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Information systems as a tool for regulating public relations: Analysis of Russian and world practice

Amelin Roman Vladimirovich, Saratov State University

Introduction. The practice of public administration in the Russian Federation is largely based on the implementation and use of public information systems in all areas. Such information systems become a tool for influencing public relations, firstly, acting as a continuation of legal norms, secondly, replacing the actual norms of law in rare individual cases and, finally, acting as a means of certifying and qualifying legal facts. Theoretical analysis. Legal facts act as the most important links of the legal mechanism – both in legal regulation and in law enforcement. An integral part of the legal regulation mechanism is the system of fixing and certifying legal facts. Empirical analysis. State information systems ensure the maintenance of state registers intended for registration and storage of legal facts, and are also able to collect information in an automated mode and receive new information based on the processing of primary data. In the system of legal regulation, there is a tendency to endow such data with legal force, as a result of which they act as legal facts, and the activities for their qualification are delegated to the information system. The increasing complexity of information systems leads to the fact that the implementation of the rights and obligations of subjects becomes critically dependent on their correct work. Results. The author proposed to establish a number of legislative principles and restrictions, in particular, the principle of verification of conclusions obtained through the use of information systems by a person, in cases where such a conclusion has the force of a legal fact that affects the rights and obligations of a person.

  1. 1. Amelin R.V. Gosudarstvennye i munitsipal’nye informatsionnye sistemy v rossiiskom informatsionnom prave: teoretiko-pravovoi analiz [State and Municipal Information Systems in Russian Information Law: Theoretical and Legal Analysis]. Moscow, GrossMedia Publ., 2018. 324 p. (in Russian).
  2. On the use of the federal information system “A unifi ed identifi cation and authentication system in the infrastructure that provides information technology interaction of systems, use for state and municipal services in electronic form”. Decree of the Government of the Russian Federation of July 10, 2013 no. 584. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2013, no. 30 (pt. II), art. 4108 (in Russian).
  3. Omelehina N. V. Digitalization of the budget sphere as a subject of legal impact. Zhurnal rossiiskogo prava [Journal of Russian Law], 2020, no. 8, pp. 127–140 (in Russian). https://doi.org/10.12737/jrl.2020.099
  4. Shershenevich G. F. Uchebnik russkogo grazhdanskogo prava [Russian Civil Law Textbook]. 9th ed. Moscow, Izdanie Br. Bashmakovykh, 1911. 851 p. (in Russian).
  5. Babaev V. K., ed. Teoriya gosudarstva i prava [Theory of Government and Rights. Textbook for universities]. Moscow, Yurayt Publ., 2019. 582 p. (in Russian).
  6. Khalfi na R. O. Obshсhee uchenie o pravootnoshenii [General Doctrine of Legal Relationship]. Moscow, Yuridicheskaia literatura Publ., 1974. 352 p. (in Russian).
  7. Isakov V. B. Yuridicheskie fakty v sovetskom prave [Legal Facts in Soviet Law]. Moscow, Yuridicheskaya literatura Publ., 1984. 144 p. (in Russian).
  8. Krasavchikov O. A. Yuridicheskie fakty v sovetskom grazhdanskom prave [Legal Facts in Soviet Civil Law]. Moscow, Gosjurizdat, 1958. 184 p. (in Russian).
  9. Marchenko M. N., ed. Obshchaia teoriya gosudarstva i prava: Akademicheskiy kurs [General Theory of State and Law: Academic Course: in 2 vols.]. Vol. 1. Moscow, Zertsalo Publ., 1998. 656 p. (in Russian).
  10. Dolinskaya V. V. The concept and classifi cation of legal facts: A sketch of systematization. Zakony Rossii: opyt, analiz, praktika [Russian Laws: Experience, Analysis, Practice], 2018, no. 4, pp. 91–103 (in Russian).
  11. On information, information technology and information protection. Federal Law 149-FZ of 27.07.2006. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2006, no. 31 (pt. 1), art. 3448 (in Russian).
  12. On the State Automated System of the Russian Federation “Elections”. Federal Law 20-FZ of 10.01.2003. ATP «Consultant» [electronic resource] (in Russian).
  13. Veshnjakov A. A. General characteristics of guarantees of ensuring the electoral rights of citizens using the GAS “Vybory”. Konstitutsionnoe i munitsipal’noe pravo [Constitutional and Municipal Law], 2006, no. 8, pp. 2–10 (in Russian).
  14. On the state automated information system “ERAGLONASS”. Federal Law 395-FZ of 28.12.2013. ATP «Consultant» [electronic resource] (in Russian).
  15. On the federal information system for ensuring the state fi nal certifi cation of students who have mastered the basic educational programs of basic general and secondary general education, and the admission of citizens to educational organizations for obtaining secondary vocational and higher education and regional information support systems conducting state fi nal certifi cation of students who have mastered the basic educational programs of basic general and secondary general education. Decree of the Government of the Russian Federation no. 755 of August 31, 2013. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2013, no. 36, art. 4583 (in Russian).
  16. Kovaleva N. N., ed. Problemy i vyzovy tsifrovogo obshchestva: tendentsii razvitiya pravovogo regulirovaniya tsifrovykh transformatsiy [Problems and Challenges of the Digital Society: Trends in the Development of Legal Regulation of Digital Transformations: in 2 vols.]. Vol. 2. Saratov, Izd-vo Saratovskoi gosudarstvennoi juridicheskoi akademii, 2020, pp. 148–156 (in Russian).
  17. On approval of the Procedure for applying the technology of electronic monitoring of a citizen’s location in a specifi c geolocation using the Social Monitoring mobile application. Order of the Moscow Department of Information Technologies no. 64-16-186/20 of 29.04.2020. ATP «Consultant» [electronic resource] (in Russian).
  18. Komkova G., Amelin R., Kulikova S. Legal Protection of Personal Image in Digital Relations: Leading Trends. Proceedings of the 6th International Conference on Social, Economic, and Academic Leadership (ICSEAL-6-2019). Advances in Social Science, Education and Humanities Research, 2020, vol. 441, pp. 382–390.
  19. Clark M. Bad software sent postal workers to jail, because no one wanted to admit it could be wrong. The Verge, 23.04.2021. Available at: https://www.theverge.com/2021/4/23/22399721/uk-post-office-software-bugcriminal-convictions-overturned  (accessed 12 August 2021).
  20. Mayer-Schenberger V., Kukier K. Bol’shie dannye. Revolyutsiya, kotoraya izmenit to, kak my zhivem, rabotaem i myslim [Big Data. A Revolution that will Change the Way We Live, Work and Think]. Moscow, Mann, Ivanov and Ferber Publ., 2014. 240 p. (in Russian).
  21. Chekmenjova T. G., Ershov B. A., Trubicyn S. D., Ostapenko A. A. China’s Information Security Strategy: Political and Technical Aspects. Bulletin Social-Economic and Humanitarian Research, 2020, no. 7 (9), pp. 78–97 (in Russian). https://doi.org/10.5281/zenodo.3911320