Kamalova G.G. —
Comparative Information Law Analysis of Russian and Foreign Legislation on Commercial Confidentiality
// Financial Law and Management. – 2017. – ¹ 1.
– P. 33 - 48.
DOI: 10.7256/2454-0765.2017.1.22341
URL: https://en.e-notabene.ru/flmag/article_22341.html
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Abstract: The subject of the research is a combination of Russian laws regulating social relations arising in the process of commercial confidentiality protection. The author of the article examines such aspects of the topics as the need to legally fix purposes of limiting access to information that can be considered confidential as well as improving the system of indicating features and subjects and detailed regulation of measures aimed at keeping confidential information. Special attention is paid to the issues related to protecting innovation activity under conditions when not all economically valuable innovation can be patented. The methodological basis of the research is the formal logical, historical law and comparative law methods as well as other research methods that complete them. Based on the research, the author makes a conclusion that the purposes of the confidential regime are not defined by the efficient legislation, neither they are defined at the state level. The holder of commercial information and employee who makes a valuable contribution to the development of innnovation activity are not defined either. The author states that besides criteria of commercial confidential information, foreign legislations also provide additional requirements for information and contents of commercial confidentiality. The author focuses on the framework nature of the national legislation on commercial confidentiality and emphasizes the need to better develop measures aimed at preventing the disclosure of commercially important information.
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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