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Igor Buga, "Legislative gaps need to be eliminated"

24.05.2018

The creation of laws is not a static process, the legal framework changes along with a change in life. It often happens that it creates legislative gaps. Their liquidation is a direct task of the subjects of the right of legislative initiative, including people's deputies. During today's meeting, members of the profile committee were engaged in this.

We began with the improvement of legislation in the sphere of publishing, namely, increasing the responsibility for the distribution of printed products without the announcement of output in it (the founder, publisher, circulation, periodicity, etc.). This, according to parliamentarians, can facilitate the implementation of print media that undermine the constitutional order, the basis of morality, rights and freedoms of citizens.

Deputies of the profile committee supported the introduction of amendments and addendum to the law "On Personal Data". They are aimed at regulating relations concerning the processing by the executive authorities and state organizations involved in the provision of public services, as well as by the prosecution authorities in connection with their supervision of the personal data of citizens. Communication operators, other persons who have access to personal data, must not disclose to third parties and do not distribute them without the consent of the subject of personal data. It is planned at the legislative level to establish cases when personal data can be used without the consent of the subject, for example, when assigning and paying pensions. This is due to the fact that, as a rule, the processing of personal data by public authorities is carried out exclusively in the interests of the citizens themselves.

The deputies of the Committee Igor Buga, Andrei Safonov, Ruslan Gareev, Pavel Shinkaryuk laid the Russian experience in the basis of the drafted legislation. It is about protecting citizens from information that includes calls for rioting, carrying out extremist activities, participating in mass (public) events, which are conducted in violation of the legally established procedure, the dissemination of which takes place through information and telecommunications networks, including on the Internet.

Thus, the people's representatives want to put a legislative barrier against extremist organizations using the Internet as a kind of platform for propaganda of their ideas, including violent change of the constitutional order, violation of the integrity of Pridnestrovie, and recruitment of new adherents. The authors of the legislative initiative propose to implement in the legal environment of the republic the mechanism of pre-trial blocking of suspects in the dissemination of extremist materials of Internet sites. In the case of their detection, the mechanism is as follows: the prosecutor or his deputies apply to the State Communications Service, those to the provider in order to restrict access to resources that disseminate such information.

The changes proposed by the authors of the Civil Code are also aimed at excluding a legal gap in the sphere of protecting the citizen's image. It is one of the components of the right to privacy. The issue of legal protection of the image of an individual has become most relevant in connection with the development of information technology and, above all, the global Internet. Throughout the world, images of various people are placed in cyberspace without their consent. In addition, the citizen's image is also personal data, which must also be used in accordance with the same PMR law.

At the same time, cases are specified in the legislation, drafted by parliamentarians where the consent of a citizen to use image is not required. This use of the image in public, or other public interests and in cases when it is obtained during shooting, which takes place in places open to free access, or at public events

The CEC Chairman, Elena Gorodetskaya, who took part in the discussion of this issue, noted the urgency of the amendments prepared by the deputies in the Civil Code. In this regard, she recalled how during the election campaign of 2011, photographs of the children of employees of the Supreme Council apparatus without parental consent were used for propaganda purposes in one of the print media.

The possibility of recalling a member of the Public Chamber by the public authority that delegated him there is envisaged by the proposed amendments to the law "On the Public Chamber", which added to the legal base of the republic in February last year. They were supported by the members of the responsible committee.

Members of the profile parliamentary committee recommended colleagues in the deputy corps to appoint Alla Ivanchenko, editor-in-chief of the news agency "Novosti Pridnestrovie".