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 thestate (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 cyclicchange of sovereignty and globalization trends in the legal regulation of information relations, includingthose existing at the present stage of sovereignty, doctrinal highlighted the problem of determiningthe nature and content of the category information of the sovereignty of the state, its difference fromthe traditional territorial binding national sovereignty. Based on the analysis of the Constitutional Courtpractice, the analysis highlights the properties (attributes) of the state. The paper consistently examinesforeign approaches to the definition of the information content of the sovereignty of the state in termsof development of information relations with the 1980s to the modern concepts of sovereignty and thesovereignty of the digital data, carried out their periodization, chronologically associated with the developmentof information technologies. The necessity of development of publicly-legal doctrine of the sovereigntyof the information, as well as the conclusion that the implementation of state sovereignty in theinformation space should be carried out by means of information and functions of the state informationpolicy, characterized by the existing scientific approaches to the content of these categories. Based onthe analysis of the Russian legislation, the analysis highlights the elements of the legal institutionalizationof state sovereignty, including the definition of its scope; attribution of sovereignty to the purposesand principles of the legal regulation in the relevant field; assignment of protecting the sovereignty ofthe powers of public authorities. Conducted on the basis of the abovementioned analysis of the keyelements of allocated federal laws in the sphere of information relations has shown the absence oflegislative institutionalization of information sovereignty of the state in these federal laws. To ensure theinstitutionalization of the legislative sovereignty of the state of the information substantiated a numberof suggestions for improving the federal laws in the sphere of information relations.