Prerequisites of the development of the legal bases of information security in 1991–1993 (according to materials of Bashkortostan Republic): historical overview

Timerbulatov Tagir Alifovich, Iusupov Rakhimian Galimianovich

At the initial stage of the formation of statehood of the Russian Federation, that is, in the period after the collapse of the Soviet Union until the adoption of the new Constitution of the Russian Federation, the concept of “information security” was not used in Russian regulatory legal acts. However, the problem of information protection, relevant from ancient times, was acute even then. The author made an attempt to investigate the question of how the prerequisites for the development of the legal foundations of information security in the Russian Federation were formed. The contribution of regional legislation (in particular, the legislation of the Republic of Bashkortostan) to the solution of the problem is studied. It has been established that during the study period there was no single interpretation of the concept of “information” in the laws. The term was used in two senses: common and narrow (as a term from the field of computer science). In the distribution of powers of federal and regional government departments, it was determined that the Federation takes charge of the regulation of issues related to computer information. This restriction did not apply to information in the common sense. In addition, the subjects of the Russian Federation were removed from lawmaking in relation to state secrets. The scope of the information security problem at that time was not yet formed. The adopted laws indicate that the legal system developed only in certain areas of this plan and related to the media, intellectual property, archival affairs, as well as state secrets. Regions had the opportunity to regulate the use of information in areas such as the media, archives, and non-computer intellectual property. The author studied the official documents of 1991-1993. and showed which of the opportunities and how were realized in the Republic of Bashkortostan.

Keywords:history of law, information, information protection, information security, powers of federal and regional government departments