Article
О проблемах формирования правовой системы ограничения доступа к информации
The article concerns theoretical approaches to formation of legal system of secrets in the Russian Federation; evaluates possibility of creation of the system of secrets with an exhaustive number of categories; determines mechanisms of formation of regimes of «primary» and «derivative» secrets, principles of transformation of these regimes. On the basis of analysis of legislation the author formulates proposals with regard to improvement of a number of federal laws.
The chapter identifies general characteristics and analyzes the key features of the regulation of the information with limited access. Special attention is paid to state secrets, official and commercial secrets, as well as to the institution of professional secrets.
Trade secrets as the target of crime provided by the Article 183 of the Russian Federation Criminal Code are considered. The author analyses present definitions of the «trade secret», emphasizes and reveals its features.
The article discusses the possibility of providing students with confidential information for e-learning. We have examined the legal regulation of the regime of trade secrets. There were shown the technical methods of protection and accountability for violations. The paper concluded that the need to adopt a number of legal norms, which specify the procedure for the use of confidential information in e-learning environment.
The article considers the key problems of application of the legislation of protection of state secret requiring the complex improvement thereof including: the system of securing information, absence of the mechanism of determination of the volume of losses from securing information, violation of balance of interests of security and scientific-techniques development, opportunities of protection of state secret by «nonsecret-carriers», adequacy of limitation of human rights to receipt of foreign passport and exit from the Russian Federation (in connection with the access to the state secret), compensations and social guarantees in connection with access to the state secret, development of the legal institute of official secret, imbalance of responsibility for violation of legislation on state secret, non-correspondence of Law of the RF «On state secret» to other federal laws. The author proposes directions of improvement of the legislation securing protection of the state secret.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/