editorial board, and license holder.

Moral (non-property) harm caused to a citizen as a result of the dissemination by the mass media of information that does not correspond to reality, discrediting the honor and dignity of a citizen or causing him other non-property harm, is compensated by a court decision by the mass media, as well as guilty officials and citizens in the amount determined court.

50. INTERNATIONAL MANAGEMENT USING INFORMATION TECHNOLOGIES

The main normative act regulating the relations arising between the consumer of information and its producer when handling documented information is Federal Law "On information, informatization and information protection". Chapter 3 of this Law, “Use of Information Resources,” is devoted to regulating relations regarding the provision of information from information resources.

They have equal rights to access state information resources and are not required to justify to their owner the need to obtain the information they request (with the exception of restricted access information).

Are installed basic principles of ensuring the right to access to information of state authorities and local self-government (producers of documented information):

▪ presumption of accessibility and openness of information;

▪ reliability and completeness of information;

▪ timely provision of information;

▪ protection of the right to access information, including in court;

▪ compliance with the rights and legitimate interests of third parties when providing information.

51. PROTECTION OF RIGHTS TO COMMERCIAL SECRET

Liability for violation of trade secret rights. Violation of rights to a trade secret entails disciplinary, administrative, civil, and criminal liability in accordance with the legislation of the Russian Federation.

A person who, due to labor relations with the owner of a trade secret - an employer, has become aware of a trade secret, in the event of intentional or careless disclosure of trade secrets in the absence of corpus delicti in the actions of such a person, shall bear disciplinary or civil liability in accordance with the legislation of the Russian Federation.

State authorities, other state bodies and local self-government bodies shall bear civil liability to the owner of a commercial secret for the disclosure or misuse of a commercial secret by officials of such bodies who became aware of it in connection with the performance of their official duties.

A person who used a trade secret and did not have sufficient grounds to consider the use of this information illegal, including those who gained access to it as a result of an accident or mistake, cannot be held liable. At the request of the owner of a commercial secret, such a person is obliged to take measures to protect the commercial secret. If such a person refuses to assume the obligation of non-disclosure of commercial secrets, the owner of the commercial secret has the right to demand protection of his rights in court.

A person who provided another person with a commercial secret and misled him about the legality of his actions is held liable in accordance with the legislation of the Russian Federation.

Failure to comply with the legal requirements of officials of state authorities, other state bodies or local governments for access to commercial secrets, as well as obstruction of the exercise by these officials of their official duties, entails administrative liability in accordance with the legislation of the Russian Federation.

Protection of rights to trade secrets. Disputes about violation of the rights to commercial secrets are considered by the court, arbitration court or arbitration court.

The owner of a trade secret independently determines the ways to protect his rights to a trade secret and has the right to demand:

▪ recognition of the owner’s rights to a trade secret;

▪ suppression of actions that violate the trade secret regime or create a threat of its violation;

▪ compensation for losses caused by disclosure or misuse of trade secrets;

▪ payment of compensation in the amount of 50 to 50 thousand minimum wages established by federal law, at the discretion of the court if it is impossible to determine the amount of damages due to a violation of rights to a trade secret;

▪ concluding a license agreement or an agreement on the transfer of know-how, subject to the conditions specified by law, and in the event of actual use of the know-how by a third party in their own interests;

▪ adopting other measures provided for by law and ensuring the protection of his rights to trade secrets.

Unless otherwise established by an agreement between the owner and the confidant of a trade secret, the confidant independently determines the ways to protect the rights to a trade secret transferred to him by the owner of a trade secret under such an agreement.

52. LEGAL REGIME OF INFORMATION SYSTEMS, INFORMATION TECHNOLOGIES AND THEIR MEANS

The main sources of legal regulation of relations in the field of creation and application of automated information systems, information technologies of communication and telecommunications are Federal Law "On Information, Informatization and Information Protection" (Chapter 4 "Informatization. Information systems, technologies and means of their support"), the Civil Code of the Russian Federation, as well as the Law of the Russian Federation "On Certification of Products and Services", Federal Laws "On Communications", "On Federal Courier Communications", "On postal service".

Information systems, technologies and means of their support may be the property of individuals and legal entities, the state.

The owner of the information system, technology and means of their support is recognized as an individual or legal entity at whose expense these objects are produced, acquired or received by way of inheritance, donation or in any other legal way.

Information systems, technologies and means of their support are included in the property of the entity exercising the rights of the owner or possessor of these objects. Information systems, technologies and means of their support act as goods (products) subject to the exclusive rights of their developers.

The owner of the information system, technology and means of their support determines the conditions for the use of these products.

The right of authorship and the right of ownership to information systems, technologies and means of their support may belong to different persons.

The owner of the information system, technology and means of their support is obliged to protect the rights of their author in accordance with the legislation of the Russian Federation.

Information systems, databases and data banks intended for information services for citizens and organizations are subject to certification in the manner prescribed by the Law of the Russian Federation "On Certification of Products and Services".

Information systems of state authorities of the Russian Federation, and state authorities of the constituent entities of the Russian Federation, and other state bodies, organizations that process documented information with limited access, as well as the means of protecting these systems, are subject to mandatory certification. The procedure for certification is determined by the legislation of the Russian Federation.

Organizations performing work in the field of design, production of information security tools and processing of personal data receive licenses for this type of activity. The procedure for licensing is determined by the legislation of the Russian Federation.

The interests of the consumer of information when using imported products in information systems are protected by the customs authorities of the Russian Federation on the basis of an international certification system. Issues of certification in the information sphere are determined by the norms of the Law of the Russian Federation "On Certification of Products and Services".

Federal Law No. 25-FZ of September 1998, 158 "On Licensing Certain Types of Activities" establishes a list of types of activities for which licenses are required, in particular: activities for the distribution of encryption tools, maintenance of encryption tools; provision of services in the field of information encryption.

53. ORDER OF DEVELOPMENT AND IMPLEMENTATION OF INFORMATION SYSTEMS, TECHNOLOGIES AND MAINTENANCE

Relationships arising during the development and implementation of information systems, technologies and means of supporting them, are regulated by the norms of the Civil Code of the Russian Federation (Chapter 38 “Performing research, development and technological work”). Work related to the creation and commissioning of automated information systems, technologies and means of supporting them, including carrying out research work, design work for the creation of such objects, is carried out under the terms of a contract for the performance of scientific research work, development work and technological work (Article 769 of the Civil Code).

Under the contract for the performance of scientific research work, the contractor undertakes to conduct scientific research stipulated by the customer's terms of reference, and under the contract for the performance of experimental design and technological work - to develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept the work and pay her.

The contractor is obliged to conduct scientific research personally. He has the right to involve third parties in the execution of the contract for the performance of scientific research work only with the consent of the customer.

When performing experimental design or technological work, the contractor has the right, unless otherwise provided by the contract, to involve third parties in its execution. The rules on the general contractor and subcontractor apply to the contractor's relations with third parties.

The parties are obliged to ensure the confidentiality of information relating to the subject of the contract, the progress of its execution and the results obtained. The volume of information recognized as confidential is determined in the contract.

Each of the parties undertakes to publish information received during the performance of work, recognized as confidential, only with the consent of the other party.

The parties in contracts for the performance of research, development and technological work have the right to use the results of work, including those capable of legal protection, within the limits and on the terms provided for by the contract.

Executor in contracts for the performance of research, development and technological work must:

▪ perform work in accordance with the technical specifications agreed with the customer and transfer the results to the customer within the period stipulated by the contract;

▪ agree with the customer on the need to use protected results of intellectual activity owned by third parties and acquire rights to use them;

▪ on his own and at his own expense, eliminate deficiencies in the work performed due to his fault, which may lead to deviations from the technical and economic parameters provided for in the technical specifications or in the contract;

▪ immediately inform the customer about the detected inability to obtain the expected results or about the inappropriateness of continuing the work;

▪ guarantee to the customer the transfer of results obtained under the contract that do not violate the exclusive rights of other persons.

Customer in contracts for the performance of scientific research, development and technological work is obliged to:

▪ transmit to the contractor the information necessary to complete the work;

▪ accept the results of the work performed and pay for them.

54. STATE POLICY IN THE FIELD OF CREATING INFORMATION SYSTEMS, INFORMATION TECHNOLOGIES AND MEANS OF THEIR PROVISION

The Federal Law "On Information, Informatization and Protection of Information" defines the state policy in the field of creation and application automated information systems, means of communication and telecommunications:

▪ creation and development of federal and regional information systems and networks, ensuring their compatibility and interaction in the unified information space of the Russian Federation;

▪ assisting the formation of a market for information resources, services, information systems, technologies, and means of supporting them;

▪ ensuring national security in the field of informatization, as well as ensuring the implementation of the rights of citizens and organizations in the context of informatization;

▪ formation and implementation of a unified scientific, technical and industrial policy in the field of informatization, taking into account the current world level of information technology development;

▪ support for informatization projects and programs;

▪ creation and improvement of a system for attracting investments and a mechanism for stimulating the development and implementation of informatization projects;

▪ development of legislation in this area.

All types of production of information systems and networks, technologies and means of their support constitute a special branch of economic activity, the development of which is determined by the state scientific, technical and industrial policy of informatization.

State and non-state organizations, as well as citizens, have equal rights to the development and production of information systems, technologies and means of their support.

The state creates conditions for conducting research and development work in the field of development and production of information systems, technologies and means of their support.

The Government of the Russian Federation determines the priority areas for the development of informatization and establishes the procedure for their financing. The development and operation of federal information systems are financed from the federal budget under the item of expenditure "Informatics" ("Information support").

The state statistics bodies, together with the Ministry of the Russian Federation for Communications and Informatization, establish the rules for accounting and monitoring the state of the branch of economic activity, the development of which is determined by the state scientific, technical and industrial policy of informatization.

Federal Law No. 15-FZ of August 1996, 115 "On the Budget Classification of the Russian Federation" (Appendix No. 3 to this Law), within the framework of fundamental research and the promotion of scientific and technological progress, issues of financing such areas as computer science (information support); development of promising technologies and priority areas of scientific and technological progress; transport, road economy, communication and informatics.

In addition, the Civil Code of the Russian Federation regulates relations arising from the conclusion of state contracts for the performance of contract work for state needs, including the development of state automated information systems. The rules of Art. 763-768 GK.

55. PERSONAL DATA

In the world and in Europe relations related to the handling of personal data, have been regulated for a long time. The relevance and timeliness of the adoption of laws regulating relations in the field of personal data protection is confirmed by foreign experience.

The Council of Europe adopted on 28 January 1981 in Strasbourg the "Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data", which entered into force on 1 October 1985.

Purpose of the Convention - guarantee in the territory of each country to every individual, regardless of his nationality and place of residence, the observance of his rights and fundamental freedoms, and especially his right to privacy in the aspect of automated processing of personal data.

The Convention provides the following definitions:

▪ personal data - any information relating to an individual identified or who can be identified (“information subject”);

▪ special categories of data - personal data reflecting racial origin, political opinions, religious beliefs or other principles, as well as those related to health or sexual life;

▪ automated data processing implies operations performed using automated processes: recording data, applying logical and (or) arithmetic operations to this data, identifying, retrieving or distributing them;

▪ automated file cabinet - any set of information that is the object of automated processing; owner of the file is a natural or legal person, public authority, service or other body that is competent, in accordance with national legislation, to decide the ultimate purpose of the file, which categories of personal data should be recorded and what operations should be carried out.

Special categories of data are subject to automatic processing only if domestic law provides adequate safeguards. The same applies to personal data related to a criminal conviction.

In accordance with the provisions of this Convention, any person should be able to:

▪ find out about the existence of an automated file cabinet of personal data, its purpose, as well as the identity, location and principle of appointment of the owner of the file cabinet;

▪ receive at the appropriate time, after any period of time and without special costs, confirmation of the presence or absence of personal data relating to him in the automated file cabinet, and also receive this data in the proper form;

▪ demand, if necessary, correction or erasure of data if it has been processed in violation of the provisions of domestic law and the principles of this Convention;

▪ contact the next authority if no response has been received to the request for confirmation, issue, correction, etc.

The Institute of Personal Data in Russia is just being formed. The activation of its formation is facilitated by the Internet, in which personal data is subject to protection.

The main goal of this institution should be considered the protection of the legitimate rights and freedoms of man and citizen.

56. SUBJECTS AND OBJECTS OF INFORMATION LEGAL RELATIONS

As the subjects of information legal relations of the institute of personal data are:

▪ personal data subject (subject) - the person to whom the relevant personal data relates;

▪ holder (owner) of an array of personal data (holder (holder) - federal government bodies, government bodies of the constituent entities of the Federation, local governments, as well as legal entities determined by the Government of the Russian Federation, working with arrays of personal data on a legal basis; ^ recipient personal data (recipient) - a legal entity, state authority or local government to which personal data is disclosed (arrays are transferred).

К objects of information legal relations relate:

▪ personal information (personal data) - information recorded on a tangible medium about a specific person, in particular by reference to an identification number or to one or more factors specific to his physical, psychological, mental, economic, cultural or social identity;

▪ list of personal data - a list of categories of data about one subject collected by the holder (owner) of an array of personal data;

▪ an array of personal data - an ordered and organized collection of personal data of an indefinite number of personal data subjects.

The following concepts are introduced:

▪ personal data confidentiality regime - statutory rules defining restrictions on access, transfer and conditions for storing personal data;

▪ collection of personal data - a documented procedure for legally obtaining personal data by the holder (owner) of an array of personal data from the subjects of this data or from other sources in accordance with current legislation;

▪ consent of the personal data subject - a freely given specific and conscious indication of his will, including written confirmation, by which the data subject notifies of his consent to work with his personal data;

▪ transfer of personal data - provision of personal data by their holder (possessor) to third parties in accordance with federal legislation and international treaties;

▪ cross-border transfer of personal data - transfer of personal data by its holder (possessor) to other holders under the jurisdiction of other states;

▪ updating personal data - making changes to personal data in the manner prescribed by current legislation;

▪ blocking of personal data - temporary cessation of the transfer, clarification, use and destruction of personal data;

▪ destruction (erasure or destruction) of personal data - actions of the holder (possessor) of personal data to bring this data to a state that does not allow their content to be restored;

▪ depersonalization of personal data - removal from personal data of that part of it that allows them to be identified with a specific person.

57. STATE REGULATION OF WORK WITH PERSONAL DATA

Forms of state regulation of work with personal data The state regulates the work with personal data in the following forms:

▪ Licensing of work with personal data;

▪ accounting and registration of personal data arrays and their holders (owners);

▪ certification of information systems and information technologies intended for processing personal data;

▪ conclusion of interstate agreements and agreements between federal government bodies, government bodies of the constituent entities of the Federation, local governments with foreign organizations on the cross-border transfer of personal data.

Licensing of work with personal data

1. A license to work with personal data is issued in accordance with the procedure established by the legislation of the Russian Federation.

The license specifies: the purposes of collecting and using personal data, the modes and terms of their storage; categories or groups of personal data subjects; list of personal data; sources of personal data collection; the procedure for informing subjects about the collection and possible transfer of their personal data; measures to ensure the safety and confidentiality of personal data; the person directly responsible for handling personal data; requirements for the availability of certificates for information systems, information technologies intended for the processing of personal data, means of protecting information systems, information technologies and personal data.

2. Information products containing personal data, as well as information provided to the subject of personal data, must contain an indication (link) to the license issued.

The Commissioner for the Rights of Personal Data Subjects stores information about the holders (owners) of personal data arrays who have received a license,

License revocation

The license is subject to revocation by the authorized body that issued the license in the following cases:

▪ violation of license terms;

▪ submission by the holder (possessor) of an array of personal data of an application to terminate the licensed activity;

▪ liquidation and reorganization in accordance with the procedure established by current legislation of a legal entity - the holder of an array of personal data;

▪ on the recommendation of the certification body for information systems, information technologies intended for processing personal data; By the tribunal's decision.

Registration of arrays and holders (owners) of personal data

Arrays of personal data and holders (owners) of these arrays are subject to mandatory registration with the authorized state authority for personal data. Upon registration, the following is recorded:

▪ name of the personal data array;

▪ name and details of the holder (owner) of the personal data array who works with the personal data array (address, form of ownership, subordination, telephone, surname, first name, patronymic of the manager, email, fax, server address in the telecommunications network);

▪ purposes and methods of collecting and using personal data, modes and periods of their storage;

▪ list of personal data collected; categories or groups of personal data subjects.

58. COMMISSIONER FOR THE RIGHTS OF PERSONAL DATA SUBJECTS

Commissioner for the Rights of Personal Data Subjects implements state guarantees of the rights of the subject to protect the rights of the individual in the field of personal data in accordance with the generally recognized principles and norms of international law, international treaties, laws of the Russian Federation.

A citizen of the Russian Federation no younger than 35 years of age, who has the necessary qualifications and experience in the field of information technology and jurisprudence, may be appointed as a Commissioner.

The Commissioner is appointed to the post by decree of the President of the Russian Federation. The Commissioner is appointed for a period of 5 years.

The authorized person acts within the established competence and is not entitled to make decisions that fall within the competence of the holders (possessors) of personal data arrays.

The Commissioner considers conflict situations between the holder (owner) and the subject of personal data using conciliation procedures.

The authorized person performs: registration of requests from personal data subjects to him;

▪ investigation into violations of the procedure for working with personal data based on requests from subjects, as well as based on the analysis of other sources of information;

▪ informing government authorities and the public about the state of affairs in the field of personal data protection;

▪ submitting proposals to the Commissioner for Human Rights in the Russian Federation on the development and improvement of the regulatory framework governing work with personal data;

▪ registration of arrays and holders (possessors) of personal data - federal government bodies, government bodies of the constituent entities of the Federation, local governments, as well as legal entities and individuals working with personal data under a license;

▪ annual publication in the media with a circulation of at least 100 thousand copies of the United Register of holders (owners) of personal data of the Russian Federation, including holders (owners) working with personal data under a license;

▪ informing the Government of the Russian Federation through the Commissioner for Human Rights in the Russian Federation about the facts of working with personal data outside the competence of federal government bodies, government bodies of the constituent entities of the Federation, local governments, about duplication in the collection of personal data.

Service of the Commissioner for the Rights of Personal Data Subjects.

The activities of the Commissioner are carried out with the help of the working apparatus - the Service of the Commissioner for the Rights of Personal Data Subjects.

As part of the Service of the Commissioner for the Rights of Personal Data Subjects, there is a Scientific Center for registering arrays of personal data and applications (complaints) of personal data subjects.

The Scientific Center for Registration of Personal Data carries out: registration of arrays of personal data and their holders (owners); receiving and registering applications of personal data subjects; preparation and publication of registers of arrays of personal data and holders (owners) of arrays; controls the completeness of registration of arrays of personal data; prepares and submits information to the authorized person for decision-making in accordance with the established competence.

59. LEGAL STATUS OF THE AUTHORIZED

The authorized person has the right:

▪ freely gain access to personal data arrays;

▪ request and receive from the holder (possessor) of the personal data array any necessary information, documents and materials;

▪ conduct independently or jointly with competent authorities and officials an inspection of the activities of holders (possessors) of personal data arrays, regarding which the authorized person has information about violations of the rights of the subject;

▪ make proposals to revoke the license to work with personal data;

▪ remove or establish a confidentiality regime for personal data;

▪ block personal data. The authorized person is obliged:

▪ notify the applicant of the results of consideration of his application;

▪ accept and send to the holder (possessor) of the personal data array, in whose actions he sees a violation of the rights of the subject, his decision or recommendations regarding possible and necessary measures to restore the violated rights;

▪ file a claim in court to protect the rights of the subject violated by the actions or decisions of the holder (possessor) of the personal data array;

▪ submit to the competent authorities submissions to initiate disciplinary, administrative or criminal proceedings against officials whose actions involve violations of the rights of personal data subjects;

▪ based on the results of the work, submit an annual report to the President of the Russian Federation, the Federal Assembly of the Russian Federation and the Chairman of the Government of the Russian Federation on the state of protection of the rights of personal data subjects in the Russian Federation.

The Commissioner is not entitled to engage in public political activities, be a member of a political party or movement, or engage in any paid activity, except for teaching, scientific or creative work. The Commissioner may not be a member of the Federal Assembly of the Russian Federation or any other body of representative power during the entire term of office.

The authorized person is not entitled to disclose information about the private life of the subject and other persons that became known to him in the course of proceedings without their consent.

The decision of the Commissioner, adopted on the basis of the results of the proceedings, may be appealed to the Commissioner for Human Rights in the Russian Federation.

The Commissioner is appointed to the post by decree of the President of the Russian Federation.

The Commissioner is appointed for a period of 5 years.

One and the same person may not be appointed to the position of authorized representative for more than two consecutive terms.

The Commissioner may be prematurely dismissed from office by decree of the President of the Russian Federation in the following cases:

▪ termination of citizenship of the Russian Federation;

▪ inability for health reasons or other reasons to perform their duties;

▪ the entry into force of a court conviction against the commissioner;

▪ personal statement of resignation.

In case of early dismissal of the authorized person from office, the appointment of a new authorized person must take place within 3 months.

60. LEGAL REGULATION OF RELATIONS IN THE FIELD OF COMMUNICATIONS AND TELECOMMUNICATIONS

Information legal relations in the field of communications are regulated by the Federal Law of February 16, 1995 No. 15-FZ "On Communications".

Communication is an integral part of the industrial and social infrastructure of the Russian Federation and functions on its territory as an interconnected production and economic complex designed to meet the needs of citizens, public authorities (administration), defense, security, law enforcement in the Russian Federation, individuals and legal entities in electric and postal communication services (communication services are a product of activities for the reception, processing, transmission and delivery of postal items or telecommunication messages).

Communication facilities, together with computer technology, constitute the technical basis for ensuring the process of collecting, processing, accumulating and disseminating information.

The development and provision of sustainable and high-quality communications are the most important conditions for the development of society and the activities of the state in the information sphere.

Public communication network is designed to provide communication services to all individuals and legal entities on the territory of the Russian Federation and includes all telecommunication networks under the jurisdiction of the Russian Federation, except for dedicated and departmental communication networks, regardless of their ownership and form of ownership. Responsibility for the functioning and development of the public communications network rests with the federal executive authorities in the field of communications.

Departmental communication networks are created and function to meet the production and special needs of federal executive bodies, are under their jurisdiction and are operated by them. Departmental communication networks can also be used to provide communication services to the population and other communication users.

Dedicated communication networks on the territory of the Russian Federation can be created by any individuals and legal entities, including foreign investors with a recognized legal status. Licensing requirements apply to the provision of communication services by operators of dedicated communication networks. Operator - an individual or legal entity entitled to provide electrical or postal services.

Government connection provided by specially authorized bodies determined by the President of the Russian Federation. These bodies provide state authorities of the Russian Federation and organizations with special types of communication, carrying out, within the limits of their powers, the safety of state secrets. The rights and obligations of the said communication bodies are determined by the legislation of the Russian Federation.

Communication for the needs of defense, security and law enforcement in the Russian Federation is provided by the communications authorities of the relevant federal executive authorities. They are granted the right, without prejudice to their main activities, to use the networks and means of communication under their jurisdiction to transmit or receive messages from communication users for commercial purposes.

Postal service, which is under the jurisdiction of the Russian Federation, is a unified technological network of institutions and vehicles that provide reception, processing, transportation and delivery of postal items, transfer of funds, as well as organizing on a contractual basis forwarding, delivery and distribution of periodicals, delivery of pensions, benefits and other targeted payments.

61. STATE ADMINISTRATION IN THE FIELD OF COMMUNICATIONS

Management of activities in the field of communications is carried out in accordance with the Federal Law "On Communications" by the federal executive authorities in the field of communications, united in a single system. These bodies, within their powers, are responsible for the state and development of all types of communications.

Tasks of federal executive authorities in the field of communications are:

▪ development of proposals for state policy in the field of communications and ensuring its implementation, general regulation and other communications;

▪ intersectoral coordination on a collegial basis of the functioning and development of telecommunications;

▪ organization and provision of state supervision and control over activities in the field of communications;

▪ development of draft development programs in the field of postal services and ensuring their implementation.

Regulation of the use of the radio frequency spectrum and orbital positions of communication satellites is the exclusive right of the state.

Communication means, including those used for the purposes of television and radio broadcasting, and other technical means that are sources of electromagnetic radiation, are subject to registration.

The activities of individuals and legal entities related to the provision of communication services are carried out on the basis of a license.

Certification of communication facilities in the Russian Federation is carried out by the federal executive authority in the field of communications with the help of authorized testing centers (laboratories) duly accredited by the federal executive authorities in the field of standardization, metrology and certification.

On the territory of the Russian Federation, communications enterprises are created and operate on the basis of the unity of the economic space, the diversity of forms of ownership and in a competitive environment.

Networks and means of communication in the Russian Federation may be in federal ownership, the property of the constituent entities of the Russian Federation, municipal property, as well as the property of individuals and legal entities acting as communication operators, including foreign organizations and foreign citizens.

The federal executive authorities in the field of communications, acting jointly with the federal executive authorities in the field of antimonopoly policy and support of new economic structures, are obliged to encourage and support fair competition in the provision of communications services through the application of regulatory documents and the fulfillment of licensing conditions in accordance with the legislation of the Russian Federation.

Telecommunications operators bear liability established by the legislation of the Russian Federation for abuse of their position or any other actions that prevent or restrict competition.

Tariffs for communication services are set on a contractual basis.

In cases stipulated by the legislation of the Russian Federation, for certain types of communication services provided by communication enterprises, tariffs may be regulated by the state.

Emergency operational services (fire protection, police, ambulance, emergency gas service, mountain rescue service, etc.) are called free of charge by all individuals and legal entities.

Interconnection charges are set on the basis of contracts, terms and conditions agreed between the respective communications undertakings. Disputes on these issues are considered in court or arbitration court.

62. CONSTITUTIONAL RIGHT TO COMMUNICATION

Communication facilities, facilities, radio frequency spectrum and orbital positions of communication satellites are under state protection.

All communication users on the territory of the Russian Federation on equal terms have the right to transmit messages via electric and postal networks. No communication user on the territory of the Russian Federation may be denied access to public communication network services.

Users and telecom operators have the right to connect their communication networks and terminal equipment to the public communication network in compliance with the connection conditions established by the Government of the Russian Federation, which are issued by the relevant telecom operators or specified in the license.

Owners of networks and means of communication must give absolute priority to all messages relating to the safety of human life at sea, land, in the air, outer space, urgent measures in the field of defense, security and law enforcement in the Russian Federation, as well as reports of major accidents, disasters, epidemics, epizootics and natural disasters.

Secrecy of correspondence, telephone conversations, postal items; telegraph and other messages transmitted over electric and postal networks is protected by the Constitution of the Russian Federation.

All telecom operators are required to ensure that communication secrecy is respected.

Information about postal items and messages transmitted over telecommunication networks, as well as these items and messages themselves, can only be issued to senders and addressees or their legal representatives.

Interception of telephone conversations, familiarization with telecommunication messages, delay, inspection and seizure of postal items and documentary correspondence, obtaining information about them, as well as other restrictions on the secrecy of communications are allowed only on the basis of a court decision.

Officials and other persons, communications workers who violate these provisions are held liable in the manner prescribed by the legislation of the Russian Federation.

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, as well as individuals and legal entities that have committed violations of the Federal Law "On Communications", other federal laws, as well as other legal acts adopted in the course of their activities in the field of communications in the Russian Federation, are liable in the manner prescribed by the legislation of the Russian Federation.

Telecom operators are liable for the loss, damage to valuable postal items, shortage of postal items in the amount of the declared value.

Individuals and legal entities that have allowed damage to means, communication facilities, unauthorized connection to networks and communication facilities, violation of the procedure for the manufacture, acquisition, import, use and registration of radio electronic equipment and high-frequency devices, the use of frequencies for the operation of radio-electronic equipment for all purposes and high-frequency devices, and also creating abnormal interference to television and radio reception, are liable in the manner prescribed by the legislation of the Russian Federation, including reimbursement of possible costs for the elimination of damage and compensation for lost profits to communications enterprises.

63. COPYRIGHT AND RELATED RIGHTS

The Law of the Russian Federation "On Copyright and Related Rights" regulates information relations arising in connection with the creation and use (distribution) of such information objects as works of science, literature and art (copyright), phonograms, performances, staging, transmission of broadcasting or cable broadcasting (related rights).

The main subjects of information legal relations are the author of the work (producer or creator of information on information law) and the user of exclusive rights or non-exclusive rights (holder of information on the terminology of information law). Unfortunately, the institution of copyright leaves out of its attention the consumer of information or the final recipient of information contained in works.

К objects of information legal relations in the system of copyright (object of copyright) includes works of science, literature and art, which are the result of creative activity, regardless of the purpose and dignity of the work, from the way it is expressed. Recall that from the point of view of information law, these are information objects.

▪ written (manuscript, typewritten, musical notation, etc.). Such objects have dual unity of information (its content) and carrier;

▪ oral (public utterance, public performance, etc.). These objects have only content that is not recorded on a material, solid medium;

▪ sound or video recording (mechanical, magnetic, digital, optical, etc.). There is a combination of content and information carrier;

▪ images (drawing, sketch, painting, plan, drawing, film, television, video or photograph, etc.).

Property rights to know-how can be transferred by their owner in whole or in part to another person either as a separate object of civil law under a know-how transfer agreement, or as part of a set of exclusive rights under a license agreement, an agreement on the sale of an enterprise as a property complex, commercial concession agreement, etc.

An agreement concluded in writing must indicate the procedure for the transfer of know-how, the obligations of the parties to establish and comply with the trade secret regime, the scope and methods of using know-how, the procedure for payment and the amount of remuneration, the duration of the agreement, as well as other essential conditions agreement.

Property rights to know-how belonging to an individual are inherited in accordance with the procedure established by federal law.

The transfer of property rights may be carried out on the basis of an author's agreement on the transfer of exclusive rights or on the basis of an author's agreement on the transfer of non-exclusive rights. The right to prohibit the use of a work by other persons may be exercised by the author of the work if the person to whom the exclusive rights have been transferred fails to protect this right.

64. AUTHOR'S AGREEMENT

Copyright agreement is the main document on the basis of which the transfer of the right to use objects of copyright is carried out.

In this way, the author transfers the right to distribute his work, which becomes available to a wide range of people.

Objects of copyright и at the same time information law are the following works, which also apply to information objects:

▪ Literary works (including computer programs);

▪ dramatic and musical-dramatic works, screenplays;

▪ choreographic works and pantomimes;

▪ musical works with or without text;

▪ audiovisual works (films, television and video films, slide films, filmstrips and other film and television works);

▪ works of painting, sculpture, graphics, design, graphic stories, comics and other works of fine art;

▪ works of decorative, applied and scenographic art;

▪ works of architecture, urban planning and horticultural art;

▪ photographic works and works made in methods similar to photography;

▪ geographical, geological and other maps, plastic works related to geography and other sciences. other works.

The copyright agreement on the transfer of exclusive rights allows the use of the work in a certain way and within the limits established by the agreement only to the person to whom these rights are transferred, gives such person the right to prohibit such use of the work by other persons. Such a person from the standpoint of information law is the owner of the information (or the owner of the content).

The right to prohibit the use of a work by other persons may be exercised by the author of the work if the person to whom the exclusive rights have been transferred fails to protect this right.

The copyright agreement on the transfer of non-exclusive rights allows the user (the owner - in the terminology of information law) to use the work on an equal footing with the owner of exclusive rights who transferred such rights, and (or) other persons who have received permission to use this work in the same way.

Rights transferred under an author's agreement are considered non-exclusive, unless otherwise expressly provided in the agreement.

Copyright agreement should provide:

▪ methods of using the work (specific rights transferred under this agreement);

▪ the period and territory to which the right is transferred;

▪ the amount of remuneration and (or) the procedure for determining the amount of remuneration for each method of using the work, the procedure and timing of its payment;

▪ other conditions that the parties consider essential for this agreement.

The party that has not fulfilled or improperly fulfilled its obligations under the author's agreement is obliged to compensate for the losses caused to the other party, including lost profits. If the author has not submitted a commissioned work in accordance with the terms of the commission agreement, he is obliged to compensate for the actual damage caused to the customer. For violation of copyright and related rights, civil, criminal and administrative liability occurs in accordance with the legislation of the Russian Federation.

65. STATE SUPPORT OF MASS MEDIA

State actions aimed at supporting the media, are largely regulated by the provisions of the Federal Law of December 1, 1995 No. 191-FZ “On state support of the media and book publishing of the Russian Federation.” In order to ease the financial condition of the media, the state introduces a number of benefits. Turnovers on the sale of media products, book products related to education, science and culture, as well as editorial, publishing and printing activities for the production of book products related to education, science and culture, newspaper and magazine products are exempt from value added tax .

Services on transportation, loading, unloading, reloading of periodicals and books related to education, science and culture are exempt from value added tax.

Income received by editorial offices of mass media, publishing houses, news agencies, television and radio broadcasting companies, organizations for the distribution of periodicals and books, broadcasting centers from the production and distribution of media products and books related to education, science and culture is not subject to taxation. in the part credited to the federal budget.

Profit received by printing enterprises and organizations from the provision of services for the production of book products related to education, science and culture, media products, to the extent credited to the federal budget, is not subject to taxation.

Profits received by editorial offices of the mass media, publishing houses, news agencies, television and radio broadcasting companies and organizations for the distribution of periodicals and books and directed by them to finance capital investments in their main profile are not subject to taxation. The non-taxable share of profit directed for these purposes is not limited.

Periodicals and books related to education, science and culture, imported into the customs territory of the Russian Federation and exported from this territory by editorial offices of mass media and publishing houses, are exempt from customs duties and fees associated with import and export.

Paper, printing materials and printing media, audio and video information, technological and engineering equipment imported into the customs territory of the Russian Federation by media editorial offices, publishing houses, news agencies, television and radio broadcasting companies, printing enterprises and organizations and used by them for the production of mass media products and book products related to education, science and culture are exempt from customs duties.

The editorial offices of the mass media, publishing houses, information agencies, television and radio broadcasting companies use the services of postal, telegraph and telephone organizations at the rates provided for budgetary organizations.

66. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF COMMUNICATIONS AND INFORMATION

Administrative violations in the field of information and communication include the following.

1. Unauthorized installation or operation of a wire broadcasting unit.

Installation or operation without special permission of a wire broadcasting hub, regardless of its capacity - entails the imposition of an administrative fine on citizens in the amount of 5 to 10 minimum wages with or without confiscation of the wire broadcasting hub; for officials - from 10 to 20 minimum wages with or without confiscation of the wire broadcasting center; for legal entities - from 100 to 200 minimum wages with or without confiscation of the wire broadcasting center.

The subjects of an administrative offense may be citizens, as well as officials and legal entities. Guilt in committing this offense can be both intentional and negligent.

2. Unauthorized connection of terminal equipment to the electrical communication network.

Connection without a special permit to the electrical communication network of terminal equipment - entails a warning or the imposition of an administrative fine on citizens in the amount of 3 to 5 minimum wages with or without confiscation of the terminal equipment; for officials - from 5 to 10 minimum wages with or without confiscation of terminal equipment; for legal entities - from 50 to 100 minimum wages with or without confiscation of terminal equipment.

3. Unauthorized design, construction, manufacture, acquisition, installation or operation of radio-electronic means and (or) high-frequency devices. Design, construction, manufacture, purchase, installation or operation of radio-electronic means and (or) high-frequency devices without a special permit (license), if such permit (such license) is obligatory (mandatory), - entails the imposition of an administrative fine on citizens in the amount of 5 to 10 minimum wages with or without confiscation of radio-electronic means and (or) high-frequency devices; for officials - from 10 to 20 minimum wages with or without confiscation of radio-electronic means and (or) high-frequency devices; for legal entities - from 100 to 200 minimum wages with or without confiscation of radio-electronic means and (or) high-frequency devices.

Radio-electronic means in are understood as technical means consisting of one or more radio transmitting or receiving devices or from a combination of them and auxiliary equipment and designed to transmit or receive radio waves.

High-frequency devices are understood as equipment or devices intended for the generation and local use of radio-frequency energy for industrial, scientific, medical, domestic and other purposes, with the exception of applications in the field of electrical communications.

The use of radio-electronic equipment and (or) high-frequency devices intended for individual reception of television and radio broadcasting programs, as well as for the use of consumer electronics products that do not contain radio-emitting devices, does not entail administrative liability.

67. LEGAL REGULATION OF INFORMATION RELATIONS IN THE PRODUCTION AND DISTRIBUTION OF INTEGRATED MICROCIRCUIT TOPOLOGIES

Law of the Russian Federation "On the legal protection of topologies of integrated circuits" regulates relations connected with the creation, legal protection and use of topologies.

The topology of an integrated circuit (hereinafter referred to as topology) is a spatial-geometric arrangement of a set of elements of an integrated circuit and the connections between them fixed on a material carrier. An integrated microcircuit (IC) is a microelectronic product of a final or intermediate form, designed to perform the function of an electronic circuit, the elements and connections of which are inseparably formed in the volume and (or) on the surface of the material on the basis of which the product is made.

Legal protection extends only to the original topology. The topology created as a result of the author's creative activity is original. The topology is considered original until proven otherwise.

The legal protection granted by this Law does not extend to ideas, methods, systems, technology or coded information that can be embodied in a topology.

The author of a topology is a natural person, as a result of whose creative activity this topology was created. If the topology is created jointly by several individuals, each of these individuals is recognized as the author of such a topology.

Individuals who have not made a personal creative contribution to the creation of the topology, but who provided the author with only technical, organizational or material assistance, or contributed to the registration of the right to use the topology, are not recognized as the authors of the topology.

The violation of the exclusive right to use the topology is the commission of the following actions without the permission of the author or other copyright holder: ^ copying the topology as a whole or part of it by including it in the IC or otherwise, with the exception of copying only that part of it that is not original; ^ application, import, offer for sale, sale and other introduction to the economic circulation of the topology or IC with this topology. Property rights to the topology can be transferred in whole or in part to other individuals or legal entities under an agreement.

Property rights to a topology created in the course of performance of official duties or on the instructions of the employer belong to the employer, unless otherwise provided by the contract between him and the author.

The author of the topology or other copyright holder may, at his own request, directly or through his representative, register the topology with the Russian Agency for the Legal Protection of Computer Programs, Databases and Topologies of Integrated Circuits.

The exclusive right to use the topology is valid for 10 years.

For the protection of their rights, the author or other right holder may apply in accordance with the established procedure to a court, arbitration or arbitration court. The court or arbitration court may decide to confiscate illegally manufactured copies of ICs and products, including such ICs, as well as materials and equipment used for their manufacture, and to destroy them or transfer them to the income of the republican budget of the Russian Federation or to the plaintiff at his request in damages account.

The author or other copyright holder may request legal protection of the topology in foreign countries.

68. SUBJECTS AND OBJECTS OF INFORMATION LEGAL RELATIONS IN THE FIELD OF STATE SECRETS

The main objects of information legal relations in the field of state secrets are information constituting a state secret, carriers of state secrets, means and methods of protecting state secrets, and a secrecy stamp.

Subjects of legal relations in the field of state secrets

1. Chambers of the Federal Assembly:

▪ carry out legislative regulation of relations in the field of state secrets;

▪ define the powers of officials in the apparatus of the chambers of the Federal Assembly to ensure the protection of state secrets in the chambers of the Federal Assembly.

2. President of the Russian Federation:

▪ approves state programs in the field of protection of state secrets;

▪ approves, upon the recommendation of the Government of the Russian Federation, the List of officials of public authorities vested with the authority to classify information as state secrets, as well as the List of information classified as state secrets;

▪ concludes international treaties of the Russian Federation on the joint use and protection of information constituting state secrets.

3. Government of the Russian Federation:

▪ organizes the implementation of the Law of the Russian Federation “On State Secrets”;

▪ establishes the procedure for developing the List of information classified as state secrets;

▪ establishes the amount and procedure for providing benefits to citizens admitted to state secrets on a permanent basis and to employees of structural units for the protection of state secrets;

▪ establishes the procedure for determining the amount of damage resulting from the unauthorized dissemination of information constituting a state secret, as well as damage caused to the owner of the information as a result of its classification;

▪ concludes intergovernmental agreements, takes measures to implement international treaties of the Russian Federation on the joint use and protection of information constituting state secrets, makes decisions on the possibility of transferring their media to other states.

4. Public authorities of the Russian Federation, public authorities of the subjects of the Federation and local governments in cooperation with the authorities for the protection of state secrets located within the respective territories:

▪ ensure the protection of information constituting a state secret transferred to them by other government bodies, enterprises, institutions and organizations, as well as information classified by them;

▪ ensure the protection of state secrets at enterprises, institutions and organizations under their jurisdiction in accordance with the requirements of the legislation of the Russian Federation;

▪ implement measures provided for by law to limit the rights of citizens and provide benefits to persons who have or have had access to information constituting state secrets.

5. Judicial authorities:

▪ consider criminal and civil cases of violations of the legislation of the Russian Federation on state secrets;

▪ provide judicial protection for citizens, government bodies, enterprises, institutions and organizations in connection with their activities to protect state secrets;

▪ ensure protection of state secrets during the consideration of these cases.

69. CLASSIFICATION OF INFORMATION AS A STATE SECRET AND THEIR CLASSIFICATION

Classification of information as a state secret and their classification is carried out in accordance with the principles of legality, validity and timeliness.

The legitimacy of classifying information as a state secret and its classification is understood as the compliance of the classified information with the requirements of the legislation of the Russian Federation on state secrets.

The validity of classifying information as a state secret lies in establishing, through an expert assessment, the appropriateness of their classification, as well as the likely economic and other consequences of classification based on the balance of the vital interests of the state, society and citizens. The timeliness of classifying information as a state secret consists in establishing restrictions on the dissemination of this information from the moment it is received (developed) or in advance.

Degree of secrecy information constituting a state secret must correspond to the severity of the damage that may be inflicted on the security of the Russian Federation as a result of the dissemination of such information. Three degrees of secrecy of information constituting a state secret are established, and for each of them - the secrecy stamps set on their carriers: "of special importance", "top secret" and "secret".

The use of the listed secrets to classify information that is not classified as a state secret is not allowed.

Attribution of information to state secrets is carried out in accordance with their industry, departmental or program-target affiliation. The justification for the need to classify information as a state secret is assigned to the state authorities, enterprises, institutions and organizations that received (developed) this information.

This List indicates the state authorities vested with the authority to dispose of this information. The specified List is approved by the President of the Russian Federation, is subject to open publication and is revised as necessary.

State authorities, whose leaders are empowered to classify information as state secrets, develop detailed lists of information to be classified, and establish the degree of their secrecy. The lists are approved by the relevant heads of state authorities.

The basis for classifying information received (developed) as a result of the activities of state authorities, enterprises, institutions and organizations is their compliance with the lists of information that are subject to classification in these bodies, enterprises, institutions and organizations. When this information is classified, its carriers are assigned an appropriate secrecy stamp.

The carriers of information constituting a state secret shall be affixed with details that include the following data:

▪ about the degree of secrecy of the information contained in the medium;

▪ about the government body, enterprise, institution, organization that carried out the classification of the carrier;

▪ about the registration number;

▪ about the date or condition of declassification of information or about the event after the occurrence of which the information will be declassified.

70. PROTECTION OF STATE SECRET

К bodies protecting state secrets relate:

▪ Interdepartmental Commission for the Protection of State Secrets;

▪ Federal executive authorities (Federal Security Service of the Russian Federation, Ministry of Defense of the Russian Federation, Federal Agency for Government Communications and Information under the President of the Russian Federation), Foreign Intelligence Service of the Russian Federation, State Technical Commission under the President of the Russian Federation and their local bodies;

▪ public authorities, enterprises, institutions and organizations and their structural divisions for the protection of state secrets. The Interdepartmental Commission for the Protection of State Secrets is a collegial body that coordinates the activities of government bodies to protect state secrets in the interests of developing and implementing state programs, normative and methodological documents ensuring the implementation of the legislation of the Russian Federation on state secrets.

State authorities, enterprises, institutions and organizations ensure the protection of information constituting a state secret in accordance with the tasks assigned to them and within their competence. Responsibility for organizing the protection of information constituting a state secret in state authorities, enterprises, institutions and organizations rests with their heads.

The admission of officials and citizens of the Russian Federation to state secrets is carried out on a voluntary basis.

The admission provides for those who make such a decision:

▪ undertaking obligations to the state to not disseminate information entrusted to them that constitutes a state secret;

▪ written consent for inspection activities to be carried out in relation to them by the authorized bodies;

▪ determination of the types, amounts and procedure for providing benefits;

▪ familiarization with the norms of the legislation of the Russian Federation on state secrets, which provide for liability for its violation.

When deciding on the issue of access to state secrets, verification measures are carried out. The scope of verification activities depends on the degree of secrecy of information to which the person being registered will be allowed.

For officials and citizens admitted to state secrets on a permanent basis, benefits are established:

▪ percentage increases in wages depending on the degree of confidentiality of the information to which they have access;

▪ priority right, other things being equal, to remain at work during regular activities.

For employees of structural divisions for the protection of state secrets, in addition to these benefits, a percentage bonus is established to wages for the length of service in these structural divisions.

Three forms of access to state secrets for officials and citizens are established, corresponding to three degrees of secrecy of information constituting a state secret: to information of particular importance, top secret or secret. The fact that officials and citizens have access to information of a higher degree of secrecy is the basis for their access to information of a lower degree of secrecy.

71. FEATURES OF INFORMATION LEGAL RELATIONSHIPS ON THE INTERNET

The ultimate goal of information dissemination is bringing content to the consumer.

Can highlight three groups of subjectsthat operate on the Internet.

The first group - those that create the software and hardware part of the Internet information infrastructure, including communications and telecommunications, ensure its operation, expansion and development. The main subjects of the first group are: developers of cross-border information networks, including their technical means (computers), means of communication and telecommunications, software tools of various levels and purposes, and other equipment that makes up the infrastructure of the Internet.

The second group - entities producing and distributing information on the Internet, providing services for connecting to the Internet (as if "generators" of information, information products and services). The subjects of the second group include specialists who produce initial information, form information resources (fill in the databases that are part of the Internet with information) and provide information from these resources to consumers or provide consumers with the opportunity to connect to the Internet and use its capabilities on their own.

The third group is consumers of information from the Internet, i.e. all the many subjects that connect to the Internet to obtain the information they need and use it in their own activities.

The main objects about which information relations arise on the Internet are:

▪ software and hardware systems, information systems, information and telecommunication technologies as a means of forming information infrastructure, means of communication and telecommunications that ensure the implementation of information processes;

▪ information, information resources, information products, information services;

▪ domain names;

▪ information rights and freedoms;

▪ interests of the individual, society, and state in the information sphere;

▪ information integrity and information sovereignty of the state;

▪ information security.

Information objects on the Internet have the distinguishing feature that they are usually presented in a virtual form. In this regard, the legal relations that arise regarding them differ significantly from those that apply to information objects on material, hard media. The most typical example here is a domain name provided for naming a site (a storage area on the Internet for storing information and information resources) and indicating the address of this site on the Internet.

A domain name is a special information object that has both content and form, based on the principle of dual unity of information and its carrier. The use of domain names in the virtual space of the Internet raises many questions before the law.

Thus, it can consist of any set of letters, numbers, signs, and other ways of designating an address.

In general, the structure of information legal relations in the virtual environment of the information sphere is similar to their structure in the material environment. However, their features are determined by the features of the presentation and circulation of information on the Internet.

72. SCOPE OF EXERCISE OF THE RIGHT TO SEARCH, RECEIVE AND CONSUMPTION OF INFORMATION ON THE INTERNET

Main actors here are the consumers of information and services, entering into information relations with information providers or providing hosting services (for placing information resources in computer memory).

They are divided into the following types:

▪ information consumers searching and obtaining information on the Internet;

▪ consumers of hosting services (for placing information on the Internet on servers);

•consumers of information mail services.

Consumers of information and Internet services enter into public relations with entities in other areas of the information sphere, which include information producers, i.e. entities operating in the production of source and derivative information, as well as in the formation of information resources, the provision of information products and information services.

Subjects - producers of information resources, information products of information services on the Internet perform the following actions (in the order of exercising rights or fulfilling obligations):

▪ develop and post their information on the network (producers, including authors of information, information products and services). Placing information on the network should be considered as an offer for distribution, in fact, as a function of distributing this information over the network;

▪ provide access to information resources to an unlimited number of persons (or, if access to information is paid or limited, to a strictly defined circle of persons).

▪ producers of Internet connection and operation services, including the provision of hosting and email services (providers). They operate in the field of information technologies and means of their support as producers of these objects or persons renting them. These entities provide services for connecting users to the Internet, provide an email address and storage space for email letters, as well as services for receiving and transmitting received messages;

▪ producers of Internet navigation services - subjects of the field of information technology and means of supporting them - owners and holders of information search systems. Social relations that arise between the consumer of information, on the one hand, and the producer of information and services, on the other, are most often regulated by traditional rules of civil law or public law.

The former are based on traditional contractual relations, the latter on relations of a constitutional or administrative nature (in the course of fulfilling the duties of state authorities and local self-government in the formation of information resources and the provision of information products and information services).

However, at the same time, the main difficulties in regulating relations are related to the protection of the content of information received by the consumer (copyright, probative ability of a document in electronic form, domain names, etc.).

An important group of public relations is associated with the protection of the consumer from harmful, dangerous, low-quality information and the protection of the rights and freedoms of everyone in the information sphere (for example, the protection of the honor and dignity of the individual). Here the consumer has the right to protection from the impact of such information.

73. MAIN DIRECTIONS OF LEGAL REGULATION OF INFORMATION RELATIONS ON THE INTERNET

Can highlight main directions of legal regulation of relations on the Internet:

▪ protection from harmful and illegal information;

▪ compliance with copyright and related rights;

▪ issues of electronic document management, domain names, legal regulation of relations when using an electronic digital signature;

▪ issues of cyber economics (electronic money, advertising, marketing, electronic publications, electronic contracts, information transfer tax, digital signature;

▪ information security;

▪ Internet offenses.

In the legal regulation of relations on the Internet, it is important maintaining balance:

▪ between freedom of speech and the interests of minors;

▪ freedom of access to information and information security of the individual, society, and state. Protection of state secrets, commercial secrets, and other types of secrets should not impose a ban on the dissemination and free access to information affecting the freedoms and rights of humans and citizens;

▪ freedom of production of information and restrictions on the production and dissemination of dangerous information and information that offends a person. Freedom is not permissiveness. Consumers have increasing access to online banking, directories and other services. Services can be paid for either traditional methods or electronically using “electronic money”. Electronic money systems are being developed by several companies. Electronic money itself is the equivalent of a bank deposit, either issued as an encrypted series of numbers to computer networks, or recorded on a card with a built-in microprocessor.

An important moment in the formation of the foundations of the information society at the international level should be considered the adoption in Okinawa of the Charter of the Global Information Society, which establishes the basic principles for the entry of the world community into such a society on the basis of a single information infrastructure, the basis of which is the Internet.

The main areas of legislation that are most closely related to relations arising on the Internet:

▪ legislation on the exercise of the right to search, receive and consume information (the right to access information or the right to know);

▪ legislation on intellectual property (legislation on copyright and related rights, patent legislation, legislation on know-how);

▪ legislation on media;

▪ legislation on documented information and information resources;

▪ legislation on restricted access information;

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

▪ legislation on liability for offenses in the information sphere. It is the norms of acts in these areas that can be considered for additions and changes to bring them into line with the peculiarities of the Internet environment.

In addition, the work on the formation of acts of international legislation is of paramount importance today, because it is at this level that it is necessary to regulate the main group of relations that arise in the virtual environment of the Internet, which has no geographical boundaries.

74. ATP "CONSULTANT PLUS"

In modern Russia, reference and legal systems occupy an important place. Not a single enterprise can exist without an accurate knowledge of the legal foundations of legislation, which fully represent systematized reference and legal systems. One of these systems is “Consultant Plus”.

For hundreds of thousands of Russian specialists, the brand "Consultant Plus" is inextricably linked with the concept of reliable information and legal support. Many Russian enterprises enter into agreements with representatives of this company to provide a set of legislation with the trade mark "Consultant Plus".

"Consultant Plus" software products cover all federal legislation and international law, archival legal acts and bills, contain reference and consulting information on accounting and taxation, legislative comments, standard forms of documents and much more. Information banks have been developed that include judicial acts of all 10 federal arbitration courts of districts of the Russian Federation, information banks on regional legislation contain legal acts of 82 constituent entities of the Russian Federation.

All information is presented in the form unified information array, which has a clear structure. Documents are included in information banks, which form the following sections:

▪ “Legislation”;

▪ "Judicial practice";

▪ "Financial advice";

▪ “Legislative Comments”;

▪ “Document forms”;

▪ “Bills”;

▪ “International legal acts”;

▪ “Legal acts on healthcare.”

Consultant Plus is the first Russian legal system certified by Microsoft for compatibility with Windows NT, Windows 95, Windows 98, Windows 2000 and Windows XP. One of the reasons Consultant Plus systems are used by both experienced and novice users is the ease and simplicity of operation. The "Consultant Plus" system provides wide and convenient opportunities for searching, analyzing and applying legal information.

The system "Consultant Plus" implemented all modern facilities text navigation, which help you quickly navigate in the text, greatly facilitating the study of large documents. Such tools include, in particular, effective ways to search in the text for the necessary phrases, as well as fragments (articles) of the document related to a given topic.

The software technology "Consultant Plus" provides the user with many other convenient tools that visually represent the links of the document and all additional information obtained as a result of legal processing.

In addition, the "Consultant Plus" technology provides quick and convenient access to reference information and legislative news. The system contains information on tax rates, tax payment deadlines, inflation and consumer price indexes, an accountant's calendar, data on exchange rates, and much more.

Legislative news is quickly included in the "Consultant Plus" system, which allows the user to constantly be aware of the latest changes in the regulatory framework and learn about the release of new documents. Updating is possible in various forms (at the request of the customer company): with the help of an employee of the company "Consultant Plus" or via the Internet.

75. ATP "GARANT"

In modern Russia, reference and legal systems occupy an important place. The activities of hundreds of thousands of Russian enterprises today are inextricably linked with the use ofcomputer legal reference systems. For lawyers, accountants, managers, directors, they are as necessary a tool in everyday work as a text editor or web browser. One of these systems is “Garant”.

SPS "Garant" today includes more than 900 thousand normative acts of the federal and regional levels, as well as comments to them. The weekly replenishment of the database is about 4000 documents.

The main qualities and advantages of the SPS "Garant" over other reference legal systems presented on the Russian market are:

▪ a unified information data bank that allows you to obtain not only documents at the federal and regional level, but also analytical materials covering this problem;

▪ multi-stage legal processing of documents in the form of comments and links to cited regulations, which eliminates ambiguous interpretation of the material, makes it relevant and more understandable;

▪ a unique search by situation, with which you can find documents without knowing their details. The user formulates a problem, the system gives him the result;

▪ presence in the database in the form of separate blocks of materials from leading economic publications, books with comments on taxes and accounting, an electronic version of the Practical Encyclopedia of Accountants, legislation in the form of diagrams and information on tax court cases. The production and provision of legal information services under the Garant brand are at the highest level and in many respects surpass not only Russian, but also global analogues. Only in the reference legal system "Garant" today is it possible to make transitions in the legal space using the Time Machine, work with the texts of Russian regulatory documents in English, quickly understand the intricacies of legislation using visual diagrams, and take the kit with you to any meeting or business trip systems on the working disk.

"Garant" is a kind of reference point for other developers of reference legal systems. As the experience of past years shows, its unique capabilities are becoming standard for legal systems and sooner or later copied by competing companies. This is how progress moves: the desire of one to create the most convenient and perfect system makes others strive to keep up with the leader. These laws have been known for a long time, and the pioneering company understands its role well.

The Garant company has been operating in the Russian Federation for 15 years. Since the release of the first version of "Guarantor" a lot has changed both in the reference legal system itself and in the system of servicing its users. The data bank has increased - the number of documents has grown from one thousand to one and a half million, several versions of the system have been released, the latest of which - the Garant Platform F1 system - was released last fall, the popularity of the system has significantly expanded - it has been appreciated by almost 90 thousand users, which are located not only in all regions of Russia, but also in many countries near and far abroad.

76. LEGAL VALUE OF ELECTRONIC SIGNATURE

Digital signature - a digital representation of information about the sender of an electronic message, created using the private key of the signature, and allowing, when using the public key of the signature, to confirm the immutability and integrity of the electronic message.

Certificate of digital signature - a document containing information about the user of the private key, issued to him by the Certification Center.

Means of digital signature - a set of software and other tools that allow creating an electronic digital signature and verifying it.

Verification of a digital signature - the actions of the recipient of an electronic message, allowing, using the means of a digital signature, to confirm the immutability and integrity of an electronic message after it has been signed with a digital signature.

A digital signature is an analogue of a handwritten signature and is used to confirm the immutability and integrity of electronic messages, as well as to identify their senders.

An electronic message signed with a digital signature is recognized documented information (document) in the presence of all other details that allow it to be identified.

The Digital Signature Certificate is issued by the Certification Center to the user of the private key upon receipt from him of the public key and information to be included in the Certificate.

The validity period of the Digital Signature Certificate is determined by the agreement between the user of the private key and the Certification Authority and cannot be less than 3 years.

The Digital Signature Certificate issued outside the Russian Federation is equated to the Certificates issued in accordance with the law, provided that the legality of the activities of the organization that performs the functions of the Certification Authority and issued the Digital Signature Certificate is confirmed in accordance with the legislation of the country of its location, and the presence in the Certificate of the digital signature of the mandatory attributes provided for by law.

The exchange of electronic messages signed with digital signatures and expressing the content of a civil law transaction is recognized as the conclusion of an agreement in writing.

A person who has received an electronic message signed with an electronic signature has the right to apply to the Certification Authority to verify the digital signature, or independently carry out verification by receiving the public key from the sender of the message or the Certification Authority.

Persons, misusing digital signature of another person and other persons guilty of violating the legislation on the use of digital signatures bear civil, administrative and criminal liability in the manner prescribed by the legislation of the Russian Federation.

Disputes between persons participating in relations related to the use of an electronic digital signature are resolved in the manner prescribed by the legislation of the Russian Federation, taking into account the terms of contracts between such persons.

77. LEGAL REGULATION OF THE INFORMATION SPHERE ABROAD

The formation of information law is closely connected with the formation of the information society. The information society "blurs" state borders, thus the legal regulation of information relations has an international component.

USA are a pioneer in shaping the foundations for the practical implementation of the information infrastructure - the technological basis of the information society. It was here that the basis of the information society (Internet) was created.

In 1993, the US government released a report with plans for the development of a national information infrastructure. To study the problems associated with the construction of a national information infrastructure, a Working Group on the construction of information superhighway networks was created.

Information superhighway networks - a set of all technologies related to information (television, computer networks, satellite broadcasting, commercial online companies).

The special report recommended the main principles for the formation of the information society: encouragement of private investment; the concept of universal access; assistance in technological innovation; providing interactive access; protection of privacy, security and reliability of networks; improved RF spectrum management; protection of intellectual property rights; coordination of state efforts; providing access to state information.

In February 1996, the Law "On Telecommunications" was issued.

Europe. In 1995, the Council of Europe issues a resolution on a strategy for Europe's entry into the information society. Resolutions and documents of the Council of Europe are devoted to various aspects of the formation of the information society in European countries.

The European Commission in February 1995 established a Forum to discuss common problems in the development of the information society. The aim of the Forum is to trace the process of the formation of the information society in such areas as the impact on the economy and employment; creation of social and democratic values in the "virtual society"; impact on public, government services; education, retraining, training in the information society; the cultural dimension and the future of the media; sustainable development, technology and infrastructure.

In addition, each of the countries of Europe is obliged to have a program dedicated to the formation of national policies in order to build an information society.

Japan. In 1998, a program was adopted, the main provisions of which are:

▪ creation of the Internet network;

▪ introduction of information technologies in open networks;

▪ installation of cable network terminals in all schools;

▪ reorganization of the legislative system;

▪ development of e-commerce taking into account the American strategy of globalization of information infrastructure;

▪ development of global interaction standards. Thus, the problem of forming an information society in the modern world is expressed in the fact that further progress depends not only on advances in technology itself, but on how quickly the old legal norms that regulate traditionally different sectors - telecommunications, television - will adapt to new changes and other media.

78. INFORMATION SECURITY OF THE PERSON

Security - the state of protection of the vital interests of the individual, society and the state.

Information security of a person is a state and condition of a person's life, in which his rights and freedoms are realized.

Vital interests - a set of needs, the satisfaction of which ensures the existence and possibilities for the progressive development of the individual, society and the state.

The vital interests of the individual include: observance and implementation of constitutional rights to search, receive, produce and disseminate information; related to the realization of the right of citizens to privacy; use of information for the purposes of spiritual, physical, intellectual development; protection of intellectual property rights; ensuring the rights of a citizen to protect his health from harmful information unconscious to a person.

Security threat - a set of conditions and factors that create a danger to the vital interests of the individual, society and the state.

Threat to information security of a person:

1) adoption of normative acts that contradict the constitutional rights of citizens;

2) opposition to the exercise by citizens of the rights to privacy;

3) unlawful restriction of access to open information;

4) violation of the rights of citizens in the field of mass media;

5) illegal use of special means that affect the consciousness of a person;

6) manipulation of information. Consequently, ensuring security is the implementation of a unified state policy in this area and a system of measures of an economic, political, organizational and other nature, adequate to threats to the vital interests of the individual, society and the state, aimed at identifying and preventing threats.

The legal basis for protecting the interests of the individual is the information and legal norms of the Constitution of the Russian Federation. Thus, freedom of the media and the prohibition of censorship make it possible to create and disseminate reliable, timely, objective, that is, good-quality information, in which the dissemination of harmful and dangerous information should be excluded.

Propaganda or agitation that incite social, racial, national hatred and enmity is not allowed. Propaganda of social, racial, national, regional or linguistic superiority is prohibited. Concealment by officials of facts and circumstances that pose a threat to the life and health of people entails responsibility in accordance with federal law.

Thus, responsibility for the dissemination of poor-quality information, for violations of the procedure for the dissemination of information is provided for by the norms of the Criminal Code of the Russian Federation. The main articles of the Criminal Code of the Russian Federation:

▪ slander (Article 129);

▪ insult (Article 130);

▪ obstruction of the legitimate professional activities of journalists (Article 144);

▪ abuse during the issue of securities (Article 185);

▪ knowingly false report about an act of terrorism (Article 207);

▪ concealment of information about circumstances that pose a danger to the life or health of people (Article 237);

▪ illegal distribution of pornographic materials or objects (Article 242);

▪ public calls for extremist activities (Article 280);

▪ inciting hatred or enmity, as well as humiliation of human dignity (Article 282);

▪ public calls for the outbreak of an aggressive war (Article 354).

79. INFORMATION WAR. INFO WEAPON

Information war - actions designed to achieve information superiority, support the national military strategy, by influencing the information and information systems of the enemy while ensuring the security and protection of one's own information.

Features: the object of influence are all types of information and information systems; information can act both as a weapon and as an object of protection; the territory and production of warfare is carried out on an unlimited space; information warfare is waged both when war is declared and simply in crisis situations; conducted by both military and civilian structures.

The concept of information warfare: a forceful technical method - the suppression of elements of the public administration infrastructure; electronic warfare - electromagnetic impact; hacker war; formation and mass distribution through enemy information channels or global networks; obtaining international information by intercepting and processing open information.

Protection methods:

1) information on the Internet is subject to protection using cryptographic protection, i.e. digitization;

2) measures of an administrative and technical nature: the establishment of a blocker; access control; verification of the program provider.

Information weapon - a means of destroying, distorting or stealing information arrays, extracting the necessary information from them after overcoming protection systems.

Distinctive features of information weapons: stealth; scale; versatility.

Types: regular; highly intelligent (homing); radio frequency, masking interference; strong radiation; the impact of communication systems on computers; means of generating natural speech of a particular person.

An important property of information weapons is their striking property. This striking property of information weapons is directed at a person. Particularly dangerous is the impact that is carried out on the human brain, with the transformation of the matrix (memory) - artificial amnesia.

Such changes can be carried out by program tabs, for example, "25 frame".

Protection from such an invasion of human mental activity is carried out in the following ways:

▪ education;

▪ aesthetic filters;

▪ creation of public protection.

Using the results of research in the field of information security, the legislator and researchers in the field of information law acquire additional opportunities for improving the means and mechanisms for legal protection of information security in the information sphere. Thus, the quality and efficiency of legal regulation of relations in the information sphere are significantly improved.

Main directions protection of the information sphere:

1) protecting the interests of the individual, society, the state from the impact of harmful, dangerous, low-quality information;

2) protection of information, information resources and information systems from unlawful influence of unauthorized persons;

3) protection of information rights and freedoms. Legal mechanisms for protecting the vital interests of the individual, society, state should be developed in each of the areas of the information sphere.

80. ECONOMIC AND LEGAL ASPECTS OF LIBRARY BUSINESS

On the territory of the Russian Federation are created and operate libraries of various forms of ownership in the manner prescribed by the current legislation of the Russian Federation and the Federal Law "On Library Science".

The library is considered to be established and acquires the rights of a legal entity from the date of its registration in the manner prescribed by current legislation.

The founders of libraries can be the owners of property or individuals or legal entities authorized by them, as well as cultural bodies.

The library can be reorganized or liquidated by decision of its owner or founder, as well as in cases provided for by the legislation of the Russian Federation. When a library is liquidated, state authorities of all levels, local governments and libraries of the corresponding profile have the priority right to acquire its library fund.

Are forbidden denationalization, privatization of state municipal libraries, including the premises and buildings in which they are located.

An unlawful decision to liquidate state libraries may be appealed by citizens, public associations, or boards of trustees (readers') in court.

The library, on the basis of operational management rights, owns, uses and disposes of the property assigned to it within the limits established by the legislation of the Russian Federation.

State, municipal and other public libraries have the right to allocate land plots and industrial premises for free use in order to improve library services to the population.

The procedure for using the financial resources of the library is regulated by its charter.

In order to facilitate material support for the activities of libraries of all forms of ownership, state and non-state library development funds can be created. The source of their formation is contributions from the founders of these funds, proceeds from enterprises, institutions, organizations, charitable contributions from citizens and public associations, income from special lotteries, auctions and other commercial events.

Funds of these funds are used to finance programs for the development of librarianship, coordination and cooperation of libraries, to finance other activities in the manner prescribed by the charters of these funds, approved by their founders. Funds for library development can be used to stimulate the activities of any library, regardless of their form of ownership.

Labor relations of library workers are regulated by the labor legislation of the Russian Federation. Library staff are subject to periodic certification, the procedure for which is established by the Government of the Russian Federation.

In order to ensure the rational use of state information resources, libraries interact with scientific and technical information bodies, archives, other enterprises, institutions, and organizations that have information data banks at different levels. The procedure for interaction is determined by current legislation, federal government programs, as well as agreements concluded between these institutions and organizations.

81. ARCHIVES

The legal basis of this institution is the information and legal norms of the Constitution of the Russian Federation and the Federal Law "On Archiving in the Russian Federation".

Under archives refers to the activities of organizing the storage, accounting and use of archival documents. This institution regulates relations arising from the formation, organization of storage, accounting, use of archives and archival funds and their management in order to ensure the safety of archival documents and their full use in the interests of citizens, society and the state.

Archival Fund of the Russian Federation - a historically established and constantly growing collection of archival documents reflecting the material and spiritual life of society, having historical, scientific, social, economic, political and cultural significance, being an integral part of the historical and cultural heritage of the peoples of the Russian Federation, related to information resources and subject to permanent storage .

archival document - a material carrier with information recorded on it, which has details that allow it to be identified, and is subject to storage due to the significance of the indicated carrier and information for citizens, society and the state.

Archival fund - a set of archival documents, historically or logically related to each other.

Archive - an institution or structural unit of an organization that carries out storage, acquisition, accounting and use of archival documents.

secret archive - an archive that has not been publicly announced.

The Archival Fund of the Russian Federation includes archival funds and archival documents located on the territory of the Russian Federation, regardless of the source of their formation, type of media, place of storage and form of ownership. Documents belong to the composition of the Archival Fund of the Russian Federation on the basis of an examination of their value in the manner established by the Federal Archival Service of Russia.

The state part of the Archival Fund of the Russian Federation consists of archival funds and archival documents that are federal property, state property of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous regions, cities of Moscow and St. Petersburg and municipal property.

The non-state part of the Archival Fund of the Russian Federation consists of archival funds and archival documents owned by public associations and organizations, as well as since the separation of the church from the state - owned by religious associations and organizations operating on the territory of the Russian Federation, or in private ownership and representing historical, scientific, social, economic, political or cultural value.

as subjects information relations in the field of archiving are the state authorities of the Russian Federation, the executive authorities of the territories, regions, autonomous regions, autonomous districts, cities and regions, the archival management bodies formed by them, the Federal Archival Service of Russia and its system, its bodies and institutions, citizens , institutions, organizations and enterprises, public and religious associations and organizations - consumers of archival information.

82. ORDER OF ACCESS TO ARCHIVAL FOUNDATIONS AND USE OF ARCHIVAL DOCUMENTS

Documents of the state part of the Archival Fund of the Russian Federation and reference books to them are provided for use by all legal entities and individuals.

The use of an archive or archival document owned by public and religious associations and organizations or in private ownership is carried out only with the consent of the owner.

The procedure for using archival documents in state archives is determined by the Federal Archival Service of Russia.

How to use documents of the state part of the Archival Fund of the Russian Federation, which are temporarily stored in the central executive bodies of the Russian Federation, in state institutions, organizations and enterprises, are determined by them in agreement with the relevant bodies and institutions of the system of the Federal Archival Service of Russia.

When issuing copies of archival documents and reference books to the said documents to users for commercial purposes, the State Archives have the right to establish the conditions for their use (conclude license agreements). The procedure for concluding license agreements is established by the Government of the Russian Federation.

The use of documents of the state part of the Archival Fund of the Russian Federation, containing state or other secrets protected by law, is permitted after 30 years from the date of their creation, unless otherwise provided by law.

An increase in the specified period in relation to individual archival documents is established in the manner prescribed by the legislation of the Russian Federation, on the proposal of the Federal Archival Service of Russia.

The use of documents of the state part of the Archival Fund of the Russian Federation containing classified information is permitted by the bodies and institutions of the system of the Federal Archival Service of Russia together with the relevant central executive authorities of the Russian Federation, institutions, organizations and enterprises until the expiration of 30 years from the date of their creation as the secrecy of this information is lost.

Restrictions in use archival documents containing information about the personal life of citizens (about their health, family and intimate relationships, property status), as well as posing a threat to their life and home security, are established for a period of 75 years from the date of creation of documents, unless otherwise provided by law . Before this period, access to such documents may be allowed by the citizen himself, and after his death - by his heirs.

Citizens, institutions, organizations and enterprises, as well as public and religious associations and organizations have the right to receive certified copies of archival documents and extracts from archival documents stored in state archives or archives of institutions, organizations, enterprises, or independently make copies of these documents and make extracts from them, if this does not threaten the physical safety of the documents.

Users of archival documents are responsible for their use and preservation in the prescribed manner. Users of archival documents may appeal against decisions of archival management bodies and archival institutions on the use of archival documents to a superior archival management body in the order of subordination, and in case of disagreement with its decision - in court in accordance with the law.

83. PUBLICATION OF NORMATIVE LEGAL ACTS IN THE MEDIA

In accordance with the Federal Law "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly", only those federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly that officially published. The date of adoption of a federal law is the day of its adoption by the State Duma in its final version. The date of adoption of a federal constitutional law is the day when it is approved by the chambers of the Federal Assembly in the manner established by the Constitution of the Russian Federation.

Federal constitutional laws, federal laws are subject to official publication within 7 days after the date of their signing by the President of the Russian Federation.

Acts of the chambers of the Federal Assembly are published no later than 10 days after the date of their adoption.

International treaties ratified by the Federal Assembly are published simultaneously with federal laws on their ratification.

official publication of a federal constitutional law, a federal law, an act of a chamber of the Federal Assembly, the first publication of its full text in the Parlamentskaya Gazeta, Rossiyskaya Gazeta or the Collection of Legislation of the Russian Federation is considered.

Federal constitutional laws, federal laws are sent for official publication by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are sent for official publication by the chairman of the corresponding chamber or his deputy.

"Parliamentary newspaper" is the official periodical of the Federal Assembly.

Federal constitutional laws and federal laws are subject to obligatory publication in the Parliamentary Gazette.

Mandatory Publication Those acts of the chambers of the Federal Assembly on which there are decisions of the chamber that adopted these acts on their mandatory publication are subject to the "Parliamentary Newspaper".

Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly may be published in other print media, as well as communicated to the public (promulgated) on television and radio, sent to state bodies, officials, enterprises, institutions, organizations, transmitted through communication channels , distributed in machine-readable form.

Laws, acts of the chambers of the Federal Assembly and other documents may be published as a separate publication.

Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly shall enter into force simultaneously throughout the territory of the Russian Federation after 10 days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force.

"Collection of Legislation of the Russian Federation" is an official periodical publication that publishes federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, decisions of the Constitutional Court of the Russian Federation on the interpretation of the Constitution of the Russian Federation and on compliance with the Constitution RF laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation or certain provisions of the enumerated acts.

84. ADVERTISING

Federal Law "On Advertising" regulates relations arising in the process of production, placement and distribution of advertising in the markets for goods, works, services (hereinafter referred to as goods) of the Russian Federation, including the markets for banking insurance and other services related to the use of funds by citizens (individuals) and legal entities, and as well as the securities markets.

Objectives of the Law are protection against unfair competition in the field of advertising, prevention and suppression of inappropriate advertising that can mislead its consumers or harm the health of citizens, property of citizens or legal entities, the environment, or harm the honor, dignity or business reputation of these persons, as well as infringing on public interests, principles of humanity and morality.

Advertising - information disseminated in any form, by any means about an individual or legal entity, goods, ideas and undertakings, intended for an indefinite circle of persons and designed to generate or maintain interest in these individuals, legal entities, goods, ideas and undertakings and promote the sale of goods , ideas and initiatives.

Improper advertising is unfair, unreliable, unethical, knowingly false and other advertising, which violates the requirements for its content, time, place and method of distribution established by the legislation of the Russian Federation.

Counter-advertising - refutation of improper advertising, distributed in order to eliminate the consequences caused by it.

Advertising must be recognizable without special knowledge or without the use of technical means, precisely as advertising immediately at the time of its presentation, regardless of the form or the means of distribution used.

Advertising on the territory of the Russian Federation is distributed in Russian and, at the discretion of advertisers, additionally in the state languages of the republics and native languages of the peoples of the Russian Federation. This provision does not apply to radio broadcasting, television broadcasting and print publications carried out exclusively in the state languages of the republics, native languages of the peoples of the Russian Federation and foreign languages, as well as to registered trademarks (service marks).

The use of objects of exclusive rights (intellectual property) in advertising is allowed in the manner prescribed by the legislation of the Russian Federation.

Advertising should not incite citizens to violence, aggression, incite panic, and also incite dangerous actions that can harm the health of individuals or threaten their safety.

Advertising should not encourage actions that violate environmental laws.

Legal entities or citizens violating the legislation on advertising bear civil liability in accordance with the legislation of the Russian Federation.

Persons whose rights and interests have been violated as a result of improper advertising have the right to apply in accordance with the established procedure to the court, arbitration court with claims, including claims for damages, including lost profits (i.e. lost income), for damages, caused to health and property, compensation for non-pecuniary damage, as well as a public refutation of inappropriate advertising.

85. LEGAL REGIME OF ARCHIVES

Legal basis for archiving constitute the information and legal norms of the Constitution of the Russian Federation and the Federal Law "On Archives in the Russian Federation".

The right to create archives belongs to legal entities and individuals of the Russian Federation.

Not allowed the creation of secret archives from documents of the state part of the Archival Fund of the Russian Federation, as well as those containing documents included in the established manner in the category of especially valuable and unique, or the creation of secret archives affecting the rights and legitimate interests of citizens.

Federal property includes archival funds and archival documents of federal state archives and document storage centers, archival funds and archival documents formed and formed in the activities of federal government bodies, the Prosecutor General's Office of the Russian Federation, the Central Bank of the Russian Federation and other banks classified as federal property, and also institutions, organizations and enterprises classified as federal property, archival funds and archival documents received in the prescribed manner from public and religious associations and organizations, legal entities and individuals.

Transfer of ownership rights to other persons in archival funds and archival documents of federal state archives and documentation storage centers, as well as archival funds and archival documents formed and formed in the activities of federal government bodies, the Prosecutor General's Office of the Russian Federation, the Central Bank of the Russian Federation and other banks classified as federal property, is carried out in the manner prescribed by law.

Transfer of ownership to other persons on archival funds and archival documents located on the territories of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. Petersburg and which are federal property, with the exception of those specified in Part 1 of Art. . 8 Fundamentals of Legislation "On the Archival Fund of the Russian Federation and Archives" is carried out by the representative authorities of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. Petersburg in agreement with the Federal Archival Service of Russia.

Archival funds and archival documents related to the state part of the Archival Fund of the Russian Federation cannot be the object of sale or other transactions, except when the transfer of ownership of these funds and documents is carried out in accordance with Parts 1, 2 and 3 of Art. 8 of these Fundamentals, as well as on the basis of a court decision.

The right of the owner of the archive, regardless of the form of ownership, is protected by the legislation of the Russian Federation. Not a single archival document can be seized without the consent of the owner or the body or person authorized by him, except on the basis of a court decision.

Archives, archival funds and archival documents in illegal possession are transferred to their legal owners in accordance with the legislation of the Russian Federation and international agreements with the participation of the Russian Federation.

86. STATE MANAGEMENT OF ARCHIVES IN THE RUSSIAN FEDERATION

State administration of archives in the Russian Federation is carried out by the President of the Russian Federation, the Government of the Russian Federation, the governments of the republics within the Russian Federation, the executive authorities of the territories, regions, autonomous regions, autonomous districts, cities and regions through the archiving management bodies formed by them.

Archiving is entrusted to the central executive body of the Russian Federation in the field of archiving - the Federal Archival Service of Russia, its bodies and institutions.

The system of the Federal Archival Service of Russia includes:

▪ state archival authorities of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, cities, districts;

▪ archival institutions: federal state archives and documentation storage centers, central state archives and documentation storage centers of the republics within the Russian Federation, state archives and documentation storage centers of territories, regions, autonomous regions, autonomous districts, cities, districts;

▪ research institutions and other organizations and enterprises supporting its activities.

Financing and material and technical support of the bodies and institutions of the system of the Federal Archival Service of Russia are carried out at the expense of the republican budget of the Russian Federation, the republican budgets of the republics within the Russian Federation, the regional budgets of the territories, the regional budgets of the regions, the regional budget of the autonomous region, the district budgets of autonomous districts, the city budgets of cities and district budgets of districts, as well as at the expense of extrabudgetary funds.

State authorities, state institutions, organizations and enterprises provide the relevant state archives with buildings and premises that meet the established requirements for the safety of documents of the Archival Fund of the Russian Federation.

State care over non-state archives. At the request of the owners of non-state archives and archival documents classified as part of the Archival Fund of the Russian Federation, the state, through the bodies and institutions of the Federal Archival Service of Russia, assists in the preservation, acquisition and use of their archives.

Owners of non-state archives and archival documents classified as part of the Archival Fund of the Russian Federation have the right to transfer them by agreement for storage to state archives, the right to create them insurance copies, as well as on their restoration and use.

State control over compliance with the legislation on the Archival Fund of the Russian Federation and archives is carried out by representative authorities and the prosecutor's office.

Departmental control over compliance with the legislation on the Archival Fund of the Russian Federation and archives is carried out by executive authorities, as well as archival management bodies of the system of the Federal Archival Service of Russia.

Public and religious associations and organizations can contribute to solving the problems of developing and improving archiving, guided by the Fundamentals of Legislation "On the Archival Fund of the Russian Federation and Archives", the laws of the republics within the Russian Federation, other regulatory acts of the Russian Federation, republics of the Russian Federation, territories, regions, autonomous region, autonomous districts, cities of Moscow and St. Petersburg.

87. RESPONSIBILITIES OF THE STATE IN THE FIELD OF LIBRARY SERVICE

The basis of the state policy in the field of librarianship is the principle of creating conditions for the universal accessibility of information and cultural values collected and provided for use by libraries.

The state acts as a guarantor of the rights provided for by the Federal Law "On Librarianship" and does not interfere in the professional activities of libraries, with the exception of cases provided for by the legislation of the Russian Federation.

The state supports the development of librarianship through financing, carrying out appropriate tax, credit and pricing policies.

The Government of the Russian Federation is developing federal programs for the development of librarianship. Federal executive authorities organize the coordination of interregional and interdepartmental relations on library services, including for the purpose of informatization of society.

The state supports the development of library services for the least socially and economically protected strata and groups of the population (children, youth, the disabled, pensioners, refugees, the unemployed, residents of rural areas, residents of the Far North and equivalent areas).

Public authorities stimulate, through material support, libraries of non-state forms of ownership that organize free public service population.

The issues of the development of librarianship are taken into account in federal state programs in accordance with the Fundamentals of the Legislation of the Russian Federation on Culture.

Federal government bodies provide:

1) registration and control over compliance with a special regime for the storage and use of library collections classified as the cultural heritage of the peoples of the Russian Federation;

2) creation and financing of national and other federal libraries, management of these libraries;

3) determination of the principles of federal policy in the field of training and retraining of library personnel, employment, remuneration;

4) creation and financing of educational institutions of federal subordination, carrying out training and retraining of library personnel, management of these educational institutions;

5) promotion of scientific research and methodological support in the field of librarianship, as well as their financing;

6) establishment of state library standards and regulations, organization of a system of information support for librarianship;

7) organization of state statistical accounting of libraries.

State authorities of the constituent entities of the Russian Federation and local self-government bodies provide:

1) financing the acquisition and preservation of the funds of state and municipal libraries, respectively;

2) implementation of the rights of citizens to library services.

Federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments are not entitled to make decisions and take actions that entail a deterioration in the material and technical support of existing libraries that are on budget funding, their transfer to premises that do not meet the requirements of labor protection, storage of library funds and library services.

88. SPECIAL CONDITIONS FOR THE PRESERVATION AND USE OF THE CULTURAL PROPERTY OF THE PEOPLES OF THE RUSSIAN FEDERATION IN THE FIELD OF LIBRARY BUSINESS

Library funds, completed on the basis of the system of legal deposit of documents, as well as containing especially valuable and rare documents, are the cultural heritage of the peoples of the Russian Federation and can be declared monuments of history and culture in accordance with the legislation of the Russian Federation.

Library funds classified as monuments of history and culture are under a special regime of protection, storage and use in accordance with the legislation of the Russian Federation.

Libraries whose funds are registered as historical and cultural monuments may be liquidated by the library owners only with the permission of a specially authorized state body for the protection of historical and cultural monuments, with subsequent preservation and use of these funds.

Manuscript materials included in the collections of libraries are an integral part of the Archival Fund of the Russian Federation.

Libraries classified in accordance with the established procedure as the cultural heritage of the peoples of the Russian Federation are included in the list of cultural heritage of the peoples of the Russian Federation and are under a special regime of protection and use in accordance with the legislation of the Russian Federation.

National Libraries of the Russian Federation are the Russian State Library and the Russian National Library, which satisfy the universal information needs of society, organize library, bibliographic and scientific information activities in the interests of all the peoples of the Russian Federation, the development of domestic and world culture, science, and education.

National libraries of the Russian Federation perform the following main functions:

▪ form, store and provide library users with the most complete collection of domestic documents and scientifically significant foreign documents;

▪ organize and maintain bibliographic records;

▪ participate in bibliographic registration of the national press, are research institutions in library science, bibliography and bibliology, methodological, scientific, information and cultural centers of federal significance;

▪ participate in the development and implementation of federal policy in the field of librarianship. National libraries of the Russian Federation operate on the basis of the Federal Law “On Librarianship” and regulations on them approved by the Government of the Russian Federation.

National libraries of the Russian Federation are among the most valuable objects of the cultural heritage of the peoples of the Russian Federation and are exclusively federal property. Changing the form of ownership of these libraries, their liquidation or re-profiling is not allowed; the integrity and inalienability of their funds are guaranteed.

Buildings, structures and other property of national libraries are in their operational management; the land plots occupied by them - in their perpetual and gratuitous use.

The activities of the national libraries of the Russian Federation are carried out on the basis of coordination and cooperation.

In the republics of the Russian Federation, autonomous districts, autonomous regions, national libraries may be formed by the relevant state authorities. They act in accordance with the Federal Law "On Librarianship", federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it, laws and other regulatory legal acts of the subjects of the Federation.

89. LIBRARY

Librarianship - the branch of information, cultural, educational and educational activities, the tasks of which include the creation and development of a network of libraries, the formation and processing of their funds, the organization of library, information and reference and bibliographic services for library users, the training of library workers, scientific and methodological support for the development of libraries .

The institute of librarianship is one of the areas of legal regulation of relations in the information sphere in the field of ensuring the realization of the right of everyone to search, receive and transfer library information (the right to access information or the right to know), which is the most important human and citizen's right.

Library activities is the basis for the implementation of creative and other intellectual activity of a person.

The subjects of legal relations of librarianship are libraries, the state, a citizen, an enterprise, an institution and organizations, individuals and legal entities that supply documents for library acquisition and use the services of libraries.

Library - an information, cultural, educational institution that has an organized fund of replicated documents and provides them for temporary use to individuals and legal entities. A library can be an independent institution or a structural subdivision of an enterprise, institution, or organization.

A public library is a library that provides the opportunity to use its collections and services to legal entities, regardless of their organizational and legal forms and forms of ownership, and to citizens without restrictions on the level of education, specialty, or attitude to religion.

Libraries can be established by public authorities at all levels, local governments, legal entities and individuals.

In accordance with the order of establishment and forms of ownership, the following are distinguished main types of libraries:

▪ state libraries established by government bodies, including: federal libraries; libraries of the subjects of the Federation; libraries of ministries and other federal executive bodies;

▪ municipal libraries established by local governments;

▪ libraries of the Russian Academy of Sciences, other academies, research institutes, educational institutions;

▪ libraries of enterprises, institutions, organizations;

▪ libraries of public associations;

▪ private libraries;

▪ libraries established by foreign legal entities and individuals, as well as international organizations in accordance with international treaties of the Russian Federation.

The user of the library can be an individual or a legal entity.

The legislation of the Russian Federation on librarianship includes the Fundamentals of the legislation of the Russian Federation on culture, the Federal Law "On librarianship", federal laws adopted in accordance with it and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation in the region library business.

90. RIGHTS OF CITIZENS IN THE FIELD OF LIBRARY BUSINESS

The right to library services

Every citizen, regardless of gender, age, nationality, education, social status, political beliefs, attitude to religion, has the right to library services in the territory of the Russian Federation.

The right of citizens to library services is ensured by:

▪ creation of a state and municipal network of public libraries that provide basic types of library services free of charge;

▪ the variety of types of libraries, state protectionism in the creation of libraries by legal entities and individuals, regardless of their organizational and legal forms and forms of ownership, specialization and scale of activity. The rights of citizens in the field of library services take precedence over the rights in this area of the state and any of its structures, public associations, religious and other organizations.

The right to library activities

Any legal or natural person has the right to create a library on the territory of the Russian Federation in accordance with the legislation of the Russian Federation.

Citizens have the right to take part in the activities of boards of trustees, readers' councils or other associations of readers created in agreement with the heads of libraries or their founders.

Library workers have the right to create public associations to promote the development of library services, professional consolidation, and protection of their social and professional rights.

Citizens who own collections of documents, especially significant publications and collections classified as monuments of history and culture, have the right to support from the state to ensure their safety, provided that these collections are registered as monuments of history and culture in the relevant state authority.

Library user rights

All library users have the right to access libraries and the right to freely choose libraries according to their needs and interests.

The user of the library has the right to receive free information in any library about the availability of a specific document in the library collections.

Rights of special groups of library users

National minorities have the right to receive documents in their native language through the public library system.

The blind and visually impaired have the right to library services and to receive documents on special media in special state libraries and other public libraries.

Library users who cannot visit the library due to old age and physical disabilities have the right to receive documents from the collections of public libraries through correspondence or non-stationary forms of service, funded from the relevant budgets and federal programs.

Users of libraries for children and youth have the right to library services in public libraries, specialized state children's and youth libraries, as well as in libraries of educational institutions in accordance with their charters.

Author: Yakubenko N.O.

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Culturology. Lecture notes

▪ Dentistry. Lecture notes

▪ Introduction to pedagogical activity. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

Earth's composition differs from potentially habitable planets 26.09.2015

Scientists from the University of Porto (Portugal) said that the Earth is an exception among potentially habitable planets in our galaxy.

The researchers drew attention to the stars, the mass and radius of which are almost the same as the sun, and in their habitable zone there are planets where water is present in the form of a liquid. Iron and other metals in the composition of such stars turned out to be less than that of the luminaries, around which only uninhabited planets circulate.

As a result, scientists concluded that because the planets are similar in chemical composition to their stars, celestial bodies from the habitable zone usually contain less metals than in the bowels of the Earth or the Sun. As a rule, massive bodies with a gaseous envelope rotate around iron-rich stars.

Differences in chemical composition between the Earth and most planets in the habitable zone, the researchers explain the fact that the latter, most likely, much older. Iron and other heavy elements are formed in the explosions of luminaries and disperse through interstellar space.

When the Milky Way was younger, there were fewer such explosions, as well as iron in ancient habitable exoplanets. If the existence of inhabited planets is more characteristic of stars poor in metals, then at the present stage of the life of a galaxy they are formed much less frequently.

However, stars exist for a long time and ancient planets with favorable conditions for the emergence of life are still present. The Earth, however, is an exception among potentially habitable planets in our galaxy, radically different from them in its chemical composition.

Other interesting news:

▪ Insulated Gate Bipolar Transistor FGA25N120ANTD

▪ New control scheme for complex robotic systems

▪ Started serial production of phase memory

▪ light ink

▪ 1 Tbps or higher wireless data antenna

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Home workshop. Article selection

▪ Article Around treason, and cowardice, and deceit. Popular expression

▪ article What did a kiss mean in an ancient Roman marriage ceremony? Detailed answer

▪ article Roofer of rolled roofs and roofs made of artificial materials. Job description