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Courier of Kutafin Moscow State Law University (MSAL)

The Legal Nature of Quantum Communications

D. A. Kuleshov

Published Jul 12, 2022• 0 citations
Publisher

Abstract

The article discusses legal issues related to quantum communications. Special attention is paid to the principles on which the work of quantum communications is based. The necessity of observing the uniformity of the conceptual apparatus in the system of Russian law is pointed out. The review and comparison of the main strategic planning acts of the European Union, the Russian Federation and other countries in the field of quantum technologies and quantum communications is given. The main foreign and international standards are analyzed. Considerable attention is paid to the attempt to give the concept of quantum communications as an information technology, which can be fixed in the adopted acts. The main legal problems associated with the introduction of quantum communications are identified. The conclusion is made about the negative consequences of excessive regulation of this area.

DOI
10.17803/2311-5998.2022.92.4.218-222

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The article discusses legal issues related to quantum communications. Special attention is paid to the principles on which the work of quantum communications is based. The necessity of observing the uniformity of the conceptual apparatus in the system of Russian law is pointed out. The review and comparison of the main strategic planning acts of the European Union, the Russian Federation and other countries in the field of quantum technologies and quantum communications is given. The main foreign and international standards are analyzed. Considerable attention is paid to the attempt to give the concept of quantum communications as an information technology, which can be fixed in the adopted acts. The main legal problems associated with the introduction of quantum communications are identified. The conclusion is made about the negative consequences of excessive regulation of this area.
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The article analyzes possible approaches to the legal regulation of quantum communications in the Russian Federation. The necessity of applying an integrated approach to the regulation of quantum communications is substantiated. Today, it is possible to implement the possibility of comprehensive regulation of the institute of quantum communications law and the harmonious development of communications legislation in terms of separating quantum communications as a separate communication (in the long term) or telecommunication (in the medium term), as well as the development of information security legislation in terms of providing greater autonomy to participants in the quantum communications market, including the development of the commercial manufacturing sector production of quantum communications and the provision of quantum communication services.
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This article examines the legal regulation of quantum communications in the financial sector, which is viewed as a priority area for ensuring information security and the resilience of the national economy. It is noted that the rapid development of quantum computing is fundamentally altering the balance in the field of cybersecurity: in the foreseeable future, traditional cryptographic mechanisms may lose their robustness, creating risks for the functioning of the national payment system, the stability of credit and financial institutions, and public trust in financial transactions. In these circumstances, quantum key distribution (QKD) and post-quantum algorithms become key instruments capable of ensuring a fundamentally new level of information protection and of shaping a sustainable architecture of digital security. The methodological basis of the study consists of comparative legal analysis and a comparison of foreign regulatory practices (the European Union, Singapore, China and Brazil) with Russian strategic instruments and pilot initiatives. International experience shows that the implementation of quantum communications is pursued through inclusion in strategic programmes, development of standards, creation of “regulatory sandboxes,” and support for pilot projects. Particular attention is given to the need to harmonise national approaches and to develop international agreements capable of eliminating regulatory fragmentation. A domestic model of legal regulation is taking shape in Russia: concepts and roadmaps through 2030 have been approved; preliminary national standards (PNST 829–832) have been adopted; the GOST R 57580.x series is being developed; quantum cryptography tools are being certified; and pilot projects are being implemented with the participation of major financial organisations. At the same time, the study identifies barriers hindering further development—fragmentation of the regulatory framework, complex procurement procedures, and insufficient institutional coordination among the state, business and the academic community. Priority areas are proposed, including institutionalisation of experimental legal regimes, establishment of permanent expert platforms, expansion of pilot-project practice, harmonisation of national rules with international initiatives, and development of a national quantum communications infrastructure. The article concludes that consolidation of legal, organisational and technical measures will strengthen technological sovereignty and ensure long-term protection of the financial system against quantum threats.