Бикбулатова Ю.С_Summery (1138926), страница 3
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1632-r. It mayprove especially helpful at the final stage which would focus on the developmentof a comprehensive regulation of the digital economy and the law conceptssystematization.Moreover, this research might be useful for educational purposes as it offersvarious regulatory issues concerning the information technology and dataprocessing (i.e. ‘Information Law’ academic course).Testing and implementation of the thesis results were done several ways.The research was given consideration and approval at the Research GuidanceCenter of the ‘UNESCO Chair on Copyright and Other Intellectual PropertyRights’ of the ‘Higher School of Economics’ National Research University.The research conclusions were included in a number of scientific articles andwere discussed at the Russian and international scientific conferences, lectures and14 seminars, among which are: ‘The Internet Law’ course at the Kutafina MoscowState Law University (March-June, 2018); ‘Digital Economy Laws: Blockchainand Smart Contracts’ advanced professional training course at the Kutafin MoscowState Law University (June 26-27, 2018); ‘Law and Information: Issues of Theoryand Practice’ VIII International Scientific Conference during the Legal Forum(April 20, 2018, St.
Petersburg); ‘The Digital Technology of Industrial Russia’Conference (CIPR Conference) (May 24-26, 2017, Innopolis, Russia); ‘Law in theDigital Age’ II International Scientific Conference (May 20-21, 2013, Moscow);‘Information Technology: Law and Safety’ 7th International IT LawyersAssociation Conference (October 1-6, 2012, Athens, Greece).Besides that, the key findings of the study were applied and tested by theauthor during her research work at the Institute of Legal Regulation (2011-2018,Moscow, HSE)9.The author also participated in the following working groups: ‘CompetenceCenter of the Digital Economy Regulation’ (Skolkovo.Legal, 2017, Moscow,Russia); ‘Digital Economy State Regulation’ (Ministry of Economic Developmentof the Russian Federation, 2017); ‘Cloud Computing Regulation in Russia’ (TheRussian Association for Electronic Communications (RAEC), 2012-2013). 9 Note: the author took part in the following research projects, inter alia: ‘Finding Solutions to the Fake InformationDissemination through the Media and Internet’ (Administrative Directorate of the President of the RussianFederation, 2018); ‘Preparation of Proposals on the Interstate Digital Ecosystems of the Eurasian Economic Union’(State Duma of the Russian Federation, 2017); ‘Interstate Intersectoral Digitized Infosphere Experience Review’(including study of the European Union Digital Single Market) (Administrative Directorate of the President of theRussian Federation, 2017); ‘The Impact of Economy’s Digitalization on the Economic Growth" (Microsoft RusLTD, 2017); ‘Study of the Big Data Processing Regulatory Possibilities to Benefit Various Sectors of the RussianEconomy and National Security’ (Administrative Directorate of the President of the Russian Federation, 2016);‘Preparation of Proposals to Improve the Personal Data Protection’ (Administrative Directorate of the President ofthe Russian Federation, 2015); ‘Cross-Border Personal Data Transfer Regulatory Issues’ (Microsoft Rus LTD,2014); ‘Evaluation of Opportunities to Improve the Intellectual Property Regulation in the Russian Federation"(Ministry of Economic Development of the Russian Federation, 2013); ‘Work on the Draft Concept of theIntellectual Property Management in the Public Sector’ (Education and Science Ministry of the Russian Federation,2012-2013); ‘European Approach to the Cloud Computing Regulation and Its Possible Implementation in Russia;Work on the Draft Concept of the Cloud Computing Regulation in Russia’ (Microsoft Rus LTD, 2012-2013);"Analysis of Regulation on the International Access to Open Data and Work on Draft Principles and Approaches toProviding Open Data Access’ (Ministry of Economic Development of the Russian Federation, 2012); ‘Analysis ofthe Cloud Computing Regulation Principles and Trends (including SaaS, PaaS, IaaS) in the United States, Japan andEuropean Union: Personal Data Protection, Privacy, Intellectual Property Rights, User Identification andInteroperability Issues’ (Microsoft Rus LTD, 2011-2012).15 The Structure of the ResearchAccording to the inner logic of the thesis, it contains an introduction, threechapters divided into six paragraphs, conclusions and a list of legal acts andliterature.II.
BRIEF SUMMARY OF THE THESISThe introduction presents the relevance of the research topic, its goals andobjectives, the object and the subject of the study, the degree of scientificelaboration, methodological, theoretical and empirical base, the scientific novelty,the key provisions to be defended, its theoretical and practical significance,explanation of the thesis structure, and report on the approbation of the researchproposals.The First Chapter ‘The content of Informational and Legal RelationsFormed with the Use of the Cloud Technology in the Russian Federation’ consistsof two paragraphs expounding on the legal nature, set of facts and key features ofthe cloud technology regulation.The first paragraph of the First Chapter ‘Cloud Technology as an Object ofInformation and Legal Relations’ looks into the ‘cloud technology’ conceptdefinition and the legal nature of the relations around the cloud computing.The evolvement of this term in the Russian law has been analyzed.
As thestudy discovered, before the adoption of the Russian Government Decree No.1632r from July 28, 2017 ‘On the Approval of the ‘Digital Economy of the RussianFederation’ Program’, this term mostly signified the digitization of particulardepartments of the federal, regional and municipal governments. Overall, theterm’s introduction to the Russian law was spontaneous and sporadic, driven by theurgent need to define an emerging information system. This explains the existinglegal disparity and the lack of a unified approach to the definition of thetechnology in question.The formulation of a legally correct definition and classification of the cloudphenomenon required a thorough study of its technical and organizational features16 that determine the legally significant characteristics of the emerging relationshipsand have the potential to cause specific regulatory problems.The terminology describing the cloud computing has been systematized byperforming classification by the technology type, the manner of access to it and theresulting informational objects.
This required an in-depth study of the cloudinformation systems’ types and components followed by their step-by-stepcorrelation with the Russian law concepts regulating corresponding jural relations(laws on information, communication, personal data, intellectual property, etc.).The conclusion presents the complexity of the object of legal relations formedby the cloud computing. The choice of the cloud computing type depends on itsability to meet the parties’ requirements. As separate entities, the technologyelements absolutely lose the exclusive information system characteristics whichthey retain as a consecutive combination.The second paragraph of the First Chapter ‘Parties to the Information andJural Relations Formed with the Cloud Computing in the Russian Federation’defines parties who carry information rights and corresponding responsibilities, aswell as responsibilities within the cloud computing relations.It was concluded that no law regulates the cloud computing directly.
Thus, todetermine the legal status of the entity providing the cloud service, a correlationwas done with the existing entities having legal status (an information systemoperator, a website owner, a communication operator, a web-hosting provider,etc.).The cloud technology provider was juxtaposed with each of the aboveentities. Then we analyzed the feasibility and sufficiency of each term in view ofthe cloud technology. The study revealed the distinctive features of the cloudprovider's operation.Specifically, a cloud software providing entity cannot have a status of aninformation system operator since it would insufficiently determine its legal statusand improperly identify it as a legal entity creating great uncertainty.
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