Balekina V.M. —
Administrative and Legal Restrictions on the Right to Disseminate Information in the Context of Constitutional Values of Legal Freedom and State Security
// Administrative and municipal law. – 2023. – ¹ 1.
– P. 9 - 18.
DOI: 10.7256/2454-0595.2023.1.39713
URL: https://en.e-notabene.ru/ammag/article_39713.html
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Abstract: The article deals with the problems of establishing administrative legal restrictions on the right to disseminate information in the context of such constitutional values as legal freedom of law and state security. The purpose of the study was to assess the institution of administrative responsibility for violating the order of dissemination of information from the point of view of these constitutional values. The subject of the study was legal relations in the field of implementation of administrative responsibility for violation of the order of dissemination of information, and the object of the study was legal doctrine, legal norms and judicial practice. In order to achieve the research goal in conjunction with general scientific and special scientific methods (analysis, synthesis, formal legal, interpretation of law), the author applied an axiological approach to the phenomena under study. The scientific novelty of this study lies in the fact that the problem of restricting the right to free dissemination of information through administrative liability mechanisms is considered through the prism of not only its possible restrictions for the security of the state, but also in the context of the correlation of freedom of information dissemination and state security, as the most important constitutional values. The author formulates the following conclusions. The establishment of administrative responsibility in the Administrative Code of the Russian Federation for violation of the order of dissemination of information is necessary to ensure state security. However, the implementation of the mechanism of the studied type of administrative responsibility should be carried out in a balanced manner, taking into account both the interests of ensuring state security and ensuring legal guarantees of the constitutional right of everyone to freely disseminate information.
Balekina V.M. —
The concept of deliberately unreliable information disseminated under the guise of reliable communications in law
// Administrative and municipal law. – 2022. – ¹ 2.
– P. 1 - 12.
DOI: 10.7256/2454-0595.2022.2.37671
URL: https://en.e-notabene.ru/ammag/article_37671.html
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Abstract: The article raises the problem of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages, applied in the norms of administrative law establishing responsibility for the illegal dissemination of various types of socially significant information. By a detailed analysis of the elements that make up the studied concept, its meaning is revealed. The author analyzes the main theoretical approaches to the content of these elements in various branches of legal science. The article outlines the problems of applying the norms of administrative law that establish responsibility for the illegal dissemination of various types of socially significant information. These problems are related to the lack of a legal definition of the concept of deliberately unreliable information distributed under the guise of reliable messages. The author has established the absence in science and judicial practice of a unified approach to the content of the sign of obviously unreliable information disseminated under the guise of reliable messages. The author distinguishes the concept of obviously unreliable information from other related categories. Conclusions are formulated about the need to disclose in the law the content of the concept of unreliable information, which is a fundamental element of administrative offenses that establish responsibility for the illegal dissemination of various types of socially significant information, as well as the need to fix in the law the content of the construction "obviously unreliable information disseminated under the guise of reliable messages". The article presents the author's approach to the formulation of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages.