Informational law: subject, subject
In ancient times, a very clever proverb was invented: "Who owns the information, he owns the world." Today, the essence of this statement can be clearly seen. Every year the role of information increases. This fact has led to the fact that in the 21st century it has become an indispensable resource for human activity along with oil, gas, water, etc. With the help of information resources, you can manipulate the consciousness of the masses, win wars, influence political regimes and much more. It follows that information in any form is extremely valuable, so a special algorithm is needed to regulate human activity in relation to information.As we know, the best regulator of any kind of relations in the state is the law, since it is the one that is most closely associated with people. Thus, a specific branch was created, which regulates legal relations in the field of information use. It has a method, principles, and sources, which will be discussed later in the article.
The concept of information law
The information law of the Russian Federation is a branch of law, and more precisely, a set of legal norms governing social relations directly related to information and information activities of the subjects of this industry. She is fairly young and unformed. Many scholars do not single it out at all, citing the fact that the information law is only a sub-branch of administrative or civil law.Nevertheless, it has not only a large number of forms, but also a certain procedural expression, which makes it an important component of human social life. It follows that all the rules governing or affecting the information environment are completely independent. It is possible that in the process of regulation the information industry borrows methods of administrative and civil law, but that is another matter. In addition, the concept of “information law” is considered in two more aspects: science (a set of theoretical knowledge, concepts, etc.) and scientific discipline (training program for legal practitioners).
Subject of information law
In any branch of law, the subject of public relations, to which regulation is directly directed, will always be.Taking into account the characteristic features of the information law cited above, we can conclude that the subject is social relations that arise, change and end in the process of resource circulation in the information sphere. Thus, the subject can also be called public relations arising in the information process.
Science of Information Law
It should be noted the importance of the science of information law, which is represented by a system of scientific knowledge and concepts. In science, information law is most often represented as a constituent element of administrative law, however, as mentioned earlier, this theory is controversial. In addition, scientists have developed fundamental novels about the methods, subject, subjects, history and prospects of development, analysis of the legal norms of information law. It is the scientific field of activity dedicated to this branch of law that allows it to develop.
Methodological base of information law
Methods of information law are the means or methods by which the study and influence on specific legal relations, information phenomena, processes are carried out.
Despite the relatively young age of the information branch of law, its methodological base is quite extensive, given the fact that all methods are divided into two main groups: private and general.
As for the general methods, they are inherent in most of the legal branches and sciences, but private ones can occur in a fairly narrow sphere. It is through private methods that the direct regulation of the subject of information law is carried out.
In the information law, only two general methods prevail, namely:
1. Historical. Thanks to the historical method, it is possible to study the entire set of multidimensional problems of information law. It allows you to see the specific stages of development of the industry, the ways and forms of regulation that change over the years, the types of regulations that are used, as well as the source of the industry, the interaction of information law with other legal sectors.
2The systems approach is also a specific method that uses information law.The system method is a set of theoretical positions, with the help of which the industry is considered as a system, in close connection with other legal norms and institutions. The system approach allows you to see how the regulation of information and legal activities.
In essence, private methods of information law are direct regulation. It must be remembered that each private method is a method of influence of one subject of the branch of law on another. In this case, the method is a connecting element of influence, legal relations. Private methods, in turn, are divided into two main groups: imperative, dispositive.
1. Imperative methods are based on imposing a number of obligations on a subject. In addition, they exclude any variation in the subject's behavior in relation to regulated legal relations. There are only two basic imperative methods: prohibition and decree.
2. Dispositive group is the complete opposite of imperative methods.In contrast to the latter, the dispositive approach allows the subject to choose a certain line of his behavior. In the field of information law, the following dispositive methods are used: permission, agreement, recommendations, and incentives.
It should be noted that the information law is developing every year. This process, of course, leads to an increase in the sphere of legal relations, which are regulated by this industry. It is not surprising if, over time, the industry will significantly expand its methodological base.
Sources of information law industry
Almost all sources of information law -This is the legislation of Russia. However, some scientists also distinguish in the form of their concepts and scientific theories. Of course, such works can be described as a source, but not of the legal branch, but of science. When we talk about the initial beginnings of the branch of information law, we mean the system of regulatory acts of the Russian Federation, which directly or indirectly regulate this industry. So, today there are the following sources:
1. The Constitution of the Russian Federation is the main regulatory legal act of the state, the basis of the legal system.Thus, the Basic Law is a universal source for all branches of law.
2. International regulations.
3. Federal Laws: “On mass media”, “On information, informatization and protection of information”, “On copyright and related rights”, “On advertising”, etc.
4. Decrees of the President of the Russian Federation.
Sources in a particular area regulate the field of information law, are its starting point for further development.
In any industry, it is important to know that circle of persons who may take part in legal relations. Subjects of information law,as in other industries, information legal personality and legal capacity must be possessed. Only in this case they can be direct participants of informational legal relations. Obligatory subject of informational legal relations will always be the state, which acts in the person of its authorities. The bodies carry out activities on the basis of their authority. In addition, entities, enterprises (legal entities), as well as individual citizens can act as subjects.In a detailed analysis of the information sphere, it is possible to include all subjects in three main groups:
- producers of information;
- owners of information;
- consumers of information.
It should be noted that the protection of information rights occurs on the basis of the competencies with which each subject is vested.
Principles of Information Law
Considering all the above aspects, we found that information is an important part of social life. Information law allows more detailed regulation of this sphere of human activity.In the legal norms of certain legislative acts, the fundamental provisions are fixed, the ideas on the basis of which the development of information law and policy in the Russian Federation takes place. These principles give a systematic character to the norms and institutions of the information industry, as well as allow “adjusting” the regulatory mechanism. The following principles of information law are known today:
- The priority of state interests.
- The strictest respect for the legality of information relations.
- Equality of citizens.
- Ensuring information security.
- The unity of state policy in the field of information.
- Program-target approach to the problem of informatization.
In conclusion, it should be added that information technology and lawinextricably linked in the modern world. Legal regulations will not be superfluous in this area of human activity, since information resources are not only social but also of strategic importance for the normal development of the state.