Kamalova G.G. —
Restrictions and boundaries in the Russian information law
// National Security. – 2020. – ¹ 2.
– P. 11 - 30.
DOI: 10.7256/2454-0668.2020.2.32653
URL: https://en.e-notabene.ru/nbmag/article_32653.html
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Abstract: The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.
Kamalova G.G. —
Certain questions of the legal status of subject of the regime of the state classified information
// National Security. – 2016. – ¹ 5.
– P. 618 - 626.
DOI: 10.7256/2454-0668.2016.5.19858
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Abstract: The subject of this research is the combination of legislative norms of the Russian Federation and some foreign countries that regulate the legal status of subjects of the state secret legal regime. The goal of this work consists in examination of peculiarities of the legal status of the state classified information regime within the system of special legal regimes of the limited access information based on the comprehensive analysis of legislation, including the types of subjects, their rights and responsibilities. Special attention is given to the collision aspects of legislation regarding the state secret in the aspect of subjects of the state secret legal regime. The main conclusions of the conducted research lie in the following: the established discrepancies of the titles of a number of Articles of the Russian Law “On State Secret” and their content’’; presence of the allowed in special order subjects, which are not reflected in the norms of the aforementioned law; existence of the number of unsolved issues regarding the limitation of rights of a civilian with clearance to the state classified information.
Kamalova G.G. —
The questions of formation of the object of legal regime of classified information
// National Security. – 2016. – ¹ 4.
– P. 471 - 479.
DOI: 10.7256/2454-0668.2016.4.19144
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Abstract: The subject of this research is the combination of legislative norms that regulate public relations with regards to protection of the complex legal regime of classified information. The author carefully examines such aspects of this topic as the peculiarities of establishment of the object of legal regime of state secret through the procedure of classification and declassification of information, the illegitimate distribution of which can inflict harm on national security. Special attention is given to the types of the used restrictive and regime-setting lists and their importance in the process of establishment of the legal regime of classified information. The author notes that the cases of inappropriate designation of the lists used in preservation of state secret are common in the current legislation and law enforcement practice; as well as there has not been established legal regime for the information, referred as state secret in accordance with the applicable procedure, after being declassified. The author expresses an opinion the declassification of information should not violate the rights of private parties and corporations, as well as preserve the legal regime established before declassification of information. Other issues of establishment of the legal regime of state secret are being determined during the course of this research.
Kamalova G.G. —
Comparative characteristics of legal regulation of the state classified information and the official secret
// National Security. – 2016. – ¹ 2.
– P. 212 - 220.
DOI: 10.7256/2454-0668.2016.2.16877
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Abstract: This article explores the general and distinctive features of the legal regulation of the state classified information and the official secret. The goal of the comparative analysis is the differentiation of their legal regulation based on the specificity of the regime elements. The author thoroughly analyzes the legal regulation of the state classified information and the official secret with regards to their targeted designation, object of regulation and its actors, as well as mechanism of security control. Special attention is given to the differenced on the reviewed special legal regulations of information. The conclusion is made that both, the state classified information and the official secret have the mutual historical roots, the importance in the area of state administration, public-legal methods of regulation of social relations pertaining to information security, etc. The specificity of such regulations is defined by the various goals of restricting the access, extent of damage in case of violation, content and composition of secret information.
Kamalova G.G. —
// Law and Politics. – 2014. – ¹ 9.
– P. 1351 - 1358.
DOI: 10.7256/2454-0706.2014.9.12336
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Kamalova G.G. —
// Law and Politics. – 2014. – ¹ 9.
– P. 1351 - 1358.
DOI: 10.7256/2454-0706.2014.9.42477
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