ПРОБЛЕМИ НОРМАТИВНО-ПРАВОВОГО ФОРМУЛЮВАННЯ ДЕФІНІЦІЙ У ГАЛУЗІ ІНФОРМАЦІЙНИХ ТЕХНОЛОГІЙ (НА ПРИКЛАДІ «ІНФОРМАЦІЙНІ РЕСУРСИ»)

Abstract

The article is devoted to the issue of normative and legal consolidation of definitions that regulate social relations in the field of information services, information and communication systems, and information technologies. This problem arose as a result of the rapid development of information technologies, informatization and digitization of social processes. This led to the appearance of a significant number of new scientific and technical terms, the practice of which had no analogues, and the variety of interpretations created conditions for their ambiguous application, for example, when determining responsibility for violations of activities in the information sphere, during the transfer, use of information, etc. This issue is explained in detail using the definition of «information resources». On the basis of the analysis of this concept in various normative legal acts, scientific publications, a conclusion is made about the lack of a unanimous understanding of this phenomenon, and therefore the impossibility of fixing its unequivocal interpretation at the legislative level. As a way out of this situation, it is proposed to consider the definition of «information resources» in relation to a certain specific sphere of social activity. For the purpose of practical implementation of such a proposal, a list of factors that must be taken into account when formulating this definition in relation to a certain specific sphere of social activity is developed. Such factors include: information processes that determine the development of modern information technologies; technological and technical means of information processing and their use; processes of formation of information resources management system; status of information resources; information interaction with compatible fields of application; regulatory and legal analysis of activities in a certain field of information processing; analysis of scientific research on the definition of «information resources» and individual opinions of scholars regarding this phenomenon, etc. In order to correct the situation that has developed in modern Ukrainian legislation regarding the raised issue, it is proposed to make amendments to the fundamental legal act in the system of regulation of information relations in Ukraine - the Law of Ukraine «On Information». In Article 1 «Definition of terms» it should be noted: information resources are information, information technologies, knowledge bases, etc., the specification of which is determined by normative legal acts regulating information relations in a particular field. And in other legal acts that regulate information activities in a certain sphere of public activity (for example, the Law of Ukraine «On the National Police», the Law of Ukraine «On the Security Service of Ukraine», «On the State Border Service of Ukraine», etc.), provide for the interpretation of the concept «information resources» in accordance with the specifics of the activities of the mentioned services.