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Legal Support for the Development and Use of Municipal Information Systems

https://doi.org/10.19073/2658-7602-2024-21-1-51-62

EDN: EVKNSC

Abstract

The paper deals with the current issues of development and use of municipal information systems, and proposes their legal solutions. In particular, it is noted that federal legislation lacks a precise definition of a municipal information system. The analysis of regional and municipal lawmaking allows us to identify several attributes of municipal information systems: development or acquisition of the system by a decision of a local governing body; the powers of local governing bodies to implement the systems; full or partial financing from the local budget. In this regard, the Federal Law “On Information, Information Technologies and Information Protection” proposes to define a municipal information system as an information system created or acquired through a decision of a local governing body at the expense of the local budget and designed to solve the issues that are in jurisdiction of municipalities. The current municipal information systems can be divided into two groups: specialized information system complying with federal laws and general information systems designed to support the functioning of local governing bodies or municipal enterprises and institutions. At the same time, general municipal information systems of different municipal entities are rarely integrated. Therefore, when it is necessary, it becomes impossible or very difficult. This problem is mainly of organizational and technical nature. However, it is also a result of collisions and gaps in the regulatory framework of municipal information systems. To solve them, it seems necessary, firstly, to state in article 13 of the Federal Law “On Information, Information Technologies and Information Protection” the possibility to define the specifics of legal regulation of municipal information systems not only by legislative, but also bylaws on local selfgoverning; secondly, to indicate in the Federal Law “On General Organizational Principles of Local Self- Governing in the Russian Federation” the possibility of the subjects of the Russian Federation to be involved in lawmaking in municipal information systems.

About the Authors

S. E. Channov
Saratov State Law Academy; Stolypin Volga Region Institute of Administration, the branch of Russian Presidential Academy of National Economy and Public Administration
Russian Federation

Sergey E. Channov, Head of the Department of Information Law and Digital Technologies; Professor of the Department of Service and Labour Law, Doctor of Legal Sciences, Professor

104 bldg. 3 Chernyshevsky st., Saratov, 410056

164 Moskovskaya st., Saratov, 410012



R. V. Amelin
Saratov State University
Russian Federation

Roman V. Amelin, Associate Professor of the Department of Mathematical Theory of Elasticity and Biomechanics; Candidate of Legal Sciences

83 Astrakhanskaya st., Saratov, 410012

   


References

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4. Kolesnikov A. V. (Ed.). The Constitution of the Russian Federation as a Convergence Model of Domestic Legal System Elements. Volume 1. Constitutional Priorities of the Russian Federation: Origin and Modern Interpretation (Marking the 30th Anniversary of the Constitution of the Russian Federation). Moscow: DMK Press, 2023. 385 p. (In Russ.).

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7. Zyuzina T. E. Legislation on Local Self-Governing: Issues of Legal Regulation. Legality and Law Enforcement in Modern Society. 2013;16:76-79. (In Russ.).


Review

For citations:


Channov S.E., Amelin R.V. Legal Support for the Development and Use of Municipal Information Systems. Siberian Law Review. 2024;21(1):51-62. (In Russ.) https://doi.org/10.19073/2658-7602-2024-21-1-51-62. EDN: EVKNSC

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ISSN 2658-7602 (Print)
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