Lipkan V. A.
| L 613 | Consolidation of Information Legislation of Ukraine : [monography] / V. А. Lipkan, M. I. Dimchoglo / Edited by V. A. Lipkan. — К. : О. S. Lipkan, 2013. — 416 p. |
| ISBN 978-966-2439-47-2 |
The monograph is devoted to theoretical and legal problems of consolidation of information legislation of Ukraine. The work defines such definitions as information, information legislation, law regulation of information relations, systematization of information legislation, consolidation of information legislation. The state of the domestic normative and legal acts that regulate informational relations and international information legislation is analyzed.
Due to large number of aspects related to the increasing efficiency of information legislation of Ukraine, its integration to the standards of international law, in the monograph is considered in detail consolidation of constitutional provisions on legal informational relations in legislation, features of application consolidation in the codification of information legislation of Ukraine etc. Attention is focused on the question consolidation not only as at the stage of systematization of information legislation, but also as process, methodology, methods, ways, means of unification, integration and harmonization of its in the general system of legislation of Ukraine as an important part of national law.
The monograph is a logical continuation of the series «ORDO ORDINANS» of V. Lipkan scientific school and will be useful for graduate students, researchers, practitioners and for everyone who interested in the systematization of information legislation.
CONCLUSIONS
Summing up, in monograph granted the new solution of the scientific task which is to clarify the problem of consolidation of information legislation of Ukraine with the purpose to improve its efficiency.
The theoretical generalization and a new vision of solving scientific problems whose content is a complex legal analysis of the consolidation as a multidimensional, multi-functional component of the systematization of information legislation of Ukraine and the formulation of proposals and recommendations for the implementation of this activity, increasing its level and practical efficiency.
By the results of the research we consider necessary to formulate the most important, practically meaningful and scientifically valid conclusions.
1. It is enough theoretical and legal studies that provide an opportunity to form of methodological and methodical provisions, concerning consolidation of information legislation in the Ukrainian science of information law. Instead particular system research of consolidation of information legislation was not implemented.
2. The consolidation is considered not only as a stage, but as a kind of structure components of systematization of information legislation in the sense of a continuous process both on scientific and law-making & law enforcement levels.
3. Ratio of the incorporation with consolidation and codification of information legislation is that they are as interdependent stages, processes, trends, techniques, methods, ways, means, in its organic unity form a new quality of its systematization. Thus the highest form of systematization is codification.
4. Legal consolidation, which is implemented by the legislator and the executive authorities in their subordinate legal acts shall be considered as a versatile tool that allows you to form the building blocks of information legislation, provided it is carried out based on the scientific achievements of information law.
5. Consolidation as a means of institutional structuring of legislation of Ukraine on information makes it possible not only to improve it as part of the legal system, but also makes it the orderly and therefore ― accessible to the understanding in the enforcement and law-educational work.
6. Consolidation of information legislation of Ukraine and the international information law as a means of system of law allows to unify and harmonize the national legal component of social relations in accordance with international standards, thus to promote of integration accession to the the global information society, an essential segment of is the development of information society of our country.
7. The analysis of legislation of some countries made it possible to substantiate the position that the consolidation of information law in modern legal systems is an urgent issue. In different countries, this process takes place in different ways, by different methods, methods, means of legislative techniques based on traditions, customs of legal regulation, belonging to the legal system. At the same time is ascertained that the experience of some countries in Ukraine should be applied from a position of constructive criticism considering the scientific justification and the deprivation of the inferiority complex of some Ukrainian scholars who believe that in our country cannot be scientific researches world-class, and any legislative acts – it is only translation from other languages, taking into account the laws of Ukraine.
8. Experience of the scientific achievements of Ukrainian scientists concerning the codification of information legislation has been positively received abroad, including the initiative of Ukrainian parliamentarians to develop a model code of Information by Interparliamentary Assembly of the CIS.
9. Improvement of information legislation of Ukraine during its codification, elaboration of the Code of Ukraine on the information is necessary to consider its consolidation with other sectors of the domestic law, particularly those that are codified primarily with the Constitution of Ukraine, the Civil Code of Ukraine and the Criminal Code of Ukraine.
The consolidation of the constitutional provisions on the legal informational relations in the legislation is an important condition for the prospects of its effectiveness. The hierarchy of legal relations defined in the Constitution of Ukraine, must be consolidated in the draft Code of Ukraine on information.
10. Features of the application of consolidation in the codification of information legislation in Ukraine lies in the fact that in our country there are a number of legislative acts in which information is already formulated as defining subject of legal regulation. At the same time are initiated new laws that in the new edition alter the name of existing laws. Given this, the Parliament of Ukraine proposed to suspend the acceptance of new special laws on information sphere, and the central executive authorities to abandon the development of specific draft laws, initiated by the Government. At the stage of the draft Code of Ukraine on the information and its adoption as legislative act should make changes and additions to the Law of Ukraine «On Information». The nature of this law is system forming for information legislation as a branch. After appropriating approbation in the enforcement of its provisions should be consolidated into draft Code of Ukraine on information. Law of Ukraine «On Information» shall lose its validity after the entry into force of the Code of Ukraine on information.
According to the results of our research, in Ukraine already formed the corresponding scientific framework for legal relations in the information sector, particularly in conditions of formation of national information society as a segment of the global information society. A result of studying large number of scientific publications relating to research of informational legal relations formed the view that the majority of domestic researchers seem oblivious to each other’s works. They are mainly oriented to the Russian scientific sources and pay little attention to the scientific publications of researchers in other countries. Basing their inferiority complex some scholars carry over it to the «generalization», such that «our country is far behind the developed countries in the field of not only information technology, but also a scientific and effective legislative support existing information relationships». Regarding the lag in information technology, this statement has a reason, but is debatable concerning legislative provision of public information relations. Perhaps such conclusions were made because the authors do not know the works of other domestic researchers? Today should raise the issue of the lack of development of national information legislation and the scientific knowledge, the lack of consolidation of efforts of Ukrainian scholars, politicians, public figures in support of information law in general and in particular of information legislation.
In most cases, in legal science are singled out two main approaches to understanding species (forms, steps) of systematization. Under the first are singled out four dimensions: incorporation, consolidation, codification and accounting. According to the second ― three main types of systematization: incorporation, consolidation and codification. The position of the second approach we share.
Therefore, consolidation of information legislation we suggest to consider not only as a form or stage of its organizing, but also as an important method of implementation of its incorporation and codification.
Consequently, to further fundamental research the consolidation of information legislation we propose view as multifaceted, meaningful, multi-category, which can be formulated by universal meaning as follows:
«Consolidation of information legislation ― is a social process that is determined by a complex of scientific, organizational, legal ways, means, methods, techniques that in unity form the doctrinally existing methodology of legal formation of legislation on information by certain entities of public relations».
According to researches, after the fragmented, situational creation of information legislation of the country at the stage of its formation, an increasing preference scientists provide the transition to the paradigm of its consolidation at the branch level, followed by codification, the establishment the draft Code of Ukraine on information. According to essence of the Code of Ukraine on information has become a consolidated legislative act, which will determine the basic principles of public relations in the field of information society.
Research of the state of legal regulation of information activities suggests that legislation regarding information rather extensive and constantly exposed to intense amended. On the one hand, this trend is positive, because it reflects the awareness of the need for change in information relationships, and on the other ― makes it difficult to predictability of law-implementation. Solving Problems for further improvement of information legislation is seen in the proper scientific approach with appropriate financial support from the state.
Problems of regulatory support of information relations in different countries although different in detail, but also have the same symptoms. The above leads to consolidation of the efforts of legal support for the improvement development of the information society at the international level.
Since independence in Ukraine on development of a legislative provision of public information relations affects both the proclamation of European integration priorities and necessity of deepening relations with Russia and other CIS countries – those that have a strong history, and new ones that are shaped by a single Slavic (mostly Russian-speaking) information space. This causes the activation of state support of scientific developments concerning legislative regulation of public information relations in Ukraine. At the same time creates opportunities for increased science-based national consolidation of information legislation of Ukraine and opportunities to move it from the position of an object on subject of international law that can initiate new proposals to the international community in consolidation of its efforts to related the legal regulation of the global information sphere of society as a factor in maintaining international information security.
So, consolidation in the figurative reflection nowadays considered not so much stage as an important technique in the methodology of the codification legislation of Ukraine on the information as the process of its systematization. The legal regulation of informational public relations through further consolidation of information legislation with bylaws will not only contribute to the improvement of the legal system in the information sphere, but also enhance its effectiveness.
We join to the position of those scholars who believe that the system forming legislative act for the informational sphere of society should have such name: the Code of Ukraine on information. Because it more semantically consolidated under the form with the rules of forming categories in the Ukrainian language, and clearly reveals the main object and the subject legal relations regulation. We also believe that the consolidation of legal relations conceptual apparatus concerning information should not blindly copy foreign experience, especially legal and grammatical constructions in Russian.
Developing the consolidated doctrine regarding systemic features of information law is appropriate to determine in the preamble of of the draft Code: what kind of social relations consolidate ordered in this legislative act. Regulation scope the group of public informational relations, chosen for the codification, should be clearly consolidate defined to avoid the legal collisions, contradictions, inconsistencies with other branches of law where the information is a derivative of collateral for their implementation.
Thus, one of distinct trends of contemporary national and international information law is a comprehensive impact on the processes of globalization and inter-state integration. Under such influence are tested by historical time traditional conservative & newest information and legal doctrines and principles, and the mechanism and nature of informational regulation of international cooperation of states.
The Institute of information law is constantly modified due to modernization of the state, the emergence of fundamentally new rights, new institutions that guarantee protection of the rights and freedoms. So naturally affects the evolution of the need for improvement of the regulatory mechanism of regulation legal informational relations.
Thus, this publication is a peculiar synthesis, an attempt to systematize the acquired experience, a combination of theory and practice, a demonstration of own elaborations and certainly an invitation of concerned persons to further constructive discussions, which will direct this issue from the field of theoretical debates to practical implementation.
Thus, the monograph deserves attention from not only those who hold in their hands the levers that control the fate of the planet, but also those who are interested in the future of world where they live. Here it is possible to paraphrase the words of the Greek politician Pericles:
«To create the future may not everybody, but everyone should know what it will be».
BRIEF CONTENTS
PART 1. THE LEVEL OF SCIENCE RESEARCH AND ITS CORE METHODOLOGY ………………………………………………………………..
Chapter 1 Bibliography of research..
Chapter 2 Methodological basis of research..
Chapter 3 Key definitions of research..
PART 2. legal conditions of CONSOLIDATION of information legislation..
Chapter 1 The state of legal regulation of information relations in ukraine.
Chapter 2 The structure of legal regulation of information relations in ukraine.
PART 3.CONCEPTUAL APPROACHES TO CONSOLIDATION OF INFORMATION LEGISLATION UKRAINE
Chapter 1 Consolidation of international law as background of harmonization information legislation with it.
Chapter 2 Consolidation of information legislation in some countries.
Chapter 3 International legal standarts of regulation information relations.
The place and role of soft law in the regulation of information relations
coNclusionS
tezaurus
used litErature
useful bibliography..
CONTENTS
BRIEF CONTENTS.
CONTENTS.
Preface.
gratitude.
part 1
THE LEVEL OF SCIENCE RESEARCH AND ITS CORE METHODOLOGY..
Chapter 1 Bibliography of research..
Historical aspects of consolidation activity
Theoretical aspects
Information law
Information security
Chapter 2 Methodological basis of research..
Chapter 3 Key definitions of research..
Informational legal space, nformational legal medium..
Information legislation
Systematization of information legislation
Codification of information legislation
Incorporation of information legislation
PART 2.
legal conditions of CONSOLIDATION of information legislation
Chapter 1 The state of legal regulation of information relations in ukraine
Chapter 2 The structure of legal regulation of information relations in ukraine.
part 3
CONCEPTUAL APPROACHES TO CONSOLIDATION OF INFORMATION LEGISLATION UKRAINE.
Chapter 1 Consolidation of international law as background of harmonization information legislation with it
Chapter 2 Consolidation of information legislation in some countries
Chapter 3 International legal standarts of regulation information relations.
The place and role of soft law in the regulation of information relations
part 4
Improvement of legal regulation of information RELATIONS IN UKRAINE.
Chapter 1 Consolidation of information legislation as stage of codification..
Chapter 2 Some questions of substantiation structure of information code of ukraine, based on researches of consolidation of information legislation..
Chapter 3 Doctrine of Information Security of Ukraine: gist, and place and role in systematization activity
coNclusionS
tezaurus
used litErature
useful bibliography..
Systematization of legislation
Development, evolution, modernisation and reforming of legislation
Codification of legislation
Incorporation & Consolidation of Legislation..
Unification & Harmonization of legislation
Origins of Law
Information Law and Information Security
Doctrines