Civil-law protection of subjective rights in the information sphere

Abstract

In this article, a study was made of the nature of relations in the sphere of information turnover. Some types of violations of the right to access to information and general features of legal protection of these rights have been clarified. A legal mechanism has been established for mediating the protection of the public and personal information space. Since special laws have been adopted that regulate the implementation of relations in the field of information, they only determine the nature of the unlawful acts, and do not establish sanctions for them, it indicates the lack of information and legal responsibility in the special legal acts as a legal category. Therefore, the perpetrators, as a rule, do not experience prosecution. In this regard, the doctrinal views of scientists on the possibility of the existence of civil liability without sanctions for violations in the form of the so-called obligation to give an account of their actions are examined. It is established that such moral responsibility is not related to protection and legal responsibility and has a regulative rather than a protective nature. The comparative analysis of efficiency and bases of application of measures of civil-law and administrative-legal reaction to offenses in the information sphere is carried out. The legal regulation of information relations in certain regulatory acts that regulate special relations, for example, on consumer protection, in advertising activities, has been studied. Numerous examples of the application of the general types of sanctions provided for in article 16 of the Civil Code for information infringements are presented as ways to protect personal non-property rights.