No. 1 (2022)

Articles

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  Digital transformation of the Republic of Belarus: current status and prospects for the development of law This article discusses the issues of legal regulation of the digital transformation of the Republic of Belarus. The stages of building an information society are analyzed. The legal issues of regulation of the social sphere are considered: e-health, e-education and social protection of the population. The main problems and challenges hindering the effective and timely implementation of the digital transformation of Belarus are considered. The proposals on the development of the information legislation of the member states of the EAEC are given.

  M Ablameyko

  6-12

    

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  Remote electronic voting: advantages and disadvantages

  The purpose of this article is to study the procedure for remote electoral voting, analyze its advantages and disadvantages, consider the opinion of the election commission on the practice of a new type of voting using the Internet. The present work aims to develop proposals for the rapid reduction of benefits on benefits in procedures on preferential terms, as well as to improve its current system.

  T Chekalova

  517-526

    

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  Development of the legal facts theory in the process digitalization of the legal space

   The main purpose of the study in this article is to determine the directions for the development of the legal facts theory in connection with the growing process of digitalization of the legal sphere. Particular attention is paid to such a component of the theory of legal facts as actual communities, to which the author refers the actual compositions and actual systems. The conclusion is formed and substantiated that the improvement of the system of knowledge about actual systems as a sufficiently large and ordered community of legal facts can help in the development of machine-readable law technologies.

  D Bakirova

  44-50

    

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  On some features of information, digital and technological sovereignty and its significance for the transport complex

  Abstract. The article studies peculiarities of digital/technological/information sovereignty applied to transport complex. On the basis of the study of the formed domestic approaches and foreign experience, an attempt is made to assess the degree of formation of technological, digital and information sovereignty in relation to the transport complex, Strengths and weaknesses of digitalization processes in transport as a whole are being identified. The basic directions of formation of digital sovereignty under conditions of organizational and legal provision of complex security in transport are defined. By the digital sovereignty of the transport complex it is proposed to understand such a level of development of legal, technological, economic and information interaction within the transport infrastructure, which allows to independently carry out the digital transformation, To create and manage the digital ecosystem of the entire transport complex, as well as to ensure the safety of the critical information infrastructure, without any possibility of impact on its design and sustainability.

  A Chebotareva, E Nesterov

  510-517

    

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  Comparative analysis of the implementation of the social credit system in Russia and China: building a society of justice or a threat to the constitutional right to privacy

  The paper deals with studying the possible prospects tor the introduction of a social credit system in the Russian Federation. The article analyzes a similar experience in the People’s Republic of China. In the communication environment of IT specialists, researchers of constitutional and legal science and citizens of our country, one can often hear the opinion that the indiscriminate, avalanche-like, rapid digitalization of all spheres of public life and, especially, such important for the state as health and education, will lead to total control of society by the state, the instrument of which, in particular, the social credit system will act. The article uses the method of comparative analysis of the Chinese experience and initial attempts to introduce this system in Russia to attempt to give a reasoned answer to these concerns. Additionally, the influence of artificial intelligence systems already existing in the Russian Federation that process personal data is taken into account.

  S Palamarchuk

  322-329

    

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  Biometric authentication in Kazakhstan and risks associated with the practice of its application

  This article will analyze the legislation of the Republic of Kazakhstan regarding the collection and protection of biometric data, fingerprint and genomic registration. The article will consider examples of the use of biometric authentication in the world and some types of personal data leaks, threats to information security and privacy. The practice of using biometric identification systems in Kazakhstan and the practice of applying international standards in the field of biometric identification in order to prevent human rights violations will also be discussed. In conclusion, recommendations to reduce the risks associated with the threats of leaks of sensitive information, the gaps in the current legislation, the absence of a separate law on the protection of biometric data in the Republic of Kazakhstan and other aspects related to the gaps in the regulation of biometric data will be indicated.

  D Mukhamedzhanova

  298-303

    

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  Theoretical and legal foundations for the creation and improvement of the e-government in the interests of the social development of rUSSIA

  Abstract. This review article shows on what theoretical and legal foundations information and communication technologies have begun to be applied and improved in the activities of state authorities and management in Russia, how the goals and objectives of the legal framework for the creation of e-Government have changed over the period from 2011 to the present, the results of the implementation of this concept for the purposes of the country’s social development, the author’s opinion on solving problematic issues of its legal support.

  Yu Nemchik

  303-313

    

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  Digitalization and behavioral economics. legal issues In practice companies have long used behavioral economics to promote and sell their products and services. Digitalization and the rapid development of technology provide companies with new tools to do this. The use of behavioral economics in some marketing strategies of companies has already been recognized as illegal both in Russia and abroad. However, today technologies have built-in algorithms that can use the behavioral characteristics of consumers. This combination of technology and behavioral economics raises a number of legal questions.

  A Alferova

  13-16

    

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  Digital technologies in administrative process The prospects for digitalization of administrative and procedural activities in the new time are assessed. Attention is drawn to the problems associated with the organization and implementation of administrative-procedural and administrative-jurisdictional activities when using electronic means and technologies. The conclusion is made about the advantages and disadvantages of law enforcement when bringing to administrative responsibility using digital means, first of all, attention is focused on the lack of an orderly understanding of specific legal ways of disposing of them.

  M Anisiforova

  26-29

    

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  Digital technologies in the system of traceability of goods under customs control The article deals with topical issues of creating and implementing a national digital system for the traceability of goods. The results of its implementation over the past years and development prospects are considered. Much attention is paid to the information interaction between the Federal Customs Service and the Federal Tax Service in the implementation of control measures. Emphasis is placed on the need for a wider coverage of the moved consignments of goods by assigning registration numbers in order to increase the effectiveness of their control.

  D Afonin

  30-34

    

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  Prospects of state enforcement of the requirements of free licenses in software distribution At the moment, judicial practice on the protection of rights when using free licenses is just beginning to take shape in the Russian Federation. At the same time, it should be noted that this practice is primarily related to the protection of the legitimate rights and interests of individuals when distributing software, which in turn uses software code distributed under the GPL license. However, the condition for distributing software code under the GPL license has not yet received wide coverage from the point of view of ensuring public interest. This article presents a study of the issue of promising mechanisms for protecting the requirements of free licenses by the state and its competent authorities, as a condition for ensuring public interest in the use of free software by an unlimited number of people. Based on the generalization of foreign experience, proposals for the introduction of a wide application of free software in the Russian Federation are formulated.

  A Bazilev

  34-43

    

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  Implementation of the principle of access to justice in a “digital” state The article is devoted to the problems of introducing information technologies into the system of Russian justice and into individual public authorities. The significance of the principle of accessibility of justice in modern conditions of protection of violated rights, freedoms and legitimate interests is analyzed. Attention is paid to an interdisciplinary approach to the development of the electronic justice model in the Russian Federation. The author also formulated conclusions and suggestions based on the results of the study.

  A Belyakova

  50-57

    

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  Features of the unified system of regulatory and reference information as one of the element of the electronic government structure This article touches upon the topic of the implementation of the e-government project as a special form of organizing the activities of public authorities. Within the framework of this issue, the features of the unified system of regulatory and reference information as one of the elements of the e-government structure, which consist in the widespread use of information and communication technologies, are revealed. The relevance of this work is due to recent changes in legislation and the current situation in the world.

  N Boyko

  57-62

    

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  Functioning of the judicial system in the new digital reality: regulation i law enforcement The subject of research in the work is the functioning of the judicial system in the new digital reality, as well as the features of the legal regulation of this issue and the actual application of these norms. The aim of the study is a comprehensive knowledge of the features of the functioning of the judicial system in the new digital reality. It is noted that the efficiency and fairness of justice, the most objective consideration and resolution of various categories of cases by the courts is the most important criterion for a democratic and civilized society. In modern conditions, legal and fair justice is becoming increasingly necessary, as more people and organizations have resorted to resolving disputes through litigation. Current social trends do not bypass the judicial system. Thus, the widespread dissemination of digital and information technologies, as well as the penetration of the information and telecommunication network “Internet” into the life of each individual, could not but affect judicial activities, having taken root and accompanied the practice of judicial law enforcement.

  V Bolshakova

  62-66

    

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  Public-legal features of the use of digital technologies in election campaigns: regional specifics and federal trends The article analyzes the use of digital technologies both for election campaigns and directly during elections. The features of the formation of a system of interaction between society and government in the field of ensuring the electoral rights of citizens in the conditions of large-scale use of digital technologies during election campaigns are considered. The high dynamics of the development of public-legal relations in the electoral process and a steady trend aimed at increasing the accessibility and comfort of the electoral process associated with the introduction of digital technologies were noted.

  O Bryanceva, I Bryancev

  66-73

    

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  Level regulation of digital relations Abstract. The regulation of digital relations is considered as part of the problem of regulation in the information sphere. It has been established that after the digitalization of the communications industry, most of the network information relations should be considered as digital relations. The study is based on the hypothesis of domestic and foreign authors about the possibility of considering information relations as relations of a level type. The multidirectional efforts of researchers, the lack of unified approaches to this problem are stated. It is predicted that the effectiveness of further regulation in the information society will be determined by the development of level legislation. The results of the work can be used to continue research and in the educational process.

  Yu Volkov

  73-77

    

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  Digital technologies in the field of anti-corruption: separate directions and features of implementation The article examines the practical and theoretical aspects of the introduction of the author’s technology of training state and municipal employees in the basics of anti-corruption. Digital technologies are relevant and in demand in the system of anti-corruption education. The authors have developed an information and analytical system “Methods and tactics of anti-corruption for state and municipal employees”, which is adapted for personnel departments of government bodies or bodies (departments) whose functions directly include anti-corruption as their main activity. Digitalization of the process of teaching the basics of countering corruption offenses is assessed by the authors as a necessary element of the modern system of combating corruption in government and is positioned as a systemic event

  E Golomanchuk, O Astafurova

  77-84

    

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  Geoinformation technologies in providing environmental expertise The article is devoted to the practical use of geoinformation systems capable of providing high-quality environmental assessment and environmental expertise. Up-to-date and informative data on the state of the environment (environmental data) are significant for solving problems in the environmental quality management system. In Russia, the possibility of creating and using such systems in ecology is provided for at the legislative level. The author substantiates the importance of geoinformation ecological systems in the planning of economic activity.

  I Jochkina

  85-89

    

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  Control and supervisory activities in transport security: digital technologies Control and supervisory activities in transport security are undergoing significant changes after the “regulatory guillotine”. The article contains the results of the changes in legislation analysis of June, 2021: the article determines a federal body of control (supervision), the subject and objects of control and supervision activities, the article envisages the introduction of special federal supervision regimes and use of digital technologies. The author comes to the conclusion that it is necessary to legally establish the concepts of “test-task” and “test-situation” and their application procedure; to define and legally consolidate an exhaustive list of the transport security state indicators and their threshold values for assessing the effectiveness of administrative and legal regulation.

  S Zaykova

  90-97

    

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  Information provision in a digital society (on the example of the state environmental government) The article considers the concept of information support of state environmental management at the present stage, its legal basis, the goals and principles of implementation are defined. All information about the environment for the purposes of information support of state environmental management is proposed to divide into statistical (information on the quantitative and qualitative side of environmental processes - registers, cadasters, environmental monitoring, etc.), and strategic (information of perspective character - management tasks, ways of solving the tasks, benchmarks, etc.). The differences in the formation of statistical and strategic environmental information, including legal support, are justified.

  N Zaslavskaya

  97-106

    

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  Analysis of confidential information breach in russia and in the world in the 1h 2022. legal problems of information security and solutions Annotation. The subject of the research is the legal problems of information security in Russia. The goal is to develop and test methods for solving identified legal problems related to the protection of confidential information, including personal data. The research hypothesis suggests that information security is highly dependent on global and domestic economic and political developments. The following methods were applied: formally legal, comparative legal analysis, diagnostic analysis. The regularity of the connection between data leakage and foreign policy and domestic economic processes is revealed. Conclusions: the current Russian legislation in the field of information security needs to be unified, to develop a new conceptual apparatus that meets modern realities, as well as to detail and specify existing terms and definitions. Areas of application of the results: in the theoretical realm, to improve realm of the protection of confidential information at the legislative level, in practical activities in the processing of personal data and holding accountable for violations in the field of personal data processing.

  V Zinoveva

  107-113

    

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  Digital economy, digital law and public-private partnerships The movement of life forward brings us to qualitatively new levels, the purpose of which is to improve the living conditions of people. One of such qualitative changes is digitalization, “penetrating” into all areas - economy, culture and law. In the Russian economic and legal sphere, digitalization is a relatively “new” circumstance. Although there are fairly large “distances” between public-private partnerships and “digital” economies, it seems that the digitalization of various spheres of public life “needs” significant investment, and a reasonable and efficient distribution of invested funds should be carried out with the participation of the state.

  N Zolotarev

  113-118

    

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  Digital technologies and municipal law This work is devoted to digital technologies and municipal law as one of the most important branches of domestic jurisprudence. The purpose of the scientific work is to further study the relationship between the subject of the designated branch of law and the specified modern technologies. Based on the target setting, the author in this work analyzes the methods of application of these technologies, their role in the functioning of local governments. Also, in order to disclose the topic, regulatory acts adopted both at the federal level and directly and at the level of municipalities, which regulate the use of these technologies, were studied. In addition, the relevant municipal-legal relations where digital technologies are involved are analyzed. Among them, for example, the municipal service. In general, the work gives the necessary and clear idea of the procedure for the use of digital technologies in municipal law as a branch of Russian law.

  V Ivakin

  118-124

    

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  Automation of purchasing and issues of legal personness In competitive procurement in the first quarter of XXI, a lot of work has been done on the introduction of digital technologies. Yesterday, electronic vendor selection platforms were an experimental technology. Today, customers use source-to-pay automation of procurement processes. We are on the verge of a fundamental transformation: some decisions in the procurement process are starting to be made by a robot based on big data. This raises the question for legal science: can a robot be the subject of a legal relationship?

  D Kazancev

  124-134

    

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  Digitalization in the internal affairs bodies The article analyzes the development of digital technologies in the internal affairs bodies, determines the level of digitalization in law enforcement. The relevance of mobile applications implemented in various areas of the Ministry of Internal Affairs of Russia as a tool for rapid interaction of citizens with internal affairs bodies is highlighted, the positive and negative aspects of the implementation of mobile applications are shown, and a conclusion is made about their expediency.

  V Kazachenok

  135-139

    

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