Information relations in the Russian legal field have been formed recently. The concept of information law is diligently investigated by domestic lawyers. What exactly is the industry in question will be described in our article.
Information law
What is information? According to the most common definition, this is a certain collection of information and messages about the state of something. In the past two decades, information has been given special attention. The fact is that it became possible to store information on electronic media, the structure of which is constantly being updated. However, regulating the methods of storage, distribution and transmission of information is not so simple.
In Russia, legislative regulation of information has become possible recently. In 2008, the fourth part of the Civil Code was adopted, devoted to non-property relations, as well as intellectual property. Based on the Code, a number of federal laws have been developed. As a result, the information law system acquired a holistic subject, methodology, principles and content. All this will be described later.
Subject of law
What is the subject of information law? Specialists in the field of jurisprudence point to the procedure of informatization. This process is a form of creating the most optimal conditions for meeting information needs.
The subject of this legal industry has several main directions. The first is the study of the conceptual apparatus of law. All definitions and terms should be considered in terms of information. The second direction concerns the study of the features of law. All norms, institutions and industries should be investigated in terms of their construction and completeness. Finally, the third concerns the content of law and the preparation of classifications.
Some lawyers create drafts of the Information Code of the Russian Federation - a law that could incorporate all the basic norms of the legal industry under consideration.
Objectives of Information Law
What is law, and why does it regulate all areas of public life? The law refers to the set of norms and rules that the state establishes in order to protect the interests and freedoms of man. A similar principle applies to the information system: people want to use high-quality means of communication, protect personal information from strangers, prevent distortion of information, etc. Legal regulation will help in all of this. This also implies the main task of the legal branch under consideration: protecting the freedoms, rights and interests of all Russian citizens.
The second task is the study and improvement of existing regulations, as well as the formation of new ones. In the industry in question, all conflicts and gaps should be identified and eliminated. No less important is the procedure for assessing current legislation.
Finally, the last important task of information law should be called cooperation with international authorities in order to improve domestic legislation. This is not even a right, but a duty of Russian lawmakers: most interstate conventions and treaties must be ratified.
Types of information
Considering the question of what information law is, one cannot but touch upon the problem of classifications. The main element of the legal industry, information, is of several types.
Elementary information exists at the atomic level. Biological is formed by living things, including humans. Social information affects the sphere of human relations, and the technical and cybernetic field of derivative and machine nature.
Information has some legal characteristics and features. The first is physical inalienability. The only legal way of alienation will be the transfer of rights to use information. The second sign is isolation. This means that only the information that is used in the form of signs and symbols separately from the manufacturer is valid. Distribution and replication are the third characteristic, and the organizational form is the fourth.
It is by the form of filling the information is divided into the following types:
- Documented. Reflected in the form of symbols, signs, letters or other means of display on a tangible medium.
- Undocumented. Such information remains outside the legal regulation, as it is not reflected on the medium and is not registered.
Information is also legal and non-legal. The first is created as a result of law-making activity, it is normative and non-normative. Extra-legal information is in no way connected with the legal sphere of relations.
Informational resources
All norms of information law are stored in large arrays of documents. Such documents constitute information resources, the quality of which may be libraries, archives, banks, funds and other systems.
Everyone knows that information must be constantly generated. Collection, accumulation, storage, modification, search, distribution - all these procedures are possible only due to the quality work of resources. In this area, a huge number of subjects of information law are working. Each of them will be described below.
Content of Information Law
What is a subject? In the legal field, these are certain individuals who are endowed with a number of duties and powers. Subjects implement their actions to achieve the object - a specific property or non-property good. In information law, the object is a set of spiritual, social and other benefits, about which subjects enter into legal relations.
The subjects themselves are ordinary citizens, including foreign citizens who do not have Russian citizenship. It is also worth highlighting organizations - libraries, archives, museums, information funds, think tanks and much more. A significant role in the field of information law is played by state bodies. The system includes representative, executive, judicial and other instances.
Resource Types
What is information law? This is a huge system that contains various norms, institutions, industries and branches. Information resources as the main subject of the legal industry under consideration are scientific, technical, political, statistical, economic, social and many others. The classification of information can be seen in legislation. Legal codes are divided by industry, as are federal laws.
A special place in the information system is occupied by information with limited access. They are divided into state, commercial and official. Limited information is under special technical and legal protection.
Resources in this system of law should be provided by a number of special services. So, it should highlight the processing of information, its transfer, storage and much more.
Information Law Methods
The legal method is a set of methods and techniques by which you can explore the subject of law. In the case of information law, there is no clear division into imperative (binding or prohibitive) and dispositive (permissive) methods. But here there are a large number of special techniques and means. In particular, a formal dogmatic approach should be highlighted. It is used in the processing of legal dogmas.
The method of applying to the sciences is used to compare information law with other scientific disciplines and industries. For example, this is Civil Law or Computer Science. The method of sociological research involves evaluating the effectiveness of information standards. Personal observation plays a significant role here. There are many other methods, the specificity of which depends on the type of information.