Paschenko I.Y. —
Digital technologies as a tool for strengthening employment and staffing: federal and regional (using the example of Krasnodar Krai) regulation, problems and prospects for application
// Administrative and municipal law. – 2024. – ¹ 4.
– P. 49 - 70.
DOI: 10.7256/2454-0595.2024.4.71457
URL: https://en.e-notabene.ru/ammag/article_71457.html
Read the article
Abstract: The scientific research is devoted to aspects of the application of digital technologies in the labor sphere. The author considers technologies as tools of public administration and personnel activities that help to strengthen employment, including regional employment, and also analyzes their impact on the staffing of bodies and organizations in the context of the digital transformation of the state. The relevance of the work is due to the formation of theoretical and legal foundations for the use of digital technologies in this area.
The work consists of five sections: federal regulation, regional regulation (using the Krasnodar Territory as an example), grouping of digital technologies according to the criterion of their applicability in personnel work, a description of the problems and risks of using digital technologies, proposals for improving law enforcement practice and the regulatory framework. The study is a comprehensive analysis of the current legal regulation affecting issues of digital transformation of public administration in the field of labor and employment at the federal and regional levels.
In the process of studying and analyzing legislation, doctrine and statistical data, general scientific and special legal methods were used. The basis of the methodology used was formed by general logical methods of cognition (analysis, synthesis, generalization, deduction, induction), formal legal and comparative legal methods.
Scientific novelty lies in the consistently formed conclusions, which are formulated more broadly in the text of the work and supported by specific proposals. Among the proposals that have been developed, the procedure for disclosing information on the use of digital technologies in the field of labor and employment is of particular importance.
Paschenko I.Y. —
Counter-sanctions information and restriction of information dissemination in the context of sanctions pressure on the Russian Federation
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 3.
– P. 45 - 54.
DOI: 10.7256/2306-9945.2023.3.43820
URL: https://en.e-notabene.ru/al/article_43820.html
Read the article
Abstract: The article examines counter–sanction information - a new category or type of information for domestic information and legal regulation. The concept of "counter-sanction information" appeared in the legislation in connection with the increased sanctions pressure of foreign states on the Russian Federation at the beginning of 2022. Regulation of the procedure for the dissemination of such information is designed to reduce the risks of taking restrictive measures against Russian legal entities and individuals who are participants in foreign economic activity.
The author examines these norms on information, in particular the definition, analyzes the restrictions arising from the recognition of information as counter-sanctioned, the circumstances associated with the onset of legal liability.
In the course of the research, scientific methods were used: analysis, generalization, comparison, modeling. The use of the formal legal method and systematic interpretation allowed us to form an idea of the counter-sanction information. The problem under consideration has not been practically investigated in Russian science.
It is assumed that the legislator formulates a new special legal regime of information in the context of the development of counter-sanctions regulation, ensuring the protection of private and public interests. At the same time, the risks that have arisen in the activities of entities that freely disseminate information, including mass information, are analyzed.
As a result of the conducted research, the conclusion is formulated that under the conditions of sanctions, freedom of information is reduced, and the volume of information previously open and accessible to an unlimited number of people may gradually decrease due to the development of counter-sanctions regulation.
Paschenko I.Y. —
The impact of digital transformation on changing legal nature of information in digital form
// Legal Studies. – 2022. – ¹ 7.
– P. 32 - 43.
DOI: 10.25136/2409-7136.2022.7.37983
URL: https://en.e-notabene.ru/lr/article_37983.html
Read the article
Abstract: The article examines the legal nature of digital information in the context of the development of the digital economy and the digitalization of public life.
The author draws attention to the fact that information in digital form forms the basis for the emergence of new objects involved in turnover. Turnover, taking into account the need to meet the various needs of the individual, exists both in fact – in everyday reality and in virtual space – through information systems.
In modern circulation in everyday life and the electronic environment, information can be presented in various forms. It is noted that in the conditions of rapid development of information technologies, the right to access information becomes important, and the information carrier loses its previously known importance in legal relations. In the conditions of digitalization, the division of new turnover objects into two varieties is proposed. The first group consists of objects that exist in the usual real form, but acquire an electronic form. Transformation accelerates turnover and allows us to work out optimal ways to exercise rights to such objects. The second group is formed by objects that arise and exist in virtual space within the framework of information systems. The possibilities of using such objects are determined by the level of development of information technologies. It is impossible to predict the appearance of new objects of economic value in the digital economy, and the choice of legal economy tools is not always a suitable way of law-making.
Special attention is paid to information as a basis for turnover objects in the context of the theory of absolute and relative rights. The attempt to establish the ownership of information and limited property rights is analyzed, and the conclusion is made about the problematic existence of such structures. At the same time, the author shows a change in the understanding and essential meaning of information as a category in the conditions of digital transformation.
It is concluded that it is necessary to develop a concept of digital information regulation.