When defining the concept of "information sphere", it should be borne in mind that at present there is no such well-established unified legal concept. If we consider the concept of "information sphere" (environment), which is understood in the legislation as "the sphere of activity of subjects related to the creation, transformation and consumption of information" (Federal Law "On Participation in International Information Exchange"), then it bears, in our opinion too general. In addition, in the Law, for example, there is no sign of information storage, called one of the main for the document; instead of the signs specified in the Constitution of the Russian Federation (Article 29, paragraph 4), others are proposed: instead of “production” - “creation and transformation”, instead of “search, receipt, transmission, distribution” - “consumption”, although these are not signs one order. Below is the definition given in relation to objects and their main features.

The information sphere is the medium of information circulation (production - distribution, consumption), in which subjects realize their needs and capabilities with respect to information.

The main objects of the information sphere are:

1. Information, including information resources - arrays of documents, databases and data banks, all types of archives, libraries, museum funds, etc., containing data, information and

knowledge recorded on appropriate media.

2. Information infrastructure, which includes a set of information systems:

a) organizational structures that ensure the functioning and development of the information sphere, in particular, the collection, processing, storage, distribution, search and transmission of information.

b) information and telecommunication structures - geographically distributed state and corporate computer networks, telecommunication networks and systems for special purposes and general use, networks and data transmission channels, means of switching and control of information flows;

c) information, computer and telecommunication technologies;

d) the media system.

The structure of public relations and the legal relations derived from them should be determined on the basis of the standard cycle of information circulation, which can be represented in the simplest formula: production - distribution - consumption - production, and the main competencies of subjects in the information sphere established, first of all, in the Constitution of the Russian Federation: freely seek, receive, transmit,

to produce, disseminate information, and also have the right to privacy, secrecy and protection from so-called "harmful information".

In this case, it is necessary to take into account three main cases of the transition of social relations into legal relations: 1) by the will of the subject, 2) in addition to the will and desire of the subject, 3) regulated by morality, customs, customs, ethical standards, where law is only

guarantees freedom of behavior. For the effective regulation of social relations by the rule of law, objective laws should be taken into account that apply both in general in the information sphere and in its individual areas, which can be distinguished on the basis of the general laws of the development of nature, society, and thinking in relation to the information sphere.

Objective laws of the development of the information sphere and information relations

The general laws for the information sphere include the objective law of organization and limitations of information in social systems: the higher the level of organization of the system (where information acts both as a means of organizing the system and a qualitative characteristic of the degree of organization), the higher should be the level of regulation and restrictions. In conditions of the multiply increasing volume of information consumed, the formation of the information society, in the absence of a civil society, the responsibility for the social regulation of these processes lies primarily with the state. This provision is reflected in the Doctrine of Information Security of the Russian Federation, where it was concluded: "improving the legal mechanisms for regulating public relations arising in the information sphere is a priority for state policy in the field of ensuring information security of the Russian Federation."

Another objective law of the development of the information sphere, which is also reflected in the transition period to the information society, is the law of information advancing: the solution to the problems of information interaction should be ahead of time in every other step in other areas of social activity, which makes it possible to coordinate reforms more fully and create favorable conditions for the functioning of the markets for goods, services, capital and labor, to ensure an equal right to acquire property wa, possession, use and disposal of it, pursue a coherent policy in various fields. A single information space should precede the creation of a single economic and legal space, as well as information support should be ahead of every next step in decision-making in different social fields. The opposite also follows from this - the non-solution of the problems of information interaction or the delay here will necessarily lead to a serious lag in other areas of social activity, which is happening today. Apparently, this also dictated the call of the G8 leaders in the Okinawa Charter of the Global Information Society (2000) to bridge the international gap in the field of information and knowledge, and also led to the conclusion that “a solid basis of IT policy and actions can change the methods our engagement to promote social and economic progress worldwide. "

The general laws of information interaction include the group of laws relating to the organization and activities of complex systems, which were discovered at the beginning of the 20th century. A. A. Bogdanov in his "Tectology" -. The essence of these laws (laws of additivity, (from lat. Addere - add) is that the total potential of the system

determined by the nature of the interaction of its subsystems. So, if the subsystems are indifferent (indifferent) to each other, then the total potential of the system is equivalent to the potential of one of the subsystems. If the subsystems are at war with each one, then the potential of the system is less than the potential

the weakest of the subsystems.

And if the interaction of all subsystems is focused, then the potential of the system is much greater than the sum of the potentials of all subsystems. This is the law of super-additivity, when the whole is greater than the sum of its parts.

In the field of information production there is an objective law of the incomplete use of information, including when making decisions in management, which is determined both by the paradox of redundancy of information and the inability (dishonesty) of subjects to make full use of it. The current legislation in this area distinguishes "production", "creation", "transformation" of information. Legal regulation is present here in the form of regulatory norms that contribute to the creation of organizational and economic prerequisites for the development and improvement of information production; in the form of guarantees of freedom of creativity, behavior, education, etc .; in the form of protection and protection of rights to intellectual property, as well as in the form of prohibitions on the production of "harmful" information.

In the field of information dissemination, an objective law of distortion of information operates as it moves, which is associated with the different ability and willingness of subjects to perceive it. The legislators are united here, highlighting only the "dissemination" of information. At the same time, relations associated with the transfer of information, which is enshrined in Art. 29 of the Constitution of the Russian Federation and also relates to the dissemination of information, have not been adequately reflected in the legislation. By the method of distribution can be distinguished direct and indirect distribution.

With direct distribution, the creator of the information product acts on the consumer directly (communication, transmission of ideas in the educational environment, (lectures, conferences, seminars, rallies, theatrical performances and other cultural events). Legal regulation here provides for prohibitions on the distribution of confidential and " harmful "information, including false information and defamation, and liability for this, as well as legal protection and copyright protection x and related rights.

Fig. 1. Information sphere as an object of law IBOD - information without restriction of access, IOD - information with restriction of access, IPO - intellectual property, VRI - harmful information, ODI - public information

With indirect distribution between the creator of information and the consumer, there is an intermediary - a means of fixing and transmitting information, the presence of which determines the mass character of such information relations. With the historical development of information dissemination tools and technologies, the mass exchange of information and the importance of information in society have grown, which predetermined a high degree of legal regulation in this area, including the protection and protection of the rights to integrity and confidentiality of distributed information, intellectual property, and information systems to protect against the spread of "harmful information".

In the field of information consumption, an objective law of compulsory alienation and socialization of information is in force, which is associated both with the reluctance of subjects to voluntarily give their information, and with the need to socialize information in the interests of exercising citizens' information rights, building an information society and maintaining and developing a single information space of the country. The current legislation in this area distinguishes a number of concepts: "consumption", "search", "collection", "receipt", "accumulation", "storage". The legal regulation should provide for the protection and protection of rights to access information, rights to privacy, secrecy and intellectual property, rights to protection from the effects of "harmful" information, rights to information systems and the interests of the state to preserve a single information space countries.

“Some authors propose to consider other components as part of the information sphere: the market of information technologies, communications, informatization and telecommunications, information products and services; a system for interacting the Russian information space with world open networks; an information protection (security) system; an information system In our opinion, we cannot agree with this approach, since the listed components are more likely to be qualitative characteristics. ikami, conditions, symptoms, the presence of which set of system objects constituting a single information field.

2 The implementation of this provision involves: an assessment of the status and effectiveness of existing

legislative and other regulatory legal acts in the information sphere and the development of their program

improvement; creation of organizational and legal mechanisms for providing information

security; determination of the legal status of all subjects of relations in the information sphere, including

users of information and telecommunication systems, and establishing their responsibility for

compliance with the legislation of the Russian Federation in this area; creation of a collection and analysis system

data on sources of threats to the information security of the Russian Federation, as well as on the consequences

their implementation; development of regulatory legal acts determining the organization of the investigation and

legal proceedings on the facts of illegal actions in the information sphere, and

also the procedure for eliminating the consequences of these illegal actions; formulation development

offenses subject to the specifics of criminal, civil, administrative, disciplinary

responsibility and the inclusion of relevant legal norms in criminal, civil,

administrative and labor codes in the legislation of the Russian Federation on state

service. 3 Bogdanov A.A. Tectology. (General organizational science). In 2 kn. M, 1989.S. 304, 351; Bodyakin V.

I. Where are you going, Man? Fundamentals of evolutionology (information approach). M., 1998.S. 332.

More on the topic 4.1. The concept and structure of the information sphere. Objective laws of its development:

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2. 1.1. Basic terminology. Concepts: information system, information technology, information management
3. Section 2. STATE REGULATION OF THE INFORMATION SPHERE
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- Copyright - Agrarian law - Advocacy - Administrative law - Administrative process - Joint stock law - Budget system - Mining law - Civil process - Civil law - Civil law of foreign countries - Contract law - European law - Housing law - Laws and codes - Suffrage - Information Law -

When defining the concept of "information sphere", it should be borne in mind that at present there is no such well-established unified legal concept. If we consider the concept of "information sphere" (environment), which is understood in the legislation as "the sphere of activity of subjects related to the creation, transformation and consumption of information" (Federal Law "On Participation in International Information Exchange"), then it bears, in our opinion too general. In addition, in the Law, for example, there is no sign of information storage, called one of the main for the document; instead of the signs specified in the Constitution of the Russian Federation (Article 29, paragraph 4), others are proposed: instead of “production” - “creation and transformation”, instead of “search, receipt, transmission, distribution” - “consumption”, although these are not signs one order. Below is the definition given in relation to objects and their main features.

The information sphere is the medium of information circulation (production - distribution, consumption), in which subjects realize their needs and capabilities with respect to information.

The main objects of the information sphere are:

1. Information, including information resources - arrays of documents, databases and data banks, all types of archives, libraries, museum funds, etc., containing data, information and

knowledge recorded on appropriate media.

2. Information infrastructure, which includes a set of information systems:

a) organizational structures that ensure the functioning and development of the information sphere, in particular, the collection, processing, storage, distribution, search and transmission of information.

b) information and telecommunication structures - geographically distributed state and corporate computer networks, telecommunication networks and systems for special purposes and general use, networks and data transmission channels, means of switching and control of information flows;

c) information, computer and telecommunication technologies;

d) the media system.

The structure of public relations and the legal relations derived from them should be determined on the basis of the standard cycle of information circulation, which can be represented in the simplest formula: production - distribution - consumption - production, and the main competencies of subjects in the information sphere established, first of all, in the Constitution of the Russian Federation: freely seek, receive, transmit,

to produce, disseminate information, and also have the right to privacy, secrecy and protection from so-called "harmful information".

In this case, it is necessary to take into account three main cases of the transition of social relations into legal relations: 1) by the will of the subject, 2) in addition to the will and desire of the subject, 3) regulated by morality, customs, customs, ethical standards, where law is only

guarantees freedom of behavior. For the effective regulation of social relations by the rule of law, objective laws should be taken into account that apply both in general in the information sphere and in its individual areas, which can be distinguished on the basis of the general laws of the development of nature, society, and thinking in relation to the information sphere.

Objective laws of the development of the information sphere and information relations
The general laws for the information sphere include the objective law organizations and limitations of information in social systems: the higher the level of organization of the system (where information is both a means of organizing the system and a qualitative characteristic of the degree of organization), the higher should be the level of regulation and restrictions. In conditions of a multiply increasing amount of information consumed, formationinformational   society, in the absence of civil society, the responsibility for the social regulation of these processes lies primarily with the state. This position is reflected in the Doctrine.informational   security of the Russian Federation, where it was concluded: "improving the legal mechanisms for regulating public relations arising ininformational   sphere is a priority area of \u200b\u200bstate policy in the field of ensuringinformational   security of the Russian Federation .-
Another objective law of the development of the information sphere,   which is reflected in the transition toinformational   society islaw of information   Advance: Problem Solvinginformational interaction should be ahead of time each next step in other areas of social activity, which makes it possible to coordinate reforms more fully, create favorable conditions for the functioning of markets for goods, services, capital and labor, ensure equal rights to acquire property, own, use and dispose them, pursue a coherent policy in various fields. Singleinformation space should precede the creation of a single economic and legal space, as well as information   security should be ahead of every next step in decision-making in various social fields. The opposite also follows from this - non-resolution of problems.informational   interactions or delay here will necessarily lead to a serious lag in other areas of social activity, which is happening today. Apparently, this also dictated the call of the G8 leaders in the Okinawa Charter of the Global Information Society (2000) to close the international gap in the field of information and knowledge, and also led to the conclusion that “a solid foundation of IT policy and actions can change the methods our engagement to promote social and economic progress worldwide. "
To the general laws of information   interactions should also include a grouplaws concerning the organization and operation of complex systems, which were discovered at the beginning of the XX century. A. A. Bogdanov in his "Tectology" -. Essence of theselaws (laws   additivity, (from lat. addere - add) is that the total potential of the system
determined by the nature of the interaction of its subsystems. So, if the subsystems are indifferent (indifferent) to each other, then the total potential of the system is equivalent to the potential of one of the subsystems. If the subsystems are at war with each one, then the potential of the system is less than the potential
the weakest of the subsystems. And if the interaction of all subsystems is focused, then the potential of the system is much greater than the sum of the potentials of all subsystems. itlaw   superadditivity, when the whole is greater than the sum of its parts.
In the field of information productionobjective law   incomplete use of information, including when making decisions in managerial activities, which is determined both by the paradox of redundancy of information and the inability (dishonesty) of subjects to its full use. In the currentlegislation   in this area distinguish "production", "creation", "transformation" of information. Legal regulation is present here in the form of regulatory norms that contribute to the creation of organizational and economic prerequisites.development   and improvinginformational   production; in the form of guarantees of freedom of creativity, behavior, education, etc .; in the form of protection and protection of rights to intellectual property, as well as in the form of prohibitions on the production of "harmful" information.
In the field of information disseminationobjective law   distortion of information as it moves, which is associated with different ability and willingness of subjects to its perception. The legislators are united here, highlighting only the "dissemination" of information. At the same time, relations associated with the transfer of information, which is enshrined in Art. 29 of the Constitution of the Russian Federation and also relates to the dissemination of information, have not been duly reflected inlegislation.   By the method of distribution can be distinguished direct and indirect distribution.