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Introduction

Urgency of a theme of research. Legal regulation of relations in sphere of organizational maintenance of efficiency of public control by means of use of the new is information '-communication technologies, obosnovanno it is considered one of most pressing questions in the conditions of necessity of modernisation of legal system of the country on the basis of expansion of civil participation in a state administrative office at federal, regional and municipal levels.

The right of citizens to the information, the right to direct participation in a state administrative office together with the right to individual and collective references and a presumption of that a power source in the Russian Federation is the people, form a conceptual basis of such legal phenomenon as public control. Use is information-communication technologies allows to involve each citizen in public control process. It is information-communication technologies,

Applied in public control sphere, erase spatial borders for subjects of public control. As much as possible full information openness in public control sphere can be provided only under condition of application of information-communication technologies.

Procedures of public control existing today require strengthening and addition. Plurality of forms of public control in a due measure can be supported introduction of information-communication technologies, that, according to a number of experts, will allow to change radically a situation to the best.

Public control practice frequently advances process of formation of its standard regulation. Meeting certain difficulties at realisation of procedures of public control, its subjects require optimisation of existing legal base, occurrence of new norms of legal regulation in the given sphere. Now there is no uniformity of understanding of the term "public control", in pravoprimenitelnoj to practice there is no complex interpretation of the right to the information and the rights to participation in a state administrative office. One of possible ways of the decision of these, and many other things legal problems in considered sphere to us sees in the prompt acceptance of the federal act «About public control bases in the Russian Federation» which, on the one hand, could co-ordinate public the control to the right to the information and systematise the existing legislation on public control, and with another, should, in our opinion, contain special positions (section or the head) about an order of maintenance of effective functioning of system of public control by means it is information -

Communication technologies which will allow to make such public control opened and general, having provided completeness of realisation of the constitutional guarantees in considered sphere.

Thus, necessity of study and the decision of problems of a choice and fastening for the legislation of effective model of information-legal maintenance of public control, have predetermined a choice of a theme of dissertational research.

The purpose of the given dissertational research is carrying out of the complex analysis is information the-legal nature of public control, and also working out of offers on perfection of the information legislation regarding regulation of the information-legal actions directed on maintenance of efficiency of public control and their theoretical substantiation.

For achievement of the selected purpose following problems are put:

- To track development of a category "control" in a science of the information right and in the information legislation;

- To reveal it is information-legal constituting concepts "public control", its maintenance, main principles of realisation, feature of information-legal maintenance;

- To investigate the right to access to the information as a key element of public control;

- To carry out the subject-objective analysis it is information-legal relations in public control sphere;

- To study features it is information-legal relations with reference to separate forms of public control;

- To analyse a role of information technologies at maintenance of protection of public interests;

- To investigate mechanisms it is information-legal regulation public control in a context of development of the new it is information - communication technologies;

- To generate and prove the offers directed on perfection of the information legislation regarding a regulation of information-legal bases of public control.

Object of dissertational research are the legal relations formed in is information to the-jural sphere at public control realisation.

Subject of dissertational research are the rules of law regulating the relations, formed in the course of information-legal maintenance of public control.

Degree of a scientific readiness of a theme. It is information - the legal aspect in public control research is concerning a new scientific problem, and the special scientific researches devoted directly to this problem in a science of the information right was not spent yet.

In turn, efficiency of public control in essential degree is defined by a condition of its scientific judgement. Basic researches of various aspects of public control were spent during Soviet time [1]. Last years few researches of public control as complete phenomenon [2] are published; the majority of scientific works are devoted studying of questions of public control in separate spheres [3].

Theoretical bases of research. It is impossible to understand essence of public control in a separation from the conceptual constructions formulated in works of domestic theorists of the state and the right, and also experts in the field of constitutional, international and administrative law: S.S.Alekseeva, A.I.Abdullina, J.G.Arzamasova, and. P.Alekhin, A.H.Abashidze, G.V.Atamanchuka, D.N.Bahraha, I.A.Belobzhetskogo, N.A.Bogdanovoj, T.A.Vasilevoj, N.A.Vlasenko, K.K.Gasanova, V.M.Gorsheneva, S.J.Danilov, V.V. Eremjana, And. V.Zinoveva, V.B.Isakova, JU. M.Kozlova, E.J.Kireevoj, M.I.Kleandrova, N. M.Konina, N. M.Korkunova, L. M.Kolodkina, M.A.Krasnov, V.A.Krjazhkova, V.D.Mazaeva, To. V.Makarova, M.N.Marchenko, T. G.Morshchakovoj, I.I.Ovchinnikova, T.A.Poljakovoj. V.Rossinskogo, J.N.Starilova, M.S.Studenikinoj, V.E.Safonova, And. N. Senjakina, B.A.Strashuna, L. G.Svechnikovoj, And. M.Tarasova, JU.A.Tikhomirov, V.I.Fadeeva, T.J.Habrievoj, V.E.Chirkina, I.B.Shahova, N.A.Shevelevoj, E. V.Shorinoj, N. G.Shuruhnova, B.S.Ebzeeva, JU. M.Yumashev, O.A.Jastrebova, etc.

Features of realisation of public control in various spheres of an administrative office of the state became the Ampere-second object of research. avtonomova, V.V. Andrianovoj, M.N.Bezuglovoj, A.A.Goncharov, With. M.Zubarev, V.T.Litvinenko, A.N.Popova, V.G.Rumjantsevoj, S.D.Hazanova, N.L.Hananashvili, etc.

Separate aspects of public control have been subjected research in works of domestic experts in the field of the information right: A.B.Agapov, I.L.Bachilo, I.J.Bogdanovskoj, E.A.Vojnikanis, V.A.Kopylov, V.N.Lopatin, A.A.Tedeeva, L.K.Tereshchenko, A.A.Fatjanova, M.A.Fedotova, And. G.Shablinskogo, etc.

The public control problematics has received reflexion and in works of some foreign researchers: T.Mendel, P.Druker, M.Meskon, E.Starostsjak, M.Rokar, A.Fajol, F.Hedouri, etc.

Methodological basis of research. Work on the dissertation was led with application general scientific (dialectic, the analysis, synthesis, an induction, deduction, comparative), chastnonauchnyh (historical, is formal-logic, system), private-law (rather - legal, legal forecasting, formally-legal) and other methods of research.

For studying of the information-legal nature of public control the author needed to carry out the system analysis of the information legislation and the legislation in public control sphere, to allocate features of public relations in this sphere and, with the account of these features, to offer measures on perfection of the information legislation and the legislation on public control with a view of the decision of problems arising today.

The empirical base of research is constituted by the standard legal acts regulating various aspects of control activity as public authorities and local governments, and institutes of a civil society, and also containing norms about public control, including interdepartmental and interdepartmental certificates.

With a view of reception of the empirical information interrogation by specially developed technique of 28 participants of the public associations which activity is directed on realisation of procedures of public control was spent. 11 reports of representatives of the countries-participants of the Organization of economic cooperation and development (OESR), devoted to development of public control and application of modern information-communication technologies are studied.

53 reports on carrying out of the public discussions devoted to socially significant questions and problems, and also 17 materials of public checks of no-purpose use of budgetary funds and other materials are analysed.

Scientific novelty of research consists that the author carries out for the first time the complex analysis is information-legal aspects of public control, prominent features of public relations in this sphere are allocated and ways of perfection of the information legislation of the Russian Federation regarding regulation of relations in public control sphere are offered.

The substantive provisions which are taken out on protection.

1. It is proved, that the information openness should be understood not only as an information openness, access to which is necessary at realisation of procedures of public control. The concept of an information openness of public control sphere should be added by the thesis that the open should be and information on public control realisation: about its subjects, the objects, the selected forms, the spent actions, the revealed infringements, and also about results of control. The similar mechanism of the organisation of an information exchange should become a guarantee of the control of the public behind public control realisation, and for persons who supervise - a guarantee of objectivity of the control and minimisation of infringements at its realisation.

2. Necessity creation of the Electronic resource centre of public control - a specialised portal in a network the Internet and simultaneously social network of all participants of public control is proved. Such Center could become one of the main means of maintenance of publicity of public control.

One of main objectives of functioning of such system is creation of conditions of an information openness and availability of the information on public control. Use in these purposes of modern information-communication technologies opens reception and information interchange possibility to as much as possible wide range of persons. Already now in it is information-legal relations by means of the similar it is information-communication systems, the increasing number of citizens is involved.

3. It is proved, that activity of subjects of public control should correspond to an independence principle. It is known, that besides the real non-governmental noncommercial organisations, exist also so-called GONGO (Government-Organized NonGovernmental Organization), nominally non-governmental noncommercial organisations which are carrying out the public work under the constant control of state structures initiating their creation. Participation of similar structures in public control realisation deforms its nature, introduces in this sphere motives of protection not public, and, for example, departmental interests. That is why it is offered to refuse the departmental approach to formation of social councils and public chambers thus to harden their independence and public character. Really independent structures of a civil society should take part in formation of institutes of public control only to avoid imitation of civil participation, to prevent misinformation and an information manipulation public opinion.

4. Compulsion of public control means, that the state and municipal bodies, and in some spheres and in some cases, the commercial and noncommercial organisations, should give the necessary information to subjects of the public control operating according to the law, and to render them assistance. Besides, results of actions for public control realisation should be without fail considered under control bodies, the organisations and officials which should send to the subject of public control acknowledgement of such consideration in reasonable terms and in due form. Only on the basis of similar information interaction the effective system of public control can be constructed.

5. The conclusion that information disclosing is the form of providing of access to it characterised by following discriminating signs is proved. First, information disclosing always occurs on the basis of requirements of the standard legal act. Secondly, access to the opened information is not limited by positions of the standard legal act, and only will of the owner of such information owing to any necessity. Thirdly, information disclosing is always made with a definite purpose - maintenance of public interests.

6. The expediency of fastening to subjects of public control of the right reveals to operate in protection of public interests. It is information-legal sense of activity of subjects of public control on gathering and processing of socially significant information predetermines their role as representatives of an uncertain circle of persons at upholding of public interests. In protection of public interests it is offered to understand activity of subjects of the public control as actions, aimed at a recognition, observance and protection of the rights and freedom of the person and the citizen, others protected by the Constitution of the Russian Federation of the blessings and values.

7. It is offered to define public interests as requirement of an uncertain circle of persons for reception of the information from the state bodies or other owners of such information with a view of realisation and protection of the Russian Federations of the blessings protected by the Constitution and values.

8. It is proved, that citizens as carriers of the right to access to the information are the basic subjects of public control. It is necessary by realisation of a principle of an information openness and introduction it is information-communication technologies to give the chance to participate in public control procedures to each citizen. Such participation should be possible in an individual order, including with use of means of electronic democracy and others is information-communication technologies, and through participation in actions, organizuemyh other subjects of public control, and also in an order established by the legislation of the Russian Federation about a grievance procedure, statements and offers of citizens.

9. It is offered to recognise as owners of the information representing public interest, the commercial and noncommercial organisations which activity is connected with use of means of the federal budget, budgets of subjects of the Russian Federation, budgets of municipal unions, and also the state and municipal property. Necessity to extend to activity of such organisations public control - regarding use of budgetary funds is proved by them.

10. Standard fastening stated above theoretical positions is offered to be carried out in the form of modification of the legislation and pravoprimenitelnuju practice.

In the designed Federal act «About public control bases in the Russian Federation» it is offered to fix following principles of public control: independence of associations of the citizens participating in formation of institutes of public control; independence of subjects of public control; a public control omnitude; generality of public control; publicity of public control; compulsion of public control; variety of forms of public control; a recognition of subjects of public control by representatives of the uncertain circle of persons, public interests operating in protection.

It is besides, essentially important to fix in the law concept «public interest». Optimum following definition of this concept is represented: «Public interest is requirement of an uncertain circle of persons for reception of the information from the state bodies or other owners of such information with a view of realisation and protection of the Russian Federations of the blessings protected by the Constitution and values».

In the law it is offered to fix also legal bases of creation and functioning of the Electronic resource centre of public control (the project of the corresponding chapter is presented in the appendix to the dissertation).

It is offered to add established in the Federal act «About the information, information technologies and about information protection» a circle of forms of providing of access to the information with the new form - information disclosing, having defined it as follows: «information Disclosing is a maintenance of its availability to all persons interested in it irrespective of the purposes of reception of the given information according to the law requirement».

The theoretical importance of results of dissertational research. Results of dissertational research can be used for studying continuation obshchepravovyh and, in particular, is information-legal aspects of public control, and also for development of the scientific doctrine of legal regulation of the information processes mediating the right of citizens of the Russian Federation reception of the information, and also the right to participation in an administrative office of the state in the conditions of generalisation of the new is information-communication technologies.

The practical importance of research. Results and the offers formulated in dissertational research, can be used in legislative and other normotvorcheskoj the activity aimed at perfection and, in particular, structurization of the information legislation and the legislation on public control.

Besides, research materials can be used in educational process at studying of various questions of public control, and also in the course of teaching of a course of the information right.

Approbation of results of research was spent in following forms: introduction in educational process (the basic theoretical positions and practical conclusions of the dissertation were used at lecturing and carrying out of seminar employment on discipline «the Information right» in MGTU of D.C. Bauman (2012-2014)); introduction in ekspertno-zakonoproektnuju activity (conceptual ideas of research were used by the author at participation in Standing committee work under the legislation on Council public control at the President of the Russian Federation on development of a civil society and human rights at federal act designing «About public control bases in Russian

Federations »in 2011-2013); participation in scientifically-practical

Conferences and seminars etc. (the Public hearings devoted to discussion of the draught federal law «About public control in the Russian Federation» (on October, 16th, 2012, Moscow, Public chamber of the Russian Federation); a round table «police Public control: successes, problems, possibilities» in Design-educational laboratory of an anticorruption policy POOL AP Center TI-R (on October, 22nd, 2012, Moscow, NIU-VSHE); a round table with delegation of Management of the Organization of economic cooperation and development (OESR), devoted to public control questions (on June, 4th, 2012, Moscow); « Practice of public control and prospect of perfection of its legislative base »(on April, 12th, 2013, St.-Petersburg); a seminar with participation of representatives of the countries - of participants of the Organization of economic cooperation and the development, devoted to questions of development of system of public control (on June, 25th, 2013, Moscow, Public chamber of the Russian Federation); special session of Council at the President of the Russian Federation on development of a civil society and human rights on a theme« Public control: what to it to be »(on November, 7th, 2013, Moscow), etc.).

The basic results of the carried out research are published in the form of scientific articles, including in the magazines included in the list of reviewed magazines and editions.

Dissertation structure. With the account of logic of the carried out research work consists of the introduction, three heads including six paragraphs, the conclusions, the list of the used standard legal acts and the literature, and also the appendix.

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A source: Okolyosnova Olga Alekseevna. information-LEGAL BASES of PUBLIC CONTROL In the RUSSIAN FEDERATION. The dissertation On competition of a scientific degree of the master of laws. Moscow - 2014. 2014

More on topic Introduction:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.
  17. Introduction