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Trofimov V.V. The Modern State and Legal Policy of the Russian Federation in the Space of Functioning Information and Telecommunications Systems: On Some Problems of Formation and Implementation

DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.11

Vasily V. Trofimov, Doctor of Sciences (Jurisprudence), Associate Professor, Director of the Research Institute of State and Legal Studies, Professor, Department of Theory and History of State and Law, Derzhavin Tambov State University, Internatsionalnaya St, 33, 392000 Tambov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5039-7363


Introduction: building an information society in modern Russia is taking place at an active pace. Digital technologies are penetrating all spheres of public life. These processes are objective, but also require control and management by the state, which must create an adequate regulatory framework regulating a new type of postindustrial (information and digital) relations. To this end, it is necessary to form and implement a purposeful state and legal policy in the space of the functioning of information and telecommunications systems, through which it will be possible to effectively solve all the main tasks. Purpose: to identify the main problems of the formation and implementation of state and legal policy in the space of the functioning of information and telecommunications systems and to formulate directions for their solution. Methods: the methodological framework for the research is the dialectical approach, the information approach, the system method, the methods of analysis and synthesis, the methods of modeling and forecasting, the comparative law approach, the formal-legal method. The provisions of the theory of the information society, the theory of state and legal policy, and the theory of intellectual rights were used as the methodological guidelines for thinking in the framework of the study. Results: the current stage of development of the Russian Federation demonstrates the expansion of the information and digital sphere of social life. This changes the nature and algorithm of public relations, which accordingly sets the state to the task of creating a new legal climate that can ensure law and order in the space of functioning of information and telecommunications systems and the effective implementation of the entire range of subjective rights and obligations of participants in information and digital relations. Conclusions: it is established that to ensure proper organizational and legal conditions in the space of functioning information and telecommunications systems, it is necessary to form and implement a purposeful state and legal policy that is based on the solid scientific foundations, following the principles of consistency and continuality in the development and decision-making, can create adequate and stable organizational and legal foundations for the dynamics of public relations in the new digital reality that modern Russia faces. Some specific legal measures are proposed, including those related to the adoption of the Digital Code, improvement of the mechanism of the legal regulation of intellectual rights arising and implemented in the parameters of information and telecommunications systems, etc.

Key words: state and legal policy, information and telecommunication systems, digital technologies, artificial intelligence, digitalization, legal relations in the information sphere, intellectual rights, legal order.

Citation. Trofimov V.V. The Modern State and Legal Policy of the Russian Federation in the Space of Functioning Information and Telecommunications Systems: On Some Problems of Formation and Implementation. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 66-75. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.11

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