Radio frequency regulation and radio monitoring in the Russian Federation

Abstract

Introduction: This work examines the legal aspects of regulating the radio frequency spectrum in the Russian Federation. Dependence of modern society and the digital economy on communication stability, while the legal regulation of this sphere is characterized by both theoretical and law enforcement issues, highlights the relevance of the topic. The main problems addressed in the article include the legal personality of the State Commission on Radio Frequencies (SCRF), the ambiguous legal nature of radio frequency spectrum regulation mechanisms, and the relationship between radio control and state supervision. The resolution of these problems, according to the authors, will enhance the transparency and predictability of legal regulation in this field and contribute to its development.Methodology and Materials: The aim of the study is to analyze the aforementioned legal problems and propose measures for improving the regulatory framework. The research is based on the provisions of administrative law theory, normative legal acts regulating the use of the radio frequency spectrum, as well as the law enforcement practice of the SCRF and the courts. The study involved collecting materials of law enforcement practice and applying general scientific and special research methods: analysis and synthesis, systematic, logical, and formal-legal methods.Results and their discussion: The authors established that the allocation of frequency bands, formally intended for an indefinite circle of persons, is increasingly being addressed to specific operators in practice. The contradictory status of the SCRF was revealed: despite not being an executive authority, it exercises normative-regulatory and licensing functions traditionally inherent to executive bodies. Contradictions in the qualification of radio control in law enforcement practice were identified, creating uncertainty in the application of administrative liability measures. It has been established that radio control, concerning its objectives, methodologies, and legal implications, aligns with the characteristics of state oversight, thereby supporting the recommendation for the necessary modifications to the legislation.Conclusions: The authors proposed the measures for improving the regulatory frameworks, including clarifying the status of the SCRF, the procedure for allocating frequency bands, and the legal nature of radio control.