STATE POLICY FOR THE PROTECTION OF INFORMATION RESOURCES

Abstract

The definition of the scientific categories “state information resources” and “legal regulation of state information resources” has been studied and proposed, which have scientific and methodological significance for the development and improvement of the doctrinal understanding of the problem of state policy on the protection of information resources. It is proposed to fix in law the provisions regulating the procedure for organizing document flow, documenting information and electronic document flow, as well as the formation and use of information resources. Proposals have been developed to define the concepts of “document”, “documented information”, “material carrier of documented information”, “electronic document” and “information resources”, eliminating the inaccuracy of the formulations available in the legislative framework. It is proposed to change the legally established procedure for documenting information, creating documents and electronic documents and giving them legal force. It is proposed to clarify the list of information owners, fix the procedure for forming and using state and municipal information resources, including in the form of redemption. It is proposed to streamline the list of restricted access information, fixing it in law, which will avoid double interpretation of the concepts of “restricted access information” and “confidential information”.It is noted that the legislative framework as a whole resolves many controversial issues related to the circulation of information, information technologies and citizens’ rights to access information. However, the concept of information resources is not given and the procedure for their legal regulation and protection is not determined. In this regard, proposals are formulated that need to be included in the legislative framework for the implementation of full-fledged legal regulation of the object of information legal relations – state information resources.The main theoretical concepts of legal regulation of state information resources are considered. Legal regulation is a fundamental concept of legal science and practice. In the epistemological plan, the capabilities of this category allow us to focus attention on specific legal means and mechanisms for regulating human behavior. Legal regulation is one of the types of social regulation, without which society cannot exist. Its features are associated with the specifics of law as a special social phenomenon: it is a normative regulation based on the ideas of freedom and justice.