Reference:
Alimpeev D.R..
Informatising State Control: Searching for a Vector of Administrative Regulation
// NB: Administrative Law and Administration Practice.
2024. № 3.
P. 30-43.
DOI: 10.7256/2306-9945.2024.3.71846 EDN: JFXXRW URL: https://en.nbpublish.com/library_read_article.php?id=71846
Abstract:
This study pays particular attention to the identification of interconnections and recurring patterns in the evolution of regulatory frameworks pertaining to information support for control activities across the entire span of the Russian legal system's existence. Furthermore, the delineation of the established model of informatization is undertaken, and the resolution of discrete legal issues is pursued through a comprehensive analysis of the regulatory framework and doctrinal sources. In 2023, the regulatory authority initiated a novel undertaking: the formulation of a unified data model for state control. However, with the advent of new systems, a shift has occurred in the approach to automation, as well as in the philosophy of control, which has gradually transitioned towards an "informational" or "digital" dimension. The article employs a range of scientific research methods, including analysis, synthesis, induction, deduction, analogy, and specialised methods such as historical-legal, dogmatic, and comparative-legal. The principal method is a relatively rarely employed technique of legal modelling, which enables us to hypothesise the trajectory of the regulation of the informatisation of control activities. The research is distinctive in its capacity to identify and elucidate two historical phases in the evolution of the informatisation of state control. Moreover, it is capable of delineating the fundamental characteristics of the extant model of legal regulation governing the provision of information support for control activities in Russia. Ultimately, it is capable of formulating proposals for deliberation between the regulatory authority and the scientific community regarding the outlines of the prospective digital transformation of state control. One of the article's principal conclusions is the identification of a gradual process by which the regulator has established a unified information space within the domain of state control.
Keywords:
register of control measures, state information systems, cloud technologies, unified data model, digitalization of control activities, digital control, register of types of control, information support, state control, register of mandatory requirements
Reference:
Karpysheva Y.O..
On the possibilities of using artificial intelligence and other technologies in the activities of the prosecutor for the supervision of the execution of laws
// NB: Administrative Law and Administration Practice.
2023. № 4.
P. 15-23.
DOI: 10.7256/2306-9945.2023.4.68903 EDN: AMRCJU URL: https://en.nbpublish.com/library_read_article.php?id=68903
Abstract:
The object of this study is a set of diverse social relations that are developing in the sphere of the Prosecutor's Office of the Russian Federation for the supervision of the execution of laws in the light of the development of digital technologies and their implementation in the activities of state and municipal bodies. The subject of the study is the problem of obtaining, processing and using information by the prosecutor necessary to achieve the goals set for him, in particular, the problem of finding the necessary information, which is often carried out manually, sampling from the data obtained those that are really needed for supervisory activities, and their further application. In the course of the study, the author came to the conclusion about the ongoing process of digitalization of the activities of the Prosecutor's Office of the Russian Federation, including the supervision of the execution of laws. At the same time, this process is not as dynamic as the needs of prosecutors to use a large amount of information in their activities. In this regard, it seems obvious that there is a need to introduce artificial intelligence into the activities of the prosecutor's office, which will allow searching and processing many times more information than is done by prosecutors, which will allow you to quickly obtain the necessary information on specific issues as a result of analyzing a larger number of information resources.
Keywords:
remote verification, artificial intelligence, information, supervisory support, checking the enforcement of laws, digitalization, prosecutor's supervision, prosecutor, prosecutor's office, information systems
Reference:
Churikova A.Y..
From computerisation to digital transformation: the relationship between concepts
// NB: Administrative Law and Administration Practice.
2023. № 4.
P. 24-36.
DOI: 10.7256/2306-9945.2023.4.68926 EDN: EHWIDY URL: https://en.nbpublish.com/library_read_article.php?id=68926
Abstract:
Background: information technologies and systems have become an integral part of society. State and municipal authorities are forced to adapt to the digital reality. One important part of this process is establishing a clear and logical terminological base. However, at present there are no normative definitions of commonly used terms related to the processes of implementation and use of information technologies. Objective: to analyze the concepts of computerization, informatization, automation, digitalization and digital transformation of state and municipal government, to draw a relationship between these concepts and give their definition. Methodology: general analysis, formal logic method, comparative analysis, as well as system-structural method. Results and conclusions: it was concluded that the terms computerization, informatization, automation, digitalization and digital transformation have different meanings and actually reflect various aspects of the process of introduction and dissemination of information and telecommunication technologies into the life of society and the state, while they are closely related to each other and in fact are carried out simultaneously. Based on the analysis of scientific literature and current legislation, a comprehensive categorical and terminological apparatus of processes associated with the introduction and use of information technologies and systems in the activities of state and municipal authorities is proposed. The proposed formulations help establish terminological clarity and certainty and can be used in regulations and further scientific research.
Keywords:
local self-government, legal regulation, municipal administration, public administration, digital transformation, digitalisation, automation, informatisation, computerisation, strategic planning
Reference:
Kosareva E.A..
Legal regulation of electronic passports in the Russian Federation
// NB: Administrative Law and Administration Practice.
2023. № 4.
P. 135-145.
DOI: 10.7256/2306-9945.2023.4.68963 EDN: MROUUB URL: https://en.nbpublish.com/library_read_article.php?id=68963
Abstract:
The object of the study of this article is the social relations arising from the issuance and use of newly introduced electronic passports in the passport system of the Russian Federation; the subject of the study are the rules of law governing the introduction and circulation of electronic passports. The purpose of the study is to analyze modern legal acts regulating the passport system of the Russian Federation and to develop measures to improve the passport system for the effective introduction of electronic passports. Based on the purpose of the study, the article analyzes the international experience of the introduction and use of machine-readable and electronic passports, as well as the foreign experience of the CIS countries in the use of biometric passports. The normative legal acts regulating the passport system in the Russian Federation are investigated, as well as gaps in the legislative framework that prevent the effective implementation of the electronic passport system in Russia are identified. The methodological basis of the research is the dialectical method of scientific cognition of phenomena and facts of objective reality in their dynamics and development, as well as general and private scientific research methods. The novelty of the study lies in the fact that attempts to introduce electronic passports into the current Russian passport system have been made since 2013. Pilot projects were proposed to create and implement universal electronic cards, but the projects were closed due to a number of problems. Currently, by Presidential Decree No. 695 of September 18, 2023, the process of introducing electronic digital passports has been resumed, however, for the successful and effective introduction of electronic passports, the modern passport system requires modernization, including in the field of law regulation. The article draws attention to the problems of using electronic passports in relation to the passport system of the Russian Federation. At the same time, based on the purpose of the study, the author analyzes the main regulatory and social problems that arise when introducing electronic passports into life and also suggests a number of measures that contribute to effective electronic passport document management.
Keywords:
rules of law, safety, documents, form, personal data, biometric data, electronic passport, passport, Passport system, legal status
Reference:
Atabekov A.R..
Public Law Aspects of Technical Regulation of Artificial Intelligence in Russia and the World.
// NB: Administrative Law and Administration Practice.
2023. № 2.
P. 39-47.
DOI: 10.7256/2306-9945.2023.2.39938 EDN: EFVTPO URL: https://en.nbpublish.com/library_read_article.php?id=39938
Abstract:
Within the framework of this article, a comparative analysis of existing approaches to the implementation of technical regulation of artificial intelligence in the public law of Russia and foreign countries is carried out. As part of the comparative analysis, the basic problems in the field of proper technical and public regulation of artificial intelligence in the world practice are identified, the practice of technical regulation in Russia is considered separately, and possible compensatory legal measures are proposed to ensure transparent and proper practice of technical regulation of artificial intelligence in the field of public administration in Russia. The subject of the study is the legal relations of public authorities in the field of technical regulation in relation to artificial intelligence. The object of the study is the regulatory documents, recommendations and other documents regulating the implementation of the autonomy of artificial intelligence for the purposes of public legal relations in Russia and foreign countries, academic publications and analytical reports on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the problems of ensuring the proper quality of technical regulation of artificial intelligence through the prism of the actions of standardization bodies and other public authorities. The considered typical situations, the current practice of technical regulation of artificial intelligence, as well as the methods proposed by the author can be reflected in the legislative and law enforcement practice of relevant authorities responsible both for technical regulation and for ensuring the integration of this technology into the sphere of public legal relations.
Keywords:
information law, administrative law, public law, safety AI, technical regulation of AI, comparative legal research of AI, electronic person, artificial intelligence, law enforcement practice, standardization
Reference:
Mazein A.V., Kozhevnikov A.K..
Grounds and Legal Mechanism of Digital Transformation of the Issuance of Official Documents Using NFT in Russia
// NB: Administrative Law and Administration Practice.
2023. № 1.
P. 30-44.
DOI: 10.7256/2306-9945.2023.1.39720 EDN: HMOFBC URL: https://en.nbpublish.com/library_read_article.php?id=39720
Abstract:
The digital transformation of modern Russian society requires the introduction of new network interaction tools, the predominant among which are blockchain systems. Cryptographic transformation of information allows some blockchain systems to generate non-interchangeable tokens (NFT). Taking into account this possibility, cryptographically protected NFT tokens allows to create unique digital images of various objects that cannot be copied or shared. These technological grounds allow us to put forward the idea of translating the usual documents on physical media (paper passport, certificates) into the NFT form. Taking into account the goals of digital transformation, the principles of building blockchain systems, as well as the essential features of NFT, the authors put forward the idea that NFT can become a reliable way to store and protect official documents. At the same time, Russian law currently does not regulate the implementation of NFT documents. Therefore, the authors propose to consolidate the legal concept of an NFT document in the provisions defining the status of individual official documents and the procedure for their issuance. By an official NFT document certifying legally significant facts, the authors propose to understand such a document, which is created and issued by public authorities or authorized organizations, and represents a unique set of metadata transformed cryptographically. For the effective implementation of the mechanism for issuing NFT documents and its timely improvement, the authors propose to conduct a law-making experiment to introduce into circulation the procedure for issuing individual official documents in the form of NFT, and further scale the results of the experiment taking into account the analysis of its results.
Keywords:
public administration, principles, information protection, blockchain technologies, non-fungible token, smart contract, legal regulation, digital transformation, law-making experiment, cryptographic protection
Reference:
Iakovlev-Chernyshev V.A..
Digitalization of state administration in the Russian Federation: advantages and risks
// NB: Administrative Law and Administration Practice.
2021. № 2.
P. 42-51.
DOI: 10.7256/2306-9945.2021.2.36011 URL: https://en.nbpublish.com/library_read_article.php?id=36011
Abstract:
The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.
Keywords:
e-government, legal and administrative status, digital public administration, public administration, digital technologies, digitization, digital government, benefits, risks, regulations
Reference:
Smirnova E.N..
On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government
// NB: Administrative Law and Administration Practice.
2020. № 2.
P. 27-37.
DOI: 10.7256/2306-9945.2020.2.33438 URL: https://en.nbpublish.com/library_read_article.php?id=33438
Abstract:
The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.
Keywords:
prevention of control and supervision activities, mandatory requirements, artificial intelligence, control and supervision activities, state supervision, state control, public administration, digital state control, digital technologies, digitalization
Reference:
Khaliullin A.I..
Use of information technologies in the work of prosecution agencies of the Russian Federation
// NB: Administrative Law and Administration Practice.
2017. № 2.
P. 50-53.
DOI: 10.7256/2306-9945.2017.2.22896 URL: https://en.nbpublish.com/library_read_article.php?id=22896
Abstract:
The article considers the promising directions of use of information technologies for the purpose of raising the effectiveness of prosecutor’s supervision and organization of the work of prosecution agencies of the Russian Federation. The author gives special attention to the current state of the normative base of electronic document management in prosecution agencies, and states the necessity of its further development. The author considers the positive experience of organization of the information system of prosecution agencies, automatized information complexes and specialized information systems. The research methodology is based on the functional method, the method of structural analysis and content-analysis. The author also applies general logical methods: analysis, synthesis, deduction and induction. The author suggests launching the particular elements of such public administration concepts as “state as an information processing platform” and “state as structure providing government services”. The author suggests maximum simplification of the existing procedures by means of automatization of composing and processing of documents, minimization of human’s involvement in adoption and registration of documents, and the possibility of checkback of the applicant’s documents.
Keywords:
prosecutor's authorities, prosecutor's office of the Russian Federation, public administration , information systems, network interaction, government services, organization of activity, prosecutor's supervision, electronic document management, informatization
Reference:
Gryaznova E.V..
Municipal management personnel training in the system of information culture
// NB: Administrative Law and Administration Practice.
2016. № 1.
P. 36-47.
DOI: 10.7256/2306-9945.2016.1.18447 URL: https://en.nbpublish.com/library_read_article.php?id=18447
Abstract:
The research subject is the range of problems of municipal management personnel training in the system of information culture. The research object is the workforce capacity of municipal entities. The author considers the set of problems of municipal management personnel training existing in Russia. Special attention is paid to the problem of a low level of information potential of municipal officials, which is considered as an element of the information culture system. Information potential as a dialectical unity of information needs and capacities of the subjects of management provides for the effective use of the results of informatization in the management of municipal entities. The research methodology is based on the methods of analysis and generalization, the activity approach, the method of typologies building. The author applies the method of processing and reporting sociological data. The research results show that the main reason for a low level of information potential of municipal officials is an inadequate development of algorithms of professional training and reskilling of municipal officers in the discipline “Information culture of municipal officers”. For its development, it is necessary to know properly the structure of information potential as an element of information culture, to be able to formulate the necessary professional requirements for municipal officers training in the context of municipal management informatization.
Keywords:
electronic municipal services, information society, municipal management, municipal officers training, information competence, Informatization, information policy, information transparency of power, information culture, e-government
Reference:
Lokhmanov D.V..
Problems of the public service transparency in the Russian Federation
// NB: Administrative Law and Administration Practice.
2015. № 5.
P. 70-82.
DOI: 10.7256/2306-9945.2015.5.18068 URL: https://en.nbpublish.com/library_read_article.php?id=18068
Abstract:
The author studies the reform aimed at the provision of transparency of public administration and public service in the Russian Federation. The author comes to the conclusion that the recent lack of efficiency of the law enforcement activities of the federal executive authorities, aimed at increasing the transparency of civil service, is conditioned by the absence of administrative regulation of these activities and the lack of personal interest of civil servants in the results of such activities. The methodology of the research is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems approach, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), the methods of specific sociological research (statistical methods, expert assessments, etc.), and the comparative method. Law enforcement activities, aimed at increasing the efficiency of civil service in the Russian Federation, are not productive enough; some regulatory acts, described in the Methodological recommendations for the projects of transparency in the federal executive authorities, have not been developed yet. The author of the research proposes the specific measures of increasing the transparency of public administration and civil service in the Russian Federation.
Keywords:
State, Reform, Administrative law, State civil service, such transparency, Openness, Information, Indicators, Methods, Suggestions
Reference:
Bukalerova L.A., Ostroushko A.V..
The specificity of criminal, administrative and civil responsibility for the offences in the information sphere within the system of public management
// NB: Administrative Law and Administration Practice.
2015. № 1.
P. 81-94.
DOI: 10.7256/2306-9945.2015.1.14109 URL: https://en.nbpublish.com/library_read_article.php?id=14109
Abstract:
The object of the research is a range of public relations emerging in the sphere of the official information in the field of public and municipal management, and public relations in the sphere of its protection from infringements. The protected official information in the sphere of public and municipal management is considered in the paper. Isolation of information offences in the sphere of public management into a separate group simplifies the definition of their nature, the comprehension of their essence, and the formation of the preventive system. The definition of the specificity of information offences in the sphere of public management and their characteristics helps to assess the degree of their danger and to regulate more thoroughly the use of criminal, administrative or civil responsibility for unlawful deeds in the sphere of public management. The authors use the set of general scientific and special methods of cognition of social-legal reality. The methodology of the research is based on the dialectical method and the requirements for objectivity, universality, historicism and the clarity of truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As the special scientific method the authors use the comparative-legal method. The authors come to the conclusion about the need to classify and unite all information offences in the sphere of public management into a separate category. The authors suggest the following understanding of information offences in the sphere of public management – the infringements in which the protected official information is an object of an offence or an instrument of an offence.
Keywords:
administrative responsibility, criminal responsibility, civil responsibility, crime, administrative offences, information offences, information, activities of public officials, activities of municipal officials, legal responsibility of officials