Normative-legal documents of the Russian Federation in the field of informatization. Informatization programs in Russia creation of all necessary conditions to meet the information needs of public authorities and business entities
The beginning of the informatization process in Russia can be considered the 60s, when cybernetics finally ceased to be a "pseudo-science", the role of information as the most important resource of an enterprise, organization, region, and society as a whole was realized. Started to be developed automated information systems different kind. During this period, a large number of organizations and structures dealing with computer technology and information technologies. The problem of providing information to managerial workers was immediately posed systematically, provided with detailed theoretical developments. The concept of a hierarchical complex was developed automated systems control ( ACS), in which, first of all, systems of different levels of management were distinguished - APCS (for the level of enterprises and organizations), OAS (industry), RASU (republican and regional), and, finally, OGAS (nationwide automated system). These levels formed the basis of the concept of Academician V. M. Glushkov on development of a stratified structure of the OGAS. The initial period ended in the late 80s. and coincided with the economic crisis, which largely blurred the effectiveness of the achieved results of informatization. Not to mention development, even maintaining the achieved level required significant labor and financial costs. The country at that time was not up to informatization.
In the form of examples of specific rather successful developments of the initial period of informatization, one can note:
· All-Union automated control system for ticket sales and seat reservations on domestic airlines of the USSR;
· ACS railway transport ( ACS ZhT), covering all levels of rail transport management;
· ACS"Morflot", designed for all levels of maritime transport management within the USSR Ministry of the Navy.
In the late 80s, in the initial period of perestroika, when in the USSR, against the backdrop of a difficult economic situation and socio-political confusion, the government tried to turn the tide and dreamed of breakthrough technologies, almost everyone government programs began with the mottos "acceleration", "intensification", the question was raised of creating a long-term plan for informatization of the country. In 1989-1990 with the participation of state structures and the public, the concept of informatization of society was developed, then approved by the relevant committee of the Supreme Soviet of the USSR. On its basis, drafts of the All-Union Informatization Program and the Republican Program " Informatization Russia" (1990-1991). However, due to a number of reasons (limited financial resources, inconsistency in the positions of ministries and departments), the draft program was not adopted by the government.
By the time of the collapse of the USSR, the situation in the field of informatics had become catastrophic. For that time, statements of this kind became characteristic: "We are close to the fact that now not only will we not be able to copy Western prototypes, but in general we will not even be able to keep track of the world level of development." Over the next decade (1991-2000) informatization in Russia was carried out without the active intervention of the state. Scientific developments were carried out on inertia, realizing the previously accumulated potential. The production of domestic technical means of informatization (computers, communications, etc.) has practically ceased due to their technical imperfection and quality.
However informatization has not stopped, commercial structures are becoming its leading link. There is a large number of private, semi-state firms involved in information technology, import and sale of foreign technology. A branched net mobile telephone services, institutions and the most advanced part of the population are connected to the Internet. Gaining wide scale assembly the simplest models personal computers from imported components. Personal Computer gradually escalates into household appliances, which serves for study, entertainment, work with texts and simple calculations (spreadsheets).
During 1992-1996 work was actively carried out in the country on formation legislative framework informatization. The federal laws "On Information, Informatization and Protection of Information" (1995) and "On Participation in International Information Exchange" (1996) were adopted. A large number of decrees of the President of the Russian Federation and government decrees were also issued on informatization issues. Considering Russia's traditional ability to have a "calm" attitude towards legislation and the difficult socio-political situation, these legislative acts had no effect on informatization. This was the backlog for subsequent periods.
In 1995, a concept was developed for the formation and development of a single information space of Russia (UIPR) and the corresponding state information resources. Single information space Russia (EIPR) is understood in the Concept as "a set of databases and data banks, technologies for their maintenance and use, information and telecommunication systems and networks operating on the basis of interrelated principles and on general rules and standards that ensure the information interaction of organizations and citizens, the satisfaction of their needs for information services. "Based on this document in 1998. on order of the Committee of the State Duma on information policy and communication, the Concept of State Information Policy was developed and approved.
The following provisions were declared as the goals of the state information policy:
Ensuring the rights of citizens to information;
· Creation and maintenance of the level of information potential necessary for the sustainable development of society;
Ensuring the consistency of the decisions of the bodies state power;
raising the level of legal awareness of citizens;
Ensuring control by citizens over the activities of public authorities;
increase in business and social activity of citizens;
integration with the global information space;
· modernization of information and telecommunications infrastructure;
development of information and telecommunication technologies;
· effective formation and use of national information resources (IR) and provision of wide, free access to them;
Providing citizens with public meaningful information and the development of independent media;
preparing a person for life and work in the coming information age;
creation of the necessary regulatory and legal framework for building information society.
"Electronic Russia". In 2002, the Government of the Russian Federation adopted the Federal Target Program "Electronic Russia". And this is already a plan of specific measures secured by state funding. The program activities are divided into three stages and are designed for the period 2002-2010:
· 1st stage (2002) - creation of prerequisites for the implementation of the Program, analysis of the level of informatization in Russia;
· Stage 2 (2003-2004) - implementation of projects that ensure the interaction of state authorities and local governments with citizens and business entities;
· 3rd stage (2005-2010) - creation of prerequisites for the mass dissemination of ICT in all spheres of public activity.
The long-term action plan included 69 specific works divided into the following groups.
· Improving legislation and the system of state regulation in the field of ICT.
· Ensuring openness in the activities of public authorities.
· Improving the activities of public authorities and local governments.
· Improving the interaction of state authorities and local governments with business entities.
· Development of a system for training specialists in ICT.
· Promoting the development of independent media.
· Development of telecommunication infrastructure and creation of points of connection to open information systems.
· Development and creation of an e-commerce system
If we compare the "Electronic Russia" project with the informatization programs of Western countries, then it can be noted that the Russian program, unlike them, reflects mainly the interests of the state and only indirectly, through it, the interests of the people. The specifics of the Russian program is to strengthen state institutions, authorities and mechanisms of interaction between the state and business entities, as well as to promote the development of the media.
Unfortunately, the initial version of the "Electronic Russia" program was characterized by a certain declarativeness, generality and vagueness of the results achieved. Most likely it is on For these reasons, the implementation of the program experienced significant difficulties from the very beginning. Many competing departments and organizations took part in the implementation of the program, concentrating only on the distribution of financial flows. Allocation of funds was carried out only at the end of the reporting period, there was practically no centralized meaningful management.
The state, evaluating the results achieved, changed the program several times, trying to make it more dynamic and concrete in the planned results. The last adjustment was made at the end of 2009. According to this version, all program since 2002 on 2010 will cost 21.2 billion rubles. (initially it was planned to be 77.2 billion rubles), which largely characterizes the demand for the results. The final stage is entirely devoted to the activation work on creation" e-government".
To a certain extent, special attention to the problem " e-government" can be explained by the paradoxical situation that developed in Russia by the end of 2009. The state and state structures turned out to be the most weak link when moving to information society. The high educational level of the population, a fairly favorable economic situation allowed a significant part of the population to purchase personal computers, Cell phones, scanners, printers and other modern equipment, connect to the Internet, master the most simple Information Technology. The modern Russian believes Internet the most accessible and comprehensive source of information, refusing other resources, such as libraries. Electronic became commonplace mail, SMS messages, chats, forums, etc. For the urban population, it has become habitual the Internet-trade.
The Ministry of Telecom and Mass Communications presented a draft long-term target program " Information society"for 2011-2020 and proposes to allocate 88.03 billion rubles from the federal budget for informatization, of which 9.3 billion rubles are expected to be spent before 2013, and the remaining 78.73 billion to master in 2014-2020. Program should start in 2011, it will replace the Federal Target Program "Electronic Russia", which ended in 2010. The program includes six areas: e-government improving the quality of life of citizens and improvement business environment, bridging the digital divide, safety in the information society, the development of the information and communication technology market and the preservation of cultural heritage.
Business is showing activity in those areas of informatization where it can independently recoup expenses and get significant profit(development mobile communications, Internet, payment systems, etc.). Almost all office work and accounting in firms and institutions has been transferred to computers. Significant Russian-language information databanks have been created and connected to the Internet. Large industrial enterprises, which were completely reorganized to work in the new economic conditions, were forced to use modern Information Technology otherwise it would be impossible for them to survive in an open economy and fierce competition from foreign firms.
A separate direction of the state policy of Russia in 2001-2010. became informatization in the field of education. In 2001, the Federal Target program"Development of a unified educational information environment(2001-2005)". The purpose of the program was to create and develop a unified educational information environment providing:
unity of educational space throughout the country;
Improving the quality of education in all regions of Russia;
· Preservation, development and effective use of the scientific and pedagogical potential of the country;
· creating conditions for a gradual transition to a new level of education based on information technology;
creation of conditions for the provision of Russian educational services to the Russian-speaking population abroad
This program was more successful. Main expenses went to purchase computer classes for educational institutions, especially rural schools. Within its framework, a system of educational portals was created:
Federal portal "Russian education" http://www.edu.ru/ (root portal)
educational portal "Economics, sociology, management" http://www.ecsocman.edu.ru/
· Russian educational legal portal http://www.law.edu.ru/.
Portal "Social-humanitarian and political science education" http://www.humanities.edu.ru/
natural science educational portal (physics, chemistry, biology, mathematics) http://www.en.edu.ru/
Russian educational portal http://www.school.edu.ru/
portal of information support for the unified state exam (USE)
educational portal to support learning processes in the CIS countries http://www.sng.edu.ru/
specialized federal portal "Engineering education" http://www.techno.edu.ru/
· specialized portal "International education" http://www.international.edu.ru/.
An unusual situation has arisen with the implementation work on organizations digital libraries training materials and making them available. Within the framework of the project, the Central Library of Educational Resources (FGU TsBOR) was created (more than 12,000 books), which contained almost all educational literature published in Russia. Educational institutions had access to resources on an individual password. However, the works did not take into account the issues of compliance with copyright rights, the library had to be closed.
2010 has become another key milestone in the informatization of Russia. Taking into account the negative results of the "Electronic Russia" program, it was decided to replace it with the " Information society", focused on the development strategy approved by the Government of the Russian Federation in February 2008 information society. In particular, it refers to the creation of a broadband access infrastructure throughout the Russian Federation, the introduction of remote patient care in medical institutions, the integration of state information systems and resources, the creation of conditions for the commercialization and implementation of scientific research results, and the development of a system of library collections based on the use of ICT. .
Of particular interest for forecasting works upcoming in the field of informatization, represents Application to the Development Strategy information society in the Russian Federation, which defines benchmark values for development indicators information society in the Russian Federation for the period up to 2015. The document states that “by 2015, the following benchmarks should be achieved:
place of the Russian Federation in international rankings in the field of development information society- among the twenty leading countries of the world;
· the place of the Russian Federation in international rankings in terms of accessibility of the national information and telecommunications infrastructure for the subjects of the information sphere - no less than tenth;
· Availability of personal computers, including those connected to the Internet, in at least 75% of households;
share public services, which the population can receive using information and telecommunication technologies, in the total volume of public services in the Russian Federation - 100%;
share electronic document management between public authorities in the total volume of document circulation - 70%;
· the share of library collections converted into electronic form in the total volume of collections of public libraries - at least 50%, including library catalogs - 100%".
Achieving these targets will require very high costs and efforts.
In order to form the regulatory framework for the legal informatization of Russia and ensure the implementation of Decree of the President of the Russian Federation of April 23, 1993 N 477 "On measures to accelerate the creation of centers of legal information" I decide:
Approve the attached Concept of Legal Informatization of Russia.
The president
Moscow Kremlin
Concept
legal informatization of Russia
(approved by Decree of the President of the Russian Federation of June 28, 1993 N 966)
With changes and additions from:
I. Fundamentals
This Concept of Legal Informatization of Russia was developed on the initiative of the State Legal Department of the President of the Russian Federation, which, in accordance with the Decree of the President of the Russian Federation of April 4, 1992 N 363, functions as the general customer of legal information systems, in order to enhance the process of creating state legal information systems.
The rapid qualitative renewal of society, the formation of a market economy, the construction of a democratic rule of law - these and many other problems bring to the fore the solution of a global task - the formation in Russia of a single information and legal space that ensures legal awareness of all structures of society and each citizen separately, because the legal education is necessary to grow up in a democracy.
Convenient distribution and use of information to meet social needs is perhaps the most important advantage in the world around us, and, as a result, as a result of improving information communications within and between different social groups society can develop more dynamically.
The progressive development of democracy is possible only when there is more or less strong agreement among citizens, when they are brought together by common views, attitudes, and information. A modern information system should give citizens confidence in the quality of their knowledge, in the real ability to influence social processes. Decisions that turn out to be wrong are most often the result of a lack of objective information, and not a lack of competence or inefficient use of the available information that got into the official information channels.
Meanwhile, today there is an extremely acute shortage of even elementary information and legal services, which, along with other factors, has a very serious negative impact on public legal awareness and the rule of law in Russia. The absence of a developed information system in the legal sphere deprives citizens of the opportunity to effectively participate through democratic institutions in decision-making due to the unavailability of relevant information.
The problem is that the state not only does not provide citizens with the opportunity to receive information about the current legislation, but also does not itself have sufficiently effective systems of legal information.
It is necessary to create effective mechanisms that ensure, through a more complete legal awareness of citizens, an increase in the effectiveness of law and its application, and thereby strengthen what could be called "the legal density of society". This goal will be greatly facilitated by the legal informatization of society, based on the solution of a two-pronged task: the informatization of the legal sphere, on the one hand, and the provision of legislative regulation of legal relations in the field of informatization, on the other.
The legal informatization of Russia is understood as the process of creating optimal conditions for the fullest possible satisfaction of the information and legal needs of state and public structures, enterprises, organizations, institutions and citizens based on the effective organization and use of information resources using advanced technologies.
Ways to improve the process of legal informatization of society are diverse, therefore, it is necessary to clearly define the goals, methods of organizational forms for solving the task, i.e. formation of its scientific foundations.
Legal informatization is carried out simultaneously in the following areas:
informatization of law-making activity;
informatization of law enforcement activities;
legal support of informatization processes.
The state policy of the Russian Federation in the field of the formation and use of legal information resources and the provision of these resources with the needs of the country's social and economic development is carried out taking into account the interests of the constituent entities of the Russian Federation, trends in international cooperation in the field of legal informatics, and the real possibilities of the informatization industry in a market economy.
II. Goals and objectives of legal informatization
The main goals of legal informatization are:
information and legal support for the internal activities of state bodies;
information and legal support of subjects external to state bodies, including individuals;
preservation and structuring of the information legal field.
To achieve these goals, it is necessary to solve the following tasks:
development of the foundations of state policy in the field of formation and use of information and legal resources;
development of the industry of legal informatization;
coordination of work on the formation and use of information resources of the Russian Federation;
ensuring the use of a common communication environment, a single set of interconnected information technologies for maintaining reference banks of legal information and other necessary components of the infrastructure of legal informatization, as well as supporting the development of the sphere of legal information services in the market;
organization and financing of work on informatization of the legal sphere;
security information security, the right to information;
ensuring certification and licensing of information resources and information services in the legal sphere;
ensuring the exchange of legal information by banks at various levels in a single information and legal space;
creation of scientific and technical products of legal informatization based on the latest information technologies;
organization and implementation of international cooperation in the field of formation and use of legal information resources;
preparation of normative acts and normative and technical documentation in the field of legal informatization.
Informatization of the legal sphere is carried out by creating a reference geographically decentralized legal framework used in the national information space. The whole set of interconnected subsystems of legal information, implemented in the form of a geographically distributed network of stationary and replicated banks of regulations of all types, other legal and social information, forms the Russian automated system of information and legal support for law-making and law enforcement activities, legal education and upbringing (hereinafter referred to as RASIPO) .
It is obvious that such a global system can only be built as a multi-level one, starting from a common heterogeneous telecommunications network of the highest bodies of state power and administration, uniting local networks of reference banks of legal information, and ending with regional networks associated with basic regional centers, taking into account the possible evolution as separate components, and the system as a whole, and with the obligatory coordination of the interests of all levels.
Bodies of state power and administration, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation form and update reference banks of only those legal acts that they themselves adopt (a reference bank is understood as a set of reference electronic copies legal acts), and transfer copies of these banks and changes to them to the central and regional nodes of the legal information system.
A legal information system node is a legal entity that is licensed to distribute or provide access to certified legal information.
The work of organizing integral banks of regulations formed from copies of standard banks, as well as providing operational access to them for users of other levels of the system, should be assigned to the central node of the legal information system, whose functions in accordance with the order of the President of the Russian Federation of September 24, 1992 No. N 536-rp is performed by the scientific and technical center of legal information "System" (hereinafter referred to as the STC "System").
The main volume of work to provide legal information to a wide range of consumers will have to be performed by regional nodes of legal information. Their functions include:
obtaining copies of standard banks of regulations and their changes, organizing and maintaining copies of banks;
organization, accumulation, storage and maintenance of acts of local authorities and administration of the region;
organization and implementation of information search at the request of users in local and remote modes;
organization and implementation of work on legal informatization of the region;
advisory assistance to consumers in the region on legal issues.
The system should be open to include new, both central and regional nodes.
For all nodes of the system, a unified complex technology for processing legal information should be developed, including input and preliminary processing (formal and logical control) of data, their semantic and linguistic processing, storage, restoration and duplication of information and, finally, prompt provision of information to consumers.
III. Information and legal field
The value of any information system is determined primarily by its information resources, and the sources of legal information are not only the holders of standard banks of regulations, but also regional centers of legal information. The effectiveness of the functioning of the legal information system largely depends on the completeness and reliability of information and the regularity of its receipt not only from central, but also from regional sources. Therefore, it is advisable to strengthen the work on informatization at the regional level and solve this problem from two sides simultaneously: from the center and regional support zones of informatization, which are both the basic centers of legal information of the regions and communication systems for transit data transportation for regional networks. The principle of integrated coordinated development of all elements of the system should become fundamental for the formation and improvement of a unified information technology in the field of law. At the same time, the current state of affairs in the informatization of legal activity is taken as the initial conditions.
Thus, a nationwide system of legal information should be built on the basis of an information-logical model that takes into account the different levels of theoretical and practical preparedness and technical equipment of all potential subscribers of the system and allows solving a wide variety of issues from very special technical, mathematical and constructive design problems to extremely complex political ones. , legal, social, financial, labor and ethical issues relevant to our lives today.
The information resources of the Russian Federation in the legal sphere are fundamentally open. The exception is information resources classified in accordance with the legislation to the categories limited access. The order of access to open information resources is determined by the holder of the data bank.
State bodies responsible for the formation and use of legal information provide conditions for its prompt and complete provision to users.
In the process of implementing the system of legal information, it is necessary to integrate information funds, banks and bases of normative acts in the general information and legal field.
According to the degree of representativeness of banks of normative acts in RASIPO, 5 levels can be distinguished:
1st level - reference banks of legal acts of the highest bodies of state power and administration;
2nd level - reference banks of legal acts of the central bodies of the federal executive power of the Russian Federation;
3rd level - reference banks of legal acts of state bodies of the subjects of the Federation;
4th level - local banks of legal information of regional authorities and administration;
The 5th level unites local, thematic and other banks and databases of individual organizations, enterprises and institutions representing a wide range of users.
The entire set of reference, local and thematic banks of legal acts of all levels, as well as the set of international legal acts affecting the interests of Russia, forms the Russian integrated geographically distributed bank of legal information that adequately reflects the state of objects and their relations in the subject area under consideration.
An integrated communication network as a single material base that implements the entire set of processes for processing and consuming information on all aspects of legal activity is the most important element of RACIPO and ensures the functioning of a geographically distributed data bank and its interaction with external systems of the CIS member states and international organizations.
Informatization of the legal sphere should ensure the streamlining and systematization of information and legal resources in law-making and law enforcement activities, which is possible only as a result of the active participation of state structures in the processes of formation and updating of banks of legal information.
Information and legal resources of the Russian Federation should be formed from banks of existing legal acts adopted by the Supreme Council of the Russian Federation, the President of the Russian Federation, the Council of Ministers - the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the central bodies of the federal executive power, public authorities and administration of the constituent entities of the Russian Federation, local governments.
Based on the existing state-territorial structure of the Russian Federation, the desire to bring the bank closer to consumers in the regions, and also given the limited bandwidth of information transmission channels, it is advisable to organize the RASIPO structure in the form of a network of distributed banks of normative acts of three categories:
reference banks of normative acts;
powerful central banks to replicate normative acts and provide information about them to state bodies, territories and regions of Russia;
regional banks of regulations to provide legal information to regions and territories.
RASIPO as a complex polythematic system constitutes the main part of the information and legal resources of the Russian Federation and affects the interests of all structures of the state and society, its facilities should be available to almost all citizens of Russia. Therefore, within the framework of the organizational and legal support of legal informatization, it is necessary to distribute the competence of state bodies for the formation and use of these resources, to consolidate the rights and obligations of providers and consumers of information, to protect the rights of citizens. The alternative to this is the nationalization of technology, the combination of informatics with bureaucratic power, and, as a result, the danger of the onset of Orwellian social engineering.
IV. Legal support of informatization
Legal information centers, providing users with collective access to computing resources and providing them with information processing services, accumulate, store and process large amounts of data. Such a concentration of information gives rise to the problem of its protection and use, associated with the problem of ownership of information, as well as providing the user with not all, but only the computing resources and information subsets allowed to him.
Under certain conditions, extensive data banks of legal information can make Orwell's "1984" more real, hence the possible ambiguous mood of society regarding the "efficiency" of large information systems is understandable. Any monopolization of information will sooner or later result in abuse, starting with hiding information and ending with its illegal disclosure. To prevent possible abuse, institutional restrictions are needed, and above all in the field of legal information. On the basis of the known five principles of using information, it is necessary to develop legal acts that control the processing of information stored in a computer.
Only in this case can we speak of a society based on the sharing of information, all institutions of which will follow two principles: ownership of information and control over it.
The legal aspects of information security are related to the observance of ethical and legal norms that provide for the protection of data from unauthorized access and the prevention of any possibility of their misuse. To do this, it is necessary to legislate the following principles:
1. The owner of a certified information resource is responsible for the completeness and reliability of the accompanying information.
2. The use of information is accompanied by strict observance of the requirements for its protection.
3. Violation of information security requirements is regarded as unauthorized access to information.
4. Unauthorized access to information entails civil and/or criminal liability.
5. Injunctive relief must be provided to prevent data breaches.
6. Citizens have the right to initiate a case (individually or collectively) in order to receive compensation for the actual damage caused if there was unauthorized access to information.
In addition, legal norms should regulate the official attributes of a legal act on a magnetic medium.
It is also possible that another important problem will arise, on which the future of legal informatization depends - this is a ban on the dissemination of information and data exchange between computer systems by any subjects of the Federation. Various reasons can be put forward to have control over the flow of information. This is the "need to protect the privacy of citizens", and the classic argument in favor of "freedom of trade", and any others that are usually put forward in defense of someone's material or corporate interests. Such an application of protectionism will certainly narrow the scope of use of the system of legal informatization and limit its potential. Legislative regulation is necessary to overcome bureaucratic obstacles information processes at the federal level.
V. Principles of legal informatization
Legal informatization of Russia should be based on the following principles:
vertical and horizontal integration of existing and newly created legal information systems;
creation of a unified communication environment, including confidential communication systems and transport networks general purpose, republican and commercial communication and data transmission networks, including fiber optic, satellite, etc.;
strict observance international standards in the field of information and computing networks and means of communication;
openness of systems, which ensures the integration of available computing resources of various architectures and the possibility of their further growth;
unity of software and hardware, architectural, technological, organizational principles for building legal information systems;
maintenance of reference databases in organizations responsible for the creation of legislative and regulatory documents;
providing interactive access for users to an integrated geographically distributed database of legal information;
the use of a modular approach in the design of computing centers for information processing, teleprocessing networks, subscriber stations and user workplaces;
maximum use of ready-made software and hardware solutions and functioning systems;
integration of linguistic means used in various automated information systems;
exclusion of duplication of procedures for collecting and processing information in information technologies;
ensuring the purity of information channels;
improved ergonomic characteristics;
dissemination of progressive information technologies and promising software products among subscribers of legal information systems;
transfer of copies of reference documents through communication channels to the central working database of legal information:
replication of working copies (according to the established regulations) to the databases of regions and other subscribers of the system;
use of federated server technology for transparent data distribution;
a wide range of multimedia interfaces;
maintenance of an up-to-date list of legal documents and the composition of databases and their replication for all users of the system;
performing system-wide functions for collecting statistics, ensuring security, preparing performance reports.
It should be taken into account that:
information, once entered into the system directly by the primary source, is stored and processed by the system itself until it loses its consumer qualities;
information stored in the system is provided to any subscriber, regardless of its territorial distance from the place of storage, provided that the user complies with the requirements of a unified system discipline for access to information resources.
The implementation of these principles will ensure a reasonable combination of the principles of centralized and decentralized management, and vertical and horizontal integration of legal information systems at various levels will contribute to the effective functioning of the system through fast and reliable data exchange and coordination of actions of its various links.
VI. The main tasks of the legal information system
The main goal of the legal informatization of Russia is to build a nationwide legal information system covering all regions, the highest state authorities and administrations and law enforcement agencies. Given the large-scale nature of the system being created and the need to obtain results in the shortest possible time, it is advisable to provide for parallel work in key areas, strategically oriented towards the creation of large system units and means of communication and data transmission.
The following can be singled out as the priorities of the global information system:
formation and maintenance of information and legal databases in accordance with the hierarchy of the system, including reference banks of regulations, powerful central banks, regional banks and local banks for various purposes;
search and issuance of information at the request of users;
organization of information interaction between legal information systems of different levels, as well as with external databases;
organization and commissioning of the central node of reference data banks, which performs the functions of the head element of a distributed system of legal information, including;
maintenance of reference data banks;
data network management;
security management in the data transmission network;
network management Email;
distributed database administration;
creation of local and global fault-tolerant computer networks;
software and hardware equipment of regional nodes of legal information, including a packet switch/concentrator, a functional server and regional databases;
interfacing of central subscriber points, regional legal information nodes of various capacities and numerous subscriber points within the framework of a nationwide system;
phased creation of an integrated switching system;
creation of a methodological, advisory and training center for legal problems;
formation of a geographically distributed bank of full-text regulations and other legal information;
ensuring the exchange of closed and open information between regional, departmental and industry information systems in the process of leveling a distributed database and solving functional tasks of users;
collection, storage and maintenance of intersectoral classifiers and legal information coding systems;
organization of multilevel information protection;
maintaining a bank of periodic terms with interpretations and clarifications;
maintaining and replicating correspondence tables and other means of ensuring the compatibility of information for its exchange in the system;
maintaining a metabase of legal information (database dictionary);
and, most importantly, providing interactive access for legal entities and individuals to a distributed database of legal information.
VII. The supporting part of the Russian automated system of information and legal support for law-making and law-realization activities, legal education and upbringing
The supporting part of RASIPO is scientific, methodological, informational, linguistic, technical, personnel, financial support.
Scientific and methodological support should be the results of scientific research and development on the main problems that arise during the creation, operation and improvement of automated information systems in the legal field of activity (for example, codification and classification, semantics and formalization of regulatory requirements, modeling of the rules of law on a computer, standardization of the structure and content of a normative act, sociological surveys, public opinion polls, methodology for evaluating the effectiveness of a normative prescription, evaluating the effectiveness of information retrieval and expert systems, problems of creating thesauri, dictionaries, etc.).
Information support of RASIPO consists of input and output information arrays formed and stored in system-wide and local databases. System-wide databases should be formed as an integrated information field based on documentary (including full-text) and factual databases. Local databases contain the information necessary for the operation of one or a group of users. When developing information support, special attention should be paid to solving the issues of giving legal force to normative acts on machine media.
Linguistic support includes linguistic tools (classifiers, rubricators, thesauri, dictionaries, dictionaries, etc.), methods and forms of reflecting documents in data banks and knowledge bases, instructive and methodological materials, as well as methods for systematizing legislation and standardizing terminology, taking into account the possibility of using modern means of informatization.
The basis of technical and technological support for the maintenance of reference banks of legal information should be high-performance universal computers with a wide range of peripheral equipment and telecommunications facilities. The basis for the technical support of local computer networks will be personal computers of various capacities.
When developing RASIPO software, it is necessary to solve the issues of unified choice operating systems, telecommunication means and database management systems for all used types of computers When using non-standard system-wide software tools the user himself ensures the compatibility of his subsystem with RACIPO.
The effectiveness of the introduction of informatization tools largely depends on the provision of training for future users of RASIPO. Most of the future users of RASIPO do not have experience with computers. It is necessary to form a training program and implement it in advanced training courses and directly in the workplace.
Financial support for legal informatization in Russia should come from several sources: funds from the republican budget of the Russian Federation, the local budget, deductions from the sale of legal information and legal services, as well as deductions from the sale of software and hardware products developed for the needs of legal informatization.
VIII. Information flows and composition of a distributed database of legal information
The formation of nationwide information resources in the legal sphere implies an orientation towards the creation of a common information space, including in a supranational, global context.
The integration of disparate information resources within the framework of the all-Russian system is preceded by the stages of creating a state fund of legal acts to provide effective information support for law-making, law enforcement and law enforcement activities.
The subject area of the integrated database of the legal sphere should correspond, on the one hand, to the global information flows that determine the composition of the reference banks of regulations, and on the other hand, to the working information flows formed in the course of daily activities. Thus, the information support of legal information systems of state structures should be developed taking into account the balance of state and departmental interests.
Information support of RASIPO includes:
a geographically distributed network of full-text banks of legislative and other regulatory legal acts;
thematic banks of legal information (for example, about a state enterprise, about cooperation, about rent, about taxation, about entrepreneurial activity, about joint-stock companies, about ecology, about pensions, etc.). These banks are the basis of regional information centers;
operational banks of materials of judicial practice and resolutions of the Plenum of the Supreme Court of the Russian Federation, decisions of the Constitutional Court of the Russian Federation, materials arbitration practice, statistical information, etc.;
banks of departmental regulations;
normative-legal documents of the states - participants of the CIS;
banks of foreign legislation;
banks of registration data on the status and progress of civil, criminal, and arbitration cases;
operational databases.
The state fund of legal information should be formed from standard data banks that meet the information needs of a wide range of users.
Information arrays of the system are organized in the form of reference and working databases. Reference databases are maintained by organizations responsible for the preparation of documents. Working databases can be system-wide (for example, the central node of standard data banks) and subscriber (bases of regional nodes of legal information).
The analysis of users' information requests makes it possible to single out the following types of output information flows: information about legislative and regulatory acts; thematic collections of legislative and normative acts; texts of legislative and normative acts; information about pending cases; certificates on the appeal of citizens to law enforcement agencies; statistical information; certificates of the progress of cases, etc.
Operational requests must be executed interactively, non-operational - in batch processing mode.
Circulating information flows should be implemented regardless of the level of formalization and data structuring. Management of regular data flows is carried out by means of the system, focused on providing strictly regulated controlled procedures for collecting data and maintaining a distributed information fund. Management of irregular data flows is implemented by means of the system, focused on providing unregulated and weakly regulated data exchange procedures (queries to databases, information about their updating).
It should be taken into account that, in addition to requests to the information fund, the system must ensure the flow of information in the preparation of legislative acts, control of compliance of new legislative acts with the Constitution and already adopted laws, etc.
The composition of the distributed database, software and hardware of the system will become the basis of the Russian automated system of information and legal support.
IX. Stages of creating a system
Considering that the construction of a nationwide system of legal information must be carried out on the basis of the highest achievements of science and technology, the integration of existing means of communication and communication and the interface of various systems of legal information, the functions of the lead executor can only be assigned to an organization with a strong scientific and technical potential in combination with developed means of communication. Such an organization is the Federal Security Service of the Russian Federation.
Acceptance of works will be carried out by a specially created expert commission.
In addition, a general agreement should be signed between the central authorities and administration - the holders of standard banks of normative acts for the organization of information and legal exchange.
The stages of creating the system are determined taking into account the interests of users of different levels, available backlogs and financial resources, the possibility of a phased issuance of intermediate practical results and are specified by the Russian Legal Informatization Program. The terms of work should be linked to the stages of creating an integrated telecommunications environment (ITCS).
Stage 1 (1993 - the first half of 1994) - the creation of a launch complex of the system, including an experimental zone of the information and communication environment according to the X.25 standard, which combines user equipment for users of higher authorities and high-performance universal computers located in STC "Sistema", functional servers and database servers designed to store legal information.
At the same stage, the interaction of STC "Sistema" with the regions is being worked out, the information fund of the system is being built up and applied tasks are being developed.
To ensure the performance of the specified work on the creation of the launch complex of the system, the software and hardware of the packet switching network, the software and hardware of functional servers and database servers, and network protection and management tools are being developed within the same time frame.
Stage 2 (1994-1995) - formation of an information and telecommunication environment with the inclusion of regional nodes of legal information, integrated databases of regions. Interaction with information systems of law-making bodies, ministries and departments is provided, networks of subscriber points are formed in the regions. The prerequisites for the interstate exchange of information and legal resources are being created.
Stage 3 (1996-2000) - the development of a nationwide legal system covering all the republics, territories, regions of Russia, the creation of regional subscriber networks that provide information and legal services to citizens and organizations.
A nationwide territorially distributed legal system, in addition to its direct purpose, will rationally and effectively solve the problem of information interaction between state structures, which, in turn, will increase the efficiency, degree of validity and correctness of decisions made on the regulation of various spheres of public life.
28.06.1993 The concept of legal informatization of Russia
THE CONCEPT OF LEGAL INFORMATIZATION IN RUSSIA
I. Fundamentals
This Concept of Legal Informatization of Russia was developed on the initiative of the State Legal Department of the President of the Russian Federation, which, in accordance with the Decree of the President of the Russian Federation of April 4, 1992 N 363, functions as the general customer of legal information systems, in order to enhance the process of creating state legal information systems.
The rapid qualitative renewal of society, the formation of a market economy, the construction of a democratic rule of law - these and many other problems bring to the fore the solution of a global task - the formation in Russia of a single information and legal space that ensures legal awareness of all structures of society and each citizen separately, because the legal education is necessary to grow up in a democracy.
The convenient distribution and use of information to meet social needs is perhaps the most important advantage in the world around us, and, as a result, as a result of improved information communications within and between different social groups, society can develop more dynamically.
The progressive development of democracy is possible only when there is more or less strong agreement among citizens, when they are brought together by common views, attitudes, and information. A modern information system should give citizens confidence in the quality of their knowledge, in the real ability to influence social processes. Decisions that turn out to be wrong are most often the result of a lack of objective information, and not a lack of competence or inefficient use of the available information that got into the official information channels.
Meanwhile, today there is an extremely acute shortage of even elementary information and legal services, which, along with other factors, has a very serious negative impact on public legal awareness and the rule of law in Russia. The absence of a developed information system in the legal sphere deprives citizens of the opportunity to effectively participate through democratic institutions in decision-making due to the unavailability of relevant information.
The problem is that the state not only does not provide citizens with the opportunity to receive information about the current legislation, but does not itself have sufficiently effective systems of legal information.
Mechanisms need to be put in place to increase the effectiveness of the law and its application, through greater legal awareness of citizens, and thereby strengthen what might be called "the legal density of society". This goal will be greatly facilitated by the legal informatization of society, based on the solution of a two-pronged task: the informatization of the legal sphere, on the one hand, and the provision of legislative regulation of legal relations in the field of informatization, on the other.
The legal informatization of Russia is understood as the process of creating optimal conditions for the fullest satisfaction of the information and legal needs of state and public structures, enterprises, organizations, institutions and citizens based on the effective organization and use of information resources using advanced technologies.
Ways to improve the process of legal informatization of society are diverse, therefore, it is necessary to clearly define the goals, methods, organizational forms for solving the task, i.e. formation of its scientific foundations.
Legal informatization is carried out simultaneously in the following areas:
1. Informatization of law-making activities;
2. Informatization of law enforcement activities;
3. Legal support of informatization processes. State policy of the Russian Federation in the field
the formation and use of legal information resources and the provision of these resources with the needs of the country's social and economic development is carried out taking into account the interests of the constituent entities of the Russian Federation, trends in international cooperation in the field of legal informatics, and the real possibilities of the informatization industry in the areas of a market economy.
II. Goals and objectives of legal informatization
The main goals of legal informatization are:
Information and legal support of the internal activities of state bodies;
Information and legal support of subjects external to state bodies, including individuals;
Preservation and structuring of the information legal field. To achieve these goals, it is necessary to solve the following
Development of the foundations of state policy in the field of formation and use of information and legal resources;
Development of the industry of legal informatization;
Coordination of work on the formation and use of information resources of the Russian Federation;
Ensuring the use of a common communication environment, a single set of interrelated information technologies for maintaining reference banks of legal information and other necessary components of the infrastructure of legal informatization, as well as supporting the development of the field of legal information services in a market environment;
Organization and financing of work on informatization of the legal sphere;
Ensuring information security, the right to information;
Ensuring certification and licensing of information services in the legal sphere;
Ensuring the exchange of legal information by banks at various levels in a single information and legal space;
Creation of scientific and technical products of legal
informatization based on the latest information technologies;
Organization and implementation of international cooperation in the field of formation of legal information resources;
Preparation of regulations and regulatory and technical documentation in the field of legal informatization.
Informatization of the legal sphere is carried out by creating a reference geographically decentralized legal framework used in the national information space. The whole set of interconnected subsystems of legal information, implemented in the form of a geographically distributed network of stationary and replicated banks of regulations of all types, other legal and social information, forms the Russian automated system of information and legal support for law-making and law enforcement activities, legal education and upbringing (hereinafter referred to as RASIPO) .
It is obvious that such a global system can only be built as a multi-level one, starting from a common heterogeneous telecommunications network of the highest bodies of state power and administration, uniting local networks of reference banks of legal information, and ending with regional networks associated with basic regional centers, taking into account the possible evolution as separate components, and the system as a whole, and with the obligatory coordination of the interests of all levels.
Bodies of state power and administration, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation form and update reference banks of only those legal acts that they themselves adopt (a reference bank is understood as a set of reference electronic copies of legal acts) and transmit copies of these banks and changes to them in the central and regional nodes of the legal information system.
A legal information system node is a legal entity that is licensed to distribute or provide access to certified legal information.
The work of organizing integrated banks of regulations formed from copies of standard banks, as well as providing prompt access to them for users of other levels of the system, should be entrusted to the central node of the legal information system, whose functions in accordance with the order of the President of the Russian Federation of September 24, 1992 No. N 536-rp is performed by the scientific and technical center of legal information "System" (hereinafter referred to as the STC "System").
The main volume of work to provide legal information to a wide range of consumers will have to be performed by regional nodes of legal information. Their functions include:
Obtaining copies of standard banks of regulations and their changes, organizing and maintaining copies of banks;
Organization, accumulation, storage and maintenance of acts of local authorities and administration of the region;
Organization and implementation of information search at the request of users in local and remote modes;
Organization and implementation of work on legal informatization of the region;
Consultative assistance to consumers in the region on legal issues.
The system should be open to include new, both central and regional nodes.
For all nodes of the system, a unified complex technology for processing legal information should be developed, including input and preliminary processing (formal and logical control) of data, their semantic and linguistic processing, storage, restoration and duplication of information and, finally, prompt provision of information to consumers.
III Information and legal field
The value of any information system is determined primarily by its information resources, and the sources of legal information are not only the holders of standard banks of regulations, but also regional centers of legal information. The effectiveness of the functioning of the legal information system largely depends on the completeness and reliability of information and the regularity of its receipt not only from central, but also from regional sources. Therefore, it is advisable to strengthen the work on informatization at the regional level and solve this problem from two sides simultaneously: from the center and regional support zones of informatization, which are both the basic centers of legal information of the regions and communication systems for transit data transportation for regional networks. The principle of integrated coordinated development of all elements of the system should become fundamental for the formation and improvement of a unified information technology in the field of law. At the same time, the current state of affairs in the informatization of legal activity is taken as the initial conditions.
Thus, a nationwide system of legal information should be built on the basis of an information-logical model that takes into account the different levels of theoretical and practical preparedness and technical equipment of all potential subscribers of the system and allows solving a wide variety of issues.
From the highly specialized technical, mathematical and design problems of design to the extremely complex political, legal, social, financial, labor and ethical issues that are relevant to our lives today.
The information resources of the Russian Federation in the legal sphere are fundamentally open. The exception is information resources classified in accordance with the legislation as restricted access categories. The order of access to open information resources is determined by the holder of the data bank.
State bodies responsible for the formation and use of legal information, it is necessary to integrate information funds and bases of normative acts in the general information and legal field.
According to the degree of representativeness of banks of normative acts in RASIPO, 5 levels can be distinguished:
1st level - reference banks of legal acts of the highest bodies of state power and administration;
2nd level - reference banks of legal acts of the central bodies of the federal executive power of the Russian Federation;
3rd level - reference banks of legal acts of state bodies of the subjects of the Federation;
4th level - local banks of legal information of regional authorities and administration;
The 5th level unites local, thematic and other banks and databases of individual organizations, enterprises and institutions representing a wide range of users.
The entire set of reference, local and thematic banks of legal acts of all levels, as well as the set of international legal acts affecting the interests of Russia, forms the Russian integrated geographically distributed bank of legal information that adequately reflects the state of objects and their relations in the subject area under consideration.
An integrated communication network as a single material base that implements the entire set of processes for processing and consuming information on all aspects of legal activity is the most important element of RASIPO and ensures the functioning of a geographically distributed data bank and its interaction with external systems of the CIS member states and international organizations.
Informatization of the legal sphere should ensure the streamlining and systematization of information and legal resources in law-making and law enforcement activities, which is possible only as a result of the active participation of state structures in the processes of formation and updating of banks of legal information.
Information and legal resources of the Russian Federation should be formed from banks of existing legal acts adopted by the Supreme Council of the Russian Federation, the President of the Russian Federation, the Council of Ministers - the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the central bodies of the federal executive power, public authorities and administration of the constituent entities of the Russian Federation, local governments.
Based on the existing state-territorial
devices of the Russian Federation, the desire to bring the bank closer
directly in the regions, and given the limited
throughput of information transmission channels, it is advisable
organize the structure of RASIPO in the form of a network of distributed banks
normative acts of three categories:
Reference banks of regulations;
Powerful central banks for replicating regulations and providing information about them to state bodies, territories and regions of Russia.
Regional banks of regulations to provide legal information to regions and territories.
RASIPO as a complex polythematic system constitutes the main part of the information and legal resources of the Russian Federation and affects the interests of all structures of the state and society, its facilities should be available to almost all citizens of Russia. Therefore, within the framework of the organizational and legal support of legal informatization, it is necessary to distribute the competence of state bodies for the formation and use of these resources, to consolidate the rights and obligations of providers and consumers of information, to protect the rights of citizens. The alternative to this is the nationalization of technology, the combination of informatics with bureaucratic power, and, as a result, the danger of the onset of Orwellian social engineering.
IV. Legal support of informatization
Legal information centers, providing users with collective access to computing resources and providing them with information processing services, accumulate, store and process large amounts of data. Such a concentration of information gives rise to the problem of its protection and use, associated with the problem of ownership of information, as well as providing the user with not all, but only the computing resources and information subsets allowed to him.
Under certain conditions, extensive data banks of legal information can make Orwell's "1984" more real, hence the possible ambiguous mood of society regarding the "efficiency" of large information systems is understandable. Any monopolization of information will sooner or later result in abuse, starting with the discovery of information and ending with its illegal disclosure. To prevent possible abuse, institutional restrictions are needed, and above all in the field of legal information. On the basis of the known five principles of using information, it is necessary to develop legal acts that control the processing of information stored in a computer.
Only in this case can we speak of a society based on the sharing of information, all institutions of which will follow two principles: ownership of information and control over it.
The legal aspects of information security are related to the observance of ethical and legal norms that provide for the protection of data from unauthorized access and the prevention of any possibility of their misuse. To do this, it is necessary to legislate the following principles:
1. The owner of a certified information resource is responsible for the completeness and reliability of the accompanying information.
2. The use of information is accompanied by strict observance of the requirements for its protection.
3. Violation of information security requirements is regarded as unauthorized access to information.
4. Unauthorized access to information entails civil and/or criminal liability.
5. Injunctive relief must be provided to prevent data breaches.
6. Citizens have the right to initiate a case (individually or collectively) in order to receive compensation for the actual damage caused if there was unauthorized access to information.
In addition, legal norms should regulate the official attributes of a legal act on a magnetic medium.
It is also possible that another important problem will arise, on which the future of legal informatization depends - this is a ban on the dissemination of information and data exchange between computer systems by any subjects of the Federation. A variety of reasons can be put forward for the purpose of having control over the flow of information. This is the "need to protect the privacy of citizens", and the classic argument in favor of "freedom of trade", and any others that are usually put forward in the defense of someone's material or corporate interests. Such an application of protectionism will certainly narrow the scope of use of the system of legal informatization. Limit her potential. To overcome bureaucratic obstacles, it is necessary to regulate information processes at the level of the Federal Treaty.
V. Principles of legal informatization
Legal informatization of Russia should be based on the following principles:
Vertical and horizontal integration of existing and newly created information and legal systems;
Creation of a unified communication environment, including
systems of confidential communication and transport network of the general
destinations, republican and commercial communication and transmission networks
data, including fiber optic, satellite, etc.;
Strict observance of international standards in the field of information and computing networks and communications;
Openness of systems, which ensures the integration of available computing resources of various architectures and the possibility of their further growth;
The unity of software and hardware, architectural,
technological, organizational principles of building systems
legal information;
Maintaining reference databases in organizations responsible for the creation of legislative and regulatory documents;
Providing interactive access for users to an integrated geographically distributed database of legal information;
The use of a modular approach in the design of computing centers for information processing, teleprocessing networks, subscriber stations and user workplaces;
Maximum use of ready-made software and hardware solutions and functioning systems;
Integration of linguistic means used in various automated information systems;
Exclusion of duplication of procedures for collecting and processing information in information technology;
Ensuring the purity of information channels;
Improved ergonomic characteristics;
Distribution of progressive information technologies and promising software products among subscribers of legal information systems;
Transfer of copies of reference documents through communication channels to the central working database of legal information;
Replication of working copies (according to the established regulations) to the databases of regions and other subscribers of the system;
Use of federated server technologies for transparent data distribution;
Wide range of multimedia interfaces;
Maintaining an up-to-date list of legal documents and the composition of databases and replicating them for all users of the system;
Performing system-wide functions for collecting statistics, ensuring security, preparing performance reports.
It should be taken into account that:
information, once entered into the system directly by the primary source, is stored and processed by the system itself until it loses its consumer qualities;
information stored in the system is provided to any subscriber, regardless of its territorial distance from the place of storage, provided that the user complies with the requirements of a unified system discipline for access to information resources.
The implementation of these principles makes it possible to provide a reasonable combination of the principles of centralized and decentralized
management, and vertical and horizontal integration of systems
legal information at various levels will contribute
efficient system operation due to fast and reliable
data exchange and coordination of actions of its various links.
VI. The main tasks of the legal information system
The main goal of the legal informatization of Russia is to build a nationwide legal information system covering all regions, the highest state authorities and administrations and law enforcement agencies. Given the large-scale nature of the system being created and the need to obtain results in the shortest possible time, it is advisable to provide for parallel work in key areas, strategically oriented towards the creation of large system units and means of communication and data transmission.
The following can be singled out as the priorities of the global information system:
Formation and maintenance of information and legal databases in accordance with the hierarchy of the system, including reference banks of regulations, powerful central banks, regional banks and local banks for various purposes;
Search and issuance of information at the request of users*
Organization of information interaction between legal information systems of different levels, as well as with external databases;
Organization and commissioning of the central node of reference data banks, which performs the function of the head element of a distributed system of legal information, including:
maintenance of reference data banks;
data network management;
security management in the data transmission network;
email network management;
distributed database administration;
Creation of local and global fault-tolerant computer networks;
Software and hardware equipment of regional nodes of legal information, including a packet switch/concentrator, a functional server and regional databases;
Interfacing of central subscriber points, regional legal information nodes of various capacities and numerous subscriber points within the framework of a nationwide system;
Phased creation of an integrated switching system;
Creation of a methodological, advisory and training center for legal problems;
Formation of a geographically distributed bank
full-text normative acts and other legal information;
Ensuring the exchange of closed and open information between regional, departmental and industry information systems in the process of leveling a distributed database and solving functional problems of users;
Collection, storage and maintenance of intersectoral classifiers and legal information coding systems;
Organization of multilevel information protection;
Maintaining a bank of periodic terms with interpretations and clarifications;
Maintenance and replication of correspondence tables and other means of ensuring the compatibility of information for its exchange in the system;
Maintaining a metabase of legal information (database dictionary);
And, most importantly, providing interactive access for legal entities to a distributed database of legal information.
VII. The supporting part of the Russian automated system of information and legal support for law-making and law enforcement
activities, legal education and upbringing
The RASIPO providing communication is made up of scientific, methodological, informational, linguistic, technical, personnel, and financial support.
Scientific and methodological support should be the results of scientific research and development on the main problems that arise during the creation, operation and improvement of automated information systems in the legal field of activity (for example, codification and classification, semantics and formalization of regulatory requirements, modeling of the rules of law on a computer, standardization of the structure and content of a normative act, sociological surveys, public opinion polls, methodology for evaluating the effectiveness of a normative prescription, evaluating the effectiveness of information retrieval and expert systems, problems of creating thesauri, dictionaries, etc.)
Information support of RASIPO consists of input and output information arrays formed and stored in system-wide and local databases. System-wide databases should be formed as an integrated information field based on documentary (including full-text) and factual databases. Local databases contain the information necessary for the operation of one or a group of users. When developing information support, special attention should be paid to solving the issues of giving legal force to normative acts on machine media.
Linguistic support includes linguistic tools (classifiers, rubricators, thesauri, dictionaries, dictionaries, etc.), methods and forms of reflecting documents in data banks and knowledge bases, instructive and methodological materials, as well as methods for systematizing legislation and standardizing terminology with taking into account the possibility of using informatization tools.
The basis of technical and technological support for the maintenance of reference banks of legal information should be high-performance universal computers with a wide range of peripheral equipment and telecommunications facilities. The basis for the technical support of local computer networks will be personal computers of various capacities.
When developing RASIPO software, it is necessary to solve the issues of a unified choice of operating systems, communication tools and database management systems for all used non-standard system-wide software tools, the user ensures the compatibility of his subsystem with RASIPO.
The effectiveness of the introduction of informatization tools largely depends on the provision of training for future users of RASIPO. Most of the future users of RASIPO do not have experience with computers. It is necessary to form a training program and implement it in advanced training courses and directly in the workplace.
Financial support for legal informatization in Russia should come from several sources: funds from the republican budget of the Russian Federation, the local budget, royalties from the sale of legal information and legal services, as well as royalties from the sale of software and hardware products developed for the needs of legal informatization.
VIII. Information flows and composition of a distributed database of legal information
The formation of nationwide information resources in the legal sphere implies an orientation towards the creation of a common information space, including in a supranational, global context.
The integration of disparate information resources within the framework of the all-Russian system is preceded by the stages of creating a state fund of regulatory legal acts to provide effective information support for law-making, law enforcement and law enforcement activities.
The subject area of the integrated database of the legal sphere should correspond, on the one hand, to the global information flows that determine the composition of the reference banks of regulations, and on the other hand, to the working information flows formed in the course of daily activities. Thus, the information support of legal information systems of state structures should be developed taking into account the balance of state and departmental interests.
Information support of RASIPO includes:
Geographically distributed network of full-text banks of legislative and other regulatory legal acts;
Thematic banks of legal information (for example, about a state enterprise, about cooperation, about rent, about taxation, about entrepreneurial activity, about joint-stock companies, about ecology, about pensions, etc.). These banks are the basis of regional information centers;
Operational banks of materials of judicial practice and resolutions of the Plenum of the Supreme Court of the Russian Federation, decisions of the Constitutional Court of the Russian Federation, materials of arbitration practice, statistical information, etc.;
Banks of departmental regulations;
Normative-legal documents of the states - participants of the CIS;
Banks of foreign legislation;
Registration banks on the status and movement of civil, criminal, arbitration cases;
operational databases.
The state fund of legal information should be formed from standard data banks that meet the information needs of a wide range of users.
Information arrays of the system are formed in the form of reference and working databases. Reference databases are maintained by organizations responsible for the preparation of documents. Working databases can be system-wide (for example, the central node of standard data banks) and subscriber (bases of regional nodes of legal information).
The analysis of users' information requests makes it possible to single out the following types of output information flows: information about legislative and regulatory acts; thematic collections of legislative and normative acts; texts of legislative and normative acts; information about pending cases; certificates on the appeal of citizens to law enforcement agencies; statistical information; certificates of the progress of cases, etc.
the execution of operational requests must be provided in the instructive, non-operational - in batch processing mode.
Circulating information flows should be implemented regardless of the level of formalization and data structuring. Management of regular data flows is carried out by means of the system, focused on providing strictly regulated, controlled procedures for collecting data and maintaining a distributed information fund. Management of irregular data flows is implemented by means of the system, focused on providing unregulated data exchange procedures (requests to databases, information about their updating).
It should be taken into account that, in addition to requests to the information fund, the system must ensure the flow of information in the preparation of legislative acts, control of compliance of new legislative acts with the Constitution and already adopted laws, etc.
The composition of the distributed database, software and hardware of the system will become the basis of the Russian automated system of information and legal support.
IX. Stages of creating a system
Considering that the construction of a nationwide system of legal information must be carried out on the basis of the highest achievements of science and technology, the integration of existing means of communication and communication and the interface of various systems of legal information, the functions of the lead executor can only be assigned to an organization with a strong scientific and technical potential in combination with developed means of communication. Such an organization is the Federal Agency for Government Communications and Information under the President of the Russian Federation (FAPSI).
Acceptance of works will be carried out by a specially created expert commission.
In addition, a general agreement should be signed between the central authorities and administration - the holders of standard banks of normative acts for the organization of information and legal exchange.
The stages of creating the system are determined taking into account the interests of users of different levels, available backlogs and financial resources, the possibility of a phased issuance of intermediate practical results and are specified by the Russian Legal Informatization Program. The terms of work should be linked to the stages of creating an integrated telecommunications environment (ITCS).
Stage 1 (1993 - the first half of 1994) - the creation of a launch complex of the system, including an experimental zone of the information and communication environment according to the X.25 standard, combining user equipment for users of higher authorities and high-performance universal computers located in STC "Sistema", functional servers and database servers designed to store legal information.
At the same stage, the interaction of the STC "System" with the regions is being worked out, the information fund of the system is being built up and applied tasks are being developed.
To ensure the performance of the specified work on the creation of the launch complex of the system, the software and hardware of the packet switching network, the software and hardware of functional servers and database servers, and network protection and management tools are being developed within the same time frame.
Stage 2 (1994 - 1995) - formation of an information and telecommunication environment with the inclusion of regional nodes of legal information, integrated databases of regions. Interaction with information systems of law-making bodies, ministries and departments is provided, networks of subscriber points are formed in the regions. A prerequisite for the interstate exchange of information and legal resources is being created.
Stage 3 (1996 - 2000) - the development of a nationwide legal system covering all the republics, territories, regions of Russia, the creation of regional subscriber networks that provide information and legal services to citizens and organizations.
Nationwide territorially distributed legal
the system, in addition to its direct purpose, will rationally and
effectively solve the problem of information exchange
state structures, which, in turn, will increase
efficiency, the degree of validity and correctness of the accepted
decisions on the regulation of various spheres of public life.
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DISCIPLINE: "SOCIAL INFORMATICS"
TOPIC: "The concept of informatization of the Russian Federation"
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Content
- Introduction
- 2. Information policy
- Conclusion
Introduction
The development of any human society requires material, instrumental, energy and information resources. The present time is a period characterized by an unprecedented growth in the volume of information flows. This applies to both the economy and the social sphere. The greatest growth in the volume of information is observed in industry, trade, financial and banking and educational spheres. For example, in industry, the growth in the volume of information is due to an increase in the volume of production, the complication of manufactured products, the materials used, technological equipment, and the expansion, as a result of the concentration and specialization of production, of external and internal relations of economic objects. Information is a decisive factor determining the development of technology and resources in general. Market relations place increased demands on the timeliness, reliability, and completeness of information, without which effective marketing, financial, credit, and investment activities are inconceivable.
In recent decades, the world is undergoing a transition from an "industrial society" to an "information society". There is a change in the methods of production, the worldview of people, interstate relations. People are increasingly using such concepts as “information”, “informatization”, “information technologies”, etc.
But has society always been “informational”? There is an opinion that the world has gone through several information revolutions. The first information revolution is associated with the invention and mastery of the human language, which, more precisely, oral speech, singled out a person from the animal world. This allowed a person to store, transmit, improve to increase the acquired information. The second information revolution was the invention of writing. The knowledge recorded in written texts was limited, and therefore little accessible. This was before the invention of printing. What justified the third information revolution. Here, the connection between information and technology is most obvious. The mechanism of this revolution was the printing press, which made the book cheaper and made information more accessible.The fourth revolution, which smoothly passes into the fifth, is associated with the creation of modern information technologies (telegraph, telephone, radio, television).But the most striking thing was the creation of modern computers and environments. tv telecommunications.
For completeness of the disclosure of the topic, it is necessary to give several definitions:
Information - information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation.
Informatization is an organized socio-economic and scientific-technical process of creating optimal conditions for meeting information needs and exercising the rights of citizens, public authorities, local governments, organizations, public associations based on the formation and use of information resources.
Information resources - separate documents and separate arrays of documents, documents and arrays of documents in information systems.
Information system - an organizationally ordered set of documents, information technologies, including the use of computer technology and communications that implement information processes.
User of information - a subject applying to an information system or an intermediary to obtain the information he needs.
The level of development of the information space has a decisive influence on the economy, defense capability and politics. The behavior of people, the formation of socio-political movements and social stability largely depend on this level. The goals of informatization all over the world, including in Russia, are the most complete satisfaction of the information needs of society in all areas of activity.
In Russia, social and political restructuring, the formation of a market economy objectively led to the need for a significant change in information relations in society. Despite the recent significant expansion of the market for information services and products, information support of authorities government controlled, business entities and citizens remains at a low level.
The possibility of access to information, as a rule, is limited by its departmental affiliation and is often determined by the official position and social status of the consumer. The problem of access to geographically remote information resources has not been solved.
The majority of the population receives information in the traditional form - print media, radio, television.
Information and telecommunication systems function mainly in the interests of state authorities. This state of affairs leads to duplication of work, redundancy in the collection of primary information, an increase in the cost of development and operation of systems. In addition, departmental disunity makes it difficult to share and access information. Information services, resources and software products are extremely unevenly distributed throughout Russia, and they are mainly provided by regional centers. This distribution corresponds to the distribution of the main scientific and information centers of Russia and does not take into account the needs of the population and government. That is why the task of equalizing the information potential needs to be solved as soon as possible.
The domestic information industry should develop taking into account world achievements in the field of information technologies and means of telecommunication exchange. This will allow Russia to reach the world level of technical development.
As the practice of industrialized countries (USA, England, Japan) shows, solving the problem of the information industry, and, consequently, the informatization of society, is a global development goal and is associated with the country's entering a new level of civilization in the next millennium. Such purposeful activity is based on a long-term program to create an information support system for all consumers of information in the country, which provides them with the opportunity to use new information technologies based on the widespread use of information and computing resources and an automated communication system. In our country, this basis is network technologies - a fairly new and very rapidly developing area. Large-scale equipping of various enterprises and organizations with computers is carried out. Conditions are being created for free access of consumers to information stored in systems due to the organization of specialized workplaces for local computing systems.
1. Formation and use of information resources
The formation and use of information resources is one of the key problems of creating a single information space. AT general case information resources are formed as a result of the activities of both state authorities and state and non-state enterprises, scientific, educational and public organizations. They include information, knowledge, as well as linguistic means used to describe a specific subject area and to access information and knowledge.
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. Relations regarding the ownership of information resources are regulated by the civil legislation of the Russian Federation. The formation of state information resources is carried out by citizens, state authorities, local governments, organizations and public associations. Information resources can be a commodity, except as provided by the legislation of the Russian Federation. The owner of information resources enjoys all the rights provided for by the legislation of the Russian Federation. State information resources are formed in accordance with the areas of jurisdiction as:
federal information resources;
information resources that are jointly administered by the Russian Federation and the constituent entities of the Russian Federation;
information resources of subjects of the Russian Federation.
In the process of formation and use of information resources, collection, processing, storage, search and issuance of information on requests or regulations are carried out. According to the forms of ownership, information resources are divided into:
state;
interstate;
non-state (including commercial);
mixed ownership.
The state policy in the field of formation of information resources and informatization is aimed at creating conditions for effective and high-quality information support for solving operational problems of socio-economic development. The main directions of state policy in the field of informatization are:
providing conditions for the development and protection of all forms of ownership of information resources;
formation and protection of information resources;
creation and development of federal and regional information systems and networks, ensuring their compatibility and interaction in a single information space of the Russian Federation;
creation of conditions for high-quality and effective information support of citizens, public authorities, local governments, organizations and public associations based on state information resources;
assistance in the formation of a market for information resources, services, information systems, technologies and means of their support;
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;
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 the field of information processes, informatization and information protection.
The work of the last decades to improve the information support of state authorities and administrations focused mainly on the creation of technical means, appropriate automated systems and networks designed to transmit and process information. However, despite some progress in the automation of information processes, the information needed by specialists and citizens is still sorely lacking.
Informatization of public authorities is still focused on improving the efficiency of their own activities, which has led to the creation of a significant number of departmental (sectoral) automated (local and territorial) information and control systems, intended, as a rule, to meet the information needs of a limited circle of users. The introduction of new information technologies did not give the expected effect. It is necessary to form a single information space in Russia, which will significantly increase the efficiency of the functioning of all branches of government by increasing the level of information support for their activities, using all the accumulated information to solve complex problems of managing society.
With all the shortcomings, the information and control systems of public authorities can serve as a basis that will ensure the formation of state information resources.
This requires the solution of complex organizational and technical issues related to ensuring the coordinated formation and maintenance of state information resources by ministries and departments, which will significantly reduce the cost of their formation. This applies primarily to organizations such as:
State Committee of the Russian Federation on Statistics;
Federal Service of Russia for Hydrometeorology and Environmental Monitoring;
Committee of the Russian Federation for Geology and Subsoil Use;
State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation;
Ministry of Environmental Protection and Natural Resources of the Russian Federation;
Federal Employment Service of Russia;
State Customs Committee of the Russian Federation;
State Committee of the Russian Federation for State Property Management;
State Tax Service of the Russian Federation, etc.
As well as all organizations and citizens of the Russian Federation. It is these departments that can make a decisive contribution to the formation of state information resources. The task is to determine such a procedure for interaction between ministries and departments that will ensure the effective use of the information already at their disposal, the means of its processing and dissemination.
A serious problem in the formation of the rule of law is the provision of legal and natural persons with legal information. This information should be commented, brought closer to the user, and the procedure for obtaining it should be extremely simplified. Here, a special role belongs to the State Legal Department of the President of the Russian Federation and the Ministry of Justice of the Russian Federation, which are responsible for the formation of information funds of legal information and organization of access to them by organizations and citizens, as well as the Ministry of Culture of the Russian Federation, "under the patronage" of which there is a network of libraries, directly serving the population.
State information resources of the Russian Federation are open and publicly available, with the exception of those classified by law as restricted access. Public information includes:
legislative and other normative acts establishing the legal status of public authorities, local governments, organizations, public associations, as well as the rights and obligations of citizens;
documents containing information about emergency situations ... necessary to ensure the safe functioning of settlements, production facilities and the population as a whole;
documents containing information on the activities of public authorities and local self-government bodies, on the use of budgetary funds and other resources, on the state of the economy, with the exception of information classified as state secrets;
documents accumulated in the open funds of libraries, archives, information systems of public authorities.
The pace of formation of information resources, improving access to them can be very negatively affected by insufficient information activity of the user environment. To increase the activity of users, it is necessary to develop a set of measures to improve the information and computer literacy of the population, including reading courses in educational institutions to master the skills of searching and using information, creating centers for free access to the global information systems of the world, conducting widespread propaganda on radio, television, and in the press , publication of relevant popular literature, etc.
In the course of the formation of market relations, a significant part of information resources is formed in the non-state sector of the economy, in which hundreds of organizations are already operating today - manufacturers of information products and organizations specializing in information services. Non-governmental organizations currently dominate the market for business and commercial information. Non-state structures are often significantly ahead of the state in cases where there is effective demand for certain types of information products and services. In this sector, databases and data banks are created, most often intended for use in the economic and social spheres; this is primarily financial, banking, exchange, commercial, as well as reference, cultural, historical and other types of information.
In the field of formation and use of information resources of the non-state sector of the economy, state policy should contribute to:
providing an opportunity for non-state structures to access state information resources in the prescribed manner;
access of citizens and organizations to non-state information resources;
expanding the scope of paid information services.
The state should provide special support to those non-state structures that are focused on information services for the mass user. Non-governmental organizations should be allowed to participate in the formation and use of state information resources and in the provision of information services based on them, if they have an appropriate state license.
State information resources include:
resources created to ensure the activities of public authorities and generated as a result of this activity;
resources created by non-governmental organizations on orders and in the interests of public authorities.
Ensuring work on the creation of state information resources should be entrusted to the relevant state authorities acting as state customers of informatization systems, which should be responsible for organizing their formation, maintenance and access to them.
The procedure and rules for the interaction of state authorities in the formation and use of state information resources should be regulated by legislative acts that establish liability for concealment, inconsistency and unreliability of information. State and non-state information resources, in essence, should form a system of interconnected information resources using both traditional information technologies and information carriers, as well as automated databases and data banks. This system should be open to include information resources created as needed.
The most important stage in the formation of state policy is the determination of priorities for state information resources, which include:
legal information related to the construction of the rule of law;
information on the activities of public authorities, including budget expenditures, providing the possibility of democratic control of their activities;
information about emergencies, natural hazards and processes, environmental, sanitary and epidemiological, etc., necessary for the safe existence of citizens, the population as a whole, as well as production facilities;
open information about enterprises and organizations supplied by them in accordance with the law to state bodies;
information that constitutes the scientific potential and cultural heritage of the society (educational, scientific and technical, literary and artistic, museum, archival, etc.).
The formation and use of state information resources should be organized according to the principle of direct access. At the federal level, data banks operate and are created, which, as a rule, provide teleaccess to information. In this case, automated local and distributed information systems are used. In these data banks, it is necessary to ensure the selection from information resources of the open part of the information that relates to state information resources available to all organizations and citizens.
In the regions, information services for the population should be provided by a distributed network of libraries, specialized centers, agencies, etc., which should accumulate the information resources of a given territory, as well as information about the information resources of other territories and the procedure for accessing them. The information included in the state information resource should come to them in the form of publications, reports, etc.
As libraries are equipped with appropriate software and hardware, the use of machine-readable publications (such publications on compact discs seem to be especially promising) and work in the mode remote access. When developing a scheme for access to state information resources, it should be taken into account that commercial information centers and telecommunications networks, focused mainly on servicing financial and business structures. They can also be used to organize access to state information resources on contractual terms.
2. Information policy
So what is necessary for us to effectively use huge amounts of information to solve real problems - the informatization of society. Its implementation requires a special information policy implemented at the following levels:
state;
industry;
regional;
entrepreneurial;
household.
Like any policy, information policy is a special activity to achieve socially significant goals.
The state policy for the formation and development of a single information space in Russia and the corresponding state information resources should be carried out taking into account the interests of federal state authorities, authorities of the subjects of the federation, local governments, legal entities and individuals. It should take into account the possibilities of international cooperation in the field of information technologies, products and services, the real possibilities of the domestic information industry in a market economy.
The state policy in the field of information resources should provide for the solution of the following tasks:
providing conditions that guarantee the exercise of the constitutional rights of citizens to information, the satisfaction of their information needs;
creation of all necessary conditions to meet the information needs of public authorities and business entities;
establishing the procedure for the formation and use of information resources,
ensuring compatibility and interaction of informatization systems based on modern information technologies,
determination of state bodies responsible for maintaining individual information resources;
creation of an effective certification system for information technologies, products and services and licensing of information activities to ensure the required quality of information resources;
increasing the level of information literacy;
ensuring the completeness, accuracy, reliability and timeliness of the provision of information to organizations and citizens, regardless of their territorial location;
ensuring the comprehensive protection of information resources, the use of effective means and methods for ensuring the protection of information in a single information space of Russia.
creation of domestic modern information technologies and development of production, means for their implementation;
development of domestic production of modern systems and means of communication, telecommunication networks; assistance in the introduction of information technologies used in foreign information systems on a national and transnational scale;
training of qualified personnel for work in the field of informatization.
The state policy of improving the information infrastructure of Russia should take into account the significant territorial extent of the country, as well as the different levels of development of informatization in its individual regions. In conditions of limited budget allocations, it is advisable:
establish priorities for regional informatization;
determine the optimal means of communication and data transmission for each region, taking into account the expected information load and territorial remoteness of telecommunications entities (satellite communication channels, fiber optic communication lines, radio and radio relay, telephone, telegraph communication lines, etc.).
organize after-sales service for users using domestic technologies.
At the same time, domestic information industry enterprises should undertake the maintenance and development of informatization tools purchased by the user as new hardware and software products appear.
The state must ensure the most rapid development of all communication systems, primarily telecommunications, based on progressive information technology. Development of modern communication systems - fiber optic, satellite, radio relay, etc. - a necessary condition for improving public administration, developing market structures, a normal credit and financial system, etc. In the conditions of the vast size of the territory of Russia, the presence good systems communication is the first condition for economic development. Creation of a telex system, e-mail, etc. could allow with minimal losses to solve a huge number of transport, energy, management and other problems.
On the basis of communication systems created by national, regional, international and commercial structures, informatization of public authorities can be carried out. It involves computerization, automated information processing and automated decision support at the level of the Administration of the President of the Russian Federation, the government, the legislative body, as well as ministries and departments. Develops and implements activities to ensure compliance of information technology products and solutions sold and manufactured in Russia with the highest international standards. To create conditions for the development of informatization in the information industry is the main task of state bodies that develop and implement the information policy of Russia.
The center of gravity in Russian information policy is shifting to the sphere of regional information policy. This displacement has deep social, political, economic and historical foundations.
The solution of almost all social and economic problems rests on the underdevelopment of the telecommunications system and the lack of necessary information. The biggest lack of information exists not at the level of central governments, but at the level of regional governments, since the creation of basic information resources and their management is carried out from the center. The time and cost factors of information are decisive, and the mass nature of information services and the availability of technical programs and tools can best be provided at the regional level, so the regional information policy becomes the main means contributing to the development of Russia.
Information policy as a whole, as a system of individual policies, cannot be formed in isolation from the socio-economic strategy. If the strategy of a society involves its rapid modernization, protection of human rights, creation of a modern and developed economy, then the formation of information policies should be based on the undoubted priority of information policy focused on meeting the real needs of the regions and the people living there.
3. Single information space
A single information space is a set of databases and data banks, technologies for their maintenance and use, information and telecommunication systems and networks operating on the basis of common principles and according to general rules that ensure information interaction between organizations and citizens, as well as satisfaction of their information needs. A significant role in the formation of a single information space is assigned to the creation of a nationwide telecommunications network of the country, which will allow to combine various networks, systems and complexes of communication facilities, providing consumers with access to the relevant geographically distributed information resources, information exchange in data transmission and e-mail modes.
For example, the World Wide Web is the Internet. In other words, a single information space consists of the following main components:
information resources containing data, information and knowledge recorded on the relevant information carriers;
organizational structures that ensure the functioning and development of a single information space, in particular, the collection, processing, storage, dissemination, search and transmission of information;
means of information interaction between citizens and organizations, providing them with access to information resources based on appropriate information technologies, including software and hardware and organizational and regulatory documents.
The main political and economic aspect of the formation of a single information space in Russia is to overcome the information monopoly of managerial and commercial structures on open information resources. Legal support for the openness of state information resources is a necessary prerequisite for ensuring the integration of the single information space of Russia with the European and world information space.
The goals of the formation and development of a single information space in Russia are:
ensuring the rights of citizens to information proclaimed by the Constitution of the Russian Federation;
creation and maintenance of the necessary for sustainable development
providing the possibility of control by citizens and public organizations over the activities of federal state authorities, authorities of the constituent entities of the Federation and local governments;
increasing the business and social activity of citizens by providing equal opportunities with state structures to use open scientific, technical, socio-economic, socio-political information, as well as information funds in the fields of education, culture, etc.
The formation and development of a single information space in Russia and the corresponding state information resources is an intersectoral and interregional problem. It requires the solution of complex organizational and technical and technological issues, significant costs and cannot be solved at once.
The formation and development of a single information space in Russia involves, first of all, ensuring prompt access to available information resources and carrying out work to include them in a single information space. Newly formed information resources included in a single information space should be legally available to public authorities, economic entities to citizens.
The operating and currently being developed information and control systems of individual federal authorities and authorities of the constituent entities of the Federation, departmental and interdepartmental territorially distributed systems and networks for collecting, processing and disseminating information can serve as the basis for the introduction of new information technologies. They should provide the basis for the formation of a single information space in Russia and guarantee the pairing of new information technology tools with traditional means of disseminating information and organizing access to it: print and electronic media, magazines and books, libraries and archives, mail, telegraph, etc.
The current state of Russia's information space prevents its equal inclusion in the world information community. Separate components of a single information space are developing in Russia. Work is carried out within the framework federal programs, programs of subjects of the federation and local governments. The Committee for Informatization Policy under the President of the Russian Federation has prepared a draft federal target program "Informatization of Russia", which provides for the implementation of a large amount of work to create informatization systems for various purposes.
In order to coordinate the efforts of all public authorities in solving the problem of the formation and development of a single information space in Russia, it is necessary to develop a set of organizational measures, which should provide for the establishment of a procedure for determining the main indicators and stages of the formation and development of a single information space, the order of development of legislative acts and regulations, including among the standards that define the functions and rules of interaction between the subjects of this space, stimulating individuals and legal entities to actively form and use information resources. The set of measures should include measures that ensure the promotion of the goals, objectives and capabilities of a single information space, training citizens in the basics of information literacy. This will activate the appeal of citizens and society to information resources, accelerate the development of the country's information infrastructure, streamline the market for information resources, technologies and services.
The formation of the information space in Russia in the interests of public authorities should be aimed at combining and developing existing information and analytical resources designed to ensure their effective management activities. The basis of the information space of public authorities should be information and telecommunication systems capable of providing information support both in the field of economic management and in the field of security of the individual, society, state.
The legal basis of the single information space is designed to regulate relations between producers and consumers of information, to ensure the coordination of actions of state authorities in the single information space and to guarantee the observance of the constitutional rights and freedoms of citizens and organizations.
In a single information space, legislation should be aimed at ensuring:
observance of the constitutional right of everyone "freely to seek, receive, transmit, produce and distribute information in any legal way" (Constitution of the Russian Federation, article p. 4);
opportunities for control by citizens and public organizations over the activities of public authorities;
protection of copyright and property rights to and information resources, information technologies and means of their provision;
formation and use of information resources in conditions of equality of all forms of ownership, by creating an information market and a competitive environment, conducting state antimonopoly policy;
responsibility of the subjects of a single information space for offenses in the formation of information resources and their use, in particular, the personal responsibility of the heads of public authorities for the quality of the formation of state information resources and access to them;
consistency of decisions of state authorities in the field of creation and use of a single information space;
close information interaction with the CIS member countries and active information exchange in the system of international cooperation;
information security.
Thus, the legislative support for the formation and development of a single information space (information legislation) should regulate the entire range of social relations related to information, its production, distribution and use.
The goals, objectives and principles of legislative support, formation and development of a single information space are set out in the Decree of the President of the Russian Federation of April 23, 1993 No. N477 "Concepts of legal informatization of Russia".
A single information space affects all spheres of activity in society, covers all regions and territories of the country. Therefore, the norms of the law of information legislation are present in most legislative acts of the Russian Federation.
International experience confirms the relevance of information security problems for ensuring the national security of any state. Information interaction of subjects in a single information space, along with legal support, requires the adoption of organizational and technical measures to protect information. These measures should include:
prevention of leakage, loss and forgery of information;
prevention of a threat to the information security of an individual, society, state;
prevention of unauthorized actions to destroy, modify, distort, copy, block information;
prevention of other forms of unlawful interference in information resources and information systems, ensuring the legal regime of information and documentation as an object of property;
ensuring the rights of economic entities in information processes and in the development, production and application of information systems, information technologies and means of their support;
training of personnel and their education for the creation of information security services in federal and regional systems;
The rules of organizational interaction between the subjects of a single information space should ensure the implementation of laws, the preservation of state and commercial secrets. These rules should be regulated by legislation and by-laws.
Violations of the established rules of conduct in a single information space can lead to the disclosure of state or commercial secrets, to the infliction of material or moral damage to individuals or legal entities, as well as to infringement of the rights of citizens to access information resources. To prevent such violations, legal support should be supplemented with rules providing for liability for unauthorized actions, including criminal liability.
The actions of state authorities in all areas of creating a single information space should be regulated by legislation that defines the rights and obligations of federal state authorities, authorities of subjects of the federation and local governments to create state information resources and organize access to them, as well as a system of standardization and unification forms of documents, classifiers, information technology tools, communication protocols and other informatization tools.
The state information register, which will contain descriptions of information arrays, databases and other types of information resources created at the expense of the budget, should become an all-Russian tool for accounting for state information resources. The use of the State Information Register will significantly reduce the cost of creating and maintaining state information resources.
The complexity of carrying out work on standardization and certification of informatization tools and systems at the present stage is especially necessary for the formation and development of a single information space in Russia. Work on standardization should be carried out within the framework of a single program for the creation of a regulatory, instrumental and methodological base for certification of means and systems of informatization. This program should provide for the development of a set of basic and functional standards that are mandatory for use in the formation and use of state information resources and informatization of public authorities. The basis of the set of standards should be international and state standards and other regulations. These documents should serve as the basis for the requirements for informatization tools and systems at all stages of their development. life cycle, quality control, testing and certification as the means and systems of informatization.
The formation and implementation of this program is an important form of organizing the interaction of public authorities in the implementation of state policy in the field of informatization and the development of the components of a single information space in Russia.
A fundamental feature of the formation and development of a single information space in Russia is the need to establish a strict technological discipline mandatory for all in the formation of state information resources.
The unified information space of Russia should become an essential component of the world information space. This requires Russia's cooperation in the field of informatization with other countries and international organizations.
In order to quickly and significantly reduce Russia's dependence on funds purchased abroad and produced in the country under import licenses, programs and work plans carried out within the framework of international cooperation should be linked to programs for the development of the domestic industry of new information technologies. They should provide for the coordination of international relations between federal state authorities and authorities of the constituent entities of the Russian Federation. In doing so, it is necessary to provide:
use of the organizational and technical experience of advanced countries;
use of foreign information for the formation of domestic information resources;
organizing the export of domestic information resources;
ensuring the possibility of access for Russian legal entities and individuals to information resources of the developed countries of the world;
introduction of international standards regulating the forms of information presentation, communication protocols and communications to ensure the entry of users from their terminal devices into international communication and telecommunications systems;
ensuring the participation of Russia as a full member in international programs and projects related to the formation of the global information space,
creation of new information technologies and informatization of applied areas of world cooperation (creation and use of world systems of banking information, scientific and technical information, etc.);
ensuring participation in the work of international organizations in the development of documents related to legislative, legal and regulatory regulation in the field of creation and development of information resources, information technology tools, telecommunications and communications systems, informatization systems;
the possibility of concluding contracts with foreign firms for the purchase of new information technologies that ensure the sustainable development of a single information space in Russia;
Work on the formation and development of a single information space in Russia is currently being carried out by federal state authorities, authorities of the constituent entities of the Russian Federation and municipal authorities under programs that affect individual components of this space. The most general of these programs is the federal target program "Informatization of Russia", developed by the Committee under the President of the Russian Federation on informatization policy together with interested federal ministries, departments and administrations of the subjects of the federation. As emphasized above, the formation and development of a single information space is the main goal of implementing the state policy in the field of informatization in Russia. Therefore, it is advisable to entrust the development of this set of measures to the Committee under the President of the Russian Federation on Informatization Policy with the involvement of interested state authorities, enterprises, organizations and socio-political associations.
In order to coordinate work on the formation and development of a single information space, it is necessary to create federal and regional informatization centers. These centers can also perform the functions of the state information register at the appropriate level and carry out work on information and reference services for legal entities and individuals, certification of systems and their elements, licensing information activities. The total costs for the formation and development of a single information space in Russia will be made up of the costs of development programs for individual areas and components of this space.
As the sphere of commercial information services develops, the privatization of enterprises producing new information technologies, as well as the demonopolization and privatization of communication and telecommunications enterprises, a competitive environment and a powerful private sector of the information industry will be created in the country, which will provide the vast majority of investments in the development of a single information space in Russia .
State support for privatized enterprises and new commercial structures should be expressed in the purchase of information technology equipment, communication services and information services for the needs of state institutions on preferential terms.
It is necessary to develop a financing procedure for certain areas of the development of a single information space in Russia, such as the development federal systems informatization, the development of informatization systems of the subjects of the Russian Federation, the formation of state information resources for wide use, the development of communication systems, the development and maintenance of the network of state depositories, etc.
Sources and amounts of funding for each program for the development of the components of a single information space should be determined by the customer of this program in agreement with state customers in the areas of development.
Conclusion
Despite the difficulties of the transition period in the country's economy, work on the formation of a single information space in Russia in a short time must be started as soon as possible, because without the creation of priority state information resources (legal information, information about legal entities, information about the activities of state authorities and some other types of information resources) available to all legal entities and individuals, building a legal democratic state in Russia with a developed market economy turns out to be problematic.
The priority actions of the state in the formation and development of a single information space in Russia should be:
Appointment of state customers in the most important areas of development of the unified information space of Russia on the proposal of state authorities.
Creation of intersectoral, interregional and regional councils for the formation and use of state information resources created in the Administration of the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Supreme Court of the Russian Federation and in the authorities of the subjects of the federation.
Determination of priorities for the types of state information resources to which access is guaranteed to all citizens of Russia.
Determination of organizations - depositories of state information resources in the subjects of the federation and in local governments.
Determining the list and ensuring the development of priority legislative and regulatory acts that create the legal basis for the formation and development of a single information space in Russia, defining the requirements for the standardization of technological processes and certification of hardware, software and information products.
Development of draft programs by state customers in the directions of development of the unified information space of Russia assigned to them.
Organization of a broad discussion of the problems of formation and development of a single information space in Russia with the involvement of the media.
Holding competitions for the best proposals concerning the development of certain areas of the single information space and information technologies.
Development of curricula and manuals for teaching Russian citizens the basics of information and legal literacy.
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6. Rakitov A.I. Russia in the global information process and regional information policy // Problems of Informatization. - M.: 1993. Issue 1-2.
7. Economic informatics and computer technology: Textbook / Ed. Kosareva V.P., Koroleva A.Yu. - M.: Finance and statistics, 1996.336 p.
8. About information, informatization and information protection. Federal Law of February 20, 1995 No. 24-F3.
9. Decree of the President of the Russian Federation "Issues of the activities of the Committee under the President of the Russian Federation on Informatization Policy" dated February 17, 1994. N328;
10. Decree of the President of the Russian Federation "Issues of the formation of a single information and legal space of the Commonwealth of Independent States" of December 27, 1993 N2293;
11. Decree of the President of the Russian Federation "On Additional Guarantees of the Right of Citizens to Information" of December 31, 1993 N2334;
12. Decree of the President of the Russian Federation "On the improvement of activities in the field of informatization of state authorities of the Russian Federation" dated February 21, 1994. N361;
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Changes and amendments
Adopted by the State Duma on July 8, 2006
Approved by the Federation Council on July 14, 2006
Article 1 Scope of this Federal Law
1. This Federal Law governs relations arising from:
1) exercising the right to search, receive, transfer, produce and disseminate information;
2) application of information technologies;
3) ensuring the protection of information.
2. The provisions of this Federal Law do not apply to relations arising from the legal protection of the results of intellectual activity and equivalent means of individualization.
Article 2 Basic concepts used in this Federal Law
The following basic concepts are used in this Federal Law:
1) information - information (messages, data) regardless of the form of their presentation;
2) information technologies - processes, methods of searching, collecting, storing, processing, providing, disseminating information and methods for implementing such processes and methods;
3) information system - a set of information contained in databases and information technologies and technical means that ensure its processing;
4) information and telecommunications network - a technological system designed to transmit information over communication lines, access to which is carried out using computer technology;
5) the owner of information - a person who independently created information or received, on the basis of a law or an agreement, the right to allow or restrict access to information determined by any signs;
6) access to information - the possibility of obtaining information and its use;
7) confidentiality of information - a mandatory requirement for a person who has gained access to certain information not to transfer such information to third parties without the consent of its owner;
8) provision of information - actions aimed at obtaining information by a certain circle of persons or transferring information to a certain circle of persons;
9) dissemination of information - actions aimed at obtaining information by an indefinite circle of persons or transferring information to an indefinite circle of persons;
10) electronic message - information transmitted or received by the user of the information and telecommunications network;
11) documented information - information fixed on a material carrier by documenting information with details that make it possible to determine such information or, in cases established by the legislation of the Russian Federation, its material carrier;
12) information system operator - a citizen or legal entity engaged in the operation of an information system, including the processing of information contained in its databases.
Article 3. Principles of legal regulation of relations in the field of information, information technologies and information protection
Legal regulation of relations arising in the field of information, information technology and information protection is based on the following principles:
1) freedom to search, receive, transfer, produce and distribute information in any legal way;
2) establishment of restrictions on access to information only by federal laws;
3) openness of information about the activities of state bodies and local governments and free access to such information, except in cases established by federal laws;
4) equality of languages of the peoples of the Russian Federation in the creation of information systems and their operation;
5) ensuring the security of the Russian Federation in the creation of information systems, their operation and protection of the information contained in them;
6) reliability of information and timeliness of its provision;
7) inviolability of private life, the inadmissibility of collecting, storing, using and disseminating information about the private life of a person without his consent;
8) the inadmissibility of establishing by regulatory legal acts any advantages of using some information technologies over others, unless the obligation to use certain information technologies for the creation and operation of state information systems is established by federal laws.
Article 4 Legislation of the Russian Federation on information, information technologies and information protection
1. The legislation of the Russian Federation on information, information technologies and information protection is based on the Constitution of the Russian Federation, international treaties of the Russian Federation and consists of this Federal Law and other federal laws regulating relations on the use of information.
2. Legal regulation of relations connected with the organization and activities of mass media is carried out in accordance with the legislation of the Russian Federation on mass media.
3. The procedure for the storage and use of documented information included in the archival funds is established by the legislation on archiving in the Russian Federation.
Article 5 Information as an object of legal relations
1. Information may be an object of public, civil and other legal relations. Information can be freely used by any person and transferred by one person to another person, unless federal laws establish restrictions on access to information or other requirements for the procedure for its provision or distribution.
2. Information, depending on the category of access to it, is divided into public information, as well as information, access to which is limited by federal laws (restricted access information).
3. Information, depending on the procedure for its provision or distribution, is divided into:
1) information freely distributed;
2) information provided by agreement of the persons participating in the relevant relationship;
3) information that, in accordance with federal laws, is subject to provision or dissemination;
4) information whose dissemination in the Russian Federation is restricted or prohibited.
4. The legislation of the Russian Federation may establish types of information depending on its content or owner.
Article 6 Information holder
1. The owner of information may be a citizen (individual), a legal entity, the Russian Federation, a subject of the Russian Federation, a municipality.
2. On behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation, the powers of the information holder shall be exercised, respectively, by state bodies and local self-government bodies within the limits of their powers established by the relevant regulatory legal acts.
3. The owner of information, unless otherwise provided by federal laws, has the right to:
1) allow or restrict access to information, determine the procedure and conditions for such access;
2) use the information, including disseminating it, at their own discretion;
3) transfer information to other persons under an agreement or on another basis established by law;
4) protect their rights by means established by law in case of illegal receipt of information or its illegal use by other persons;
5) carry out other actions with information or permit the implementation of such actions.
4. When exercising his rights, the owner of information is obliged to:
1) observe the rights and legitimate interests of other persons;
2) take measures to protect information;
3) restrict access to information if such obligation is established by federal laws.
Article 7 public information
1. Publicly available information includes well-known information and other information, access to which is not limited.
2. Publicly available information may be used by any persons at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information.
3. The owner of information that has become publicly available by his decision has the right to demand that persons distributing such information indicate themselves as the source of such information.
Article 8 Right to access information
1. Citizens (individuals) and organizations (legal entities) (hereinafter referred to as organizations) have the right to search for and receive any information in any form and from any source, subject to the requirements established by this Federal Law and other federal laws.
2. A citizen (individual) has the right to receive from state bodies, local self-government bodies, their officials, in accordance with the procedure established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.
3. The organization has the right to receive from state bodies, local self-government bodies information directly related to the rights and obligations of this organization, as well as information necessary in connection with interaction with these bodies in the implementation of this organization's statutory activities.
4. Access cannot be restricted to:
1) normative legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing legal status organizations and powers of state bodies, local self-government bodies;
2) information about the state of the environment;
3) information on the activities of state bodies and local self-government bodies, as well as on the use of budgetary funds (with the exception of information constituting a state or official secret);
4) information accumulated in the open funds of libraries, museums and archives, as well as in state, municipal and other information systems created or intended to provide citizens (individuals) and organizations with such information;
5) other information, the inadmissibility of restricting access to which is established by federal laws.
5. State bodies and local self-government bodies are obliged to provide access to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation in accordance with federal laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of local self-government bodies. A person wishing to gain access to such information is not obliged to substantiate the need to obtain it.
6. Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access information may be appealed to a higher authority or a higher official or to a court.
7. If, as a result of unlawful refusal of access to information, untimely provision of it, provision of information known to be unreliable or inconsistent with the content of the request, losses were caused, such losses are subject to compensation in accordance with civil law.
8. Information is provided free of charge:
1) on the activities of state bodies and local self-government bodies, posted by such bodies in information and telecommunication networks;
2) affecting the rights and obligations of the interested person established by the legislation of the Russian Federation;
3) other information prescribed by law.
9. Establishing a fee for the provision by a state body or local self-government body of information about its activities is possible only in cases and under the conditions established by federal laws.
Article 9 Restriction of access to information
1. Restriction of access to information is established by federal laws in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.
2. It is mandatory to maintain the confidentiality of information, access to which is limited by federal laws.
3. The protection of information constituting a state secret is carried out in accordance with the legislation of the Russian Federation on state secrets.
4. Federal laws establish the conditions for classifying information as information constituting a commercial secret, official secret and other secret, the obligation to maintain the confidentiality of such information, as well as responsibility for its disclosure.
5. Information received by citizens (individuals) in the performance of their professional duties or organizations in the course of their certain types activity (professional secret) is subject to protection in cases where federal laws impose obligations on these persons to maintain the confidentiality of such information.
6. Information constituting a professional secret may be provided to third parties in accordance with federal laws and (or) by a court decision.
7. The term for fulfilling the obligation to maintain the confidentiality of information constituting a professional secret may be limited only with the consent of the citizen (individual) who provided such information about himself.
8. It is prohibited to demand from a citizen (individual) to provide information about his private life, including information constituting a personal or family secret, and to receive such information against the will of the citizen (individual), unless otherwise provided by federal laws.
9. The procedure for access to personal data of citizens (individuals) is established by the federal law on personal data.
Article 10 Dissemination of information or provision of information
1. In the Russian Federation, the dissemination of information is carried out freely subject to the requirements established by the legislation of the Russian Federation.
2. Information disseminated without the use of mass media must include reliable information about its owner or about another person disseminating information in the form and to the extent that are sufficient to identify such a person.
3. When using for the dissemination of information means that allow you to determine the recipients of information, including postal items and electronic messages, the person disseminating information is obliged to provide the recipient of information with the opportunity to refuse such information.
4. The provision of information is carried out in the manner established by the agreement of the persons participating in the exchange of information.
5. Cases and conditions for the mandatory dissemination of information or the provision of information, including the provision of mandatory copies of documents, are established by federal laws.
6. It is prohibited to disseminate information that is aimed at propaganda of war, incitement of national, racial or religious hatred and enmity, as well as other information, the dissemination of which provides for criminal or administrative liability.
Article 11 Documentation of information
1. The legislation of the Russian Federation or by agreement of the parties may establish requirements for documenting information.
2. Documentation of information in federal executive bodies is carried out in the manner established by the Government of the Russian Federation. The rules for office work and document flow established by other state bodies, local governments within their competence must comply with the requirements established by the Government of the Russian Federation in terms of office work and document flow for federal executive bodies.
3. An electronic message signed with an electronic digital signature or other analogue of a handwritten signature is recognized as an electronic document equivalent to a document signed with a handwritten signature, in cases where federal laws or other regulatory legal acts do not establish or imply a requirement to draw up such a document on paper .
4. For the purpose of concluding civil law contracts or formalizing other legal relations involving persons exchanging electronic messages, the exchange of electronic messages, each of which is signed by an electronic digital signature or other analogue of the sender's handwritten signature of such a message, in the manner prescribed by federal laws, other regulatory legal acts or agreement of the parties is considered as an exchange of documents.
5. The right of ownership and other property rights to material media containing documented information are established by civil law.
Article 12 State regulation in the field of information technology application
1. State regulation in the field of application of information technologies provides for:
1) regulation of relations related to the search, receipt, transmission, production and dissemination of information using information technologies (informatization), based on the principles established by this Federal Law;
2) development of information systems for various purposes to provide citizens (individuals), organizations, state bodies and local governments with information, as well as ensuring the interaction of such systems;
3) creation of conditions for the effective use of information and telecommunication networks in the Russian Federation, including the Internet and other similar information and telecommunication networks.
2. State bodies, local self-government bodies in accordance with their powers:
1) participate in the development and implementation of targeted programs for the use of information technologies;
2) create information systems and provide access to the information contained in them in Russian and the state language of the corresponding republic within the Russian Federation.
Article 13 Information Systems
1. Information systems include:
1) state information systems - federal information systems and regional information systems created on the basis of federal laws, laws of the constituent entities of the Russian Federation, respectively, on the basis of legal acts of state bodies;
2) municipal information systems created on the basis of a decision of a local government body;
3) other information systems.
2. Unless otherwise established by federal laws, the information system operator is the owner of the technical means used to process the information contained in the databases, who lawfully uses such databases, or the person with whom this owner has entered into an agreement on the operation of the information system.
3. The rights of the owner of information contained in the databases of the information system shall be subject to protection regardless of copyright and other rights to such databases.
4. The requirements for state information systems established by this Federal Law shall apply to municipal information systems, unless otherwise provided by the legislation of the Russian Federation on local self-government.
5. Features of the operation of state information systems and municipal information systems can be established in accordance with technical regulations, regulatory legal acts of state bodies, regulatory legal acts of local governments that make decisions on the creation of such information systems.
6. The procedure for the creation and operation of information systems that are not state information systems or municipal information systems is determined by the operators of such information systems in accordance with the requirements established by this Federal Law or other federal laws.
Article 14 State information systems
1. State information systems are created for the purpose of exercising the powers of state bodies and ensuring the exchange of information between these bodies, as well as for other purposes established by federal laws.
2. State information systems are created taking into account the requirements provided for by the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."
3. State information systems are created and operated on the basis of statistical and other documented information provided by citizens (individuals), organizations, state bodies, local governments.
4. Lists of types of information provided on a mandatory basis are established by federal laws, the conditions for its provision - by the Government of the Russian Federation or the relevant state bodies, unless otherwise provided by federal laws.
5. Unless otherwise established by the decision on the creation of the state information system, the functions of its operator are carried out by the customer who has concluded government contract to create such an information system. At the same time, the commissioning of the state information system is carried out in the manner established by the specified customer.
6. The Government of the Russian Federation has the right to establish mandatory requirements for the procedure for commissioning individual state information systems.
7. It is not allowed to operate the state information system without proper registration of rights to use its components that are objects intellectual property.
8. Technical means intended for processing information contained in state information systems, including software and hardware means and means of protecting information, must comply with the requirements of the legislation of the Russian Federation on technical regulation.
9. Information contained in state information systems, as well as other information and documents at the disposal of state bodies, are state information resources.
Article 15 Use of information and telecommunication networks
1. On the territory of the Russian Federation, the use of information and telecommunication networks is carried out in compliance with the requirements of the legislation of the Russian Federation in the field of communications, this Federal Law and other regulatory legal acts of the Russian Federation.
2. Regulation of the use of information and telecommunication networks, access to which is not limited to a certain circle of persons, is carried out in the Russian Federation, taking into account the generally accepted international practice of the activities of self-regulatory organizations in this area. The procedure for using other information and telecommunication networks is determined by the owners of such networks, taking into account the requirements established by this Federal Law.
3. The use on the territory of the Russian Federation of information and telecommunication networks in economic or other activities cannot serve as a basis for establishing additional requirements or restrictions regarding the regulation of the said activity carried out without the use of such networks, as well as for non-compliance with the requirements established by federal laws.
4. Federal laws may provide for mandatory identification of a person, organizations using an information and telecommunications network in the course of entrepreneurial activities. At the same time, the recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, is obliged to conduct such a check.
5. The transfer of information through the use of information and telecommunication networks is carried out without restrictions, subject to the requirements established by federal laws for the dissemination of information and the protection of intellectual property. The transfer of information may be limited only in the manner and on the terms established by federal laws.
6. Features of connecting state information systems to information and telecommunication networks may be established by a regulatory legal act of the President of the Russian Federation or a regulatory legal act of the Government of the Russian Federation.
Article 16 Data protection
1. Information security is the adoption of legal, organizational and technical measures aimed at:
1) ensuring the protection of information from unauthorized access, destruction, modification, blocking, copying, provision, distribution, as well as from other illegal actions in relation to such information;
2) compliance with the confidentiality of restricted access information,
3) realization of the right to access to information.
2. State regulation of relations in the field of information protection is carried out by establishing requirements for information protection, as well as liability for violation of the legislation of the Russian Federation on information, information technologies and information protection.
3. Requirements for the protection of public information may be established only to achieve the goals specified in clauses 1 and 3 of part 1 of this article.
4. The owner of information, the operator of the information system, in cases established by the legislation of the Russian Federation, are obliged to ensure:
1) prevention of unauthorized access to information and (or) its transfer to persons who do not have the right to access information;
2) timely detection of facts of unauthorized access to information;
3) prevention of the possibility of adverse consequences of violation of the procedure for access to information;
4) prevention of impact on the technical means of information processing, as a result of which their functioning is disrupted;
5) the possibility of immediate recovery of information modified or destroyed due to unauthorized access to it;
6) constant monitoring of ensuring the level of information security.
5. Requirements for the protection of information contained in state information systems are established by the federal executive body in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection information within the scope of their powers. When creating and operating state information systems, the methods and means of protecting information used to protect information must comply with the specified requirements.
6. Federal laws may establish restrictions on the use of certain means of information protection and the implementation of certain types of activities in the field of information protection.
Article 17 Responsibility for offenses in the field of information, information technology and information protection
1. Violation of the requirements of this Federal Law entails disciplinary, civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.
2. Persons whose rights and legitimate interests have been violated in connection with the disclosure of restricted information or other unlawful use of such information, have the right to apply in accordance with the established procedure for judicial protection of their rights, including claims for damages, compensation for moral damage, protection honor, dignity and business reputation. A claim for damages cannot be satisfied if it is presented by a person who did not take measures to maintain the confidentiality of information or who violated the information protection requirements established by the legislation of the Russian Federation, if the adoption of these measures and compliance with such requirements were the duties of this person.
3. If the dissemination of certain information is restricted or prohibited by federal laws, the person providing the services shall not bear civil liability for the dissemination of such information:
1) either on the transfer of information provided by another person, provided that it is transferred without changes and corrections;
2) either for storing information and providing access to it, provided that this person could not know about the illegality of dissemination of information.
Article 18
From the date of entry into force of this Federal Law, to recognize as invalid:
1) Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Information Protection" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, N 8, Art. 609);
2) Federal Law No. 85-FZ of July 4, 1996 "On Participation in International Information Exchange" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 28, Art. 3347);
3) Article 16 of Federal Law No. 15-FZ of January 10, 2003 "On the Introduction of Amendments and Additions to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On Licensing Certain Types of Activities" (Collected Legislation of the Russian Federation, 2003, No. 2 , item 167);
4) Article 21 of the Federal Law of June 30, 2003 N 86-FZ "On the introduction of amendments and additions to certain legislative acts of the Russian Federation, the recognition of certain legislative acts of the Russian Federation as invalid, the provision of certain guarantees to employees of internal affairs bodies, bodies for controlling turnover narcotic drugs and psychotropic substances and the abolished federal bodies of the tax police in connection with the implementation of measures to improve public administration" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, No. 27, art. 2700);
5) Article 39 of the Federal Law of June 29, 2004 N 58-FZ "On Amendments to Certain Legislative Acts of the Russian Federation and Recognizing as Invalid Certain Legislative Acts of the Russian Federation in Connection with the Implementation of Measures to Improve Public Administration" (Collection of Legislation of the Russian Federation, 2004, No. 27, item 2711).
The president
Russian Federation
V. Putin