SPECIFICATION OF PARAMETERS FOR THE IMPLEMENTATION OF PRINCIPLE OF STATE SOVEREIGNTY IN CYBERSPACE IN THE CONTEXT OF THE PRINCIPLE OF MARGIN OF APPRECIATION

The article examines the controversial aspects of defining the parameters for the implementation of the territorial sovereignty of states in cyberspace in the context of the principle of margin of appreciation. The concepts of state sovereignty and of margin of appreciation have recurrently become the subject of scientific research, however, the intensification of interstate dialogue on the parameters of the applicability of international law to public relations in cyberspace predetermines the relevance of research into the parameters of the applicability of these concepts in this area. The study of the concepts of sovereignty and margin of appreciation is carried out taking into account their relationship. The paper assesses the role of the principle of margin of appreciation in modern international law, analyzes general issues of applicability of the concept of margin of appreciation to public relations in cyberspace. The article also examines the content of the concept of state sovereignty in the theory of modern international law, analyzes the approaches to the correlation of this concept with the concept of margin of appreciation, which are reflected in the theory of international law. A separate part of the work is devoted to the study of the limits of the principle of margin of appreciation in the field of public relations in cyberspace. The corresponding analysis is carried out taking into account the interbranch nature of this concept in international law. The conclusions presented in the paper are also based on an appeal to the analysis of the official positions of states formulated on the applicability of modern international law to cyberspace. The article concludes that the principle of margin of appreciation is applicable to public relations in cyberspace. At the same time, it is emphasized that the limits of such applicability are determined by such principles as the principle of good faith, the principle of reasonable availability and the principle of practicability.

cyberspace, international law, principles of international law, sovereignty, the principle of sovereignty, the principle of margin of appreciation, discretionary powers, the principle of good faith, the principle of reasonable availability, the principle of practicability

Lipkina N. N. Specification of parameters for the implementation of principle of state sovereignty in cyberspace in the context of the principle of margin of appreciation. Business. Education. Law, 2021, no. 4, pp. 232—235. (In Russ.) DOI: 10.25683/VOLBI.2021.57.429.