INFORMATION AND LEGAL COMMENTARY TO AMENDMENTS TO THE CONSTITUTION OF THE RUSSIAN FEDERATION

  • Deyneko Aleksei Gennadyevich Национальный- исследовательский университет «Высшая школа экономики»
Keywords: nformational law, onstitutional amend-ments, Internet, cyberspace, information, nformation relations, information technologies, digital data, digital sovereignty, human rights, digitalization, privacy, Constitution, Information code, Smart cities

Abstract

The article analyzes the amendments to article 71 of the Constitution of the Russian Federation that came into force in 2020, in the part which they affect information- al relations. Special attention is paid to the introduction of new informational terms, such as “information technology” and “digital data”, into the constitutional text. Possible ways of implementing these amendments in the Russian informational legislation, as well as their conceptual influence on the development of informational law, are investigated.

Along with general cognition methods (analysis and synthesis), special cognition methods (legal interpretation and normative search), problem-oriented approach and cognition methods of other fields of knowledge (in particular, philology and computer science) were used.

There is a continuing contradiction between the constitutional text and the law on information, which leads to the need to adjust the thesaurus of the latter. The fundamental importance of the constitutional novel about ensuring the security of the individual, society and the state within the use of information technologies and using of digital data is noted. These novels become a start point for the implementation of the concept of personal digital sovereignty in Russian legislation, strengthening the guarantees of respect for the constitutional rights and freedoms of the individual in cyberspace.

The ways of development of informational legislation out- lined in the article require a thorough scientific discussion with the involvement of specialists of information technologies and information security. The proposed changes in the informational legislation can later serve as a basis for the development of a codified act in the field of informational law.

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Author Biography

Deyneko Aleksei Gennadyevich, Национальный- исследовательский университет «Высшая школа экономики»

National Research University “Higher School of Economics”, UNESCO Chair on Copyright, Neighboring, Cultural and Information Rights, associated member, Candidate of Legal Sciences, State Counselor of the
Russian Federation of the 2nd class.

Published
2021-04-14