Regulation of cryptographic activities in Russia: Problems and prospects of development

The aim of the article is to formulate proposals for enhancing the effectiveness of the legal regulation of cryptographic activities in the Russian Federation. The research material consists of the norms of Russian legislation governing cryptographic activities, the emerging law enforcement practice in this field, and doctrinal studies. The research methods employed include the method of systems analysis, which was used to examine the current state and specific features of regulating cryptographic activities in the Russian Federation, and the method of legal modeling, which was used to develop models for improving cryptography legislation. The study identified the range of public relations regulated by legislation on cryptographic activities, which include: relations concerning the creation of cryptographic information protection tools, including the regulation of the certification process; relations concerning the use of such tools, as well as their circulation, including the export and import of equipment; relations concerning the provision of services related to cryptographic activities; relations concerning the control of cryptographic activities, as well as other administrative relations. It was established that this list of relations may develop further. An analysis of the experience in applying legislation in the field of cryptographic activities revealed a number of gaps in the legal regulation of this sphere. In this regard, models for improving the regulation of cryptographic activities were developed: 1) a model associated with introducing amendments to existing legislation; 2) a model implemented by adding a corresponding section to an Information Code; 3) a model associated with creating a separate federal law. A number of risks and implementation difficulties were identified regarding the first two models. An analysis of the emerging relations in the field of cryptographic activities, as well as the current legislation in this field, led to the conclusion that a special federal law dedicated to cryptographic activities is objectively necessary today. Its adoption could significantly contribute to the development and use of modern information protection technologies, including quantum communications. The article presents the structure of this proposed act, as well as the goals it should achieve. It is substantiated that in the development of a draft federal law on cryptographic activities, it is of paramount importance that this work contributes to the formation of an effective domestic competitive cryptographic system. The authors declare no conflicts of interests.

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