Civil legal protection of information. Relations between the media, the state and society are characterized by mobility: the rules of the game change periodically, the balance of power in the media field is constantly changing, etc. The authorities for the protection of state secrets are

Borbotko T.V. Lectures on the course - Fundamentals of information security [document]

Zaginailov Yu.M. Legal bases of information protection. Lecture course [document]

Information security methods [document]

Legal basis for civil protection [ lecture ]

[document]

Alefirenko V.M. Fundamentals of information security [document]

Protection of computer information [document]

Data protection [document]

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Legal basis for information protection
Article 21 of the Law “On Information, Informatization and Protection of Information” (No. 24-FZ of January 25, 1995) states that “any documented information is subject to protection, the misuse of which may cause damage to its owner, owner, user and other person ".

The concept of information from a legal point of view, as information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation, is given in Art. 2 of this law. The most important condition for the protection of information is its documentation (the first norm of Art. 4.2.). Documented information (document) is information recorded on a material carrier with details that allow it to be identified (Art. 2.).

Information security goals:

Prevention of leakage, theft, loss, distortion, falsification of information;

Prevention of threats to the security of the individual, society, state;

Prevention of unauthorized actions to destroy, modify, distort, copy, block information;

Prevention of other forms of unlawful interference with information resources and information systems;

Ensuring the legal regime of documented information as an object of ownership;

Protection of the constitutional rights of citizens to maintain personal secrecy and confidentiality of personal data available in information systems Oh;

Preservation of state secrets, confidentiality of documented information in accordance with the law;

Guarantee of the rights of subjects in information processes and in the development, production and application of information systems, technologies and means of their support.

Any documented information, misuse of which may cause damage to its owner, owner, user or other person, is subject to protection.

Control over compliance with the requirements for information protection and the operation of special software and hardware protection tools, as well as the provision of organizational measures to protect information systems that process information with limited access in non-state structures, are carried out by state authorities.

Organizations that process information with restricted access, which is the property of the state, create special services that ensure the protection of information.

The owner of information resources or persons authorized by him have the right to exercise control over the fulfillment of information protection requirements and to prohibit or suspend the processing of information in case of non-compliance with these requirements. The owner or holder of documented information has the right to apply to state authorities to assess the correctness of the implementation of the norms and requirements for the protection of his information in information systems.

The owner of a document, an array of documents, information systems or persons authorized by him, in accordance with the law, establish the procedure for providing the user with information indicating the place, time, responsible officials, as well as the necessary procedures and provide conditions for users to access information.

The owner of a document, an array of documents, information systems ensures the level of information protection in accordance with the law.

The risk associated with the use of non-certified information systems and means of their support lies with the owner (owner) of these systems and means. The risk associated with the use of information obtained from a non-certified system lies with the consumer of the information.

Protection of the rights of subjects in the field of formation of information resources, their use, development, production and application of information systems, technologies and means of their support is carried out in order to prevent offenses, suppress illegal actions, restore violated rights and compensate for the damage caused.

Responsibility for violations of international norms and rules in the field of the formation and use of information resources, the creation and use of information systems, technologies and means of their support lies with state authorities, organizations and citizens in accordance with agreements concluded by them with foreign firms and other partners with taking into account international treaties.

Denial of access to open information or provision of deliberately false information to users can be appealed in court.

Heads and other employees of public authorities, organizations guilty of unlawfully restricting access to information and violating the information protection regime are liable in accordance with criminal, civil and administrative law.

However, a number of normative provisions for the protection of information in automated systems, developed earlier, do not meet modern requirements and modern information technologies. Work in this direction is noticeably behind the needs and is one-sided.
(mainly reduced to protecting information from leakage through technical interception channels).

There is still no legal and methodological basis for building secure automated and computing systems suitable for processing classified information in government agencies and commercial structures.

The range of information carriers is determined by the possible Forms of its existence (representation):

Traditional textual or graphic form - in the form of descriptions and drawings (drawings),

Real (objective) form - in the form of samples of various products,

Machine form - in the form of combinations, symbols of the binary number system,

Signal forms - in the form of a parameter or a combination of parameters of oscillations of any physical process: electric current or voltage, magnetic, electromagnetic, gravitational, acoustic and other fields.

Therefore, material carriers of information can be:

Materials and substances (including gaseous - odors),

Physical processes and fields (electric, magnetic, gravitational, electromagnetic, etc.).

Another important condition for the protection of information is the presence of details in the document. Details serve to ensure (confirm) the authenticity of documents, i.e. give documents legal force. State standard of the Russian Federation GOST R 6.30-2003 “Unified documentation system. Unified system of organizational and administrative documentation. Requirements for the execution of documents ”determines the composition and procedure for applying the details of documents. In total, 30 details are described in the standard. Examples may be: the State Emblem of the Russian Federation; Coat of arms of the subject of the Russian Federation; Organization emblem or trademark, etc.

In this case, it is not necessary that all details be used in the documentation. The set of details in different documents may be different. It should be borne in mind that the text of the document is the main requisite.

Thus, the definition of a document given in Art. 2 of the Law allows you to consider information in the form of text as a document without any other details such as signatures, dates, etc. Such a document (only in the form of text) is subject to protection by law without any additional procedures.

In office work and archiving, there is a concept of an official document clarifying for these areas of activity (according to GOST R 51141-98). Official, i.e. only a document “created by a legal or natural person, executed and certified in the prescribed manner” is considered to have the right to use in an organization. For such documents, the requirements for the minimum composition of details are defined by the standards GOST 6.10.4-84 and GOST 6.10.5-87. Both standards establish the composition of the details that give the documentary record the legal force of the document from the point of view of office work and therefore are called mandatory. These are: organization name, document name, document date, document index, organization code (OKPO), document form code (OKUD), signature, location of the organization.

The concept of "document requisite" is necessary to determine the moment of onset of legal liability for unauthorized actions with documented information.

The most important requisite confirming the authenticity of electronic documents (ED) is an electronic digital signature (EDS) - a high-tech product obtained as a result of cryptographic transformation of a protected document using a secret (private) key for encrypting information and affixed to the ED. For the first time, the rule on the possibility of using an EDS as a requisite confirming the authenticity of an ED appeared in Art. 5 of Law No. 24-FZ-95, subsequently a special law No. 1-FZ-2002 “On Electronic Digital Signature” was adopted, according to which an EDS is recognized as equivalent to a handwritten signature in a paper document.

Understanding the order and rules of documenting information can save its owner from unnecessary problems. One of them concerns information in electronic form. In any organization for internal use or on a private person's home computer, of course, EDS is not used. It follows from this that a potential violator can fearlessly use such information in electronic form, without being responsible for it.

Ownership of documents is introduced in accordance with the second rule of Art. 4.2. Law No. 24-FZ-95g. The second norm concerns the concept of property ownership of information.

Introduction of the concept of information as material property the most important feature Law "On Information": "Information resources as an element of the composition of property ..." - we read in the law. "Information resources can be a commodity, except as provided by the legislation of the Russian Federation" - we read further.

The Law "On Information ..." and the Civil Code of the Russian Federation determine that information resources, systems, technologies and means of their provision may be the property of individuals, legal entities and the state.

The owner is a subject that fully exercises the powers of possession, use and disposal.

Owner - a subject exercising possession and use, exercising the powers of disposal.

User - a subject that applies to an information system or an intermediary to obtain the information he needs and uses it.

The rights and obligations of subjects are also defined.

The owner of information resources enjoys all the rights provided for by law, including:

Establish, within its competence, the regime and rules for processing, protecting information resources and access to them;

Determine the conditions for the disposal of documents when they are copied and distributed.

Establish the procedure for providing information to the user,

Monitor compliance with information protection requirements and prohibit the processing of information in case of non-compliance with these requirements.

Owner of documents, information systems:

Provides users with information on the basis of legislation, as well as contracts for information support services.

Provides the level of information protection in accordance with the legislation of the Russian Federation;

Ensures compliance with the processing mode and the rules for providing information to the user established by law or the owner of these information resources.

Bears legal responsibility for violation of the rules for working with information.

Users have equal rights to access state information resources and are not required to substantiate the need to obtain the requested information. The exception is information with restricted access.

Often a certain difficulty is caused by the establishment of ownership, i.e. determination of the owner of information resources.

The Law “On Information…” explains:

"Individuals and legal entities are the owners of those documents, arrays of documents that are created at their expense, acquired by them legally, received by way of donation or inheritance."

Information resources that are the property of the state are under the jurisdiction of state authorities and organizations in accordance with their competence, are subject to accounting and protection as part of state property.

Information resources of individuals and legal entities, created or legally acquired at the expense of their own budgets, are their property, are accounted for on the basis of the right of tangible property and can be transferred on a reimbursable or non-reimbursable basis to other individuals and legal entities or the state on the basis of the right of ownership, possession or use.

Information resources can be a commodity, with the exception of cases provided for by the legislation of the Russian Federation. In addition, Article 128 of the Civil Code (part 1) introduces the concept of intellectual property as an object of property rights: “Objects of civil rights include things, including money and securities, other property, including property rights; works and services; information; results of intellectual activity, including exclusive rights to them (intellectual property); intangible goods." Article 138 of the Civil Code of the Russian Federation somewhat specifies the concept of intellectual property: “In cases and in the manner established by this Code and other laws, the exclusive right (intellectual property) of a citizen or legal entity to the results of intellectual activity and equated means of individualization of a legal entity, individualization of products is recognized , performed works or services (company name, trademark, service mark, etc.)”.

Thus, the state stood up to protect the information property rights of the owner. In this regard, information resources of open access, which are of purely material value, are also of interest for consideration. An example of such information is system and application software, databases and data banks, archival and library funds.

Destruction, unauthorized modification or copying of such information may cause significant damage to its owner or possessor. However, the determination of the defendant and adequate compensation for damage is possible only if certain requirements for protection are met, such as recognition of its property value with the determination of its value, organization of proper accounting and control, registration of the transfer to the use of the materially responsible, the ability to determine the damage.
^ Measures of legal responsibility for crimes and offenses in the field of information protection
Information resources can be state and non-state, and as an element of the composition of property are owned by citizens, public authorities, bodies local government, organizations and public associations. Relations regarding the ownership of information resources are regulated by the relevant civil legislation.

Information resources - separate Documents and separate arrays of documents, documents and arrays of documents in information systems (libraries, archives, funds, data banks, other information systems);

Information processes - the processes of collecting, processing, accumulating, storing, searching and disseminating information;

Information system - an organizationally ordered set of documents (arrays of documents) and information technologies, including the use of computer technology and communications that implement information processes.

The owner of information resources containing information classified as a state secret has the right to dispose of this property only with the permission of the relevant state authorities. Subjects submitting mandatory documented information to public authorities and organizations do not lose their rights to these documents and to use the information contained in them. Documented information, which is mandatory submitted to public authorities and organizations by legal entities, regardless of their organizational and legal form and forms of ownership, as well as by citizens on the basis of the law, forms information resources that are jointly owned by the state and the entities that provide this information.

Information resources may be a commodity, except as provided by the relevant legislation. Ownership of information processing facilities does not create ownership of information resources owned by other owners. Documents processed in the order in which they were served when these processing facilities are used together belong to their owner.
The ownership and regime of derivative products created in this case are regulated by the contract.

State information resources are formed by citizens, state authorities, local governments, organizations and public associations. Documents belonging to individuals and legal entities may be included, at the request of the owner, in the composition of state information resources in accordance with the rules established for the inclusion of documents in the relevant information systems.

State information resources are open and publicly available.
The exception is documented information classified by law as restricted access. According to the terms of its legal regime, documented information with restricted access is divided into information classified as state secrets and confidential.

Informatization is an organizational socio-economic and scientific and technical process of creating optimal conditions for meeting the information needs and exercising the rights of citizens, public authorities, local governments, organizations, public associations based on the formation and use of information resources; Information about citizens (personal data) - information about the facts, events and circumstances of a citizen's life, allowing to identify his personality. Legal entities and individuals who, in accordance with their powers, own information about citizens, receive and use it, are liable, in accordance with the law, for violation of the protection regime, processing and procedure for using this information. When solving legal issues in the process of introducing modern information technologies, one should not forget about possible violations of the legal rights and interests of citizens due to the unfair behavior of users of such systems, for example, in the case of unauthorized use of information
(by an unauthorized official or outsider) or willful misrepresentation.

The right of citizens to request information concerns the documentation of federal executive bodies: ministries, administrative and military departments, government corporations and other institutions. These laws do not cover the documentation of elected offices such as president, vice president, senators, and members of the House of Representatives. In addition, the Freedom of Information Act placed a number of restrictions on general rules, specifying the specific categories of information not issued to citizens at their request, these are:

classified documents;

Intradepartmental service rules, instructions, prescriptions;

Information not subject to disclosure in accordance with other legislative acts;

Confidential business information (commercial and financial information about the entrepreneurial activities of individuals and corporations);

Intradepartmental official correspondence;

Information affecting the private life of a person;

Information about the operational and investigative work of law enforcement agencies;

Information of financial institutions.

Regulation of access to information resources

Information obtained legally from state information resources by citizens and organizations can be used by them to create derivative information for the purpose of its commercial distribution with a mandatory reference to the source of information. The source of profit in this case is the result of labor and investment in the creation of derivative information, but not the original information.

The procedure for the accumulation and processing of documented information with limited access, the rules for its protection and the procedure for access to it are determined by the state authorities responsible for certain arrays and types of information, in accordance with their competence, or directly by its owner, in accordance with the law. Citizens and organizations have the right to access documented information about them, to clarify this information in order to ensure its completeness and reliability, have the right to know who and for what purposes uses or used this information. Limiting the access of citizens and organizations to information about them is permissible only on the grounds provided for by laws.

The owner of information resources is obliged to ensure compliance with the processing regime and the rules for providing information to the user established by the relevant legislation or by the owner of these information resources, in accordance with the law. The owner of information resources bears legal responsibility for violation of the rules for working with information in the manner prescribed by the relevant legislation.

All types of production of information systems and networks, technologies and means of their support constitute a special branch of economic activity, the development of which is determined by the state scientific, technical and industrial policy of informatization.

State and non-state organizations, as well as citizens, have equal rights to the development and production of information systems, technologies and means of their support.

Information systems, technologies and means of their support may be the property of individuals and legal entities, the state. The owner of the information system, technology and means of their support is an individual or entity, at the expense of which these objects were produced, acquired or received by way of inheritance, donation or in any other legal way. Information systems, technologies and means of their support act as goods (products) subject to the exclusive rights of their developers. The owner of the information system, technology and means of their support determines the conditions for the use of these products.

Means for providing information systems and their technologies - software, technical, linguistic, legal, organizational tools (programs for electronic computers; computer equipment and communications; dictionaries, thesauri and classifiers; instructions and methods; regulations, charters, job descriptions; schemes and their descriptions, other operational and accompanying documentation) used or created in the design of information systems and ensuring their operation;

The owner of information resources, information systems, technologies and means of their support - a subject that fully exercises the powers of possession, use, disposal of these objects;

The right of authorship and the right of ownership to information systems, technologies and means of their support may belong to different persons.
The owner of the information system, technology and means of their support is obliged to protect the rights of their author in accordance with the law. Information systems, databases and data banks intended for information services for citizens and organizations are subject to certification in the prescribed manner.

Organizations performing work in the field of design, production of information security tools and processing of personal data receive licenses for this type of activity. The procedure for licensing is determined by the relevant legislation. The purpose of the computing system for a wide range of users creates a certain security risk, since not all customers will comply with the requirements for its provision. The procedure for storing information media should be clearly defined in the relevant legal act and provide for the complete safety of information media, the convenience of finding the necessary media, control over the work with information, responsibility for unauthorized access to information media in order to make copies of them, change or destroy them, etc. .

You can covertly access information archives that are concentrated in one place in large volumes. In addition, it became possible to remotely obtain information through terminals located at a distance from data storage sites. Therefore, to protect information, fundamentally new methods and tools are required, developed taking into account the value of information, working conditions, technical and software capabilities of computers and other means of collecting, transmitting and processing data. The lack of proper registration and control of work, low labor and production discipline of personnel, access of unauthorized persons to computing resources creates conditions for abuses and makes it difficult to detect them.

In each computer center, it is customary to establish and strictly observe the rules for access to various office premises for different categories of employees.

The degree of protection of information from unauthorized access and illegal actions depends on the quality of the development of organizational measures aimed at eliminating:

Access to information processing equipment;

Uncontrolled removal by personnel of various information carriers;

Unauthorized introduction of data into memory, change or erasure of information stored in it;

Illegal use of information processing systems and data obtained;

Access to information processing systems through homemade devices;

Unauthorized data transmission via communication channels from the information and computing center;

Uncontrolled data entry into the system;

Processing of data on order without the corresponding requirement of the customer;

Unauthorized reading, modification or deletion of data in the course of their transfer or transportation of storage media.

The software consists of three components: concept (base, sub-base); the programs themselves; accompanying documentation.

The idea (underlying) is ideas, concepts, algorithms, implementation considerations, etc.

A program can take one of three forms: source code, object code, or executable code.

Documentation includes: user manual, block diagram, training books; sometimes a complex piece of software such as operating system, accompanied by a special audiovisual training course.

Legal protection software in its scope largely coincides with a broader task - the legal protection of intellectual property.

There are currently five main legal mechanisms for protecting software: copyright; patent law; the law of industrial secrets; law relating to unfair competition practices; contract law.

Bibliography:

Albekov A.Sh. Legal basis for the protection of information of an economic, financial and personal nature. / Textbook. Pos. - Krasnodar: IEU, 2005.
Albekov A.Sh. Technologies for the protection of computer information of an economic, financial and personal nature. / Proc. Pos. - Krasnodar: IEIUMiSS, 2006.
Law of the Russian Federation "On Information, Informatization and Information Protection". SZ RF 1995 No. 88. Art. 609.
Law of the Russian Federation "On State Secrets". SZ RF. 1997. No. 41. Art. 4673.
Law of the Russian Federation "On Trade Secrets" No. 98-FZ-2004
Decree of the President of the Russian Federation No. 188 - 1997 “On approval of the list of confidential information”.
Law of the Russian Federation "On electronic digital signature" No. 1-FZ - 2002.

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Conclusion

Introduction

Information security refers to the use various means and methods, taking measures and implementing measures to systematically ensure the reliability of transmitted, stored and processed information.

Prevention of unauthorized access to confidential information circulating in the telecommunications networks of state and military administration, to information of national and international law enforcement organizations fighting transnational organized crime and international terrorism, as well as in banking networks is an important task of ensuring the security of global information. Recently, more and more attention has been paid to the protection of information at various levels - both state and commercial. The problems associated with improving the security of the information sphere are complex, multifaceted and interrelated. They require constant, unflagging attention from the state and society.

Legal protection is special laws, others regulations, rules, procedures and measures that ensure the protection of information on a legal basis (interstate protection; protection at the state level; at the enterprise level.

The legal protection of information as a resource is recognized at the international, state level and is determined by interstate agreements, conventions, declarations and is implemented by patents, copyright and licenses for their protection. At the state level, legal protection is regulated by state and departmental acts.

In our country, such rules (acts, norms) are the Constitution, laws Russian Federation, Decrees, Ordinances, civil, administrative, criminal law, set out in the relevant codes.

1. The concept and essence of the legal protection of information

The current stage of development of the system for ensuring the information security of the state and society is characterized by the transition from the total concealment of a large amount of information to the guaranteed security of fundamentally important data, which provides:

· constitutional rights and freedoms of citizens, enterprises and organizations in the field of informatization;

Necessary level of security of information to be protected;

· security of systems for the formation and use of information resources (technologies, systems for processing and transmitting information).

The key point of the state policy in this area is the awareness of the need to protect any information resources and information technologies, the misuse of which can cause damage to their owner, owner, user or other person.

Main tasks state system information protection:

implementation of a unified technical policy, organization and coordination of work on the protection of information in the defense, economic, political, scientific, technical and other fields of activity;

the exclusion or significant difficulty in obtaining information by technical means of intelligence, as well as the prevention of its leakage through technical channels, unauthorized access to it, the prevention of deliberate special software and hardware impacts on information with the aim of destroying, destroying, distorting or blocking it in the process of processing, transmission and storage ;

adoption within the competence of normative legal acts regulating relations in the field of information protection;

general organization of forces, creation of means of protecting information and means of monitoring the effectiveness of its protection;

control over the work on the protection of information in the bodies government controlled, associations, enterprises, organizations and institutions (regardless of ownership);

analysis of the state of the state system, identification of key problems in the field of information security;

determination of priority directions of the state system of information protection;

normative-methodical and Information Support information security work.

The legislation of the Russian Federation on state secrets is based on the Constitution of the Russian Federation, the Laws of the Russian Federation "On Security" and "On State Secrets".

The concept of state secrets is defined in the Law "On State Secrets" as "information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation."

The list of information constituting a state secret is determined by the Law "On State Secrets" (Section II), on the basis of which the interdepartmental commission for the protection of state secrets forms a list of information classified as state secrets.

The list of information classified as a state secret in the Russian Federation - information in the field of military, foreign policy, economic, intelligence, counterintelligence and operational-search activities of the state, the dissemination of which may harm the security of the Russian Federation; as well as the names of federal executive bodies and other organizations empowered to dispose of this information. The state imposes restrictions on the dissemination of such information from the moment of its creation (development) or in advance; the state, in order to streamline the circulation of such information, forms the necessary regulations (a list system of classification).

The system of protection of state secrets - in the Russian Federation - a set of bodies for the protection of state secrets, the means and methods used by them to protect information constituting a state secret, and their carriers, as well as activities carried out for these purposes. The law secured the creation of a number of bodies in the field of protecting state secrets, introduced the institution of officials empowered to classify information as state secrets, while at the same time imposing personal responsibility on them for activities to protect state secrets in their area of responsibility.

The authorities for the protection of state secrets include:

The Interdepartmental Commission for the Protection of State Secrets is a collegial body coordinating the activities of state authorities for the protection of state secrets in the interests of developing and implementing state programs of regulatory and methodological documents that ensure the implementation of the legislation of the Russian Federation on state secrets.

Federal executive body empowered in the field of security (Federal Security Service), federal executive body empowered in the field of defense (Ministry of Defense), federal executive body empowered in the field of foreign intelligence (Foreign Intelligence Service), federal executive body authorized in the field of countering technical intelligence and technical protection of information, and their territorial bodies (Federal Service for Technical and Export Control (FSTEC of Russia));

Public authorities, enterprises, institutions and organizations and their structural units for the protection of state secrets.

2. Regulatory framework for liability for violation of legislation in the field of information

An important direction in ensuring the information security of the Russian Federation is the improvement of its legal support. Legal support information security of the Russian Federation is a system legal regulation public relations in the field of countering threats to the national interests of the Russian Federation in the information sphere. The legal support of the information security of the Russian Federation includes a coordinated system of normative acts regulating the relations in question, as well as the coordinated activities of state authorities for their development and improvement.

In the Russian Federation, regulatory legal acts in the field of information security include:

International treaties of the Russian Federation;

Acts of federal legislation:

the Constitution of the Russian Federation;

Federal level laws (including federal constitutional laws, codes);

Decrees of the President of the Russian Federation;

Decrees of the Government of the Russian Federation;

Normative legal acts of federal ministries and departments;

Normative legal acts of the constituent entities of the Russian Federation, local governments, etc.

The legal support of information security of the Russian Federation aims to create a system of legal mechanisms that ensure effective counteraction to threats to the national interests of the Russian Federation in the information sphere. Legal support is formed by developing concepts for improving the legal mechanisms for countering threats to the information security of the Russian Federation in certain areas of this activity, developing legislation and a system of other regulatory legal acts of the Russian Federation based on the separation of powers established by the Constitution of the Russian Federation and the delimitation of jurisdiction between the Russian Federation and its subjects, conclusions Russian Federation of international treaties.

The system of legal mechanisms for ensuring information security should be based on the following principles:

balance of interests of citizens, society and the state;

the complexity of the legal regulation of public relations in the field of achieving the national interests of the Russian Federation in the information sphere and counteracting threats to these interests;

coordinating the activities of federal state authorities and state authorities of the constituent entities of the Russian Federation to improve the legal support of information security;

reasonable involvement of public organizations in the control of the activities of the state to ensure the information security of the Russian Federation.

Relations between the media and the state are based on the principle of freedom of the media. Legal regulation of the activities of the media is allowed insofar as it is necessary in a democratic society. State authorities and local self-government bodies are obliged to ensure the transparency of their activities through the openness of information about their work and decisions. Exceptional cases of refusal or delay in the provision of such information are established by law. The state, its bodies, other institutions, organizations, enterprises and individuals cannot have a monopoly on the media, publishing and printing facilities and media distribution systems. The institution of accreditation exists to create favorable conditions for the activities of journalists. The procedure for accreditation of media correspondents with state bodies, organizations, institutions should be unified and established by law.

Freedom of information and freedom of expression can only be limited by law. These restrictions must be clearly formulated and recognized as necessary to protect the foundations of the constitutional order, ensure the security of the state, morality, rights and legitimate interests of individuals and legal entities.

In a democratic society, the activities of public authorities and administration are subject to heightened attention primarily from the media. Criticism against statesmen and other public figures is allowed to a much greater extent than against private individuals. The state has no right to create structures whose tasks include control over the activities of the media. Control over observance of legislation in the field of media activities is carried out on a general basis. Legal disputes related to the activities of the media are resolved by courts of general civil jurisdiction. Disputes related to the economic activities of media editorial offices are considered by economic courts. Both the media editor and journalists are responsible for the abuse of media freedom.

Responsibility of officials for infringement of media freedom is established by civil, administrative and criminal legislation. The procedure for refuting information that does not correspond to reality, and the grounds for refusing to refute such information, shall be established by law. Claims for compensation for non-pecuniary damage caused by the distribution of product products mass media, are subject to state duty on a general basis and can be filed within one year from the date of publication of the information that has become the subject of the claim. The publication of a refutation gives the court grounds for reducing the amount of compensation for moral damage or completely exempting from it.

legal protection information legislation

Conclusion

A state secret is an exception to the free circulation of information. The institution of state secrets and the whole technology of its circulation is the essence of the function of the state in relation to society and the individual. The system of protection (protection) of state secrets is built to ensure that this secret does not become the property of both external opponents of the Russian Federation and hostile elements within the Russian Federation. This expresses the understanding of state secrets as a function of the state in relation to society and the individual. The goals of the legislation on state secrets are to fix the criteria for referring certain information to it, the criteria for declassification, as well as the detailed regulation of the circulation of such information.

In general, the current structure of the legislation on state secrets does not contradict the stated goals (the mention in the Constitution of the Russian Federation, the framework law "On State Secrets" based on it, laws and by-laws specifying the provisions of the first two). Legislation on state secrets is objectively intersectoral in nature and has the right to be called state (general legal). Administrative law and the corresponding administrative-legal regime play the most prominent role in regulating the circulation of state secrets. The relationship between the state and the media has always been a rather delicate delicate problem. In the conditions of modern Russia, from a flat relationship between the state and the media, overcoming ideological dogmas, it eventually passes into the legal field, naturally, requiring a clear legal justification.

Relations between the media, the state and society are characterized by mobility: the rules of the game change periodically, the balance of power in the media field is constantly changing, etc.

List of used literature

1. The Constitution of the Russian Federation.

2. Civil Code of the Russian Federation. Part Four: Federal Law No. 230-FZ of December 18, 2006 (as amended on July 17, 2012).

3. Federal Law of the Russian Federation "On information, information technology and on the protection of information dated July 27, 2010 No. 149-FZ".

4. Law of the Russian Federation of July 21, 1993 No. 5485-I "On State Secrets" (as amended federal law July 18, 2011 No. 180-FZ).

5. Gavrilov E.P., Eremenko V.I. Commentary on Part Four of the Civil Code of the Russian Federation (Article by Article). - M., 2010

6. Gurman, A.I. Information security / A.I. Gurman - M.: "BIT-M", 2011.

7. State secret as a function of the state in relation to society and the individual. // Journal "Law and Security". No. 1 (10) March 2010.

8. State secret in the Russian Federation". 2nd edition, edited by M.A. Vus - St. Petersburg: St. Petersburg University Press, 2009.

9. Illarionova T.S. Power and the press. On the history of legal regulation of relations. - M., 2013

10. Spector E.I. Commentary on the Law of the Russian Federation "On State Secrets" (by article). - M.: "Yusticinform", 2011

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