RUS  ENG
Full version
JOURNALS // Informatics and Automation // Archive

Tr. SPIIRAN, 2009 Issue 10, Pages 33–46 (Mi trspy32)

Model law “On Electronic State Services”

R. M. Yusupova, V. P. Zabolotskia, E. G. Tsivirkob, A. A. Demidovc

a St. Petersburg Institute for Informatics and Automation of RAS
b St. Petersburg Committee on Informatization and Communications
c St. Petersburg Governor Administration Committee for Interacting with Executive Bodies of State Authorities and Local Municipal Authorities

Abstract: The draft model law “On Electronic State Services” (hereinafter — the Law) contains 15 articles that are integrated into four chapters.
In the first chapter (General Postulates) containing four articles, the purpose and scope of the Law are determined, the basic terms and definitions to carry out the correct interpretation of the articles of the Law are presented, the basic principles of electronic State services (e-Service) rendering are defined, the participants of e-Service are represented too.
In the second chapter (The Rights and Obligations of e-Service entities) there are three article defining the rights and responsibilities of the Executive (supplier) and customer (recipient) and a mediator (receipt) of e-Service.
In the third chapter access and rendering of e-Service are defined. It consists of seven articles, which define rationale for e-Service the functions of the execution of applications, the powers of public authorities to organize and provide e-Service, rights and obligations of officials exercising state supervision over the organization and delivery of e-Service and also the order of the officer of State conducting super-vision, a place and the moment to provide e-Service.
The fourth chapter (Final Postulates) contains one article, which determines the order and maturity dates of the Law.
Developed Bill covers a wide range of subjects, including public authorities, local governments, legal persons and their representative offices, branches and other subdivisions, individuals, including persons without citizenship.
The purpose of the Law is the legal conditions to ensure the delivery and receipt of e-Service, to form the legal basis protection of rights and law-governmental interests of the parties as well as providing and receiving e-Service and also the legal consolidation of the rules of e-Service.
By the Law, the basic principles of providing e-Service include accessibility; availability, reliability of e-Service for all its members within the limits prescribed by Law, as well as completeness and timeliness of the information necessary for rendering, restricting of information access to necessary for rendering in accordance with national legislation, support of adequate and sufficient level of information security in rendering; minimizing costs of e-Service participants with the necessary level of quality of these services.
The main participants of e-Service are customer (receiver), executive (supplier) and mediator in rendering. In developing the draft model Law, the gained international and national experiences of legal regulation in the field of e-Service is used. By that took into account the achievements in the legal sphere of foreign countries, which are promising and at the same time do not contradict the fundamentals of the national legal system of states — participants of CIS.

Keywords: law, service, state service, electronic state service, customer, contractor, mediator.

UDC: 34.096



© Steklov Math. Inst. of RAS, 2024