V. A. Lipkan: Incorporation of Information Legislation of Ukraine

 

Lipkan V. A.

 L 613 Consolidation of Information Legislation of Ukraine : [monography] / V. А. Lipkan, K. P. Cherepovskiy / Edited by V. A. Lipkan. — К. : О. S. Lipkan, 2014. — 360 p.
  ISBN 978-966-2439-49-6 

The monograph is devoted to theoretical and legal problems of incorporation of information legislation of Ukraine. The work defines such definitions as information, information legislation, law regulation of information relations, systematization of information legislation, incorporation 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 incorporation of constitutional provisions on legal informational relations in legislation, features of application incorporation in the systenatization of information legislation of Ukraine etc. Attention is focused on the question incorporation 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`s scientific school and will be useful for graduate students, researchers, practitioners and for everyone who interested in the systematization of information legislation and state information policy.

 

Introduction

 

Building up of Ukraine as an independent state is carried out in the conditions of the global informational society formation. It causes the necessity of the monitoring of the legislation in the sphere of information and its bringing to correspondence with new social and economic, political and legal and information realities.

Nowadays in Ukraine appeared the need to rethink meaning of law in information sphere at the basis of appearance of new branch, interbranch institutions, complex and special branches of law under the influence of fast development of IT-economy – industrial manufacturing of different information technologies and services, which are given by its use, as the basis of innovative grow of social needs. Development and mass introduction in social relations of new information, telecommunication technologies under the influence of new achievements in the sphere of electronic, informatics and other technical sciences have led to separation of information law as a branch in the structure of the system of law.

At the stage of establishment of information law as a branch of public law in accordance with the paradigm fragmentary approach to legal regulation of social relations relating to information it was formed considerable amount of normative and legal acts (above 4000). Now the need in their coordination is felt, so unsystematic character of laws adoption in the information sphere caused many contradictions. Also it should be noted, that still remains distinct tendency of regulations domination above laws in information space of a state that causes conditions for abuse of separate provisions of normative acts by some representatives of power and business, interpretation at their discretion, which led to breach of information rights and freedoms of a person, society and state. Also is watching a strict tendency when provisions of norms of some laws contradict others that create the threat to legal safety of a person in information sphere.

Problem of information legal relations become more actual in the conditions of future development of information society in Ukraine. The problem of incorporation of information legislation of Ukraine is one of its aspects.

Fixation in some normative and legal acts of the need of systematization of information legislation of Ukraine becomes an important acquisition in the direction. However this important direction of law-making activity hasn’t found its realization in the practice because of some objective and subjective reasons. Among objective reasons we defined too short period of the mass introduction of electronic and calculating means, computer information technologies in social information relations. Under this influence their public and legal regulation was formed situational. Abovementioned caused the need of new structuring, first of all of laws, their incorporation at the theoretical level. Among subjective reasons should be noted sufficiently narrow circle both domestic scientific schools and separate scientists, who subjectively researches different aspects of system work – systematization of the information legislation.

І.V. Aristova, V.U. Baskakov, G.V. Vynogradova, V.І. Gurkovskyy, M.І. Dimchoglo, P.B. Jevgrafova, V.A. Zaliznyak, О.О. Zolotar, G.M. Krasnostup, R.А. Kalyujnyy, L.І. Kapinus, Т.А. Kostecka, О.V. Kochanovska, V.А. Lipkan, J.E. Maksymenko, P.E. Matvijenko, А.І. Marushchak, А.М. Novyckyy, І. М.Sopilko, V.U. Stepanov, К.G. Tatarnykova, V.S. Cymbalyuk, М.Y. Shvec, О.V. Shepeta and some others belong to those who came close in their scientific works to systematization of the information legislation of Ukraine.

Requirement of widen use of works of scientists of philosophy of law, theory of state and law, constitutional, administrative, civil, commercial and other branches of law appears in connection with growing of amount of normative and legal acts concerning information and necessity of their systematization. It should be noted that some scientific aspects, theoretical provisions of incorporation as a kind of systematization of legislation are reflected in works of V.B. Averyanov, J.О. Gida, І. P. Golosnichenko, P.B. Evgrafov, V.V. Kopeychikow, B.М. Lazarev, V.Y. Matcyuk, N.М. Onyshchenko, V.F. Opryshko, V.P. Portnova, P.М. Rabinovich, V.І. Remvyov, S. G. Stecenko, О. P. Polinec, А.О. Selivanov, А.І. Syrota, О.D. Tychomyrov, О.V. Tyurina, R. Y. Khalfina, V.V. Tsvetkov and others.

Despite of numerous scientific research, which are dedicated to different aspects of the systematization of information legislation of Ukraine, complex, system research of its incorporation as an important stage of future institutional structuring with next formalization at the level of codification remains out of scientific circulation at monographic level.

Absence of system, methodological understanding and scientific processing of defined issues in domestic legal science causes actual scientific work – study of incorporation as a kind of systematization of information legislation.

Aim of work is to work out and offer scientifically grounded offers concerning incorporation as a kind of systematization of information legislation to increase its effectiveness at the basis of achievements of legal science, generalizing laws enforcement, analysis both national and foreign information legislation.

Solving of next tasks helps to achieve the aim:

–                    to characterize theoretical basis of incorporation of information legislation by analysis of its scientific elaboration;

–          to form general methodological provisions of incorporation as a structural element of systematization of information legislation of Ukraine;

–          to give the author’s vision of notions and kinds of incorporation on information legislation;

–          to define conceptual approaches to performance of incorporation on information legislation of Ukraine;

–          to define structural elements of the structure of legal regulation of information relations in Ukraine;

–          to ground the necessity of performance of incorporation of international information law as a precondition of harmonization the legislation of Ukraine with it;

–          to characterize processes of performance of the incorporation of information legislation in separate states;

–          to give offers concerning improvement of legal regulation on information relations in Ukraine;

–          to ground the necessity of incorporation as a stage that precede codification of information legislation of Ukraine;

–       to ground structure of Code of Ukraine on information at the basis of studies of incorporation of information legislation.

Information relations and their legal regulation is the object of the research.

Incorporation of information legislation of Ukraine is the subject of research.

Methodological basis of research consist of unity of general, branch and special scientific methods, which in complex give an opportunity to solve fixed tasks and achieve the aim of research.

System approach, that gives an opportunity to ground interconnection and interdependence of social and technical and social and technological processes and phenomena as the elements of complex system of society, was base methodological foundation.

Genesis of scientific views, which are dedicated to separate aspects of raised topic, development of international standards of the regulation of information relations was researched by use of dialectic and historic approaches.

Role and place of information legislation in the legal system of Ukraine, its meaning for society and its features were defined with the help of formal and logical and social methods, which were also used.

Statistic and comparative and legal methods were used for defining of international and legal basis of regulation of social information relations and regulation of information relation in separate countries.

With the help of logic and semantic method and method of ascent from the abstract to the concrete the conceptual apparatus was deepen, notions, general and separate features of information legislation were defined.

Method of comparative and legal analysis was in the basis of analysis and comparison of national and foreign information legislation that give an opportunity to highlight domestic experience of legal regulation of information relations in Ukraine.

With the help of formal and legal methods norms of domestic and foreign normative and legal acts, which regulate information relations were studied, content and meaning of used in it notions were defined; conclusions and offers concerning their changing and addition were grounded.

Structural and functional method promoted analysis of different drafts of incorporation of information legislation of Ukraine, finding of disadvantages of their structural elements, planning of the directions of improvement of institutional structure of the draft of domestic codified act of information legislation.

With the help of expert assessments positions of specialists on information issues concerning effectiveness on the normative and legal regulation of information sphere were found, and statistic method of sorting of laws of Ukraine, where information is the object of relations give an opportunity to structurize and generalize.

Prognostic analysis gives an opportunity to foreseen tendencies of development of information legislation.

 

Conclusions

 

Summing up, we note that in a monographic study is provided new solution of the scientific task – to clarify problems of incorporation of information legislation of Ukraine in order to improve its efficiency.

  1. The theoretical foundations of the incorporation of information legislation by analyzing of scientific elaboration of this problem were characterized. The analysis of theoretical positions regarding the incorporation of information legislation showed that in the science of information law this problem was not investigated objectively, systematically and separated on monographic level before. Scientific development of problem concerning the incorporation of information legislation was carried out fragmentary in compound of its systematization and was focused mainly on the formulation of the theoretical base of research of unity of legal regulation of social relations concerning information and presentation of materials for the study of the discipline “Information Law”, as well as other similar disciplines.
  2. General methodological provisions of the incorporation as a constituent element of the systematization of information legislation of Ukraine were formed. Shaping the methodological principles of research of systematization of information legislation Ukraine at the present stage of its fragmented, situational creation, in a large set of certain special laws, their incorporation is the first and obligatory scientific and practical stage that provides not only consolidation but also the codification of the laws as a separate legal act – Code. In the theory of information law there are different conceptual approaches to the incorporation of information legislation of Ukraine, which are based on the provisions of the general theory of law. Different researchers give different structure of the legal regulation of information relations in Ukraine. The lack of consensus among Ukrainian researchers on incorporation of information legislation of Ukraine does not allow defining practically a single coherent concept of drafting a codified act on the legal regulation of social information relations.
  3. The author’s vision of the concept and types of incorporation of information legislation was given. Incorporation of information law (incorporation of information legislation) – is a purposeful activity of the competent authorities or individuals that is aimed at external regulation of normative material in accordance with certain criteria without changing of its content of the information sector. Incorporation of legislation can be carried out by next criteria: 1) by legal significance (depending on the validity (collections and miscellanies): official – provides approval of collections of incorporated regulations by the competent authority, and also is performed in the name and on behalf of or with the consent of the legal body that approves or otherwise officially endorses prepared miscellanies; unofficial – doesn’t have binding character, is performed by research institutions, educational institutions and other subjects of legal activity for easy use of standard materials (exterior finishing of legislation, that is carried out by individuals or organizations (educational institutions, agencies, academics and practitioners) without special powers of law-making bodies), semi-formal incorporation – is a publication of collections and miscellanies of laws on behalf of law-making authority (authorities ) by a specifically authorized body (e.g. the Ministry of Justice), besides that the law-making body formally doesn’t approve and disapprove such miscellanies, and text placed in it will not get an official character; 2) the method of ordering: chronological – is carried out in confident succession on the basis of the regulations publication; subject – normative acts are gathered on the basis of homogeneity of social relations which constitute separate subject of legal regulation; 3) by volume: general, branch, interbranch, special; 4) for subjects of performance: law-making subjects, specially represented subject, other subjects on their initiative; 5)for duration: periodic (continual) – the incorporation is carried out continuously, weekly publication of regulations collections on a specific topics or from the specific law-making subjects is its result; temporary – the incorporation of regulations for a defined period of time; 6) depending on which part of the act is the subject to systematize: incorporation of full texts of regulations; incorporation of extracts (articles, paragraphs) of regulations; comprehensive, that covers union of full acts and their separate parts; definitive incorporation; 7) by the method of regulations finishing: simple (is done when non-normative and formally repealed provisions, temporary rules validity of which expired , signatures of authorized officers, etc. are eliminated from the acts in the process of their collections); complex (is done when on a level with abovementioned actions formally not abolished, but in fact regulatory requirements which have lost the power are also removed from miscellanies, the unification of the terminological apparatus of different acts with appropriate amendments, that refers to the incorporation with elements of law-making, is done); 8) by the scope of normative material that is combined in collections: all-national, regional, local etc.; 9) depending on the type of legal acts that are incorporated: regulations, law enforcement acts; interpretational acts (regulations- interpretation) and others. There are also other types of incorporation, which are carried out by the following criteria: alphabetical order, a branch of law, subject of regulation adoption, topic of a scientific research, the scope of activity etc.
  4. Conceptual approaches to the performance of the incorporation of information legislation of Ukraine were defined. Incorporation of the legislation of Ukraine regarding the information can be made by institutional features, which are reflected in the norms of the Constitution of Ukraine as legal matrix: where the term “information” and similar terms (“news”, “communications”, “data”) are used, or information is a constituent of categories (for example, information security, environmental information, etc.).

But other legislative acts, in which information is the object of relations, can be not taken into account. It can be also performed by the features of a special law such as the Law of Ukraine “On Information” that is systematizes the branch of legislation.

Thus such incorporation should take into account defined in the Law rules of legally consolidation content where are reference s to other legislative acts, where information is the subject of legal relations in different legal status (e.g. , secret, state secret, etc.), or inversely: the definitions of the laws where is the reference at the Law of Ukraine “On Information”. But in such incorporation laws, where there is no reference at the Law of Ukraine “On Information” may also be taken into account. The most complete incorporation of information legislation on information can be regarded its performance with taking into account the comprehensive approach, the methodological position of which are elaborated in the theory of information law on structured institutions of the law.

  1. The condition of the legal regulation of information relations in Ukraine was outlined, in particular it was stated that information legislation of Ukraine has a very large of branching at the level of specific laws. In addition, the information legislation of Ukraine inherent constant intensive amendments, which reflects the fragmentation of development of information law as a science and practice of social relations. On the one hand, this trend is positive, as it reflects changes in the informational relations under the impact of new information technologies which are based on computer technology, on the other – excessive dynamic of changes and additions to legislation complicates its realization.
  2. The necessity of incorporation of international informational law as a prerequisite for harmonization of information legislation of Ukraine with it. The incorporation of international information legislation is very important for the incorporation of information legislation of Ukraine as part of its systematization. It is a scientific prerequisite for the harmonization of information legislation of Ukraine with it. International information legislation has a significant impact on the development of national information legislations and is determined by growing interdependence. Mainly the national information legislation of states correlates with the overall global trends of development of international legal norms as standards in the field of information relations. In many countries special programs of building up of information infrastructure are aimed at a single information space and creation of a unified legislative base, however taking into account the potential, features of the particular state. National information legislation of many countries is determined by branching, which requires its systematization, especially at the level of incorporation. Ukraine as an independent member of international relations should take into account international and legislative trends of institutionalization of information legal relations in separate countries and in the context to witness the positive experience of other countries concerning establishment of legal standards in the field of information society in its legal system.
  3. The process of performance of the incorporation of information legislation in some countries was characterized. Important role in the incorporation of information legislation of Ukraine has the incorporation of information legislation in some countries. According to research, this issue is not studied thoroughly among foreign researchers of information law in the context of comparative studies: a comparison with information legislation of their countries and of information legislation in other countries. Abovementioned is caused by the fact that in different countries scientific consensus on the structuring of social relations which are associated with information in relatively isolated areas – information law and information legislation is absent. In fact, the concept of the existence of information law as relatively autonomous, complex branch of ​​law is supported by the majority of scholars of legal relations on information only in Ukraine and Russia. In fact, Ukrainian and Russian researchers are guides of systemic, comprehensive legal regulation of social relations on information at the basis of the concept of European continental law and its codification on national level in the form of code. Definition of conceptual approaches to improvement of information legislation in some countries led to make the conclusion that its consolidation and codification largely depends on the completeness of its incorporation by subject features of types of information activities with taking into account structuring of legal relations by subject-object features: rights of person, citizen’s right, society’s rights, state’s rights and international information exchange.
  4. The proposals on improving the legal regulation of information relations in Ukraine were offered. Shaping the methodological provisions of research of systematization of information legislation Ukraine at the present stage of its fragmented, situational creation, in a large set of certain special laws, their incorporation is the first and obligatory scientific and practical stage that provides not only consolidation but the codification of the legislation at the level of separate legal act – Code. It was stated that the improvement of legal regulation of information relations in Ukraine is possible through the codification of national information legislation that will transform the legislation from a totality into the system.
  5. The necessity of incorporation as a stage that precedes the codification of information legislation of Ukraine was grounded. It is reasonable to consider it in the light of its consistency in order to achieve greater availability and proper implementation of regulations of the modern state of information legislation. Now it is necessary actively pursue technical processing of legislation, to eliminate the existing contradictions and duplication in order to ensure its stability and effective implementation of regulatory requirements. In other words, objective conditions for the extensive use of this form of systematization, as incorporation, which does not change the content of the regulations, and is limited only by external processing of normative material are formed. Incorporation of legislation provides comfort of normative legal acts use, promotes elimination of gaps and contradictions, let to eliminate unwarranted references at the presence or absence of certain legal requirements. Taking into account the legal nature of incorporation, its features and differences from other forms of systematization (consolidation and codification) it is observed that the quality incorporation can be as a basis for making a decision on the feasibility of using of other forms of the legislation ordering at the next stages of systematization. Incorporation promotes the most efficient use of methods and techniques of legislative techniques in the preparation of the codes text, avoids usage in the future text of norms of temporary or operational character, with most likely to consider all possible references to other articles and legal acts.
  6. The structure of the Code of Ukraine on information at the basis of studies of incorporation of information legislation was grounded. Some conceptual principles of the Code of Ukraine on information creation were proved: 1) The structure of codified legislative act on the information shall consist of a preamble, general, peculiar and special parts, as well as separate – the technical content of the part – the final and transitional provisions. Close to it, preamble and final and transitional provisions are not defined in the title as parts or chapters. The preamble should disclose the total, primary leading purpose of information legislation as a base. Leading tasks as applied goals should be structured in a separate article of the General part. It should be the first article of the Code. 2) The General part shall contain, in addition to the above, the conceptual bases, which reveal features of information legislation in relation to other branches of law and are inherent to all its institutions, that is, for the vast number of rules of the peculiar and the special part of the Code. 3) Concerning the peculiar part, as a consolidated view, that has the elements of doctrinal provisions, it shall specify and detail the general provisions in accordance with the basic institutions of information legislation of Ukraine by subjective feature of rights and obligations of main participants in information relations which are developed in the special part with taking into account the specificity of implementation of kinds, directions of activity on information. Determination of the provisions by subject feature in the peculiar part let avoid duplication of similar provisions in the articles of the special part. 4) Concerning the special part, it should be structured by object basis: types or directions of information activity. Social relations which arise in connection with the collection, storage, use and dissemination of information, taking into account the technological component of their manifestation shall be the object of the codification in the Special part. Chapters of the Special parts are formed at the base of the isolation of the major branches in the theory of information law. 5) Concerning structuring of the final and transitional provisions, they obligatory should indicate, among other attribute provisions, legislative acts which will lose the validity in connection with the Code entry into force. Thus, in our view, the Law of Ukraine “On Information” should be at the first place, then the others (their provisions should be fully integrated into the structure of the Code). 6) Structurally the Code of Ukraine on information should consist of the Preamble, the General, the Peculiar and the Special parts and the final and the transitional provisions. A review of just some issues concerning ground of the structure, not paragraph-by-paragraph contents of the draft of the Code of Ukraine on information at the basis of studies of incorporation of information legislation. Offering our understanding of the structure of the Code draft, we join the position of those domestic scientists, who think that it should have the Preamble, the General, and the Peculiar, the Special parts and the final and the transitional provisions. So the Peculiar part defines the development of the provisions of the General part by subject and object feature – the basic rights and duties of participants of information relations: a person, a citizen; a society (including different citizens unions, private legal entities), a state (the implementation of insurances by its appropriate authorities), a variety of international unions and other subjects of international law. The Special part develops the provisions of the General and the Peculiar part, the relationship are structured by object feature – the types and directions of information activities. At the same time is defined the possibility to avoid duplication of separate provisions with normative content on the rights and responsibilities associated with the implementation of the interests and needs of a person, a citizen, society and the state, international community while regulation separate types or directions of activity related to information. Thus, the structure of the Code of Ukraine on information consists of:

The General part is composed from six chapters, which are divided into chapters.

The first section – Guidelines. It has to have an article that discloses the contents of the basic concepts. However, it should not include and explain terms which are objects and subjects of information relations. It will be appropriate to mention in this article the concepts which are used in the text of the Code because their definitions are contained in other legislative acts (codes, laws). Thus, hyperlinks of information legislation with other related branches of law will be implemented.

The second section – Basis of information legislation – should be devoted to the legal definition of the structure of information legislation, the Code places in information legislation, structure, tasks and principles of information legislation, the sphere of its force.

The third section – Objects of information relationships – defines specificity and multidimensional of the information relations objects (information, information resources, information security, information relations, document, information infrastructure, information technologies, information and communication technology, access to information, mode of access to information, information with limited access, confidential information, state secret, bank secret, personal data, personal information (information about person), the general principles of the right on information , etc.) and consists of several subsections:

3.1. Spheres and kinds of information;

3.2. Sources of information;

3.3. Legal regime of information;

3.4. Content of the social information relations that further is divided into chapters:

3.4.1. Creation of information;

3.4.2. Spreading of information;

3.4.3. Storage of information;

3.4.4. Destroying of information.

3.5. Law of intellectual property. This subsection can be conditionally divided into the following chapters: Copyright and Related Rights, Right of Intellectual Property on software, Right of Intellectual Property on integrated circuits (topographies of integrated circuits), Right of Intellectual Property on trademarks for goods and services etc.

The fourth section – Liability for breach of information legislation of Ukraine – will consist of some articles: general principles of liability for breach of information legislation, exemption from liability for breach of information legislation, resolving of disputes and conflicts which arise in the sphere of information, monitoring and supervision for compliance of performance of norms of information legislation.

The fifth chapter – Subjects of information relations – will determine the general content of the participants of the information relations with the consolidation with other legislation.

The Peculiar part – will have sections, which develop detailed provisions of the fifth section, the General part with reference to the specific rights and obligations:

Chapter 6. Rights and obligations of a person and a citizen in the information sphere;

Section 7. Rights of the society in the information field. Information Society – composes from three subsections:

7.1 Public interests and needs in the information sector;

7.2 Rights and obligations of private legal entities in the information sphere;

7.3 Rights and obligations of citizens’ unions in the information space of society.

Chapter 8. Rights and obligations of the state – also includes subsections:

8.1 Government policy in the information sphere;

8.2 The powers of public authorities in the information sphere;

8.3 The powers of local governments in the information sector.

8.4 Government guarantees of implementation of information rights of a person and a citizen, society.

Chapter 9. International cooperation in the information sphere. It will focus on international legal principles of Ukraine’s cooperation with other countries and international organizations in the information sphere and will be divided into several divisions:

9.1 International information activity;

9.2 Legal and organizational framework for cooperation with other countries in the information sphere;

9.3 Interaction of Ukraine with international organizations in the information sphere.

Special Part of the Code is correlated with the main branches of special information legislation of Ukraine, where the directions and types of information activity are defined. It consists of several sections:

Chapter 10. Media. This section is structured into the following subdivisions:

10.1 Printed mass media (newspapers);

10.2 The legal principles of operation of television and radio broadcasting;

10.3 Activity of news agencies;

10.4 Internet as a mean of mass media and communications;

Chapter 11. Telecommunications, connection;

Chapter 12. Libraries and library activity;

Chapter 13. Archives and archival activity;

Chapter 14. Advertising and promotional activity;

Chapter 15. Telemedicine;

Chapter 16. E-commerce;

Chapter 17. Distance Learning;

Chapter 18. Cinematography;

Chapter 19. Information Security. It is proposed to structurize in this section provisions concerning main basis of the information security, national interests in the information sphere, threats to information security of Ukraine, the system of the information security of Ukraine, the directions of the state policy in the field of information security of Ukraine;

Final and transitional provisions.

BRIEF CONTENTS

CONTENTS

BRIEF CONTENTS

CONTENTS INTRODUCTION

INTRODUCTION

ACRONYMS

FOREWORD

 

PART 1 DEVELOPMENT LEVEL OF SCIENTIFIC ISSUES AND RESEARCH METHODOLOGY

Chapter 1.1 References on research

Chapter 1.2 Methodological framework studies on incorporation of information legislation of Ukraine

Chapter 1.3 Concepts and categories of research

1.4. Types of Incorporation

 

PART 2 LEGAL BACKGROUND incorporation of information legislation of UKRAINE

Chapter 2.1 Stages of the formation of information legislation Ukraine

Chapter 2.2 Current status of information law in Ukraine

Chapter 2.3 Incorporation of information legislation of Ukraine

Chapter 2.4 Incorporation main areas of information legislation of Ukraine

 

PART 3 CONCEPTUAL APPROACHES TO INTERNATIONAL incorporation of information legislation

Chapter 3.1 Incorporation of International Information legislation as a prerequisite harmonization with him information legislation of Ukraine

Chapter 3.2 Incorporation of information legislation in some countries

 

PART 4 IMPROVING INFORMATION LAW of UKRAINE

Chapter 4.1 Incorporation as a stage of codification of information legislation of Ukraine

Chapter 4.2 Project Structure of CODE OF UKRAINE ON INFORMATION in the context of research incorporation of information legislation

 

CONCLUSIONS

THESAURUS

USED LITERATURE

SELECT BIBLIOGRAPHY

INDEX

NAME INDEX

GRATITUDE


CONTENTS

CONTENTS

BRIEF CONTENTS

CONTENTS INTRODUCTION

INTRODUCTION

ACRONYMS

FOREWORD

 

PART 1 DEVELOPMENT LEVEL OF SCIENTIFIC ISSUES AND RESEARCH METHODOLOGY

Chapter 1.1 References on research

1.1.1 Historical aspects of incorporation activities

1.1.2 General theoretical work

1.1.3 Work on Information Law

1.1.4 The works devoted to the analysis of various aspects of Information Security

Chapter 1.2 Methodological framework studies on incorporation of information legislation of Ukraine

Chapter 1.3 Concepts and categories of research

1.3.1 The concept of “information”

1.3.2 The concept of “information law”

1.3.3 The concept of “systematization of law”

1.3.4 The concept of “systematization of information law”

1.3.5 The concept of ” incorporation”

1.3.6 Value concepts of ” incorporation”, “consolidation”, “codification”

1.4. Types of Incorporation

 

PART 2 LEGAL BACKGROUND incorporation of information legislation of UKRAINE

Chapter 2.1 Stages of the formation of information legislation Ukraine

Chapter 2.2 Current status of information law in Ukraine

Chapter 2.3 Incorporation of information legislation of Ukraine

2.3.1 Criteria for the incorporation of information legislation of Ukraine

2.3.2 Stages of the incorporation of information legislation of Ukraine

2.3.3 Methods of incorporation of information legislation of Ukraine

Chapter 2.4 Incorporation main areas of information legislation of Ukraine

2.4.1 Incorporation of legislation on information society development

2.4.2 Incorporation of legislation on access to information

2.4.3 Incorporation of legislation on the media

2.4.4 Incorporation of legislation on telecommunications

2.4.5 Incorporation of legislation in education

2.4.6 Incorporation of information legislation in the field of Information Security

PART 3 CONCEPTUAL APPROACHES TO INTERNATIONAL incorporation of information legislation

Chapter 3.1 Incorporation of International Information legislation as a prerequisite harmonization with him information legislation of Ukraine

Chapter 3.2 Incorporation of information legislation in some countries

 

PART 4 IMPROVING INFORMATION LAW of UKRAINE

Chapter 4.1 Incorporation as a stage of codification of information legislation of Ukraine

Chapter 4.2 Project Structure of CODE OF UKRAINE ON INFORMATION in the context of research incorporation of information legislation

4.2.1 Project Information Code developed by the State Committee for Information Policy, Television and Radio Broadcasting of Ukraine

4.2.2 The concept of reforming legislation of Ukraine in the field of public relations information : principles of creation of the Information Code of Ukraine

4.2.3 Draft Code of Ukraine on information M. and V. Shvets

4.2.4 Project Information Code of Ukraine VS Tsimbalyuk

4.2.5 Project Information Code of Ukraine Lipkan VA and VA Zaliznyaka

4.2.6 Project Information Code of Ukraine , GM Krasnostup

4.2.7 Project Information Code of Ukraine Viktor Lipkan and KP Cherepovskiy

CONCLUSIONS

THESAURUS

USED LITERATURE

SELECT BIBLIOGRAPHY

V. Lipkan’s scientific school reasearches on informational subjects

Systematization of legislation

Development, evolution, modernisation and reforming of legislation

Codification of legislation

Incorporation & Consolidation of Legislation..

Unification & Harmonization of legislation

 

INDEX

NAME INDEX

GRATITUDE