Problems of implementation of the state protective function in the field of human rights protection in the digital space
- Authors: KOLOSOVA T.E.1
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Affiliations:
- Vladimir Branch of the Russian Presidential Academy of National Economy and Public Administration
- Issue: Vol 6, No 2 (2022)
- Pages: 151-157
- Section: General Theory and History of Law and the State
- URL: https://journal-vniispk.ru/2587-9340/article/view/303756
- ID: 303756
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Abstract
Digitalization of all spheres of life of society and the state has actualized the problems that arise when the state implements its protective function in the field of human rights protection in conditions. The special significance of these issues is due to the consolidation in the Constitution of the Russian Federation of ensuring the security of the individual, society and the state in the application of information technologies, the circulation of digital data as an independent subject of the Russian Federation in the field of defense and security. The purpose of this study was to substantiate the hypothesis of the need for the state to take systemic measures aimed at ensuring the digital security of the individual, society and the state. The methodological basis of the study was the dialectical method of cognition of the considered socio-legal phenomena. In addition, when writing the article, the following methods were used: the logical method used in determining the sequence of presentation of the material and the formulation of conclusions, the method of system analysis, the method of modeling, the structural and functional method, as well as the method of referring to the conclusions of the theory of human rights. The paper analyzes the main directions of the implementation of the protective function of the state in this area, to which the author refers: ensuring the safety of personal data of citizens obtained as a result of information exchange, and the exclusion of their use for illegal purposes; compliance with labor and other social rights of citizens in the conditions of their involvement in new digital forms of economic activity, in particular, when interaction with digital platforms; gradual and reasonable introduction of digital document management while preserving its traditional forms; ensuring the digital sovereignty of the state and taking measures to prevent the use of the digital information space for discrimination against Russian citizens, disinformation and destructive activities. The author substantiates the need for specific measures that the state can and should take as part of the implementation of its protective function to neutralize and reduce risks in the field of ensuring and protecting human rights in the digital space. The results of the conducted research can be applied in standard-setting and law enforcement activities in the field of implementation of the state policy on ensuring digital security, as well as in further scientific research in this area of law.
About the authors
Tatiana E. KOLOSOVA
Vladimir Branch of the Russian Presidential Academy of National Economy and Public Administration
Author for correspondence.
Email: at1892@yandex.ru
ORCID iD: 0000-0001-7774-2991
SPIN-code: 8793-7341
Senior Lecturer of the Civil Law Disciplines Department
Russian Federation, 59a Gor’kogo St., Vladimir 600017, Russian FederationReferences
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