Formation of the Concept of Information Sovereignty of the State

Abstract

The article is devoted to the comparative analysis of the concepts of information sovereignty of the state (of state sovereignty in the information space) in the foreign Russian political and legal science, as well as their legislative implementation in the Russian Federation. The author described a cyclic change of sovereignty and globalization trends in the legal regulation of information relations, including those existing at the present stage of sovereignty, doctrinal highlighted the problem of determining the nature and content of the category information of the sovereignty of the state, its difference from the traditional territorial binding national sovereignty. Based on the analysis of the Constitutional Court practice, the analysis highlights the properties (attributes) of the state. The paper consistently examines foreign approaches to the definition of the information content of the sovereignty of the state in terms of development of information relations with the 1980s to the modern concepts of sovereignty and the sovereignty of the digital data, carried out their periodization, chronologically associated with the development of information technologies. The necessity of development of publicly-legal doctrine of the sovereignty of the information, as well as the conclusion that the implementation of state sovereignty in the information space should be carried out by means of information and functions of the state information policy, characterized by the existing scientific approaches to the content of these categories. Based on the analysis of the Russian legislation, the analysis highlights the elements of the legal institutionalization of state sovereignty, including the definition of its scope; attribution of sovereignty to the purposes and principles of the legal regulation in the relevant field; assignment of protecting the sovereignty of the powers of public authorities. Conducted on the basis of the above mentioned analysis of the key elements of allocated federal laws in the sphere of information relations has shown the absence of legislative institutionalization of information sovereignty of the state in these federal laws. To ensure the institutionalization of the legislative sovereignty of the state of the information substantiated a number of suggestions for improving the federal laws in the sphere of information relations.