Kizlyar V. Information legislation in the mechanism of legal regulation of relations

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100968

Applicant for

Specialization

  • 081 - Право. Право

21-10-2022

Specialized Academic Board

ДФ 70.895.018

Khmelnytsky university of management and law Leonid Yuzkov

Essay

In the dissertation research for the first time in the theory of information law a comprehensive analysis of information law as a regulator of public relations, which allowed to identify shortcomings of legal implementation. The analysis of the normative-legal field of Ukraine shows that there are a number of legislative and other normative-legal acts aimed at regulating the circulation of information, which forms the information legislation. Information legislation occupies an extremely important place in the legal system of Ukraine because it is a complex intersectoral legal phenomenon, consisting of prescriptions of private law and public law nature. However, it is not necessary to talk about the effectiveness of domestic information legislation yet. The complexity of the problem of legislative regulation of information processes is due to the fact that they cover relations in all spheres of society and are governed by the rules of various branches of law. The problem of regulating information relations occupies a significant place in both information law and in branch legal sciences because the conditions of public life are constantly changing and necessitate the use of new integrated approaches to the study of legal relations in the information sphere. The paper proves that information relations, in contrast to other social relations, which exist only in the real dimension, exist in both real and virtual space. An integral part of information relations should be considered relationships on the Internet, which have information content and are information-virtual relations. Information-virtual relations, as a new type of information relations - are social relations that arise, change and cease in relation to the circulation of information in cyberspace. The main legal problem of regulating information and virtual relations is the inability to define the boundaries of the application of real law in the cybersphere, which is caused by certain factors. Territorial uncertainty of Internet relations because it is a global network and the relations arising in it are not geographically limited to the territory of a particular state. Targeted uncertainty because the legal regulation of relations on the Internet can not be aimed at global regulation, and the constant development and evolution of Internet relations leads to the impossibility of establishing a clear and unambiguous range of relations that require legal regulation. Object uncertainty because the Internet itself cannot be the object of legal relations because it is only a computer network, i.e., it is a digital environment for transactions with objects that are somehow connected to this network. Subjective uncertainty of Internet relations which relate to anonymity of subjects, and therefore complicate (and sometimes impossible) identification of subjects, impossibility to establish legal capacity of the subject and to define their location. Sometimes the subjects may be in different states, and therefore their rights and responsibilities will be regulated differently. Procedural uncertainty because in case of violation of Internet relations there is no single procedure for investigation and proof of the offense, as well as protection of the violated right. It is argued that the object of information relations is information, and the object of information relations - information resources. The object of information relations, ie information resource - is an organized set of information, information products, technologies and information communications, with a certain legal regime, which are designed to provide information for human life, society and the state. It is argued that the concept of "information resource" should be understood as an integrated set of knowledge and information technology. It is this understanding of information resources that makes it possible to separate part of the information from the general object of information relations and to outline the boundaries of state regulation in the information sphere. That is, the object of information relations is only that part of the information that is subject to legal regulation by the state. Keywords: information, information resources, information legislation, information offense, information-virtual relations, Internet relations, administrative-information offense.

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