LEGAL CONSEQUENCES OF INFORMATION SYSTEM ERRORS WHEN ADOPTING ADMINISTRATIVE ACTS

Abstract

The purpose of the article is to determine the features of the legal status of errors in information systems used when adopting administrative acts, to clarify their impact on the legality of such acts and to substantiate the directions for improving the administrative and legal regulation of the legal consequences of the corresponding errors. Methods. The methodological basis of the study is general scientific and special legal methods of cognition. Using the formal legal method, the regulatory requirements for the use of information systems in the activities of public administration entities were analyzed. The system method was used to determine the relationship between the functioning of the information system, the establishment of the factual circumstances of the administrative case and the adoption of an administrative act. Methods of analysis and generalization were used to classify the main types of digital errors and determine their legal consequences. Results. The need to distinguish errors associated with unreliability or incompleteness of the source data, technical malfunctions of the information system and incorrect algorithmic processing of information was established. It is substantiated that the determining criterion for assessing the legal significance of an error should be its impact on establishing the factual circumstances of the administrative case, the content of the administrative act and the rights, freedoms or legitimate interests of the person. It is proposed to consider an error in the information system that led to the adoption of an administrative act with incorrect content as a legally significant circumstance when assessing its legality. Conclusions. An error in the information system used when adopting an administrative act cannot be considered solely as a technical defect if the result of its functioning affected the content of the public authority decision and the legal position of the person. For the proper regulation of the relevant legal relations, it is advisable to provide for the obligation of the subject of public administration to check the results of automated data processing, to ensure the possibility of correcting erroneous information and revising the administrative act adopted on their basis. An important direction for improving legislation is the normative definition of the procedure for recording digital errors, establishing the causes of their occurrence, and determining legal mechanisms for eliminating their consequences, which will help ensure the legality, validity of administrative acts, and proper protection of individual rights.