The concept of the essence and types of legal information. The concept and structure of legal information

LECTURE 2

Topic: The concept of economic and legal information.

Questions:

The concept of economic information.
Features of economic information.
Classification of economic information.
The concept of legal information.
Legal information groups.

1. The concept of economic and legal information.

Economic Information- a set of information reflecting socio-economic processes and serving for their management of these processes and groups of people in the industrial and non-industrial sphere.

2. Features of economic information:

discreteness information characterizes the state of the object for a certain interval and is presented in digital form.
Urgency information has a certain deadline for submission.
mass character information is characterized by a large volume of variable and conditionally constant data.
Machinabilityinformation is capable of transformation and grouping according to certain criteria.
Diversitythe possibility of using the same data by different consumers.

3. Classification of economic information.

All information can be classified with respect to:

For the system in general: input, output, intermediate;
To management cycle: variable, conditionally constant, constant;
To subsystem : managerial, production;
To processing steps: initial, intermediate, result;
To control functions: accounting, planning, control, analytical, regulatory;
To production functions: specific EMM, accounting, technical and economic planning, financial and credit systems, social services (tax and insurance services), optimization of production planning, technical training production, information and analytical services.

4. The concept of legal information

legal information a set of legal acts and related reference normative materials covering all areas legal activity.

5. Groups of legal information:

Official legal informationcomes from government agencies and is aimed at regulating social relations:
- Regulatory PI documents of an official nature that meet the standard and are aimed at establishing, changing or repealing legal norms (the Constitution of the Russian Federation).

Non-normative PIofficial documents explaining the current norms (acts of interpretation of the Constitution of the Russian Federation).

Information individually legal nature come from various actors rights that do not have power (complaints, lawsuits).
Unofficial legal informationdoes not entail legal consequences(samples of business papers, contracts).

Until the beginning of the 70s. of the last century in jurisprudence, the concept of "legal information" was practically not used, as well as in general the term information was not used until recently in the field of public relations. With the development of information theory and its implementation in practice social activities gradually began to be filled with the terms "information", " information sphere», « information processes» and others, so the system legal knowledge new concepts related to information have been introduced.

At the same time, it should be noted that in the texts of laws and other normative legal acts there is still no definition of the concept of "legal information". This makes it possible to understand its content in different ways.

The well-known lawyer A. B. Vengerov considered legal information in a narrow plane - only official legal documents and their counterparts contained in reference and retrieval systems (100).

On the contrary, S. S. Moskvin understood legal information broadly, including in this concept all information and messages about legal sphere, including the results of the work of legal scholars and legal practitioners (99, 12). About the same opinion is shared by the authors of the Concept of the classification system of legal acts Russian Federation who understand the term "legal information" "an array of legal acts with the rules of law contained in them and closely related to these acts of law enforcement, regulatory, technical, scientific and reference materials, covering all areas of legal activity"(98).

Professor O. A. Gavrilov refers to legal information “any information about facts, events, objects, persons, phenomena occurring in the legal sphere, contained in various sources and used by the state and society for solving practical problems lawmaking, law enforcement and law enforcement, protection of the rights and freedoms of the individual" (99, 13-14).

It is difficult to disagree with each of the above opinions, since they all complement each other. Indeed, it can be assumed that both information of a normative legal nature in the sources of law, and information about the legal sphere used to make decisions of legal significance, and the results legal activity doctrinal nature have signs of legal information.

However, in order to understand the meaning of the named concept, it is still necessary to refer to its content, i.e. try to identify the essential features.

To do this, we need to turn to the understanding of information as a category, since legal information is its variety.

Any information is secondary, it cannot exist in isolation from the object or phenomenon reflected in it, it is their image reflected in consciousness human and expressed in a certain form on a material carrier.

In a word, information is always rigidly connected with its own source(an object of reality), consciousness human and form(material carrier).

How is legal information related to its object, consciousness and form?

To answer this question, it is necessary to turn to the “information concept of law” described in the legal literature, which explains the origin of law through the prism of theoretical concepts about the essence of information. The nature of legal information and the essence of law from an informational point of view have common content features.

Let us turn to the main provisions of the information essence of law, which will help formulate a model for understanding legal information.

One of the first who came to the conclusion that the law has information features was A. B. Vengerov (100). In fact, it was he who first put forward the hypothesis of information nature rights, and not only about the availability of separate information signs(101, 16 - 65).

At the same time, it is necessary to recall that during the heyday of cybernetics, many lawyers, keeping up with the times, participated in discussions about the problems of cybernetics and informatics in law (102), studied the problems of the relationship between management and law (103), the use of cybernetic methods in the study of problems of law 104).

At various times, legal scholars conducted fundamental research on the problems of the influence of information theory on the formation and implementation of legal norms, as well as the use of informational approaches in describing the nature of law (105).

For example, the informational approach is used in the analysis of legal phenomena by A.F. Cherdantsev, who, on the basis of the modeling method and information theory, considers the problems of the genesis of legal structures and the primary (elementary) model of the rule of law - “thought expressed in language” (106).

Special studies of the information concept of law were carried out by Yu. V. Kudryavtsev, who dwelled in detail on the nature of legal information and outlined its main provisions in his work (107).

Recall that the essence of information is determined by its nature, which manifests itself in the property of reflecting the received images about life, on the basis of which a person adapts to his environment. Note that the legal regulation or self-regulation of human behavior is also based on the same principle, which will be mentioned below.

The main element in which the main informational signs of law are manifested is legal rule- main carrier legal information (information contained in the rules of law).“The rules of law from the information side are intelligence about the proper, permitted (as well as stimulating, encouraged) or prohibited behavior of people, about the conditions under which such behavior can or should be carried out, and finally, about the adverse consequences of failure to comply with the requirements of the state” (108, 16).

It is also important to conclude that the rule of law is abstract model of ideal rules of conduct, they not only embody the idea (image) of correct behavior, but it is also expressed in a certain form (construction). According to the apt expression of A.F. Cherdantsev, the rules of law are “in a certain sense, images, models of the real behavior of people intended for their future implementation” (109, 27-39, 126-154). The volitional and figurative nature of the norms of law is also manifested in the fact that they are the result of reflecting information about society at the level of consciousness at the level of the legislator (110, 16-28).

Emphasizing abstractness and imagery legal information, we distinguish in it the typical, basic, concentrated, therefore, in terms of information, it is a generalized model of an infinite number of specific, similar relations, which is the main content of the law. “The system of legal norms, therefore, is information that has gone through a complex, multi-stage path from reflecting diversity social system, through processing and optimization (and the increment of accumulated knowledge to it) until it is implemented in legal norms in a completed form, i.e. in the form of a “program of action”” (111, 30-31).

Therefore, there are sufficient grounds to consider, using the informational approach, the essence of legal information, its place in legal system, as well as the influence of information theory on the development of law.

The essence of legal information is manifested in the ratio legal validity, reflecting her image in legal consciousness of the legislator, as well as the design of this image in the rule of law.

Let's consider separate structural elements of the information-legal exchange or the process of formation of legal information.

1. Historically determined legal validity. Reality as a legal category is closely related to the philosophical category being. In philosophy, reality is understood as a structurally complex phenomenon, consisting of several forms of being: the being of things, the being of a person, the being of the spiritual and the being of the social (112, 350).

The reality of a person is the state of realizing the interests of a particular person at a certain stage of his development, his connections with other people. Realization of interests is in constant development or relationship.

The determining factor, closely related to the nature of law, is the real world that surrounds a person in the course of realizing his interests. Here we have in mind not only the reality already “chosen” or “objectified” by law as a set of social relations, but also the event situation surrounding a person, taken in a broader sense, meaningful transformative human activity of subjects whose interests are in dire need of legal protection.

Most often, the existing reality is defined as a real set of social relations, which, in relation to law, are usually considered from the point of view of legal relations: either they are intended to be transformed into legal relations, or already regulated by law (113).

Deep studies of reality as the world around man and the subject of social sciences we find in pre-revolutionary jurists. The content of the actual relationship, i.e. events of the surrounding legal environment are determined by "the expression of the order established by nature for the manifestation of the mutual influence of persons and objects, or, in other words, the expression of the natural laws of material and spiritual nature" (114, 62 - 63).

Social need and need for acceptance general rules behavior was determined by the outstanding domestic lawyer and thinker I. A. Ilyin, highlighting the main property of life situations and social manifestations of the existing reality as they develop and are actively reflected in the norms of law: “The struggle for a secure and pleasant existence of a person sometimes reaches great acuteness; at times it may seem that social life would indeed be transformed, to use the apt word English philosopher Hobbes, into the "war of all against all", if there were no restraining and organizing public life rules of conduct» (115, 78.)

Thus, in the existing reality, law originates, it is it that is the root cause and the first condition for the birth of rules of conduct, and the conflict of interests of the subjects of public relations becomes a factor determining the need to adopt rules of conduct, the root cause of the formation of legal norms.

2. Legal regulations how image legal information. The normative legal array (positive law, objective or positive law) always consists of norms and their totality in the form various sources- laws, codes, decrees, decrees, constitutions, edicts, "answers of the wise" (116, 27 - 28).

First of all, we note such signs of the rules of law as a high degree abstractness and formal certainty. A high degree of abstractness or generalization of the rule of law is aimed at creating its scale, which contributes to the application of the form of the rule of conduct not for one case, but for a large number of them.

The formal certainty of the rule of law is associated with its textual design, which also combines it with information, the symbols of which also have a textual form.

In the literature on the theory of law, informational signs of the rule of law are directly indicated (117; 118; 119).

A.F. Cherdantsev speaks most definitely about the nature of the norms of law, highlighting not only them information content and model reflection form social life and linguistic expression“a certain kind of thought”, but also a deeper informational meaning of the rules of law, “which, being a reflection of reality, are themselves reflected in various forms public and individual consciousness. In this he sees the universal significance reflection results for law in general (120, 101-102).

The conclusions of A.F. Cherdantsev are of the most immediate importance for understanding the essence of legal information, since his understanding of the nature of information takes place in the aspects of reflection. He, in addition, highlights another informational property of the rules of law - their conceptual-volitional reflection in the mind a legislator endowed with the will of the state (120, 104).

A similar conclusion was made by N. Nenovski, describing the same formula of the communicative process of the nature of law as a model: “Cognitive meaningful law is defined as information, i.e. information, knowingly and purposefully selected and included in legal norms to serve their addressees for orientation strictly practical needs of regulation” (118, 53).

Thus, as a result of reflection in legislator's mind, as a result of his decision on the need to adopt a norm (manifestation of the state will), a abstract image of the rule of law, which is realized in a symbol (legal norm) with the help of complex intellectual efforts (legislative technique). The legislator receives information (signal) about reality, processes it (reflects it in the form of an image), which then transforms (with the help of legal technique) into controlled information (an abstract image in the form of a symbol - a legal norm).

3. legal awareness as a sign of legal information. Legal consciousness is closely connected with such an essential feature of the nature of law as the presence state will a ruling subject, without which, as is known, the rules of law are not accepted.

In the literature, we observe an approximate similarity in the authors' views on legal consciousness: it is a set of ideas, feelings, emotions, attitudes, assessments that express people's attitude to the current or desired law (121; 122).

Some authors, characterizing legal consciousness, note the specificity of its functions: modeling the rules of behavior (123, 478), perception of legal reality in mental and sensual images (124, 206), formation of legal images and ideas about real or imaginary legal situations (125, 267) , a reflection of legal reality in the form of legal knowledge and assessments, highlighting the informative function of legal awareness (126, 194).

Despite the importance of the distinguished structural elements of legal consciousness (ideological, ontological, psychological, axiological, etc.), the priority still remains intellectual its meaning (an active reflection of the existing reality), since it is most abstracted from the subjective characteristics of the subjects of law and ideological approaches. The categorical meaning of legal consciousness lies in the fact that it incorporates a wide variety of independent legal categories and means, one way or another connected with the mental activity of a person as a subject of law.

The diversity and unity of such means is in a single "information" Homo sapiens environment: perception, comprehension, evaluation, interpretation determined by them(127). There are other meanings of legal consciousness that are already related to jurisprudence, for example, legal qualifications (128, 113-119; 129, 4-55), legal argumentation and other forms of legal thinking (130, 97-131). All of them are united by an element that is necessarily included in all these forms - information. Therefore, the environment of the mental activity of the subject of law is called by us "information".

Of greatest importance in this context are the works of the outstanding Russian lawyer and philosopher I. A. Ilyin, who, in all his works devoted to law and the state, singled out their volitional principles in legal consciousness. In his understanding, the correct sense of justice as a category is given the spiritual meaning of everything that forms the basis of the organization of a reasonable society. I. A. Ilyin sees the source of his method of studying the essence of legal consciousness in the unity of the natural principle an objectively necessary image future rules of law and created image legal norms of objective (positive) law with the participation of the will of the ruling subject. He considers the naturalness of human nature as given to absolutely everyone in its infancy "a special way of life of the soul, objectively and truly experiencing law in its main idea and in its individual modifications (institutions)" (131, 166).

Therefore, to understand the nature of law, it is of particular importance that special spiritual environment, in which the main guiding principles (conditions) are formed for the legislator and the subjects authorized by him. Legal consciousness as a state, as spiritual conditions for the formation and development of law, includes both the legal consciousness of the legislator and the developers of draft legal norms.

The role and importance of the ruling subject in the formation and development of legal information are predominant. It is the state that determines legal policy and finally decides which norms of law to accept and which to reject. These are well-known facts. However, something else is of interest to us - what is the information value that this feature has.

The ruling subject (carrier of the state will), acting as a legislator in the structure of the nature of legal information, performs the function of a controlling subject or the main subject of reflection of legal reality in the rule of law. It is in his mind that the need for legal regulation and the final abstract image of the rule of law are reflected. Not only parliamentarians and professional workers legislative bodies of the ruling subject, but also lawyers-experts, scientists. With the help of special techniques and methods (legal technique), they transform legal information into a symbolic form, while maintaining a “model of people's real behavior” for the future realization of their interests and, at the same time, the interests of the ruling subject.

For the formation of legal norms (as an image, a model of a rule of conduct) importance It has law-making consciousness ruling subject (legislator), which consists of the individual consciousness of individual elected representatives of rule-making bodies (deputies) and professional lawyers legislatures, as well as experts in the field of jurisprudence. Law-making consciousness is, therefore, spiritual-volitional environment of reflection legal reality and legal existence.

Thus, the essence of legal information is manifested in its three meaningful features:

1) legal validity as a source and decisive factor in the formation of legal information;

2) law as an image and form of legal information, its main institutional element;

3) sense of justice legislator as one of the decisive factors in the formation of legal information.

Based nature of legal information, it can be defined as the image of legal reality, reflected in the mind of the ruling subject (the legal consciousness of the legislator) and expressed in the form of a rule of law.

Broad meaning. All information about the law, including legal activities and practice of lawyers. Narrow meaning. Officially adopted normative legal documents, only sources of law, i.e. all NPA.

Legal information is an image of legal reality, reflected in the mind of a ruling subject and expressed in the form of a rule of law.

The main theses about the essence:

The right is informational in nature.

Legal norm is the main carrier of legal information; abstract model of ideal rules of conduct.

The essence is manifested in the ratio of legal. reality, its reflection in the legal consciousness of the legislator, the design of the image in the rule of law.

Structural elements the process of formation of legal information:

Historically determined legal reality. In jurisprudence, legal reality - legal relations, the totality of legal relations: real life situations that are in dire need of legal regulation but they have not yet been settled. Legal validity is a source and a decisive factor in the formation of legal information.

Legal norms as an image and form of legal information. The rule of law is an abstract image of legal reality. The symbol of this image is the rule of law written in the text of the NLA.

Legal awareness of the legislator as a sign of legal information, a decisive factor in the formation of rights. information. Closely related to the presence of state. will , special spiritual environment, law-making consciousness of the legislator.

Properties of legal information:

Adequacy. The norms of law should reflect not only all existing life situations, but also project (simulate) possible situations. The adequacy of legal information is manifested in the high quality of laws and by-laws, free from defects.

Transparency. Legal information should be freely distributed in society and everyone should be able to use it to improve their conditions of existence and respect the rights of others. The addressee of the rules of conduct must be "informed" about their existence, i.e. subjects of law must have knowledge of legal information.

The systematic nature of legal information is manifested in the objective process of organizing its array, depending on the logical connection and nature of the rules of law. Arrays (set) of legal norms as elementary parts of legal information reflect the set of existing legal relations and form the criteria (signs) for the distribution of legal information by legal institutions, branches, sub-branches of the legal system.

Sustainability. Creation of a margin of safety for the norms of law from their “premature aging”, i.e. their loss legal force. When designing images (models) of legal information, it is necessary to take into account all possible admissible threats to legal information, to keep its parameters in a state of stability.

Legal information is a kind of information in general, its specific concept. Therefore, all the features characteristic of the concept of information are equally inherent in the concept of legal information. At the same time, legal information has specific features that make it possible to single it out as an independent concept. Until the 1970s, the term "legal information" was not used in legal literature. The authors preferred, considering information problems law, use subject terminology: "sources of law", " legal sources", "legal material", "legal acts", "legal documents", etc.

The emergence of cybernetic methods in the study of legal issues has led to the need to generalize specific legal terms in the informational aspect in single concept-- legal information.

The complex nature of the functions of law predetermines the diversity of legal information, which makes it difficult in practice to separate it from political, ideological, and economic information. That is why in the legal literature there is no single definition of the concept of legal information.

At the same time, the existing definitions of legal information do not fundamentally differ in terms of the content of this concept, they mainly highlight the aspect that seems to this or that author the most relevant in considering the relevant problem. Therefore, in some definitions of legal information there is no place for the essential elements of this concept, in others the emphasis is shifted on the importance of those features that distinguish legal information from other types of scientific information. The most correct approach to the study of the concept of legal information. First, legal information is the informational and semantic content of legal norms. These should include not only acts of higher and local authorities authorities and administrations, departmental regulations, but also judicial, arbitration, notarial practice.

If we accept such a definition of legal information, then it is possible to distinguish it from political, economic, ideological and other types of scientific information.

Legal information has features in semantic (semantic) and pragmatic aspects.

The content of legal information is not just a set of information about certain public relations and their analysis. Information becomes legal only when it passes through state machinery and finds its method of regulation, transforming into the form of a law, other normative act or law enforcement document. Reflecting the will of the legislator, legal information regulates certain aspects of the economic and socio-cultural activities of society.

The degree of implementation of the tasks set by the state on the basis of the implementation of legal requirements characterizes the effectiveness legal norms, and depending on its state, the legislator supplements or changes the content of legal information.

The universality of legal norms, their national importance predetermine the universal need for legal information, its value for the whole society.

An integrated approach to the study of the concept of legal information allows you to include information contained in it:

a) in legal acts of higher and local authorities and administration;
b) in departmental legal acts, judicial, arbitration and other law enforcement documents;
c) in various kinds of reference materials on legal documents;
d) in statistical information about law;
e) in scientific and legal research conducted on the basis of the analysis of legal acts;
e) in orders and orders officials institution, enterprises and organizations, acts of notarial bodies.

The elements that make up the concept of legal information serve in turn as the basis for its classification.

Sources of legal information are divided in the scientific literature into official and unofficial.

The official sources of legal information include acts supreme bodies state power and departments, regulations of ministries and departments, regulatory solutions local authorities, as well as acts of higher judicial and arbitration bodies. That is, legal information coming from the listed bodies has the status of official.

Unofficial sources of legal information should be considered orders and instructions of the heads of institutions, enterprises and organizations; court verdicts, decisions and rulings; arbitral awards and definitions, acts of notarial bodies; scientific legal research and legal doctrines.

Generally speaking, the official sources of legal information include the regulations of state bodies, as well as acts of the highest judicial and arbitration bodies. All other legal documents and scientific and legal studies of a very different nature, doctrines, teachings, recommendations, programs, regulations, etc. should be attributed to unofficial sources.

Legal information is divided into documentary and non-documentary.

Any material object is recognized as a legal document, in which the most diverse properties of knowledge about law are recorded, intended for transmission in time and space and used in public practice.

Non-documentary information refers to that which is either not materially expressed (for example, oral statements about law, about processes and phenomena related to it), or, although it is fixed on a material carrier, but has no public significance (for example, personal records of a legal nature without public application).

By form, documents in computer science are classified into: text (books, magazines, individual pages, etc.); graphic (drawings, diagrams, plans, etc.); audiovisual (sound recordings, films, etc.).

Traditional material expression legal instrument is a paper medium. At the same time, in the conditions of scientific and technological progress, when electronic computers and, in particular, automated systems management of all levels and automated information and legal systems, new forms of legal information carriers have appeared. Legal information in the management process of a computer is fixed, stored, moved on various magnetic media (disks, floppy disks, tapes, etc.). Appeared specific species paper media (punched cards, printouts, etc.).

Legal information can be fixed and stored on films for its subsequent reproduction on photocopies. A kind of carrier of legal information is the display screen, since it serves only as a means of displaying information stored in the computer's memory.

Provides factual information. It is information about facts. In other words, it is an informational reflection of a certain fact without interpretation or explanation.

Factographic information concerns a wide variety of subjects, objects, phenomena and is very diverse in form and content. It includes, for example, the names and names of specific institutions, organizations, enterprises, settlements, rivers, seas, lakes, stations, architectural structures, equipment brands; object numbers; their numerical characteristics.

Legal documents are also divided into primary and secondary. The sign of classification in this case is not the form of fixing information, but the source of its occurrence.

Primary legal information is recognized as contained in regulatory and law enforcement acts. Information does not lose its primary property if it is in physical form reproduced in the order of replication, copying, microfilming, etc. The primary information should also include the results of scientific activity (say, works, articles).

Secondary legal information is the result of apathetic-synthetic and logical processing of the information content of primary documents.

Analytical and synthetic processing of documents is aimed at their transformation in accordance with a particular task of information activity, for example, a bibliographic description of documents, their classification, systematization, annotation, abstracting, indexing, translation from language into another language.

All information circulating in the legal system can be conditionally divided into two large classes.

The first class is actually legal information. Legal information primarily includes legal acts, as well as all information related to law: materials for the preparation of draft laws and other regulatory legal acts, materials for their discussion and adoption, accounting and streamlining, interpretation and implementation of legal norms, materials for studying the practice of applying these norms . The legal information also includes materials on legal education and the development of scientific concepts for the development of law. The second class is a variety of information that is the object of legal relations. It can include, for example, information constituting professional, commercial, state and other types of secrets, information disseminated by the media, information to which access cannot be limited by law, etc.

Based on the foregoing, legal information can be defined as an array of regulatory legal acts and closely related reference, regulatory, technical and scientific materials covering all areas of legal activity. In addition, legal information, depending on who it comes from and what it is directed to, can be divided into three large groups: official legal information, information of an individual legal nature and unofficial legal information. Official legal information is information emanating from authorized state bodies that has legal significance and aimed at regulating social relations.

Official legal information, in turn, is divided into regulatory legal information and other official legal information. Regulatory legal information is the core of all legal information and is a set of regulatory legal acts. A legal act is a written official document adopted (published) in a certain form by a law-making body within its competence and aimed at establishing, changing and repealing legal norms. Other non-normative official legal information includes: acts of a general nature; acts official clarification; law enforcement acts. Acts of a general nature, not being normative, create a series of legal relations, many subjects participate in their execution, but these acts are limited to a single execution Acts of official clarification current regulations- these are acts of interpretation of the Constitution of the Russian Federation Constitutional Court Russian Federation, guiding clarifications of the Plenum Supreme Court RF, Plenum of the Supreme Arbitration Court RF and others. Law enforcement acts are individual legal acts adopted by legislative, executive power, judicial, prosecutorial authorities, state inspections, etc. Information of an individual legal nature that has legal significance is information that comes from various subjects of law that do not have power authority and is aimed at creating (changing, terminating) specific legal relations. Informal legal information is materials and information about the legislation and the practice of its implementation (application) that do not entail legal consequences and ensure the effective implementation of legal norms. legal information legal law

In the field of legal activity and legal informatization, the term "legal information" is widely used. Legal information includes, first of all, legal acts, as well as all information related to law: materials for the preparation of draft laws and other regulatory legal acts, their discussion and adoption, accounting and streamlining, interpretation and implementation of legal norms, studying the practice of their application. The legal information also includes materials on legal education and the development of scientific concepts for the development of law.

Based on the foregoing, legal information can be defined as an array of legal acts and closely related reference, regulatory, technical and scientific materials covering all areas of legal activity.

Legal information, depending on who is its "author", that is, from whom it comes, and what it is directed to, can be divided into three large groups: official legal information, information of an individual legal nature that has legal significance, and unofficial legal information.

Official legal information is information emanating from authorized state bodies, which has legal significance and is aimed at regulating public relations.

Information of an individual legal nature that has legal significance is information that comes from various subjects of law that do not have power powers and is aimed at creating (changing, terminating) specific legal relations.

Unofficial legal information is materials and information about the legislation and the practice of its implementation (application), which do not entail legal consequences and ensure the effective implementation of legal norms.

Let's consider these groups in more detail.

Educational Consortium

"Central Russian University"

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INFORMATION TECHNOLOGIES IN LAW

LECTURE COURSE

SECTION I.

The essence of legal information and information processes in the mechanism of law

Lecture 1. The concept of "information" and "legal information". Classification of legal information. Regulatory and non-regulatory information .

In the law "On Information, Informatization and Information Protection" (1995) to information include information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation.

In the field of legal activity and legal informatization, the term "legal information" is widely used.

Legal Information can be defined as an array of legal acts and closely related reference, regulatory, technical and scientific materials covering all areas of legal activity.

Information Technology based on hardware and software products.

Legal information can be divided into three large groups:

official legal information,

information of an individual legal nature

· informal legal information.

Official legal information is information coming from authorized state bodies, having legal significance and aimed at regulating public relations.

Unofficial legal information is materials and information about the legislation and practice of its implementation (application) that do not entail legal consequences and ensure the effective implementation of legal norms.

In turn, official legal information is subdivided into normative legal information (laws of the Russian Federation and subjects of the Russian Federation, regulations of the Russian Federation and constituent entities of the Russian Federation, international and domestic treaties) and other official legal information (acts of a general nature, acts of official clarification, law enforcement acts).

A normative legal act is a written official document adopted (issued) in a certain form by a law-making body within its competence and aimed at establishing, changing and repealing legal norms. Regulatory legal act can be either a permanent or a temporary act, designed for a clear set time, determined by a specific date or the occurrence of an event.

In turn, under the rule of law ( legal norm) it is customary to understand a generally binding state prescription of a permanent or temporary nature, designed for repeated use (Decree State Duma Federal Assembly of the Russian Federation dated 11.11.96 No. 781 - 11 GD).

Thus, the rule of law is designed not for any specific case or circumstances, but for one or another type of cases, circumstances determined by some common feature. The rule of law is distinguished from non-normative legal prescriptions by the following specific features: repeated application and non-personality.

Acts of a general nature, not being normative, create a series of legal relations, many subjects participate in their execution, but they are limited to a single execution (a decision to carry out preventive vaccinations, to build a plant, etc.). Such acts are adopted by authorized state bodies.

Acts of official clarification of existing norms are acts of interpretation of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation, guiding explanations of the Plenum of the Supreme Court of the Russian Federation, the Plenum of the Supreme Arbitration Court of the Russian Federation, etc.

Law enforcement acts are individual legal acts adopted by legislative, executive, judicial, prosecutorial bodies, state inspections etc. They do not apply to any person, body, organization (as normative act), but to a certain, specific subject of the legal relationship regulated by this act ( judgment, the decision on the appointment of a pension, the order of the director of the enterprise on dismissal, the Decree of the President of the Russian Federation on the appointment to the post of minister, etc.).