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Administrative and municipal law
Reference:

Legal regulation of the use of information and communication technologies in the activities of public authorities

Lolaeva Al'bina Slavovna

ORCID: 0000-0002-9021-7531

PhD in Law

Docent, the department of Constitutional Law, Gorsky State Agrarian University; Docent, the department of Civil Law and Produre, North Caucasus Mining and Metallurgical Institute (State Technological University)

362027, Russia, respublika Severnaya osetiya-Alaniya, g. Vladikavkaz, ul. Kirova, 74, kv. 127

mirag.8184@yandex.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0595.2022.1.37359

Received:

20-01-2022


Published:

14-03-2022


Abstract: The article examines the issues of legal regulation of the use of information and communication technologies in the activities of public authorities. The relevance of the topic is due to the universal digitalization of public relations, including the activities of public authorities. The widespread informatization of various spheres of society, their economic activities, the development and introduction of modern data transmission devices, the expansion of computer networks led to a sharp increase in the volume of processed information, and modern society began to be called informational. The process of informatization of society is gradually taking place. Various information and communication technologies are also actively used in the field of public administration in Russia. The processes of informatization and information support are increasingly active in the digital economy of Russia. Technologies and their application are turning from a specialized professional field into a key issue in the sphere of public administration. In the general understanding, information and communication technologies are a process that includes a set of tools and methods for the implementation of operations for the collection, registration, accumulation, processing and transmission of information based on hardware and for the purpose of solving management tasks. The author formulates the conclusion that information and communication technologies are increasingly being used in the activities of public authorities. Informatization of the activities of public authorities in the Russian Federation is an indispensable and important stage in the formation of the information society, as well as the leading direction of reforming the entire system of public administration.


Keywords:

democracy, electronic democracy, electronic control, electronic state, electronic services, public authority, information society, digitalization, Internet, information and communication technologies

This article is automatically translated. You can find original text of the article here.

The widespread informatization of various spheres of society, their economic activities, the development and introduction of modern data transmission devices, the expansion of computer networks led to a sharp increase in the volume of processed information, and modern society began to be called information. The process of informatization of society is gradually taking place. Various information and communication technologies are also actively used in the field of public administration. Having appeared at the turn of two millennia, electronic interaction tools are now becoming more and more in demand. The beginning of the formation of modern legislation on electronic government in the Russian Federation as a whole can be attributed to the adoption of the state program "Electronic Russia 2002-2010" [1], which became one of the first serious steps in the implementation of this direction of state development. This state program pursued several goals: ensuring citizens' access to information about the activities of public authorities in electronic form, organizing effective information exchange between government agencies of the Russian Federation, and others.

For the harmonious interaction of modern society and the state, there is now a need to digitalize the institutions of modern democracy, in connection with which the "Concept for the development of e-democracy mechanisms in the Russian Federation until 2020" [2], the state program of the Russian Federation "Information Society (2011-2020)" [3], the Decree of the President of the Russian Federation were adopted and are being implemented [2], the state program of the Russian Federation "Information Society (2011-2020)" [3], the Decree of the President of the Russian Federation dated May 2018 No. 204 "On National goals and Strategic Objectives of the Development of the Russian Federation for the period up to 2024" [4], Decree of the President of the Russian Federation dated July 21, 2020 No. 474 "On National development Goals of the Russian Federation for the period up to 2030" [5], etc.

The processes of informatization and information support are increasingly active in the digital economy of Russia. Technologies and their application are turning from a specialized professional field into a key issue in the sphere of public administration.

In the general understanding, information and communication technologies are a process that includes a set of tools and methods for the implementation of operations for the collection, registration, accumulation, processing and transmission of information based on hardware and for the purpose of solving management tasks [6, p. 5].

Federal legislation defines the concept of information and communication technologies as processes, methods of searching, collecting, storing, processing, providing, distributing information and ways of implementing such processes and methods [7].

Also, information and communication technologies can be defined as a systemically organized sequence of operations that are performed in relation to information using automation methods and tools. In this case, operations are actions on information.

In 2014 The Government of the Russian Federation approved the state program "Information Society (2011-2020)" [8], the purpose of which was to increase awareness and digital literacy, the development of economic potential in our country using modern information and communication technologies.

An important prerequisite for the informatization of public administration is the adoption of various government programs. For example, "E-government" tools are being actively introduced as an electronic way of providing public services. When using it, the interaction of the state and citizens, as well as some state agencies with others, is carried out using information and communication technologies. The program in the field of customs services "Electronic Customs" was also formed, the main focus of which was the development of information and communication technologies and the use of the "single window" mechanism in customs operations. On the basis of this program, the declarant and other interested persons interact with the customs authority in electronic form. Healthcare is also becoming digital with the help of modern information and communication systems that allow monitoring the quality of medicines, creating digital profiles of patients. One of the promising programs is the development of "Digital Healthcare". The transport sphere is changing dramatically, as various intelligent transport systems, the latest satellite technologies, and unmanned aerial vehicles are being used. Currently, the main task of the state is the formation of a single digital transport space in Russia, the development of safer, more convenient, accessible passenger and cargo transportation for people and businesses, cost reduction, expansion of export and transit opportunities. To solve these tasks, a departmental project "Digital Transport and Logistics" is provided, which is being developed within the framework of the state program for the development of transport.

The introduction of information and communication technologies in the public administration system not only changes the requirements for the competencies of a civil servant and approaches to working with data, but also forms prerequisites in Russia for the implementation of the model of the state as a platform, which can become a unique experience in world practice, where informatization is the leading direction.

The informatization of public administration is the introduction of modern information and communication technologies into the processes of the implementation of state powers by subjects of public authority. This approach implies not only the installation of modern hardware or software, but also fundamental changes in approaches to public administration. In this regard, the main priority is the acquisition of digital skills and knowledge for civil servants and a real understanding of the opportunities that technology provides [9, p. 20].

The idea of active use of informatization and information and communication technologies is a fundamentally new quality of public administration, which ensures the transition to accurate "individualized" (personalized) indicators of the standard of living of citizens and the development of all spheres of society. Ubiquitous informatization makes the corresponding transformation of public services inevitable.

Active and effective informatization and information support in the field of public administration can lead to an increase in the competitiveness of the state [10, p. 20].

Undoubtedly, in order to implement the directions of informatization and information support in the field of management, it is necessary to form centers for digital transformation of public administration, whose tasks include expert guidance and the following functions:

a) determination of the coordinate system for the entire state, the formation of the architecture of state platforms and services, the state data model;

b) making architectural decisions at all levels of government;

c) formation of effective development programs;

e) organization of project teams;

f) conducting an audit of the work carried out;

h) creation of general rules of interaction at all stages of transformation [11, p. 89].

There is no doubt that informatization and information support have many advantages, and therefore they are inevitable. The importance of information and communication technologies at the present stage of development of the national economy is seriously increasing, the reason for which is the search for fundamentally new sources of increasing the competitiveness of individual sectors of the economy.

The informatization of public administration in the Russian Federation is accompanied by the destruction of traditional business models and leads to changes comparable to the social explosion of the revolutionary situation.

In Russia, based on global and domestic trends, its own concept of integrated management informatization is being formed: from the point of view of consumer satisfaction with the results of informatization, based on the country's readiness for informatization, based on obtaining the final results of informatization and obtaining overall results. The purpose of the application of information and communication technologies is to reduce the complexity of using all resources and incorporate the main components of information support:

- technical support;

- software;

- information support;

- organizational and methodological support;

- mathematical support;

- legal support;

- financial and economic support;

- linguistic support, etc.

Thus, information and communication technologies are a set of methods and processes combined in a chain that provides automatic search, collection, storage and dissemination of information based on the use of software, methods by which information is offered to customers in order to reduce the complexity of processes and increase reliability and efficiency [12, p. 51]. The information transformation of public administration means the transition from traditional technology, which is focused on solving individual management tasks, to a new world of open information systems focused on the individual and the state as a whole.

The use of information and communication technologies in government activities is one of the priority tasks of creating an information society in the Russian Federation.

On April 21, 2018, by Decree of the Government of the Russian Federation No. 482, the state information system "Standard cloud solution for automation of control (supervisory) activities" was approved [13].  The specified regulatory legal act establishes the basic principles of operation of this information system, the order of interaction of its participants, the operator of the system, the stages and terms of its commissioning are defined.

First of all, it is worth pointing out that the GIS "Standard cloud solution for automation of control (supervisory) activities" is being created to automate the processes of collecting and processing information by control and supervisory authorities, to ensure the interaction of information and communication systems of federal executive authorities, executive authorities of the subjects of the Federation and local governments in the control and supervisory sphere.

The purpose of GIS "Standard cloud solution for automation of control (supervisory) activities" is "ensuring, through the use of information and communication technologies, the fulfillment of duties, the exercise of rights and interaction in electronic form in the exercise of state control (supervision) and municipal control by officials of bodies authorized to exercise state control (supervision), municipal control". This resource makes it possible to digitalize: the use of a risk-based approach in conducting state control and supervision; conducting control measures; evaluating their effectiveness and efficiency; information interaction.

The Government of the Russian Federation has provided for who exactly is a participant in the GIS "Standard cloud solution for automation of control (supervisory) activities". In particular, these are the operator, coordinators, authorized persons, as well as users.

The Ministry of Digital Development, Communications and Mass Communications of the Russian Federation (Minkomsvyaz of Russia) was appointed as the operator of GIS "Standard Cloud Solution for automation of control (supervisory) activities". It is worth noting that in our country, the Ministry of Communications of Russia is a federal executive authority that performs the functions of developing and implementing state policy and regulatory regulation in the field of information and communication technologies [14].

As for the GIS coordinators "A typical cloud solution for automation of control (supervisory) activities", we note that these are state and municipal employees appointed by federal and regional executive authorities in the field of control (supervision), as well as local self-government bodies. Authorized persons of the analyzed GIS are state and municipal employees included by federal and regional executive authorities in the field of control (supervision), as well as local self-government bodies in the corresponding list of officials.

The use of GIS "Standard Cloud Solution for automation of control (supervisory) activities" by state control (supervision) bodies and municipal control bodies for the purpose of state control (supervision) and municipal control is carried out on the basis of agreements.

The use of modern information and communication technologies makes it possible to facilitate and accelerate communication between citizens and executive authorities, eliminate restrictions imposed by work schedules, or geographical remoteness, as well as other factors of the activities of executive authorities, ensure the availability of state and municipal services [15, p. 144].

Thus, information and communication technologies are increasingly being used in the activities of public authorities. Informatization of the activities of public authorities in the Russian Federation is an indispensable and important stage in the formation of the information society, as well as the leading direction of reforming the entire system of public administration.

References
1. Federal Target Program "Electronic Russia (2002-2010)" // https://digital.gov.ru/ru/activity/programs/6/(accessed 17.01.2022).
2. Concept for the Development of Mechanisms of Electronic Democracy in the Russian Federation until 2020 // http://edemocratia.ru/s/blog/msg?textId=10292940 (accessed 17.01.2022).
3. State Program "Information Society" // https://digital.gov.ru/ru/activity/programs/1/ (accessed 17.01.2022).
4. Decree of the President of the Russian Federation of May 2018 № 204 "On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024" // Collection of Legislation of the Russian Federation. 2018. № 20. Art. 2817.
5. Decree of the President of the Russian Federation of July 21, 2020 № 474 "On the national development goals of the Russian Federation for the period up to 2030" // Collection of Legislation of the Russian Federation. 2020. № 30. Art. 4884.
6. Gvozdeva V.A. Basic and applied information technology: textbook. M.: FORUM: INFRA-M, 2015.-383 p.
7. Federal Law of July 27, 2006 No. 149-FZ "On Information, Information and Communication Technologies and Information Protection". (ed. from 03.04.2020) // Rossiyskaya Gazeta. 2006. July 29.
8. Decree of the Government of the Russian Federation from April 15, 2014 № 313 "On approval of the state program of the Russian Federation "Information Society (2011-2020 years)" (ed. from 02.02.2019) // Collection of Legislation of the Russian Federation. 2014. № 18 (Part II). Art. 2159.
9. Kuznetsova S. A. Digital economy: new aspects of research and training in management // Innovations. 2017. № 7. P. 20-25.
10. Lolaeva A.S. E-government in Russia: prospects for further development // Constitutional and Municipal Law. 2021. № 10. P. 19-22.
11. Medennikov V.I. Principles of Forming a Common Digital Platform of the Country // Digital Economy. 2018. № 4. P. 31-37.
12. Sinitsyn S.V., Nalyutin N.Y. Verification of software. Moscow: Binom. Laboratory of knowledge. 2016.-157 p.
13. Decree of the Government of the Russian Federation of April 21, 2018 № 482 "On the state information system "Model cloud solution for the automation of control (supervisory) activities" (ed. from 20.11.2018) // Collection of Legislation of the Russian Federation. 2018. № 18. Art. 2633.
14. Decree of the Government of the Russian Federation of June 02, 2008 № 418 "On the Ministry of Digital Development, Communications and Mass Communications of the Russian Federation". (ed. from 28.04.2020) // Collection of Legislation of the Russian Federation. 2008. № 23. Art. 2708.
15. Tereshchenko L.K. Public power in the Internet // Journal of the Higher School of Economics. Law. 2017. № 4. P. 144-157.

First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The article is devoted to the study of the features of the introduction of information and communication (digital) technologies in the activities of public authorities. The title of the article is not formulated quite correctly, because it does not correspond to the volume and content parameters of the article. The point is that within the limits of an article equal to 5 sheets of text, it is impossible to consider "The legal regulation of the use of information and communication technologies in the activities of public authorities." Research methodology The article uses analysis, generalization, method of abstraction, methods of induction, deduction, modeling, descriptive methods. Relevance The topic as a whole is relevant due to the need for in-depth research on the specifics of legal regulation of information and communication (digital) technologies in the activities of public authorities, as well as the practical results achieved, including the analysis of errors and shortcomings. Scientific novelty The scientific novelty in the article is fragmentary in the form of the author's own judgments regarding the issues related to the introduction of information and communication (digital) technologies in the activities of public authorities. At the same time, the author's desire to emphasize the features of the studied phenomena, their importance for scientific analysis, and the systematic construction of the methodological apparatus (within the above-mentioned limits) should be positively noted. In addition, the author inserts his own remarks almost everywhere, willingly gives estimates. The style of the article meets the requirements for legal publications. The structure of the article is generally consistent. In terms of content, the following should be noted: 1. The article lacks a legal block. Thus, the author does not mention at all the federal legal acts regulating the issues of information and communication (digital) technologies and the specifics of their implementation in the activities of public authorities. Meanwhile, the Federal project "Digital Public Administration" of the national program "Digital Economy of the Russian Federation" is being implemented within the framework of the state program "Information Society". The federal project is aimed at achieving the national goal "Digital Transformation", which is defined by Decree of the President of the Russian Federation No. 474 dated July 21, 2021 "On National Development Goals of the Russian Federation for the period up to 2030". How could it be possible not to specify these acts, not to conduct a systematic analysis of them, it is unclear?! 2. In addition, there is no material on the practices of legal regulation of the subject of research in the subjects of the Russian Federation, provided that public authority has a regional dimension. The bibliography is not enough. There is no appeal block. The article is descriptive and analytical. Conclusions, the interest of the readership The article reflects the current trends in the introduction of digital technologies into the system of public administration, primarily in the framework of the activities of public authorities. The author has a good command of legal vocabulary (there are no non-conventional theses), the article is adequately structured, meets modern relevant requirements for the subject of ongoing scientific research. On this basis, I believe that the material can be recommended for publication after minor revision in the form of the inclusion of the above-mentioned legal acts (a regional section at the discretion of the author).

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the study covers public relations in the field of legal regulation of the use of information and communication technologies in the activities of public authorities. The methodology of the research is mostly practical in nature, since the author mainly relies on the analysis of normative legal acts and strategic planning documents. The author uses methods of analysis, synthesis, deduction, induction. The comparative legal method, the method of logical thinking and other general theoretical methods. The relevance of the chosen topic is determined by the state and trends of social development. In the realities of informatization of society and the transition to digital format, the presented article meets the needs of modernity. Scientific novelty consists in the results obtained during the research, as well as in the author's judgments, observations and suggestions. The style of the article is narrative in nature. The author consistently analyzes the regulatory framework. The structure provides an introductory part, the main content, and the operative part. The content of the article reveals the desired topic in a chosen style, presents to readers the basics and nuances of legal regulation of the use of information and communication technologies in the activities of public authorities. Of scientific and practical interest is the analysis of such documents as Decree of the President of the Russian Federation dated May 2018 No. 204 "On National Goals and strategic objectives of the development of the Russian Federation for the period up to 2024" [4], Decree of the President of the Russian Federation dated July 21, 2020 No. 474 "On National development Goals of the Russian Federation for the period up to in 2030." The author offers his own definition of information and communication technologies. In particular, it represents as a systemically organized sequence of operations that are performed in relation to information using automation methods and tools. In this case, operations are actions on information. The author identifies the prerequisites for the informatization of public administration. In particular, this is the active introduction of "e-government" tools as an electronic way of providing public services. When using it, the interaction of the state and citizens, as well as some government agencies with others, is carried out using information and communication technologies. In addition, the prerequisite is the formation of a program in the field of customs services "Electronic Customs", the main focus of which was the development of information and communication technologies and the use of a "single window" mechanism in customs operations. The author agrees that in order to implement the directions of informatization and information support in the field of management, it is necessary to form centers for digital transformation of public administration, whose tasks include expert guidance and performing the following functions: a) determining the coordinate system for the entire state, forming the architecture of state platforms and services, the state data model; b) making architectural decisions at all levels of government; c) the formation of effective development programs; e) the organization of project teams; f) the audit of the work carried out; h) the creation of common rules of interaction at all stages of transformation The bibliography includes 15 sources, including normative legal acts, by-laws, decisions of the Head of State and the Government of the Russian Federation. The article may be of interest to the readership and is recommended for protection.