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Teoretiko-legal research of a parity of concepts «the person,« the physical person, "citizen", "person", "individual", "Everyone"

The choice of a problematics of legal maintenance of information safety of the person has demanded to give a close attention teoretikopravovomu to the analysis of a parity of concepts "person", "person", the "physical person", "everyone", "individual", "citizen".

The decision of the given research problem should allow to prove, why the person is designated as the subject of information relations, considering attention to problems of information safety. Thus for a basis it is represented expedient to accept the is natural-legal approach that it is possible to prove the following. First of all, the author's position is close to sights of the outstanding philosopher, jurist P.I.Novgorodtseva which name the head of Russian school «revived natural death». It is necessary to underline, that the Item And. Novgorodtsev considers the person always as the purpose, instead of means of social development which incorporates to other persons in «free universalizme» and by that gets full freedom and equality. According to P.I.Novgorodtseva, the right, as well as morals, should be studied not only as the historical and public phenomenon, but also as mental individual experience, as norm

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Or a principle of the person.

Today in the conditions of a global information society as never the bright and topical perceives the conclusion of the philosopher, lawyer I.A.Ilyin that the primary goal of the positive law is assumption the natural death maintenance, its expansion in the form of a set of rules of the external behaviour adapted for conditions and requirements of a modern life, and also reduction of these rules in the semantic form both verbal fixed and penetration into consciousness and into will of people as authoritative binding command »[27 [28].

The problem of teoretiko-legal research of a parity of concepts "person", "person", "physical person", the "individual" "everyone", "citizen" dares by several approaches. It is necessary to notice at once, that question statement - is not new, the question of development and self-expression of the person in legal science is investigated at different stages of an evolutionary way of the state and the right. N.A.Berdjaev, differentiating categories "person" and "individual" specified that the person of the person possesses freedom and independence in relation to the nature, to society, the state, but, thus it is not only egoistical self-affirmation, and contrast to it. Personalizm it is not accompanied, as well as individualism, egocentric isolation. The person of the person is its independence in relation to a material world which, according to Berdjaeva, is a material for «spirit work». And at the same time the person is a universum, it is filled with the universal maintenance »[29]. The question on position of the person, its rights and freedom, according to a position of scientists of Academy of sciences of the USSR, was in the centre of ideological struggle on international scene in the conditions of socialism and capitalism. At that time in the Soviet legal literature there was a whole series of the monographies devoted to a legal status of the person with reference to labour legal relations, relations in social security sphere, on what specifies I.JA.Kiselyov, the author of one of such works, monographies« the Person in the bourgeois law of master and servant »[30].

But also today discussion is not finished, inducing scientists to bring up again and again questions of formation of concepts« the person "," the person »etc. in the Russian right [31].

The person and the person - the basic studied by us as constants of legal sciences - concepts of one evoljutsionno-directed chain, thus nevertheless - are inadequate. The person - concept the general patrimonial, in turn the person in a global information society - "product", result of formation of certain social type of the person. In the conditions of a global information society the person is display of the person active, aspiring to the maximum realisation given informatsionnotelekommunikatsionnymi technologies of the advantages, possessing high degree of independence, autonomy, consciousness. In it is in interrelation biological and social - and the human nature is shown dualisticheskaja.

Of some the foreign states kontsept "person" is apprehended by normative acts at level of organic laws of the state. The organic law of Federal Republic Germany, namely - article 2 positions «Free-hand, a personal freedom» is that, for example. According to article 1) everyone has the right to development of the person as this development is not included into the contradiction with the rights of other people and does not encroach on a constitutional order or ethical standards; 2) each person has the right to a life and on a personal immunity. The personal freedom is the absolute. Infringement of these rights probably only legally [32].

The constitution of the Italian Republic in article of the second includes a recognition and a guarantee of inalienable laws of the person as the separate person, and the person as a part of public formations, and demands execution of the integral duties which follow from political, economic and public solidarity [33].

In legal system of the European Union the person takes the central place that proves to be true positions of the base document - Charters of the European Union about fundamental laws of 2007 according to which preamble of EU is based on indivisible and universal human values, such as advantage, freedom, equality and solidarity; At the heart of EU a principle of democratic character and a principle of domination of the right in the state. EU places the person in the centre of the functioning, founding citizenship of the European Union and basing space of freedom, safety and justice [34].

Projecting positions of the Declaration of the United Nations about the right to development 1986 [35] according to which article 2 the person is the basic subject of process

Developments also should be the active participant and the beneficiary of the right to development, and all people bear responsibility for development in the individual and collective plan taking into account necessity of full respect of human rights and fundamental freedoms, and also the duties before a society which only and can provide free and full development of the human person..., on a modern information society it is possible to come to conclusion that this such society which only and can provide free and full development of the human person in the conditions of the increased demand for knowledge and the information.

In turn, social progress and development, according to positions of the Declaration of social progress and development 1969 [36] also are based on respect of advantage and value of the human person, and norm - the principles concluded in a preamble of the European Convention on transboundary TV of 1989, expand accent on value of the person, its development and advantage. The purpose of the Council of Europe is achievement of the maximum consolidation of its members for protection and realisation of ideals and the principles representing their general heritage; advantage and equal value of the person are the major parts of these principles; the freedom of speech and freedom of distribution and the information reception, embodied in article 10 of the Convention about protection of human rights and fundamental freedoms, shows one of main principles of a life of a democratic society and one of the basic conditions of its progress and development of the person of each person [37].

In the conditions of an Internet environment the lichnostno-focused approach is especially actual, that is underlined by positions of some international legal certificates. So, one of principles of the Declaration on information interchange freedom in

The Internet - the anonymity principle - means, that for maintenance of protection against Internet supervision and expansion of free expression of the information and ideas members of EU should consider a choice of Internet users in a direction of disclosing of their person [38].

Fixed as the appendix 1 to the Agreement between the governments of member states of the Shanghai organisation of cooperation about cooperation in the field of maintenance of the international information safety the list of the basic concepts in the field of maintenance of the international information safety defines the maintenance of base concept - information safety; thus as the subject requiring security, the person is allocated. Proceeding from this document information safety is a condition of security of the person, a society and the state in protection of their interests concerning threats, and also various negative influences in information [39 environment. The Same agreement focuses attention to persons and at concept definition «threat of information safety»: these are the factors forming dangers to the person, a society, the state in a cut of their interests in the information environment.

The person in a global information society, first of all, is free in expression of the opinion, and a position of principle of the European Court under the human rights, expressed repeatedly in various variations (the European court explains, marks, repeats...), it is unequivocal: freedom of expression is one of fundamental bases of a democratic society and one of the basic conditions of its development and

Self-improvement of each person.

To a category "person" the European Court addresses at the characteristic of a private life (the private life is a capacious concept which includes set of elements and does not mean separate definition. The European court specified, that such elements as sexual identification, the name, sexual orientation and the information on a sexual life are the major part of private life which is reflected in article 8 of the Convention [40]. This article, including, defines the right to personal development, the right to an establishment and continuation of mutual relations with other people and as a whole with world around... [41]), at a legal estimation of a birth and circumstances of a birth as parts of private life of the child, and then and the adult (the European court has specified, that Convention article 8 protects the right to personal development, and the right to establish and develop mutual relation with other people and, as a whole, with an external world. Preservation of psychoemotional stability thus is the necessary factor of effective realisation of the right to inviolability of private life. Circumstances which concern personal development, contain elements of definition of the person of the person and the vital interest protected by the Convention, in reception of the data necessary for an establishment of the truth about the major aspects of the person, such as an establishment of the person of parents. [42]), at the analysis of validity of refusal in mass media registration (the European court specifies that the right to freedom of expression of personal opinion is one of base bases of a democratic society and one of base conditions of its development and realisation of the human person. Article 10 of the Convention [43] protects both the maintenance of the information and ideas, and ways of their distribution as any restriction of the specified ways inevitably limits the right to receive and extend the information »[44]), etc.

The analysis shows, that in the foreign states also the maintenance of concepts "person", "person", "person" is various. So, «the constitutional certificates of the USA and the Great Britain operate with the term"person". Constitutions of Italy, and Spain the rights and freedom similarly carry Germany to the person, the person, the citizen. In a number of certificates the person and the person are implicitly differentiated. In the General Declaration of human rights, Constitutions of Greece and Spain it is spoken about« the human person ». In turn, according to item 13 of the Constitution of Japan, all people should be respected as the person. Discrepancy of the person and its person [45] thereby is supposed. In the certificates of the foreign legislation regulating information legal relations, the use of various concepts that it is possible to illustrate on an example of names of some certificates also is found out: The instruction 95/46/ЕС the European parliament and Council of the European Union about protection of the rights of private persons with reference to processing of personal data and about free movement of such given 1995, the Federal act of the Mexican United States about protection of the personal given physical persons, 2010,

The law of Romania on protection of persons in at processing of personal data and free moving of such data, 2001

Represents scientific interest the research spent by author's scientific personnel of sector of the information right of Institute of the state and the right of the Russian Academy of Sciences in the monography 2003 [46] where it is proved, that «special value with reference to the rights and freedom of the person (in particular - the person in an information society) has application by the legislator of the term"person". Authors of the monography focus attention what articles of the Constitution of the Russian Federation about protection of advantage of the person (item 21), about inviolability of person (item 22), inviolability of a private life to the person as to the individual - to the member of society allocated with the nature in the image of spiritual development, by ability to arrange a private life under own discretion according to natural personal properties and propensities,« are turned, about personal and family secret (item 23), etc. in the same understanding is designated by the Term "person" the person and in certificates of the international legislation ». Summing up to the spent analysis, authors come to a substantiated conclusion that distinction in application of terms does not grow out of a terminological arbitrariness, and by concrete image is connected with essence of these rights and freedom in general and rights and freedom of the person in information sphere, in particular [47].

Characterising information sphere (infosferu), D.A. Hunters to subjects of information relations in infosfere carries so-called information figures (the person, social group, society a society, etc.), underlining thus, that according to existing qualifying representations the information figure is the subject of information relations having the outlook, politikopravovye sights and moral values, the founder, the manager and the user of information base ergasistemy, the subject of development and acceptance of administrative decisions, etc., having three types of the interconnected knowledge: intellectual knowledge (knowledge of spirit), emotional knowledge (knowledge of soul, mental knowledge) and dejatelnostnye knowledge (knowledge of a body, motor knowledge) [48].

It is necessary to notice, that mentioning in the works of the person in quality of "the information figure» D.A. Hunters, characterising it, most likely, the person as also means the participant of information relations.

So, the person in a global information society is the person free, realising belonging to it of the right and freedom and capable to protect them. This person possesses high degree of an autonomy in information relations, presence of own scale of values, the interests and the certain apportionment of liability.

Objectively achievement by an information society of a new stage of social development which predetermines possibilities for self-determination takes place and self-realisation of the person in the conditions of a global information society the dynamical concept of the person is filled with the new maintenance of its rights and freedom.

During research of the information legislation and works of scientists problems of semantic character in a complex of the concepts connected among themselves are revealed. Research allows to draw a conclusion, that in the international certificates and in the national legislation such concepts, as the "person" "everyone" (International pact item 19 about the civil and political rights) today are applied; "physical person", "citizen" (Federal act item 6 «About the information, information technologies and about information protection»); «« the person, the person, the citizen »(the Doctrine of information safety of the Russian Federation from December, 5th, 2016).

The analysis of legal acts by means of help legal system «the Adviser plus» [49] at inquiry on keywords was has revealed a following percentage parity of the use of investigated concepts. In the international legal acts the use of the term "person" constitutes - 42 %, «each person» - 11,62 %; «the individual - 0,57 %,« the physical person »- 29,31 %,« the person »- 16,53 %. In the Russian legislation:« the person »- 36,42 %,« each person »- 6,41 %;« the individual - 0,45 %, "physical person" - 37,14 %, "person" - 19,57 %.

At the same time similar research in section "legislation" of the same system, but on concrete subjects - «the information and information» has shown, that the term "person" is used in 26,47 % cases, «each person» - 6,89 %; «the individual - 0,54 %,"physical person"- 43,41 %,"person"- 22,69 %. The analysis of the received results leads to a conclusion about the outlined tendency in the Russian legislation to allocate the person in an information society as object of attention of the legislator.

As a result of the spent researches we will allocate discriminating features kontsepta persons in a global information society.

The person in an information society as kontsept, "individual" consolidating concept, "physical person", "person", is characterised by steady system characteristic for a global information society of social fig.

The person as the active subject of information relations not only participates in public relations, but also influences, influences them. Thus the important motivational role is occupied with interests of the person in a global information society as they form motives of this or that behaviour in an information field.

Let's notice, that in the conditions of a global information society in the course of socialisation possibility of isolation of the person from a society is minimised, communicative processes do "life" of the person more open, public. I.L.Bachilo underlines, that «social activity of the individual is closely connected with an information openness of the person before a society and the state» [50]. And such information openness deduces on new level the problems connected with legal maintenance of information safety of the person, development of steady legal guarantees.

The person in the conditions of a global information society possesses certain freedom, thus the state should provide comfortable conditions for development by the person of the socially-dejatelnostnogo

Potential. It is represented to V.Gumbolta proved the point of view that «the state should limit itself in that sphere which mentions a private life of citizens and defines a measure of their free and unobstructed activity [51].

As absolutely fairly marks T.A.poljakova, «public authorities have the right to carry out gathering and information storage only with a view of a possibility of realisation by citizens and legal bodies of the statutory rights and duties, and also with a view of realisation of statutory state functions [52].

The carried out analysis leads to following generalising conclusions.

The person represents itself as the unique subject of information relations, the most vulnerable in comparison with a society and the state, and consequently demanding special approach to legal maintenance of information safety. Vulnerability of the person is predetermined by many components of its nature among which are most subject to influence of modern calls and threats mentality, consciousness, feelings, opinions, moral and other installations. It is represented expedient to notice, that concept «information safety» has the extensive interpretation which is not covering all essence of the considered legal institution. Information safety of the person is offered for understanding - taking into account static and concept dynamic characteristics as a condition of security of the person, defined with its ability to resist to internal both external calls and threats and possibility of the information state and an information society to guarantee and provide information safety of the person.

The question on a place of legal maintenance of information safety of the person in the general system of maintenance of information safety predetermines expediency of the balanced approach considering public interests, public interests and personal interests on an equal footing. Absolutely fairly leading experts in the field of legal maintenance of information safety notice, that the important components of a global information society are the principle of trust and a safety principle in use informatsionnokommunikatsionnyh the technologies, starting with necessities to encourage, develop and actively to introduce stable global culture kiberbezopasnosti [53].

During research of the information legislation and the various points of view problems of semantic character in a complex of the concepts connected among themselves are revealed: the person, the individual, the physical person, the person. In certificates of the foreign states and in the national legislation of the Russian Federation various concepts are used: the "person" "everyone" («each person has the right to free expression of the opinion; this right includes freedom to search, receive and extend any information and ideas, irrespective of frontiers...» International pact item 19 about the civil and political rights), "physical person", "citizen" (the citizen (the physical person) can be the owner of the information. »Federal act item 6« About the information, information technologies and about information protection »).

Modern lines of the lichnostno-focused approach in sphere of information safety are reflected in positions of politiko-legal acts - Strategy of national safety of the Russian Federation approved by the Decree of the President of the Russian Federation from 31.12.2015 № 683, to Doctrine of information safety of the Russian Federation,

Approved by the Decree of the President of the Russian Federation from 05.12.2016 № 646, Strategy of scientifically-technological development of the Russian Federation,

Approved by the Decree of the President of the Russian Federation from 01.12.2016 № 642, Bases of a state policy of the Russian Federation in the field of the international information safety for the period till 2020, approved by the President of the Russian Federation 24.07.2013 № Пр-1753.

The concept «the person in an information society» differs from concepts "individual", "physical person", "person" steady system characteristic for the present stage of a global information society of social lines, including high degree of an autonomy, freedom in information relations, ample opportunities not only for participation, but also influence on information relations, conditions for realisation by the person of the interests in information sphere. Material, spiritual, property, informative, social, political and other interests of the person in information sphere define the maintenance of information relations in which the person participates, and form motives of the behaviour in an information field.

Thus interests of the person in information sphere the author are understood as displays of requirements realised by it in realisation of the information rights and freedom, in information safety.

Intensity of use of global networks, transgranichnost a global information field causes the numerous destructive phenomena, information risks and threats, finds out presence of correlation dependence between them and progressing problems of safety that promotes redistribution of accents from legal maintenance of information safety of the state in aspect of national safety in a direction of the balanced policy of legal maintenance of the person, a society and the state, taking into account declarative norms of item 2 of the Constitution of the Russian Federation according to which «the person, its rights and freedom are the higher value. A recognition, observance and protection of the rights and freedom of the person and the citizen a state duty» and item maintenances 6 Modelling information codes for the state-participants CIS that «maintenance of the information rights and freedom of the person in information sphere, information safety is the major function of the state».

It is no casual in the manual «Information right» of doctor of juridical science N.N.Kovalevoj to the characteristic of information safety of the person separate fifteenth chapter [54] is devoted, thus the author places separate emphasis on information-psychological and information-ideological safety.

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A source: Tchebotaryova Anna Aleksandrovna. LEGAL MAINTENANCE of INFORMATION SAFETY of the PERSON In the GLOBAL INFORMATION SOCIETY. The dissertation On competition of a scientific degree of the doctor of juridical science. Moscow - 2017. 2017

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