Issues of Codification of Information Legislation as a Factor in Ensuring the National Security of the Russian Federation

Abstract

The purpose of this scientific article is to consider the problems of systematization of information legislation in order to conceptualize the development of the Digital Code of the Russian Federation, as well as to substantiate the optimal model of a codified act as a factor in ensuring national security. The empirical basis of this study is based on regulatory legal acts that govern the field of information and digitalization, as well as theoretical and legal works prepared by leading legal scholars who study the problems of legal systematization. The methodological framework includes the dialectical method, which allowed us to consider codification in the context of technological development; the systemic method, which was used to analyze the structural connections between information law and other branches of law; the methods of analysis and synthesis, which were used to identify gaps in legislation and formulate the author’s position; the formal legal method, which was used to interpret legal definitions; and the comparative legal method, which was used to compare the Russian approach with the experience of other countries. The results of the study substantiate the codification of information legislation as a key factor in overcoming the imbalance between legal and technological development. It is established that the legitimization of the term “Information Code” has priority over the “Digital Code,” since the latter excludes quantum communications and traditional “analog” information institutions (archival affairs, circulation of sensitive information) from regulation. The article systematically analyzes the counterarguments of opponents of codification and proposes specific mechanisms for the legal protection of vulnerable categories of citizens in the digital environment (the institute of “digital consent” of legal representatives, immunities for persons with disabilities). The discussion of the results notes that systematization of information legislation allows for the identification of legal gaps, facilitates the development of measures to prevent cybercrime, and protect Russia’s digital sovereignty. In conclusion, the need for an integrated approach to codification based on a comprehensive analysis of systemic connections with other branches of national law is substantiated.