Kuznetsov V.I., Kabytov P.P. —
Theoretical approaches towards the category “digital environment of trust”
// Legal Studies. – 2021. – ¹ 2.
– P. 64 - 74.
DOI: 10.25136/2409-7136.2021.2.34268
URL: https://en.e-notabene.ru/lr/article_34268.html
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Abstract: This article examines the concept of “digital environment of trust”. Elucidation of content of this concept is substantiated by the need to understand the task set in the National Project “Digital Economy of the Russian Federation” aimed at building the digital environment of trust from the perspective of the science of information law. Achievement of the required effectiveness of the project is virtually impossible in the conditions of ambiguity of the applied conceptual-terminological apparatus. The concepts and related terms “electronic”, “digital”, “information”, as well as their derivatives in the science of information law did not received due theoretical reflection, which resulted in their incoherent application. The goal of this work is to form an appropriate scientific representation of the content and essence of the concept of “digital environment of trust”, as well as the possibility of granting it the status of the category of information law. The author explores several methodological approaches towards elucidation of content of the concept of “digital environment of trust”. Taking into consideration the views developed in legal science regarding the content and meaning of legal categories that comprise the categorical apparatus of scientific knowledge of legal phenomena, the concept of “digital environment of trust”, in a broad sense, implies the combination of information resources in digital form; the interaction with such and (or) their use ensure for legal subjects information security, consistency and unambiguity of the rules and conditions of such interaction, as well as guarantee due diligence and equality of the participants of information exchange. It is demonstrated that the concept of “digital environment” and its derivatives, which are associated with the initial stage of development of new technical means of information exchange and conditioned by it, reflect just the technical and technological fundamental principles of emergence of the modern information law. Therefore, the concept of “digital environment of trust” cannot be addressed as a “basic” scientific category of information law, i.e. overarching, fundamental concept that determines the future scientific research of information relations.
Kabytov P.P. —
Administrative Status of Contract System Participants in the Field of the Procurement of Goods, Works, and Services for State and Municipal Needs
// Administrative and municipal law. – 2018. – ¹ 7.
– P. 26 - 36.
DOI: 10.7256/2454-0595.2018.7.27039
URL: https://en.e-notabene.ru/ammag/article_27039.html
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Abstract: The subject of this research is the administrative status of state authorities and local government as well as other actors that are granted public competences as contract system participants. Based on the analysis of the contract system law and definitions of 'administrative status of public authority' offered by the administrative law doctrine, Kabytov provides a description of the administrative status of contract system participants. The author of the article pays special attention to the legal consolidation of the administrative status of contract system participants. The methodological basis of the research involves general scientific methods (formal logic, structured systems approach) and special scientific methods (formal law analysis, dogmatic analysis, interpretation of law). The scientific novelty of the research is caused by the fact that the author carries out a complex analysis of the administrative status of contract system participants and gives recommendations on how to improve the current contract system law. The results of the research are of great practical importance and can be used in the policy-making process of the Russian Federation. As a conclusion, the author describes the main areas of the contract system legislation that should be improved, as well as a set of legal measures that are needed to be undertaken in order to improve them. This includes: 1. legitimization of grounds for reauthorization of control competences in the field of procurements between local government and state authorities of the Russian Federation; 2. improvement of the current law applicable to procurements through distribution of competences and consolidation of regulatory acts; and 3. establishment of formalized requirements and criteria for centralisation of procurements, and its efficiency evaluation system.