Features of the territorial and geographical location of the Russian empire. Geographical location of Russia. List of used literature

Legal information is a kind of information in general, its specific concept. Therefore, all the features characteristic of the concept of information are equally inherent in the concept of legal information. At the same time, legal information has specific features that make it possible to distinguish it into an independent concept. Until the 70s, the term "legal information" was not used in legal literature. The authors preferred, considering informational problems of law, to use subject terminology: "sources of law", "legal sources", "legal material", "legal acts", "legal documents", etc.

The emergence of cybernetic methods in the study of legal problems has led to the need to generalize specific legal terms in the information aspect into a single concept - legal information.

The complex nature of the functions of law also predetermines the variety of legal information, which makes it difficult in practice to separate it from political, ideological, and economic information. That is why there is no single definition of the concept of legal information in the legal literature.

At the same time, the existing definitions of legal information do not fundamentally differ from the content of this concept, they mainly highlight the aspect that seems to one or another author to be the most relevant in considering the relevant problem. Therefore, in some definitions of legal information there is no place for the essential elements of this concept, in others the emphasis of the importance of those features that distinguish legal information from other types of scientific information is shifted. The most correct is an integrated approach to the study of the concept of legal information. First, legal information is the informational and semantic content of legal norms. These should include not only acts of higher and local authorities and administration, departmental regulations, but also judicial, arbitration, notarial practice.

If we accept such a definition of legal information, then it is possible to delimit it from political, economic, ideological and other types of scientific information.

Legal information has features in the semantic (semantic) and pragmatic aspects.

The content of legal information is not just a collection of information about certain public relations and their analysis. Information becomes legal only when it passes through the state mechanism and finds its own method of regulation, transforming into the form of a law, other normative act or law enforcement document. Reflecting the will of the legislator, legal information regulates certain aspects of the economic and socio-cultural activities of society.

The degree of implementation of the tasks set by the state on the basis of the implementation of legal regulations characterizes the effectiveness of legal norms, and depending on its state, the legislator supplements or changes the content of legal information.

The generally binding nature of legal norms, their state significance predetermine the universal need for legal information, its value for the whole society.

An integrated approach to the study of the concept of legal information allows you to include information contained in it:

• a) in legal acts of higher and local authorities and administration;
• b) in departmental legal acts, judicial, arbitration and other law enforcement documents;
• c) in various kinds of reference materials on legal documents;
• d) in statistical information about the law;
• e) in scientific and legal research carried out on the basis of an analysis of legal acts;
• f) in orders and orders of officials of an institution, enterprises and organization, acts of notarial bodies.

The elements that make up the concept of legal information, in turn, serve as the basis for its classification.

Sources of legal information are divided in the scientific literature into official and unofficial.

The official sources of legal information include acts of the highest bodies of state power and administration, regulations of ministries and departments, legal decisions of local authorities, as well as acts of the highest judicial and arbitration bodies. That is, the legal information emanating from the listed bodies has the status of official.

Unofficial sources of legal information should be considered orders and orders of heads of institutions, enterprises and organizations; judgments, decisions and rulings; arbitral awards and rulings, acts of notary bodies; scientific and legal research and legal doctrines.

Generally speaking, the official sources of legal information include regulatory acts of state bodies, as well as acts of the highest judicial and arbitration bodies. All other legal documents and scientific and legal research, doctrines, teachings, recommendations, programs, regulations, etc. of a very different nature, should be attributed to unofficial sources.

Legal information is divided into documentary and non-documentary.

Any material object is recognized as a legal document, in which the most diverse properties of knowledge about law are recorded, intended for transmission in time and space and used in public practice.

Non-documentary information includes that which is either not materially expressed (for example, oral statements about the law, about the processes and phenomena associated with it), or although it is fixed on a material medium, but does not have social significance (for example, personal records of a legal nature, not having public use).

In terms of form, documents in computer science are classified into: text (books, magazines, individual pages, etc.); graphic (drawings, diagrams, plans, etc.); audiovisual (sound recordings, films, etc.).

The traditional material expression of a legal document is paper. At the same time, in the conditions of scientific and technological progress, when electronic computers and, in particular, automated control systems of all levels and automated information and legal systems, are increasingly "interfering" in the process of managing society, new forms of legal information carriers have emerged. Legal information in the management process of a computer is fixed, stored, and moves on various magnetic media (disks, floppy disks, tapes, etc.). Specific types of paper media have appeared (punched cards, printouts, etc.).

Legal information can be fixed and stored on films for subsequent reproduction on photocopies. A kind of carrier of legal information is the display screen, since it serves only as a means of displaying information in the computer's memory.

Factual information is also distinguished. It is represented by information about the facts. In other words, it is an informational reflection of a certain fact without interpretation or explanation.

Factographic information concerns a wide variety of subjects, objects, phenomena and is very diverse in form and content. For example, it includes the names and names of specific institutions, organizations, enterprises, settlements, rivers, seas, lakes, stations, architectural structures, brands of equipment; object numbers; their numerical characteristics.

Legal documents are also divided into primary and secondary. The sign of classification in this case is not the form of fixing the information, but the source of its origin.

Primary is the legal information contained in regulatory and legal acts. Information does not lose its primary properties if it is reproduced in physical form in the order of replication, copying, microfilming, etc. The results of scientific activity (for example, works, articles) should also be referred to as primary information.

Secondary legal information is the result of apalytic-synthetic and logical processing of the information content of primary documents.

Analytical and synthetic processing of documents is aimed at transforming them in accordance with one or another task of information activity, for example, bibliographic description of documents, their classification, systematization, annotation, abstracting, indexing, translation from language into another language.

All information circulating in the legal system can be roughly divided into two large classes.

The first class is legal information itself. Legal information includes, first of all, legal acts, as well as all information that is related to law: materials for the preparation of bills and other regulatory legal acts, materials for their discussion and adoption, accounting and streamlining, interpretation and implementation of legal norms, materials for studying the practice of applying these norms ... The legal information also includes materials on legal education and the development of scientific concepts for the development of law. The second class is a variety of information that is the object of legal relations. It can include, for example, information constituting professional, commercial, state and other types of secrets, information disseminated by the media, information, access to which cannot be restricted by law, etc.

Based on the foregoing, legal information can be defined as an array of regulatory legal acts and closely related reference, technical and scientific materials covering all areas of legal activity. In addition, legal information, depending on who it comes from and what it is directed to, can be divided into three large groups: official legal information, information of an individual legal nature and unofficial legal information. Official legal information is information coming from authorized state bodies that has legal significance and is aimed at regulating public relations.

Official legal information, in turn, is subdivided into regulatory legal information and other official legal information. Regulatory legal information forms the core of all legal information and is a collection of regulatory legal acts. A normative legal act is a written official document adopted (issued) in a certain form by a legal authority within its competence and aimed at establishing, changing and abolishing legal norms. Other non-normative official legal information includes: acts of a general nature; statements of official clarification; enforcement acts. Acts of a general nature, not being normative, create a series of legal relations, many subjects are involved in their execution, but these acts are exhausted by a single execution Acts of official clarification of existing norms are acts of interpretation of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation, guiding clarifications of the Plenum of the Supreme Court of the Russian Federation, the Plenum of the Supreme Of the Arbitration Court of the Russian Federation, etc. Law enforcement acts are individual legal acts adopted by legislative and executive authorities, judicial, prosecutorial authorities, state inspections, etc. Information of an individual legal nature that has legal significance is information emanating from various subjects of law that do not have authority, and aimed at creating (changing, terminating) specific legal relations. Unofficial legal information is materials and information about legislation and the practice of its implementation (application), which do not entail legal consequences and ensure the effective implementation of legal norms. legal information legal law

In the field of legal activity and legal informatization, the term "legal information" is widely used. Legal information includes, first of all, legal acts, as well as all information that is related to law: materials for the preparation of bills and other regulatory legal acts, their discussion and adoption, accounting and streamlining, interpretation and implementation of legal norms, studying the practice of their application. The legal information also includes materials on legal education and the development of scientific concepts for the development of law.

Based on the foregoing, legal information can be defined as an array of legal acts and closely related reference, normative - technical and scientific materials covering all areas of legal activity.

Legal information, depending on who is its "author", that is, who it comes from, and what it is directed to, can be divided into three large groups: official legal information, information of an individual legal nature that has legal significance, and unofficial legal information.

Official legal information is information coming from authorized state bodies that has legal significance and is aimed at regulating public relations.

Information of an individual legal nature that has legal significance is information emanating from various subjects of law that do not have authority, and aimed at creating (changing, terminating) specific legal relations.

Unofficial legal information is materials and information about legislation and the practice of its implementation (application), which do not entail legal consequences and ensure the effective implementation of legal norms.

Let's consider the named groups in more detail.

Broad sense. All information about the law, including legal activity and practice of lawyers. Narrow meaning. Officially adopted normative legal documents, only sources of law, i.e. all ABOs.

Legal information is an image of legal reality, reflected in the mind of the ruling subject and expressed in the form of a rule of law.

The main theses about the essence:

The law is of an informational nature.

Legal norm is the main carrier of legal information; an abstract model of ideal rules of conduct.

The essence is manifested in the ratio of legal. reality, its reflection in the legal consciousness of the legislator, the formulation of the image in the rule of law.

Structural elements of the process of forming legal information:

Historically determined legal reality... In jurisprudence, legal reality is legal relations, a set of legal relations: real life situations that are in dire need of legal regulation, but they have not yet been settled. Legal reality is a source and a decisive factor in the formation of legal information.

Legal norms as an image and form of legal information. The rule of law is an abstract image of legal reality. The symbol of this image is the rule of law written in the text of the legal act.

Legal awareness of the legislator as a sign of legal information, a decisive factor in the formation of rights. information. Closely related to the presence of the state. will , a special spiritual environment, lawmaking consciousness of the legislator.

Properties of legal information:

Adequacy. The norms of law should reflect not only all existing life situations, but also design (simulate) possible situations. The adequacy of legal information is manifested in the high quality of laws and by-laws, free from defects.

Transparency. Legal information should be freely circulated in society and everyone should be able to use it to improve their living conditions and respect the rights of others. The addressee of the rules of conduct must be "informed" of their existence, ie. subjects of law must have knowledge of legal information.

The consistency of legal information is manifested in the objective process of organizing its array, depending on the logical coherence and nature of the rule of law. Arrays (set) of legal norms as elementary parts of legal information reflect a variety of existing legal relations and form criteria (signs) for the distribution of legal information by legal institutions, branches, sub-branches of the legal system.

Stability. Creation of a margin of safety for the rule of law against their "premature aging", i.e. their loss of legal force. When designing images (models) of legal information, it is necessary to take into account all possible permissible threats to legal information, to keep its parameters in a state of stability.

Ministry of Education and Science
Russian Federation

Ural State Law Academy
Department of Information Law and
natural sciences

P.U. Kuznetsov

LEGAL INFORMATICS
Theory. a common part

Tutorial

Head of the Department of Information Law and Natural Science Disciplines of the Ural State Law Academy, Doctor of Law P.U. Kuznetsov

Kuznetsov P.U. Legal informatics. Theory. General part: Textbook. allowance. - Yekaterinburg: Ural State Law Academy, 2007.44 p.

The manual contains the general part of the lecture course (theory) on the discipline "Legal Informatics".
The publication is addressed to full-time, part-time (evening) and part-time students, as well as external studies in the specialty "Jurisprudence".

© Kuznetsov P.U., 2007
© Ural State Law Academy, 2007

TABLE OF CONTENTS

INTRODUCTION
LECTURE 1. CONCEPT OF LEGAL INFORMATICS AND ITS SUBJECT
1. Legal informatics in the information knowledge system
2.The concept and subject of legal informatics
3. The place of legal informatics in jurisprudence and the system of other sciences
4. Legal informatics as a science and academic disciplines
5.A Brief History of Legal Informatics
6.Informatization of legal activity
LECTURE 2. LEGAL INFORMATION AND ITS TYPES
1.Legal Notice - Part of Social Information
2.The concept of legal information
3.Types of legal information
RECOMMENDED REFERENCES
Normative acts
Recommended reading basic
Recommended additional reading

INTRODUCTION

The solution of modern problems of social management is more and more associated with the development of information processes. Information, information means and methods (technologies) of its processing are becoming integral components of public relations. Trends and patterns in the development of information, the massive nature of information processes in society in the context of the use of high computer technologies at the turn of the 70s of the last century formed a new interdisciplinary field of knowledge - computer science.
More than half a century of evolution of human activity related to information has led to the large-scale use of computers and telecommunications in all spheres of human activity, including legal.
In the 70s - 90s. XX century legal scholars conducted discussions within the framework of the relationship between the problems of informatics and law. As a result, the most fruitful direction turned out to be, which by the mid-90s was united under the general name "legal informatics". Within the framework of this area of ​​knowledge, the problems of the movement of legal information processed by electronic computers (ECM) and information support of legal activity began to be studied.
Thus, by the end of the century, a new scientific discipline appeared that studies the basic laws of legal information and information processes in the legal system. Since that time, the branch of knowledge of the same name has received the status of an academic discipline.
The main goal of the training course "Legal Informatics" is to teach law students the skills of acquiring knowledge in the field of creation, receipt, processing, storage, dissemination and use of legal information.

LECTURE 1. CONCEPT OF LEGAL INFORMATICS AND ITS SUBJECT

1. Legal informatics in the information knowledge system

First, a few introductory words.
Let's pay attention to the reality around us. Modern life is becoming more and more complicated and depends on the latest technical and technological factors.
Scientific and technical progress (STP) affected not only those who are directly related to physics, mathematics, technical sciences. The achievements of science and technology have become noticeable at the household level as well. All home appliances are a product of NTP.
If earlier many years passed from scientific discovery to its everyday use, today the terms have been significantly reduced. This is due to the factors of nonlinear development of modern society, when many of its tendencies acquire an exponential trajectory.
Today, a sphere of professional activity has appeared related to the introduction of fundamental discoveries in the field of science and technology. Its main goal is the fastest use of discoveries in the mass production of household appliances. The largest firms - manufacturers of sophisticated electronic equipment - create not only scientific laboratories, but entire research institutes for applied research. Specialists of such organizations study discoveries in the field of physics and mathematics, carefully analyze them from the point of view of their application at the everyday level. Moreover, this work is very highly paid. This is where our specialists in the field of programming are invited.
In short, such firms are engaged in the implementation of modern methods of production, processing and use of information (information technology) in the mass production of complex household appliances. Mobile phones, digital audio players and digital photo-video equipment first appear from the walls of such innovative companies, are tested, and then are put on the conveyor of leading manufacturers.
Thus, you all see the achievements of scientific and technological progress and use them without thinking about how and what is happening at the scientific and technical level.
But what has to do with here, you say, jurisprudence?
The point is that these same achievements of scientific and technological progress are increasingly penetrating into jurisprudence and are used in professional legal activities.
Starting from his student days, the lawyer is already immersed in new information and computer realities. In your first year, you studied computer science and gained your first practical experience in computer technology. In the second year, the student is taught how to use his information knowledge in relation to jurisprudence. In subsequent courses, you will study the educational discipline "information law", that is, a system of knowledge about the totality of legal norms governing information processes, as well as a special educational discipline about the peculiarities of using computer technologies in professional legal activity.
When you start working as a lawyer, you will be entrusted with sophisticated computer technology and vast amounts of information, the nature of which will largely depend on where you work.
If you go to work in economic organizations (or, as they say, in the real sector of the economy), then you will work mainly with production and related legal information.
Having entered the service of banking and other financial organizations, then there you will meet with financial and economic information.
In the public sector of management activity, a lawyer processes huge arrays of interdepartmental information resources.
Currently, due to the intensification of competition and the transition of organizations to the modern level of management, all entrepreneurs are faced with such a new phenomenon, which is called "commercial and official secrets."
If some of you happen to work in law enforcement agencies, then there you will meet with computer-equipped workplaces. In law enforcement and judicial authorities, the workflow is being improved more and more, special software tools are being introduced to manage legal activities.
All professional information is now stored in computers and requires professional knowledge to use it.
You, future lawyers, need to master well the knowledge of the use of computer technology to find the necessary texts of laws, codes and other regulatory legal acts. In order to quickly find the required legal text and process it for use, special knowledge is required.
In a word, you and I will have to study and practically assimilate such knowledge in order to use it in our practice as a lawyer.
Well, now let's move on to the question of the concept of legal informatics.
Before explaining the meaning and significance of categories that are difficult for you, I would like to return to your knowledge in the field of computer science.
You probably remember that informatics is a complex intersectoral science that studies the laws of the nature of information (its structure and properties), as well as information processes (formation, transmission and use of information).
Let's look at this definition again and dwell briefly on its main features. Note that this is important for a general understanding of all the problems of information topics.

The nature of information.

The origin of the word "information" is Latin, literally meaning - a message informing about the state of affairs or about someone's activity.
It must be said that the word "information" is absent in the dictionaries of Vladimir Dahl. In Russian, there are more expressive synonyms for us - know (know), notify.
So, to inform - means to inform, to know, to notify.
In this sense, the term information was used until the 50s of the last century, that is, before information acquired a slightly different meaning, especially in mathematics and cybernetics, where information is understood quantitative measure of reducing uncertainty, or entropy(the author of this concept is Claude Shannon).
Information theory has found its place in cybernetics, the subject of which is quantitative patterns of information movement. The scientific use of the terms "information" and "cybernetics" is associated with control theory - the science of the twentieth century. - especially with the names of such outstanding scientists as Taylor, Wiener. The first was engaged in the theory of management in connection with the need to develop the latest methods of increasing labor productivity, and the second in the twenties of the last century began to search for a mathematical substantiation of the laws of management processes.
The existing differences in the views of scientists on the nature of information only emphasize the complexity of the problem of the place and role of information in nature and society. However, these differences do not exhaust all the ways to solve this problem. Concepts and theories of information only complement each other and reveal its diverse content from different sides, from the point of view of different scientific systems.
For social scientists, the humanitarian aspects are of greater interest, in particular, social ones - they are closer to us in their kind.
Fundamental discoveries in the field of control theory and information have led many scientists to the conclusion that the nature of information lies in the plane of the theory of reflection of material and non-material objects and phenomena.
Let us recall the main points of the application of the theory of reflection to the problems of understanding the nature of information.
Based on a brief presentation of the concept of the nature of information, set forth by N. S. Polev, which he formulated in a textbook on legal informatics and cybernetics, we will try to describe its model as follows.
According to the law of REFLECTION, all PHENOMENA existing in nature and society, to one degree or another, INTERACT with each other. Such interaction, interconnections and interdependencies formed the basis of many other laws and theories.
Interaction, interdependence and reflection are essential to understanding the nature of information.
But to understand the nature and essence of information, it is necessary to imagine the mechanism of reflection itself. For this we need to consider information structure, that is, the internal structure of all its elements.
Immediately, we will make a reservation regarding the fact that the information model is given by us in relation to the human dimension, and not in the technological and mathematical sense.
What is the composition of the elements of the information structure and how are they related to each other?
As we have already noted, all phenomena and objects of the material and non-material world are in constant movement, change and interaction... Due to this factor, they influence each other, transmit to each other their individual external or internal signs, properties and characteristic features.
THE RESULT of influence or interaction is always associated with meaningful way that object or phenomenon, which is an "active" element of interaction and which influences another phenomenon (object). This meaningful image is the whole point of understanding INFORMATION.
Now we will spatially represent one object as an object ( A), and another object, which is influenced in the form of another object ( B).
Reflected image of the object A(that is, its signs and projecting changes in the object B) is denoted by one more element ( WITH), which in its external and internal features resembles an object A... But since this image object A, then he only reminds him in his features and characteristics.
The displayed image usually has its own material medium and or informational symbol. Such a symbol can be a number, a graphic image, a certain musical combination of sounds and their musical expressions, etc.
Let us note for ourselves one more important condition of the reflection mechanism.
Another object can also participate in the process of reflection, through which the process of influence (or interaction) itself takes place. Let's call it reflective object (D). In human society, such an object is usually a subject of public relations (individuals or legal entities) who participates in a targeted information process (for example, a media outlet, an advertiser or a lecturer who conveys his knowledge to the audience, etc.). It is easier to imagine it in the form of a simple mirror, into which we look every day and in which our image is reflected.
So, the structure of the mechanism of such interaction (reflection) is as follows:
- usually at least two objects or phenomena interact (one affects, that is, reflects its properties and features, and the other fixes on itself or perceives the properties or features transferred to it);
- display (image and its material symbol) carries qualitative or quantitative properties (signs) of the object A;
- a reflecting object can participate in the reflection process D.
Thus, we can now imagine the internal structure of the reflection process: reflected and displayed objects, the result of reflection (displayed image) and its material medium (code, symbol, message).
The result of the process is the reflection (displayed image) and its material medium (symbol) and is INFORMATION.
Thus, information has an internal content (displayed image) and an external form (symbol).
The information symbol usually looks like some kind of signal or message.
You should remember that the described information model is a theoretical construction, an abstract model that looks like this for a general understanding of the essence of information. In real life, we often see only “symbolic” results of the process of reflecting reality, that is, various material carriers of information:
- alphabetic characters and their systems (text information);
- graphic symbols (image);
- sound signals (sound information);
- mathematical symbols and codes (computer information);
- legal (norms of law).
This is the process of reflection, this is the nature and structure of information. It has always existed, at all times, in living and inanimate nature, in a natural environment and a system artificially created by man.
Historically, only the temporal and spatial forms of the information structure have changed, but its essence (nature) remains unchanged.
At present, in the century of scientific and technological progress, the forms of reflection have significantly changed the very mechanism of display through the introduction of electronic computers and digital technologies. Man himself has also changed, as the bearer of the displayed image and the reflecting subject. Man began to actively intervene in the process of reflection and often introduces dissonance into the objective process of reflection, making it more and more inadequate. A person, armed with powerful technical means and digital technologies, either accelerates the process of interaction of objects of material nature, or, on the contrary, slows it down. In a word, the development of scientific and technological progress does not always have a positive effect on the evolutionary development of nature.
As we have already noted, the displaying object ( D) can be a person or a community of people. A lot depends on a person in the process of displaying existing phenomena. Therefore, in the information sphere of human activity, various metamorphoses are taking place today, a so-called "virtual" (that is, as if unreal) world is being created, information wars and other side effects of the information sphere arise. A person, using modern computer technology and high information technology, often deliberately creates a whole system of "crooked mirrors" and imposes on others a supposedly real informational picture of the modern world.
This is the key to many problems of our time. It is he who gives scientists the basis for pessimistic forecasts regarding the future of the so-called information society. But this is not the subject of our course, but rather the philosophy and sociology of information law.
Now briefly about properties of information .
They are most fully described in scientific and educational literature, including those publications to which I have already had to refer.
The main properties of information include:
- materiality(that is, the ability to affect the senses and other sensory elements);
- secondary in relation to reflected objects and phenomena;
- objectivity(that is, the independence of the reflection process and the reflected image from the subject who receives the information);
- indestructibility information as an ideal image and destructibility(the possibility of physical destruction) of signs or symbols that make up the material basis of information;
- copyability(the ability to create a large number of copies of the material carrier of information);
- credibility(the ability to accurately reflect the existing phenomena of reality);
- usefulness and value information is due to the peculiarities of its use in a particular area of ​​human activity, a measure of admissibility for decision-making in a particular life situation.
All properties of information indicate that it has flexible and very sensitive qualities that make it very dependent on the external world as a factor.
We will return more than once to the characterization of information, and now we will focus on the last sign of the definition of informatics - information processes.

Information processes.

In order to understand the essence of the information process, it is necessary to consider the process of information movement, in other words, information circulation.
The movement of information in society and human activity takes place in several forms.
The first form is Search information.
The central, almost key issue of life is not just information, but its structured set, called information resource... It is information resources that interest people, no matter what type of activity they are engaged in. A fierce struggle for their mastery is going on around the information resource. It is this resource that becomes the highest priority of the entire resource social system (administrative, natural, material and financial, personnel, etc.). It is no coincidence that experts give such an assessment, since in certain types of activity (exchange, banking, investment, etc.), where information on favorable financial conditions plays a key role. This is confirmed in crisis situations on the global and national financial markets. Exclusive information about the state of the foreign exchange or investment markets made it possible for the owners of such information to conclude especially profitable exchange and investment transactions.
Perhaps one of the most serious problems of modern life is finding important information at the right time. Today, it is not the volume of information that determines the needs of information users, but the accuracy and speed of its search.
The next form of information movement is its treatment... As you know, it is not enough to find the information you need - it is equally important to preserve, protect and process it. Much depends on the technical capabilities of the computer, software and user skills. We will return to the problems of information processing later in the course.
The form of movement of information is its broadcast... Here, too, a significant role is assigned to the technical characteristics of telecommunications (or communications). Modern digital telephone systems with high quality characteristics ensure high speed and accuracy of information transmission over long distances. At the turn of the 70s of the last century, revolutionary telecommunication transformations took place. First, a digital information transmission technology was created, and then, on the basis of laser technologies, fiber-optic communication channels appeared. Such discoveries made it possible to create unique technical and technological capabilities to transmit huge amounts of information and at high speed. On the basis of digital technologies, conditions were created for a significant transformation of global telecommunication networks, including the global Internet, which revolutionized the information transmission system in the 80s and 90s.
Finally, the last form of movement of information is its usage... The named form is the most common. It is she who determines the wide interest of the user.
So, as you can see, information goes through several forms of its circulation in time, in other words, several stages: search, processing, transmission and use... The passage of information through the named circle and "dressing" it in different clothes (or forms) is usually associated with such a word as information circulation... We will try to remember it, since we will use this term more than once when characterizing an information topic.
When using one of the named forms of information, a person is immersed in the sphere of information or information sphere.
Thus, the spatio-temporal area of ​​human activity associated with the search, processing (storage and protection), transmission and use of information is called information sphere.
In the definition of "information process" as process of formation, transmission and use of information the meaning of the concept of the named term is not exhausted. The Federal Law "On Information, Informatization and Protection of Information" provides a detailed definition of the named concept: "the process of creation, collection, processing, accumulation, storage, search and dissemination of information." The Federal Law “On Participation in International Information Exchange” supplements the named logical series with another form of information existence - “information consumption”.
The point is not at all whether all the forms of existence are listed, but so that you understand the meaning of a separate part of the subject of informatics. And its meaning lies in the fact that along with the laws of the phenomenon (information) itself, the science of informatics studies the process of movement of information, that is, its dynamic characteristics.
The forms of movement (circulation) of information in the process of human activity can be different, depending on the goal setting.
In some cases, this can only Search information, others may only be useful processing and storage... Thirdly, only transmission or distribution... Fourth, a person can only be interested in protection information. In some cases, the most complete set of forms of information circulation can also be found.
Each of these forms of information existence is dynamic in nature. I have already had to emphasize that information is very closely related to objects and phenomena of reality, since in the course of their development a real process of reflecting this development arises, that is, the information process.
In real life, the information process is as diverse as the reality itself, reflected in the information.
Depending on the types and forms of information, the processes themselves are a set of real life cycles and stages of reflected objects and phenomena.
Depending on the environment for the dissemination of information, information processes can occur in:
-natural environment (geology, biology, etc.);
-technical environment (machines, mechanisms, telecommunications, etc.);
-social environment (social processes).
Hence, information processes can be biological, technical and social.
For us, the most important environment is the third - social (public), since it is in this sense that legal categories and legal systems are considered.
In a social sense, it is possible to speak with a general understanding of the ongoing processes of using information as information about the facts of existing reality.
In computer science, it is customary to talk not just about information processes, but about the purposeful realization of the interests of the subjects of social life or social production.
The subjects are always a person, citizen, personality.
The subject can also be a collective (society) or the state (or its representatives - bodies or organizations).
Depending on the complexity of the informational interest individual, society and state there may be more complex forms of realizing such an interest in the information sphere, or, conversely, simpler ones.

2.The concept and subject of legal informatics

Now that we have examined the concept of informatics (as a whole), it will be easier for us to understand the essence of legal informatics (that is, its part).
First, let's understand the terms and definitions in order to understand the title and content of our course "Legal Informatics".
The starting point of the science of informatics is the problem of information and information processes in all spheres of life. Moreover, in modern times, such problems are solved in many respects in the conditions of the massive use of computers and high technologies.
With regard to the legal sphere, we will make a preliminary conclusion that the main problems and content of legal informatics are, respectively legal information and information processes in the legal system.
Consequently, the subject of legal informatics is two groups of issues. The first of them is the study, consideration and solution of problems, the core of which is legal information and other subtypes associated with it (electronic legal information, for example). The second group of questions is at the center of the solution problems of the information process (circulation) of legal information processed with the help of computers and high information technologies.
Thus, using the above definition of informatics in relation to the legal sphere, it is easy to formulate the essence of the problems of legal informatics.
Let's try to do this.
The first group problems of legal informatics are questions of the nature (structure, content and characteristics) of legal information, its development and interaction with other types of information. This group of problems includes the issues of using the interdisciplinary field of knowledge in the field of informatics to solve the problems of the nature of legal information.
For example, the use of knowledge in the field of cybernetics and the laws of the nature of information makes it possible to study the problems of legal information (as a type of information) as a backbone formation in the legal system.
The second group of problems of legal informatics is the application and use of modern information tools (electronic computers and high technologies) for the search, creation, processing, storage, transmission and dissemination of legal information (i.e., the circulation of legal information).
The problems of using electronic computing means (computers), high computer technologies and digital means of communication in the processing of legal information are problems information technology support of legal activities(i.e. questions of informatization of the activities of legal bodies and organizations).
In modern legal activity, the scope of using the information infrastructure means is expanding: computer technology, means of transmitting computer legal information (i.e. information about regulatory acts that have been processed on a computer) and electronic document flow, elements of electronic regulations for procedural law enforcement activities, the use of electronic digital signatures and digital types of forensic evidence, etc.
The named problems form a specific group of knowledge in terms of information support of legal activity. Such support is associated not only with the issues of the process of circulation of legal information processed with the help of computers, but also with the use of other elements of the information infrastructure, in particular, modern information technologies. Therefore, the named group of problems is called information technology processes occurring in the legal system, including in legal activity.
Now we can formulate the very definition of the concept of "legal informatics".
Legal informatics is an interdisciplinary branch of knowledge about the laws of the nature of legal information and information technology processes (formation and implementation of legal information) in the legal system.
Thus, in subject of the course "Legal Informatics" includes the study of knowledge:
- about the patterns of legal information;
- about the features of information support for legal activities, i.e. the use of computing facilities, communication systems and information technologies in the process of searching, processing, transferring and using legal information.

3. The place of legal informatics in jurisprudence and the system of other sciences.

A feature of legal informatics is that it presents and links two principles - legal and technical and technological... Therefore, this discipline cannot be attributed to legal, information or technical branches of knowledge alone. This is a typical complex, integrated branch of knowledge.
How does legal informatics correlate with the named sciences?
The use of knowledge in the field of general theory of law- fundamental intersectoral legal science, revealing the essence and patterns of legal reality in general, all legal phenomena and processes.
The central problem of the science of legal informatics is the problem of the nature of legal information. In the general theory of law, it is associated with theoretical concepts rule of law... As you know, the rule of law is the main structural element of the system of law and the mechanism of legal regulation. It is the link connecting these scientific disciplines. General theory of law examines legal information through the prism of established rules of conduct, and legal informatics examines the rules of law from the point of view of text form legal information, from the point of view of the nature of a legal norm as a text. In other words, the named branches of knowledge harmoniously complement each other from different positions.
There is a close connection between legal informatics and scientific disciplines such as criminal and civil procedure, forensic science and criminology, legal statistics and legal psychology. In the above-mentioned branch legal sciences, legal information also occupies one of the leading places in the study of problems of the theory of evidence, information processes in the procedural activities of law enforcement agencies, forensic techniques, tactics and methods, the study of legal problems of the theory of reflection, etc.
Analytical information technologies and their application in jurisprudence are also of interest to legal scholars. Legal analytics takes an increasing place in the activities of law enforcement agencies. Methodological problems associated with the receipt, processing and analysis of information arise in all legal sciences, without exception.
Legal informatics is called interdisciplinary science for a reason. Its fundamental basis is such natural and human sciences as mathematics, physics, linguistics, logic and philosophy, biology and psychology.
General informatics and legal informatics actively use concepts such as language, word, symbol, text. One of the most important tasks of linguistics is the study of the structure of the text. A modern computer is a powerful tool for automating work with texts. Currently, an independent branch of knowledge is nominated computer semantics.
In computer science, such concepts of psychology as memory, thinking, perception, recognition, sensory properties of a person, the main subject of legal information, are used. It was emphasized above what significance the named categories have for understanding the nature of information and its displayed image.
In the development of legal informatics, especially the problems of using high technologies for processing legal information, the theory of artificial intelligence, the achievements of psychology, which are closely related to research and analysis of the fundamental principles of human intelligence, are of great importance.
The connection of legal informatics with mathematics takes place not only in the study of the nature of information, but also in the study of quantitative indicators and problems of cybernetics, in the study of problems of computer information and electronic digital signature.

4. Legal informatics as a science and academic discipline.

Now we need to understand the issue of delimiting science and academic discipline "legal informatics".
As you know, the subject of any science is the laws of phenomena, that is, the identification and analysis of connections and interdependencies between them, as well as the search for ways to solve scientific problems in one or another kind of natural and artificial systems.
The science of "legal informatics" is thus engaged in research patterns the nature and structure of legal information, as well as the solution of scientific problems of the formation, processing, storage and use of information in the legal system.
The purpose of legal informatics as an academic discipline is to study most common knowledge about the nature and existence of legal information, information processes and forms of its circulation, as well as gaining experience in its formation and use with the help of computer technology and information technology.
Thus, the difference between science and the academic discipline "legal informatics" is level of knowledge problems of legal information.
The first level of knowledge (academic discipline) is mainly reduced to the study of basic information about the subject.
Deeper knowledge of problems and patterns, generalization and search for their solutions are the subject of science.
Legal informatics is at the junction of many areas of scientific knowledge: philosophy, logic, jurisprudence, computer science, mathematics, cybernetics, systemology and many others.
As an interdisciplinary field of scientific knowledge, legal informatics is an applied science and has not yet reached a high level of development. However, it is of great practical importance in legal activity.

5.A Brief History of Legal Informatics

It should be noted that discussions among lawyers regarding the place of information problems in jurisprudence have been going on for a relatively long time. Approximately from the time when the science of "cybernetics" began to be considered in our country no longer "pseudoscience". The first written literary sources appeared already at the end of the 50s.
The first of the legal scholars who began to actively participate in scientific discussions together with mathematicians and electronic physicists is Professor Kerimov Dzhangir Abbasovich, a legal theorist. In his last fundamental work, he refers to participation in one of these scientific discussions with Norbert Wiener himself, the father of cybernetics. It was at one of the many scientific conferences on the problems of cybernetics, which took place in 1961 in Russia (then it was the Soviet Union).
The living academician V.N.Kudryavtsev has always been a very active participant in many discussions among lawyers on the problems of legal cybernetics and informatics. Being a forensic scientist by his specialization, he, nevertheless, heading the sector of law at the Russian Academy of Sciences (previously it was the Academy of Sciences of the USSR), was the organizer of scientific conferences on the problems of legal informatics and cybernetics.
As a result of such discussions, fundamental scientific collections were published under the general title "Problems of Legal Cybernetics" and "Questions of Cybernetics and Law".
The preacher of knowledge in the field of legal informatics and cybernetics was Professor N. S. Polevoy, who, under his editorship, published several fundamental scientific works and textbooks on legal informatics.
Scientists A. B. Agapov, V. B. Vengerov, O. A. Gavrilov, I. L. Bachilo, S. S. Moskvin, M. M. Rassolov have always taken an active position in the formation of legal informatics and the development of information foundations of legal science. , A. R. Shlyakhov, A. A. Eisman, L. G. Edzhubov and others.
A prominent place in legal informatics was left by V.A.Kopylov, who, although he was not a lawyer by profession, but by his high qualifications (being a doctor of technical sciences, a professor), he published many scientific and educational works devoted to the informational foundations of jurisprudence.
The evolution of knowledge in the field of legal information, legal informatics and legal cybernetics is given in the textbooks "Legal informatics and cybernetics" edited by N. S. Polevoy (1993), "Course of legal informatics" edited by O. A. Gavrilov (2000. ), as well as in textbooks and textbooks on information law.
Our department recommends that you turn to these publications in order for you to gain a deeper knowledge of the informational foundations of law.
When studying the course, it is recommended to study the fundamental foundations of social informatics. In particular, the textbook by K. K. Kolin "Fundamentals of Informatics: Social Informatics" (2000), the textbook by I. L. Bachilo "Information Law: Foundations of Practical Informatics" (2000), the monograph by A. I. Rakitova "Philosophy of the Computer Revolution" (1991) and others.
These works provide summary knowledge about information processes in modern social development.

6.Informatization of legal activity

When studying the course "Legal Informatics", as already noted, students must acquire knowledge about the information processes of legal activity. Information processes associated with the information support of any professional activity based on the use of computing and telecommunication means, as well as high computer technologies, are usually called informatization.
Based on the knowledge from the computer science course, you will remember that informatization is an organized process of information support of socially useful activity (satisfaction of information needs) based on the use of computers, communication facilities and information technologies.
Let us dwell briefly on at least the main provisions of the organization of such a process to meet information needs.
The course of universal informatization, adopted by our state and society in the early 90s, put forward, among others, the informational function of the state.
To study the process of informatization of the legal sphere, you need to refer to the main provisions of public policy in the field of legal informatization.
To do this, it is necessary to study the texts of the Decrees of the President of the Russian Federation of June 28, 1993 "Concept of legal informatization" and of August 4, 1995 "On presidential programs of legal informatization".
In addition, when studying the problems of legal informatization, it is recommended to study the texts of the Decree of the President of the Russian Federation of December 3, 1994 N 2147 "On measures to improve the legal support of the activities of the President of the Russian Federation", the Decree of the President of the Russian Federation of April 23, 1993 N 477 "On measures to accelerate the creation of centers of legal information ".
In order to understand the main provisions of the state policy in the field of informatization, it is necessary to dwell on the state program of legal informatization of public authorities.
By the Decree of the President of the Russian Federation of June 28, 1993 N 963 "On measures to implement the legal informatization of Russia", the implementation of this program is entrusted to the scientific and technical center of legal information "Sistema" (hereinafter referred to as the STC "Sistema")
By Decree of the President of the Russian Federation of August 4, 1995 N 808 "On presidential programs on legal informatization" approved the Presidential program "Legal informatization of state authorities of the Russian Federation"
The most important tasks (targets) of the program are:
- Creation of optimal conditions for the fullest satisfaction of the information and legal needs of the state authorities of the Russian Federation on the basis of the introduction of progressive coordinated information technologies;
- creation of the first stage of the Russian automated system of information and legal support for lawmaking and law enforcement activities, legal education and upbringing (hereinafter referred to as - RASIPO);
- creation and preservation of a unified information and legal space of the state authorities of the Russian Federation;
- development of a unified integrated technology for processing, distribution and provision of legal information;
- development of the sphere of information and legal services in a market economy;
- creation of prerequisites for the formation of a single nationwide information and legal space;
- creation of conditions and prerequisites for the organization and implementation of interstate (within the framework of the Commonwealth of Independent States) and international cooperation in the field of legal informatization.
The main directions program activities are:
-development of a work plan for the preparation of draft laws and other regulations governing relations in the field of legal informatization and the use of legal information systems;
-forming the central node of legal information on the basis of the scientific and technical center (STC) "System";
- creation of a central integrated bank of legal information, including a retrospective of Russian legislation and foreign legislation;
- creation and development in the interests of the state authorities of the Russian Federation of electronic systems of access to information and legal resources of the central node of legal information;
- creation of a fiber-optic telecommunication system uniting the state authorities of the Russian Federation and the central center of legal information;
- development of a system for long-term (archival) storage of systematized funds of state authorities of the Russian Federation;
- creation of prerequisites for the formation of an information and communication environment of a unified nationwide information and legal space, building regional nodes of legal information, integral databases of state authorities of the constituent entities of the Russian Federation and ensuring their interaction with the central node of legal information based on the Sistema STC.
Expected final results of the program implementation:
-increasing the efficiency, validity and correctness of the decisions made to regulate various spheres of public life through informatization of the law-making activities of the state authorities of the Russian Federation;
-provision of free, prompt (fast) access to information and legal resources existing in electronic form on the part of the state authorities of the Russian Federation;
- creation of organizational and technical capabilities for information and legal exchange with the planned regional nodes of legal information, constituent entities of the Russian Federation and foreign countries.
The ultimate goal of state policy in the field of informatization of the legal sphere is the creation in Russia of a nationwide automated system of legal information, that is, the creation of optimal conditions for the fullest satisfaction of information and legal needs through the introduction of progressive, coordinated information technologies.
Such a system should cover all state bodies and organizations throughout Russia, providing them with official texts of regulatory legal acts in a single computer format "Etalon".
The Etalon system has already been formed by the Ministry of Justice of the Russian Federation and is ready for use and, possibly, will soon be distributed in state authorities, judicial law enforcement agencies, as well as local self-government bodies.
The main directions of the state policy of informatization of the legal sphere are:
- informatization of rule-making activity;
- informatization of judicial activity;
- informatization of federal government bodies;
- informatization of state authorities of the constituent entities of the Russian Federation;
- informatization of law enforcement;
- informatization of legal education;
- legal support of the informatization process.
An important place in the state policy in the field of legal informatization is occupied by the provision of the work of the State automated system for ensuring the work of election commissions "GAS Vybory".
The Federal Law of the Russian Federation of January 10, 2003 on the “State Automated System“ Elections ”” formulated the legal basis for informatization of election campaigns. In particular, for the first time in legal practice, he introduced the use of an electronic digital signature in the formation of documents on election results as a mandatory condition for the work of election commissions.
In the subsequent sections of the course, the subject of study will be separate areas of legal informatization: rule-making and law enforcement.
In addition, an independent section of the academic discipline is the place of global information systems in the legal sphere, as well as the main directions of their use in legal activity.
Thus, the objectives of the course "Legal Informatics" include the study of knowledge:
- in the field of formation, dissemination and use of information on law;
- on the use of information systems (legal resources and automated means of their processing);
- the main conditions for the introduction of modern information technologies in legal activities, including the educational process.
In the course of studying the course "Legal Informatics", students must:
- to master and use in practice the knowledge gained in the field of application of methods and methods of information processing in the study of information processes in the legal sphere;
- to master and apply information reference legal systems for the simplest search for federal laws and individual norms of law;
- to master and apply the acquired knowledge in the field of informatics in relation to the legal sphere;
- to study the main directions of informatization of legal activity, stages and prospects of its development.

LECTURE 2. LEGAL INFORMATION AND ITS TYPES

1.Legal Notice - Part of Social Information

First of all, I would like to give a brief classification of information.
The subject of the course does not include the study of problems of technical, mathematical, biological and other types of information of a natural science nature.
We are interested in information about society and social processes - social information.
It covers political, legal, economic and other types of information.
There are the following types of social information.
Depending on the access mode: open information (without limitation) and information with limited access (state secret; commercial secret; professional secret; official secret, personal data).
Depending on the types of media: in printed form (paper); computer-readable media (disks); as an image on the screen; in computer memory; information transmitted through communication channels, etc.
By functional purpose(areas of application) information can be divided as follows: political information; economic information; scientific and technical information; statistical information; legal information, etc.
Political information- information on the political activities of political parties and public associations, the political line of the state, on the work of state authorities in the exercise of power. A kind of political information is foreign policy information (data on the foreign policy of the state, foreign policy actions, the state of international relations, etc.). At the same time, there is such political information, which is at the same time legal, i.e. has a "dual purpose". An example would be the constitutional provisions on the granting of political asylum (Art. 63 of the Constitution of the Russian Federation).
Economic information reflects the processes of the most effective management of social production, distribution and consumption of goods. Mass business informatization leads to the formation of huge amounts of information about the activities of the subjects of the real sector of the economy. The transition to electronic regulations for business management creates the prerequisites for the creation of an electronic sector of the economy (electronic business).
Scientific and technical information- this is publicly announced information about domestic and foreign achievements of science, technology and production, obtained in the course of research, development, production and social activities. This information, being a product of intellectual creative work, is an object of intellectual property rights.
Legal information- messages about normative legal acts (NLA), arrays of NLA and other information of legal significance. This type of information will be discussed in the next paragraph of the course.
In computer science, the term is used "electronic information", which means all types of information recorded and distributed on machine-readable media for the purpose of its further processing on a computer. Electronic information also includes electronic versions of regulatory legal acts, reference books and other publications. We still have a conversation about this.
The concept, nature, structure and properties of legal information, its theoretical and applied significance is included in the subject of general theory of law and general theory of information, the central link of general theory of informatics.

2.The concept of legal information

Until the 70s of the last century, the concept of "legal information" was not used at all in jurisprudence, as well as the term information in general was not used until recently in the field of public relations. With the development of information theory and its introduction into the practice of public life, the concepts of "information", "information processes" and others began to be used. Gradually, new concepts related to information were introduced into jurisprudence.
It should be noted that in the texts of laws and other normative legal acts, there is still no definition of the concept of "legal information". This makes it possible to understand its content in different ways.
The well-known lawyer A.B. Vengerov considered legal information in a narrower plane (only official normative legal documents and their analogues contained in reference and retrieval systems).
S. S. Moskvin understood legal information more broadly, including in this concept all information and messages about the legal sphere, including the results of the activities of legal scholars and legal practitioners.
Modern authors use a more differentiated approach to the definition of the concept of "legal information". This is facilitated by the practice of rule-making and the achievement of analytical jurisprudence.
In particular, O. A. Gavrilov refers to legal information “any information about facts, events, objects, persons, phenomena occurring in the legal sphere, contained in various sources and used by the state and society to solve practical problems of lawmaking, law enforcement and law enforcement. , protection of the rights and freedoms of the individual. "
It is difficult to disagree with each of the above opinions.
However, in order to understand the meaningful meaning of the named concept, it is nevertheless necessary to turn to what meaning it has for jurisprudence, that is, the field of human activity related to law.
Any information does not exist by itself. It cannot exist in isolation from the reflected object or phenomenon. She is their displayed image. In a word, information is always closely related to its object or subject.
Legal information as a displayed image of legal phenomena and objects is also closely related to them and reflects all their diversity.
This means, on the one hand, legal information is the result of legal activity (as its reflection). For example, the result of law-making activity is the publication (adoption) of a normative legal act.
On the other hand, legal information can be the basis for legal activity (in cases of making legal decisions), since it must be legal, i.e. based on regulatory legal acts.
Therefore, legal information should be considered information closely related with legal activity and legal decision-making.
Therefore, it would hardly be correct to refer to legal information absolutely all information about the events taking place in the legal sphere and the facts of existing reality. On the other hand, it is impossible to narrow the boundaries of legal information only by the framework of officially adopted normative legal acts and their analogues in computer reference legal systems.
It is most correct to refer to legal information only those messages about the legal sphere and legal activity that are closely related to the adoption of legal decisions and the results of legal activity.
Summarizing the various opinions, we can conclude that by legal information includes all official regulatory legal acts and having legal character the documents, directly related with the results of law enforcement and other legal activities.
Thus, the following types of legal messages belong to legal information.
1.Normative legal acts(laws and regulations);
2. The results of law enforcement and other legal activities of organizations of a legal nature:
- court decisions (court decisions taken on the merits of legal cases);
- generalizations of judicial practice, which are guided by the adoption of correct court decisions;
- regulations of corporations and other organizations.
3. Legal documents and messages on the basis of which legal decisions are made:
- official documents of the activities of law enforcement agencies;
- official opinions of experts and specialists, as well as other evidence admissible in the procedural activities of judicial and law enforcement agencies;
- acts of official interpretation, doctrinal opinions and other procedural or official communications of scientists and scientific institutions on various problems of public life.

3.Types of legal information

Regulatory legal information.
The most common type of legal information, i.e. information directly related to the rule of law are regulatory legal acts of different levels and varieties (international legal documents, federal regulatory legal acts, regional regulatory legal acts and regulatory legal acts of local governments).
Regulatory legal information also includes local regulations (documents of regulatory organizations - orders and orders, instructions, regulations, etc.).

Regulatory legal information .
This type includes official acts and messages adopted by the authorities and the judiciary in the course of their enforcement functions. That is, functions directly related to the implementation of the rule of law. That is why they refer to legal information. These include decrees and orders of executive authorities, on the basis of which the rights and interests of subjects of law are realized; acts of justice.
Non-normative legal information also includes a huge array of unofficial information of the legal nature of the judiciary (officially published generalizations and reviews of judicial practice). Such information refers to legal information due to the fact that it summarizes officially adopted acts of justice, orientates judicial and other law enforcement bodies to the most correct legal qualification of numerous life circumstances, i.e. correct application of current legislation.
In addition, non-normative legal information includes messages (documents) on the results of the legal activities of law enforcement agencies that have legal significance (which provide a legal assessment of the actions and activities of subjects of law) in the current reality or in the future. These can be decisions of law enforcement agencies, which provide a legal assessment of life events. For example, when a decision is made to refuse to initiate criminal or administrative proceedings on non-rehabilitating grounds, when the fact of the act is recognized and the subject is guilty, however, due to the insignificance of the harm caused, the person is exempted from criminal or administrative prosecution. Such decisions may have legal significance if they are used, for example, in civil proceedings when deciding on compensation for material or moral damage.
Non-normative legal information may include official (documented) opinions of experts and specialists, as well as other evidence admissible in the procedural activities of the judicial authorities, as well as doctrinal opinions and other procedural or official reports of scientists and scientific institutions on various issues of public life.

Electronic legal information.
Along with the informational legal array of an official nature, there is a whole system of unofficial legal information.
Since the 90s, since the beginning of the informatization of state and public life and the introduction of computers, the mass use of legal reference systems (hereinafter referred to as ATP) in electronic form has become widespread. Such systems are formed on the basis of the use of information technology and electronic computers.
A quick search and convenient terms of use have made such legal information and reference systems among the most widespread today.
Electronic legal information includes not only an array of information about legislation posted in such well-known ATPs as Consultant Plus, Garant, Kodeks, YUSIS, ETALON, but also legal information posted and disseminated by channels of global telecommunication networks (for example, INTERNET). Recently, in connection with the introduction of the most intelligent and high-tech search engines, lawyers and other specialists have been using useful electronic legal information online (regulatory legal acts, information on judicial activity, analytical legal information, etc.).
The introduction of electronic forms of doing business has made it possible to use new forms of transmission of legal information (including electronic documents) through telecommunication channels. In cases where electronic digital signatures are used by users of such channels, legal information may be of an official nature. In connection with the adoption of the federal law "On Electronic Digital Signature", such forms are becoming more widespread. The creation of an official electronic document circulation in the practice of business life, electronic versions of legal information will gradually become official.
In this regard, the activities on mass informatization of not only state authorities and law enforcement agencies, but also all organizations involved in relations with official power structures, acquire special importance.
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Normative acts

1. Federal Law of February 20, 1995 No. 24-FZ "On Information, Informatization and Information Protection"
2. Federal Law of August 22, 2004 No. 122-FZ "On Communications" (as amended by No. 127-FZ of November 2, 2004).
3. Decree of the President of the Russian Federation of June 28, 1993 No. 966 "On the concept of legal informatization of Russia".
4. Decree of the President of the Russian Federation of 19.10.93 No. 1665 "On information and legal cooperation of the Russian Federation with the member states of the Commonwealth of Independent States".
5. Decree of the President of the Russian Federation of 20.01.94 No. 170 "On the Foundations of State Policy in the Sphere of Informatization".
6. Decree of the President of the Russian Federation of 23.04.93 No. 477 "On measures to accelerate the creation of centers of legal information."
7. Decree of the President of the Russian Federation of 28.01.94 No. 223 "On the formation of the Federal Commission for Legal Informatization under the President of the Russian Federation".
8. Decree of the President of the Russian Federation of 03.12.94 No. 2147 "On measures to improve the legal support for the activities of the President of the Russian Federation."
9. Decree of the President of the Russian Federation of 04.08.95 No. 808 "On Presidential Informatization Programs".
10. Decree of the President of the Russian Federation of 05.10.2002 N 1129 "On the classifier of legal acts".
11. Decree of the President of the Russian Federation of 08/10/2000 N 1486 "On additional measures to ensure the unity of the legal space of the Russian Federation."
12. Decree of the Government of the Russian Federation of February 28, 1996 N 226 "On State Accounting and Registration of Databases and Data Banks" (as amended) of 03/02/2005 N 101.
13. Decree of the Government of the Russian Federation dated 01.12.94 No. 1319 "On information support of entrepreneurship in the Russian Federation".
14. Decree of the Government of the Russian Federation of January 19, 2005 N 30 "On the Model Regulations for Interaction of Federal Executive Bodies".
15. Decree of the Government of the Russian Federation of November 29, 2000 N 904 "On approval of the Regulation on the procedure for maintaining the federal register of regulatory legal acts of the constituent entities of the Russian Federation."
16. Order of the Minister of Justice of December 23, 1997 No. 19-01-189-96 "On the organization of automated accounting of legal acts of the constituent entities of the Russian Federation."
17. Order of the Ministry of Justice of the Russian Federation of January 21, 2000 N 10 "On approval of the Concept of informatization of the Ministry of Justice of the Russian Federation."

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As a result of studying the chapter, the student must:

know

• concept and essence of legal information;
• properties and types of legal information;

be able to

• to identify the problems of the formation of legal information;
• apply comprehensive knowledge about information processes in the legal field;

own

Methods of analysis of legal information and information activities in the legal sphere.

Concept and essence of legal information

Until the early 1970s. the last century in jurisprudence the concept of "legal information" was practically not used. Note that the term "information" until recently was not used at all in the field of public relations. With the development of information theory and its introduction into the practice of social activities, the terms "information", "information sphere", "information processes", etc., gradually began to appear; new concepts related to information were also introduced into the system of legal knowledge.

It should be noted that in the texts of laws and other normative legal acts there is still no definition of the concept of "legal information". This makes it possible to understand its content in different ways. The well-known lawyer A.B. Vengerov considered legal information in a narrow sense - only as official regulatory documents and their analogues contained in reference and retrieval systems (102).

On the contrary, S.S.Moskvin widely understood legal information, including in this concept all information and messages about the legal sphere, including the results of the activities of legal scholars and legal practitioners (99, 12). Approximately the same opinion is shared by the authors of the Concept of the system of classification of legal acts of the Russian Federation, who by the term "legal information" mean "an array of legal acts with the norms of morality contained in them and all spheres of legal activity "(100).

O. A. Gavrilov refers to legal information "any information about facts, events, objects, persons, phenomena occurring in the legal sphere, contained in various sources and used by the state and society for solving practical problems lawmaking, law enforcement and law enforcement, protection of the rights and freedoms of the individual "(101, 13-14).

You can agree with each of the above opinions, since they all complement each other. Indeed, it is easy to assume that both information of a normative legal nature in sources of law, and information about the legal sphere used to make decisions of legal significance, and the results of legal activity of a doctrinal nature have signs of legal information. However, in order to understand the meaning of the named concept, it is nevertheless necessary to turn to its content, i.e. try to identify the essential signs. To do this, we need to turn to the understanding of information as a category, since legal information is its kind.

Any information is secondary, it cannot exist in isolation from the object or phenomenon reflected from the object, it is their image, reflected in consciousness human and expressed in a certain form on a tangible medium. In a word, information is always rigidly connected with its own source (object of reality), consciousness human and form (material carrier).

How is legal information related to its object, consciousness and form? To answer this question, it is necessary to refer to the "information concept of law" described in the legal literature, which explains the origin of law within the framework of theoretical concepts of the essence of information. The nature of legal information and law from the information point of view have common substantive features.

Let us turn to the main provisions of the informational component of law, which will help formulate a model for understanding legal information. A. B. Vengerov was one of the first to come to the conclusion about the presence of information signs in law (100). In fact, it was he who was the first to put forward the hypothesis of information nature rights, and not only about the availability of certain information signs (101, 16-65). At different times, legal scholars have carried out fundamental research into the problems of the influence of information theory on the formation and implementation of legal norms, as well as the use of information approaches in describing the nature of law (105). For example, the information approach is used in the analysis of legal phenomena by A.F. Cherdantsev, who, on the basis of the modeling method and information theory, considers the problems of the genesis of legal structures and the primary (elementary) model of the rule of law - "thought expressed in language" (106). Special studies of the information concept of law were carried out by Yu.V. Kudryavtsev, who dwelled on the nature of legal information in detail and outlined its main provisions in his work (107).

As mentioned above, the essence of information is determined by its nature, which manifests itself in the property of reflecting the received images, on the basis of which a person adapts to his environment. Note that legal regulation or self-regulation of human behavior is also based on this principle, which will be discussed in more detail below.

The main element in which the main information signs of law are manifested is legal rule - main carrier legal information (information contained in the rule of law). "The norms of law from the informational side are intelligence about the proper, permissible (as well as stimulating, encouraged) or prohibited behavior of people, about the conditions in which such behavior can or should be carried out, and finally, about the adverse consequences of failure to comply with the requirements of the state "(107, 16).

It is also important to conclude that the rule of law is an abstract model of ideal rules of conduct, they not only embody the idea (image) of correct behavior, but it is also expressed in a certain form (construction). According to the apt expression of A. F. Cherdantsev, the rule of law is the ego "in a certain sense, images, models of real behavior of people, intended for their future realization" (106, 27-39, 126-154). The strong-willed and imaginative nature of the norms of law is also manifested in the fact that they are the result of the reflection of information about society at the level of consciousness at the level of the legislator.

Emphasizing abstractness and imagery legal information, we distinguish in it the typical, basic, concentrated, therefore, in informational terms, it is a generalized model of an infinite number of specific, one-type relations, which is the main content of the rule of law. "The system of legal norms, therefore, is information that has gone through a complex, multi-stage path from reflecting the diversity of the social system, through processing and optimization (and increasing accumulated knowledge to it) to the implementation of legal norms in a complete form, that is, in the form of“ action programs ”" (107, 30-31). Consequently, there are sufficient grounds to consider using the information approach the essence of legal information, its place in the legal system, as well as the influence of information theory on the development of law.

The essence of legal information is manifested in the ratio legal validity, reflection of her image in the legal consciousness of the legislator, as well as the design of this image in the rule of law.

Let us consider individual structural elements of information and legal exchange or the process of forming legal information.

1. Historically determined legal validity. Reality as a legal category is closely related to the philosophical category of being. In philosophy, reality is understood as a structurally complex phenomenon, consisting of several forms of being: the being of things, the being of a person, the being of the spiritual and the being of the social (108, 350). The real reality of a person is the state of realization of the interests of a particular person at a certain stage of his development, his connections with other people. The realization of interests is in constant definite development or relation.

The determining factor, closely related to the nature of law, is the real world that surrounds a person in the course of realizing his interests. Here we mean not only the reality already "chosen" or "objectified" by law as a set of social relations, but also the eventual environment, taken in a broader sense, surrounding a person, meaningful transformative human activity of subjects whose interests are in dire need of legal protection.

Most often, the existing reality is defined as a real set of social relations, which in relation to law are usually considered in the aspect of legal relations: either they are intended to be transformed into legal relations, or are already regulated by law.

We find in-depth studies of reality as the world around a person and the subject of social sciences in pre-revolutionary legal scholars. The content of the actual relationship, i.e. events of the surrounding legal environment is determined by "the expression of the order established by nature for the manifestation of the mutual influence of persons and objects, or, in other words, the expression of the natural laws of material and spiritual nature" (110, 62-63).

The social need and the need for the adoption of general rules of behavior were determined by the outstanding domestic lawyer and thinker I.A. a person sometimes achieves a great acuteness; sometimes it may seem that social life would really turn, as the English philosopher Hobbes aptly put it, into a “war of all against all” if there were no rules of conduct that restrain and organize social life ”(111, 78).

Thus, law originates in existing reality, it is this that is the primary cause and the first condition for the birth of rules of behavior, and the conflict of interests of the subjects of social relations becomes a factor that determines the need to adopt rules of behavior, the primary reason for the formation of legal norms.

2. Legal regulations how image legal information. The normative legal array (positive law, objective or positive law) always consists of norms and their totality in the form of various sources - laws, codes, decrees, resolutions, constitutions, edicts, "answers of the wise men" (112, 27-28). First of all, we note such signs of moral norms as a high degree of abstractness and formal certainty. A high degree of abstractness or generalization of a rule of law is aimed at creating such a scale that contributes to the application of the form of a rule of conduct not for one case, but for a large number of them.

The formal definition of a rule of law is associated with its textual design, which also unites it with information, the symbols of which also have a textual form. In the literature on the theory of law, informational signs of a rule of law are directly indicated (117; 118; 119).

A.F. Cherdantsev speaks most definitely about the nature of the norms of law, highlighting not only their information content and model form of reflection social life and linguistic expression of "a certain kind of thought", but also a deeper informational meaning of the rule of law, "which, being a reflection of reality, themselves are reflected in various forms of social and individual consciousness." In this he sees universal significance reflection results for the law in general (115, 101-102).

The conclusions of A. F. Cherdantsev are of the most immediate importance for understanding the essence of legal information, since he understands the nature of information in terms of reflection. He, in addition, highlights one more informational property of legal norms - their conceptual and volitional reflection in the mind a legislator endowed with state will (116, 104).

A similar conclusion was made by II. Penovski, describing the same formula of the communicative process of the nature of law in a model: "Cognitive content law is defined as information, that is, information deliberately and purposefully selected and included in legal norms in order to serve their addressees for orientation, strictly to the practical needs of regulation" (114 , 53).

Thus, as a result of reflection in the mind of the legislator, as a result of his decision on the need to adopt a norm (manifestation of state will), a abstract image of the rule of law, which is realized into a symbol (legal norm) with the help of complex intellectual efforts (legislative technique). The legislator receives information (signal) about reality, processes it (reflects it in the form of an image), and then turns it (using legal techniques) into controlled information (an abstract image in the form of a symbol - a legal norm).

3. Legal awareness as a sign of legal information. Legal consciousness is closely related to such an essential feature of the nature of law as the presence state will the ruling subject, without which, as you know, the rule of law is not accepted.

In the literature, we observe a certain similarity in the views of the authors on legal consciousness: it is a set of ideas, feelings, emotions, views, assessments that express people's attitude to the current or desired law (121; 122). Some authors, characterizing legal consciousness, note the specificity of its functions: modeling the rules of behavior and perception of legal reality in mental and sensory images (124, 206), the formation of legal images and ideas about real or imaginary legal situations (125, 267), reflection of legal reality in the form of legal knowledge and assessments, highlighting the informative function of legal consciousness (126, 194).

Despite the importance of the structural elements of legal consciousness (ideological, ontological, psychological, axiological, etc.), the priority still remains intellectual its meaning (active reflection of existing reality), since it is most abstracted from the subjective characteristics of subjects of law and ideological approaches. The categorical meaning of legal consciousness lies in the fact that it incorporates many different independent legal categories and means, one way or another related to the mental activity of a person as a subject of law.

The variety and unity of such means is in a single "informational" the environment of Homo sapiens: perception, comprehension, assessment, and due to their interpretation (123). There are other meanings of legal consciousness that are already related to jurisprudence, for example, legal qualifications (125, 113-119; 129, 4-55), legal argumentation and other forms of legal thinking (126, 97-131). All of them are united by an element that is necessarily included in all named forms - information. Therefore, the environment of the mental activity of the subject of law is called by us informational.

Of greatest importance in this context are the works of the outstanding Russian lawyer and philosopher I.A. In his understanding, the correct sense of justice as a category is given the spiritual meaning of everything that forms the basis of the organization of a reasonable society. I.A.Ilyin sees the source of his method for studying the essence of legal consciousness in the unity of the natural principle objectively necessary image future rule of law and the image being created legal norms of objective (positive) law with the participation of the will of the ruling subject. He considers the naturalness of human nature as given to absolutely everyone in the embryo "a special way of life of the soul, objectively and truly experiencing law in its basic idea and in its individual modifications (institutions)" (127, 166).

Consequently, for understanding the nature of law, the presence of a special spiritual environment, in which the main guiding principles (conditions) for the legislator and the subjects authorized by him are formed. Legal consciousness as a state, as spiritual conditions for the formation and development of law, includes both the legal consciousness of the legislator and the developers of draft law norms.

The role and importance of the ruling subject in the formation and development of legal information are predominant. It is the state that determines the legal policy and finally decides which rules of law to accept and which to reject. These are well-known facts.

The ruling subject (the bearer of the state will), acting as a legislator in the structure of the nature of legal information, performs the function of a governing subject or the main subject of reflection of legal reality in the rule of law. It is in his mind that the need for legal regulation and the final abstract image of the rule of law are reflected. In the formation of the image of future legal norms, not only parliamentarians and professional workers of the legislative bodies of the ruling subject participate, but also lawyers-experts and scientists. With the help of special techniques and methods (legal technique), they transform legal information into symbolic form, while maintaining the "model of real people's behavior" for the future realization of their interests and, at the same time, the interests of the ruling subject.

For the formation of the norms of law (as an image, a model of a rule of conduct), it is important law-making consciousness the ruling subject (legislator), which consists of the individual consciousness of individual elected representatives of rule-making bodies (deputies) and professional lawyers of legislative bodies, as well as experts in the field of jurisprudence. Lawmaking consciousness is thus spiritual-volitional environment of reflection legal reality and legal existence.

Thus, the essence of legal information is manifested in three substantive features:

• 1) legal reality as a source and a decisive factor in the formation of legal information;
• 2) the rule of law as an image and form of legal information, its main institutional element;
• 3) the legal consciousness of the legislator as one of the decisive factors in the formation of legal information.

Based on the nature of legal information, you can give it a definition.

Legal information is an image of legal reality, reflected in the consciousness of the ruling subject (legal consciousness of the legislator) and expressed in the form of a rule of law.

LECTURE 2

Theme: The concept of economic and legal information.

Questions:

1. Economic information concept.
2. Features of economic information.
3. Classification of economic information.
4. Legal information concept.
5. Legal information groups.

1. The concept of economic and legal information.

Economic information- a set of information reflecting socio-economic processes and serving for their management of these processes and collectives of people in the production and non-production spheres.

2. Features of economic information:

1. Discreteness - information characterizes the state of the object for a certain interval and is presented in digital form.
2. Urgency - the information has a specific time frame for submission.
3. Mass character - information is characterized by a large amount of variables and conditionally constant data.
4. Machinability- information is capable of transformation and grouping according to certain criteria.
5. Versatility- the ability to use the same data by different consumers.

3. Classification of economic information.

All information can be classified in relation to:

1. To the system in general: input, output, intermediate;
2. TO control cycle: variable, conditionally constant, constant;
3. To subsystem : managerial, production;
4. TO stages of processing: initial, intermediate, final;
5. TO management functions: accounting, planning, control, analytical, regulatory;
6. TO production functions: specific EMM, accounting, technical and economic planning, financial and credit systems, social services (tax and insurance services), optimization of production planning, technical preparation of production, information and analytical services.

4. The concept of legal information

legal information- a set of legal acts and related reference normative materials covering all areas of legal activity.

5. Groups of legal information:

1. Official legal informationcomes from government bodies and is aimed at regulating public relations:
   • Regulatory PI - documents of an official nature, corresponding to the standard and aimed at establishing, changing or abolishing legal norms (Constitution of the Russian Federation).

• Non-standard PI- documents of an official nature explaining the current norms (acts of interpretation of the Constitution of the Russian Federation).

1. Information of an individual legal naturecome from various subjects of law that do not have authority (complaints, claims).
2. Informal legal informationdoes not entail legal consequences (samples of business papers, contracts).