INFORMATION PROCESSES AND SYSTEMS IN THE LEGAL SPHERE
As a result of studying the chapter, the student must:
• concept and subject of legal informatization;
• the main provisions of the state policy in the field of legal informatization;
• concept and content of legal monitoring;
• the role and importance of information systems of the Ministry of Justice of the United States;
be able to
• Identify the problems of the formation and development of information processes in the legal field;
• analyze trends in the development of information processes in the legal field;
• apply knowledge about information systems of the Ministry of Justice of the United States;
• Methods of analyzing legal information within the automated information system "Legal Monitoring".
The concept of legal informatization
Recall that the second substantive group of legal informatics are issues of using and using modern information tools search, processing the use of legal information.
The use of electronic computers, high-tech computing and digital telecommunications (communications) in the processing of legal information is subject to information technology support of legal activities.>
At the same time, legal activity is understood as the professional activity of lawyers, related to the creation and implementation of legal norms (legal information). The concept of legal activity is different from the concept of "legal activity", which refers to the totality of all actions arising from the law as a system, as well as all the phenomena of the legal system in macro-reflection - positive law (a set of norms and normative acts), jurisprudence (legal science) and legal consciousness (legal assessment of the surrounding reality), including legal culture. In other words, legal activity in literature is understood as "activity carried out by lawyers only on a professional basis, since it is associated with special operations about legal phenomena, requires special skills and skills" (129).
Organized processes for creating optimal conditions for meeting the information and legal needs of state bodies, organizations of the real sector of the economy, public structures and citizens based on the organization of effective use of legal information resources with the help of computer technology (computer), telecommunications facilities and information technologies are called legal informatization.
Consider some of the features of the above definition of legal informatization.
1. Creation of optimal conditions to meet information needs consists of a set of actions aimed at the rational use of legal information in the context of the use of computer technology and information technology. The optimal conditions consist of a rational ratio minimum of the allowable material costs aimed at information support of legal human activity, and obtaining the most positive effect as a result of such security.
2. The processes creating conditions for meeting the information and legal needs of state bodies, organizations of the real sector of the economy, public structures and citizens are a complex and multilevel system of actions connected with the realization of information interests of the state, society and personality. Such interests are related to the search, production, processing, storage, transfer, protection and use of legal information, which allows you to navigate in life situations directly related to the use and use of rights and obligations , fixed in normative legal acts. An essential aspect of legal informatization is not simply the satisfaction of the interests of these subjects in obtaining and consuming legal information, but the satisfaction of such needs with the help of modern computer technology and other means of information infrastructure (communication facilities, information technologies, technological access systems to information, etc.).
Knowledge of the legal norms and the ability to use it effectively is given to the new legal quality of the citizens' life and the activities of organizations. The new legal quality of life creates a sense of its comfort. This applies not only to a specific person who is aware of his rights and obligations, about the boundaries of permitted behavior, but also of collectives of citizens, communities and corporations. In this regard, legal education of citizens and legal education of as many of them as possible in our country will improve the state of legal culture in general. This applies to entrepreneurs in their practical activities, and employees of state bodies in the implementation of public functions and powers.
Possession of legal quality makes the life of citizens and the activity of organizations filled with information legal resources that are made up of a set of normative legal acts and other information materials of a legal nature systematized in a certain order for ease of use. At the same time, state bodies, organizations of the real sector of the economy, public structures, citizens in their lives and activities become owners of not separate legal information, but information legal resources that allow them to better orient themselves in life and make right decisions. Thus, the main distinctive feature of legal informatization is the organized process of creating conditions and bases for satisfying the information needs of state bodies, organizations of the real sector of the economy, public structures and citizens in carrying out their activities, related to the exercise of rights and duties.
3. Of great importance in understanding the essence of legal informatization is its such sign as technical and technological basis to satisfy information legal needs. Such a basis consists of a set of activities aimed at the design and effective use of user-friendly information systems.
These systems are most effective when they provide automation of the process of satisfying information legal interests, which becomes possible as a result of the use of modern computing facilities, digital telephone channels (telecommunications), as well as highly effective information technologies. Design and use of AIS is the main content of modern legal informatization.
The process of satisfying legal needs in literature is called information support of legal activity (130). Activities in the immediate satisfaction of information needs of the individual, society and the state in the information sphere in literature are often denoted by the term "information support", hence the term "processes for satisfying information needs in legal activities" and the term information support of legal activity can be used as synonyms.
The satisfaction of information legal interests (needs) is a complicated and rather lengthy process. It includes not only planning and creating optimal organizational and technical prerequisites for meeting information interests (the first stage of informatization), but also creating conditions direct implementation of such needs , i.e. direct consumption of information legal resources (the second and the main stage of informatization).
Despite the fact that these actions are independent areas of professional legal activity, i.e. parts of a single process to meet information needs, yet such stages are difficult to separate from each other - one of them is the step of the other. Therefore, they need to be considered together, no matter how we call the second part of the satisfaction of information needs - information support of legal activity or direct satisfaction of information needs of legal activity.
For example, planning, designing and arranging the information infrastructure of judicial activity is the first stage of informatization of judicial activity. After this infrastructure is created and adopted for operation, the stage of direct satisfaction of the information needs of the judiciary in the course of its administration of justice is coming. In this case, the actions to maintain information systems and tools in the operational mode can continue. In addition, after a certain period of time, certain elements of the information infrastructure may become obsolete (morally or physically) and require them to be updated again, i. E. the stage of arrangement of information support of judicial activity can again be involved.
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