Current issues of bringing to administrative responsibility for the dissemination of disclosure of information, access to which is limited by federal law
Автор: Leoshkevich Elena Vasilievna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 4 (59), 2022 года.
Бесплатный доступ
The purpose of the work is to identify problematic issues of the legislative wording of the disposition of Article 13.14 of the Code of Administrative Offenses of the Russian Federation “Disclosure of information, access to which is limited by federal law” and propose ways to solve them. The study used such methods as system analysis, formal legal method and other methods of scientific knowledge. The legal norms of the Code of Administrative Offenses of the Russian Federation, the Federal Law "On Information, Information Technologies and the Protection of Information", the Federal Law "On Trade Secrets", as well as the positions of the Supreme Court of the Russian Federation and the courts of general jurisdiction of the Russian Federation are studied. The analysis allowed the author to draw conclusions about the lack of a unified approach to the use of terminology in terms of the use of the terms "dissemination of information", "disclosure". Different interpretations of the concepts under consideration complicate bringing to administrative responsibility for the disclosure of information with limited access, which indicates the insufficient effectiveness of the mechanisms for protecting various kinds of secrets. The significance of the work lies in the fact that the author made proposals for improving the mechanisms for protecting information with limited access. In particular, the necessity of amending the disposition of Article 13.14 of the Code of Administrative Offenses of the Russian Federation in order to improve the current legislation and increase the effectiveness of the protection of information, access to which is limited by federal law is justified, and the author's version of its wording is given.
Restricted information, disclosure, administrative responsibility
Короткий адрес: https://sciup.org/140296713
IDR: 140296713 | DOI: 10.52068/2304-9839_2022_59_4_41