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Some aspects of genesis of the informatization legislation in the Republic of Uzbekistan?International commercial (private) law? Tashkent State University of Law

By Islambek Rustambekov (Candidate of legal sciences, PhD., Head of Department)

With the advent of high information technologies, informatization of society became inevitable processes around the world, informatization as the global phenomenon absorbed in itself all countries of the world and all people. All this led to the emergence of the new information public relations and emergence of information society. As well as any public relations, the information relations from the point of view of law have to be settled by the right.

Legal regulation of the relations in the sphere of information and informatization in all countries gained a different stage of development. Particularly, in the Republic of Uzbekistan legal regulation of these relations started with adopting new laws after declaration of independence of the country.
In the first years of independence there were adopted acts governing certain information relations of citizens which are the Law "On Protection of the State Secrets", "On communications", "On legal protection of programs for electronic computers and databases".

▲Mr. Islambek Rustambekov (Candidate of legal sciences, PhD., Head of Department, Tashkent State University of Law)

The fundamental law from above mentioned is the law "On Protection of the State Secrets", this law was adopted on 07. 05.1993. It was adopted for definition of legal bases of protection of the state secrets in all kinds of activity of state governing bodies, the enterprises, establishments, organizations and associations, irrespective of forms of ownership, military formations and citizens of the Republic of Uzbekistan within and beyond its territory. The law defines concept of the state secrets as ? information of special importance, absolutely confidential and confidential military information, the political, economic, scientific and technical and other data protected by the state and limited by special lists and established that the state secrets are property of the Republic of Uzbekistan.
The law "On Communications" was adopted on 07. 05.1993. This law defines the general legal and economic bases of communication system organization, establishes the rights and obligations of the enterprises, establishments, organizations irrespective of forms of ownership and citizens in the sphere of possession, use, the order and management means of communication at creation and operation of communication networks, rendering communication services, and also measures of responsibility for violation of the granted rights and non-performance of duties. Under the law, communication is a component of economic and social infrastructures of the Republic of Uzbekistan providing satisfaction of requirements of the population, economic entities, state bodies in transfer and reception post, telephone, cable, radio and other types of information and delivery of departures.
The law "On Legal Protection of Programs for Electronic Computers and Databases" was adopted on 06. 05.1994. This law governs the relations connected with creation, legal protection and use of computer programs and databases. The computer programs and databases are referred by the Law to objects of copyright.
Later in the middle and the end of the 90s of the XX century the following laws governing information relations were adopted. These are the Laws "On Guarantees and Freedom of Access to Information" adopted on 24. 04. 1997, "On mass media" adopted on 26. 12. 1997 (new edition on 15. 01.2007) and "On telecommunications" adopted on 20. 08.1999.
Among the specified laws, the basic in the sphere of the rights for information is the Law "On Guarantees and Freedom of Access to Information", this law governs the relations arising in the course of realization of constitutional right of everyone freely to seek, receive, explore, transfer and distribute information. On standards of this law the right of access to information is guaranteed to each citizen, and also the state protects the rights of everyone for search, receiving, research, transfer and distribution of information.
Further development of standard and legal base of the information relations in the country gained development after 2000. These are the following Acts: "On principles and guarantees freedom of information" adopted on 12.12. 2002, "On informatization" adopted on 11. 12. 2003, "On a digital signature" adopted on 11. 12. 2003, "On electronic document flow" adopted on 29. 04.2004, "On electronic commerce" adopted on 29. 04. 2004, "On electronic payments" adopted on 16. 12. 2005.
Basic laws among listed in the sphere of information and informatization are the Laws "On the Principles and Guarantees Freedom of Information" and "on Informatization".
The main objectives of the Law "On the Principles and Guarantees Freedom of Information" are ensuring compliance with the principles and guarantees freedom of information, realization of the right of everyone freely to seek, receive, explore, extend, use and store information, and also ensuring information security and information security of the personality, society and state.
This law defines concept of information, and interprets it as follows, information ? data on persons, subjects, facts, events, the phenomena and processes irrespective of sources and a form of their representation.
The purpose of the Law "On Informatization" is regulation of the relations in the field of informatization, uses of information resources and information systems.
It is specified in this law that informatization is an organizational, social, economic, scientific and technical process of creation of conditions for satisfaction of needs of legal entities and individuals for information with use of information resources, information technologies and information systems.
By consideration of the specified acts there is a question of concept of information security. Here the legislator gives the following definition, information security ? a condition of security of interests of the personality, society and state in the information sphere.
The examined acts in the sphere of information and informatization are aimed to the solution of a number of specific problems in the sphere of development of the information relations in the country. Thereby, these acts define activities of the state in the field of informatization, the purposes and methods of protection of information resources and the rights of subjects in the information sphere. Standards of these legal acts for the first time fixed the sufficient list of standardly issued definitions used in the field of relations in the information sphere.
The basic laws aimed to the creation of the organization of branch of information technologies as the special branch providing informatization processes on formation of system of information resources, considerably achieved these objectives. Taking into account and on the basis of this regulatory base for the last several years there was created the standard and legal system of regulation of the relations in the information sphere in the Republic of Uzbekistan.
Basic laws were a stimulator in implementation of the first concepts of legal informatization. In recent years it was established and successfully developed systems of legal information, the system of the electronic government which takes special place in close cooperation with the Republic of Korea (South). Also special attention is paid to the development of electronic commerce in the country.
All examined questions allow to state considerable impact of the adopted laws on formation of the culture in the field of information technologies, socially significant understanding of processes of informatization and the corresponding efforts on creation of information infrastructure of the country, to implementation of considerable steps in transition to the culture of digital representation of the most significant objects of information resources. It characterizes the degree of readiness of our country to enter a zone of the international standards in the field of formation, the bases of information society.

이경식 기자  edt@koreapost.com

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