Московский журнал международного права (May 2024)

Comparative Legal Analysis of IT Legislation of Russia and Sweden

  • E. B. Kirillova

DOI
https://doi.org/10.24833/0869-0049-2024-1-107-122
Journal volume & issue
Vol. 0, no. 1
pp. 107 – 122

Abstract

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INTRODUCTION. This article provides a compre­hensive analysis of the regulatory frameworks govern­ing the information technology (IT) sector in both Russia and Sweden and encompasses a comparative assessment of key legal instruments, concepts, and regulatory approaches, including the responsibility for cybercrimes, licensing procedures, standardization practices, and the safety of critical informational in­frastructure. Additionally, this article examines the roles and functions of major governing authorities in both countries.MATERIALS AND METHODS. The article is based on relevant legal acts of Russia and Sweden. While there are certain specific laws focused entirely on the informational technologies, some provisions can be found in other types of legal documents (for example criminal codes or governmental regulations). Employ­ing a comparative approach, the study delineates the scope and authority of state institutions involved in the IT sphere.RESEARCH RESULTS. Both Russian and Sweden exhibit similarities when it comes to definition of es­sential concepts such as critical infrastructure, reflect shared concerns regarding for example security issues. Main laws in the area of information technology con­tain a spectrum of key terms, including but not limited to information and communication network / elec­tronic communication network, information system operator, and information protection / network and information system security. Although the list of key definitions may appear quite similar, the Swedish leg­islation tends to offer broader definitions with the in­tention of encompassing larger domains within IT technologies, while the Russian legislators focus on more specific terms. However, while Sweden aligns closely with European Union (EU) regulatory frame­work, Russia adopts a more expansive approach, ad­dressing emerging technological challenges such as AI. In conclusion, achieving effective IT regulation neces­sitates finding a balance between international con­sistency and national adaptability to ensure strong cybersecurity, foster innovation, and maintain regula­tory flexibility in a dynamic digital environment.DISCUSSION AND CONCLUSIONS. Sweden’s re­liance on implementing EU regulations has its benefits such as harmonisation, interoperability, adopting the internationally recognised practices, easier market ac­cess, etc. However, this approach may limit the coun­try's ability to meet its specific needs and may mean additional administrative burdens associated with compliance with EU directives. Moreover, changes in EU regulations could lead to a necessity to update do­mestic laws, potentially causing regulatory vacuum or legal collisions, especially in such sphere as the IT sec­tor. Nowadays, when for example the AI and its risks are on the daily agenda one can not look away and wait for the international community to agree on the applicable regulation.

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