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Kutafin Law Review

Development of Legal and Normative-Technical Regulation of Quantum Communications

Aleksey Minbaleev, К. С. Евсиков, S. V. Solovkin

Published Jan 6, 2026• 3 citations
Publisher

Abstract

In 2023, the Russian Federation adopted the Concept for the Regulation of the Quantum Communications Industry until 2030. The authors of this article participated in its development. The document emphasizes the necessity of improving both legal and normative-technical regulatory frameworks for activities in this field. The development of an effective legal regulatory system for the quantum communications industry should be preceded by the establishment of a coherent system of technical regulation specific to the quantum sector. From a legal standpoint, key directions for the potential development of the quantum communications industry have been identified. To a large extent, further progress in this area will depend on the determination of a number of technological development trajectories within the sector. The study shows that the system of domestic standards in quantum communications is contradictory and mutually exclusive. Although several standards have been adopted in recent years, their coverage demonstrates the lack of a coordinated standardization plan to meet the priority needs of the industry. The standards for the quantum internet of things adopted in 2023 have not yet found their end users, and the backbone quantum communication lines created and functioning in our country remain without relevant standards. The analysis of foreign experience shows similar problems in other countries and a lack of unambiguous recommendations from international standardization bodies. This has made it possible to justify the need to adopt a roadmap for the standardization of quantum communications and additional domestic standards for quantum communication trunk lines. The article highlights the importance of the participation of domestic experts in the work of international standardization bodies on developing technical documents in the quantum communications field.

DOI
10.17803/2713-0533.2025.4.34.781-800

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In 2023, the Russian Federation adopted the Concept for the Regulation of the Quantum Communications Industry until 2030. The authors of this article participated in its development. The document emphasizes the necessity of improving both legal and normative-technical regulatory frameworks for activities in this field. The development of an effective legal regulatory system for the quantum communications industry should be preceded by the establishment of a coherent system of technical regulation specific to the quantum sector. From a legal standpoint, key directions for the potential development of the quantum communications industry have been identified. To a large extent, further progress in this area will depend on the determination of a number of technological development trajectories within the sector. The study shows that the system of domestic standards in quantum communications is contradictory and mutually exclusive. Although several standards have been adopted in recent years, their coverage demonstrates the lack of a coordinated standardization plan to meet the priority needs of the industry. The standards for the quantum internet of things adopted in 2023 have not yet found their end users, and the backbone quantum communication lines created and functioning in our country remain without relevant standards. The analysis of foreign experience shows similar problems in other countries and a lack of unambiguous recommendations from international standardization bodies. This has made it possible to justify the need to adopt a roadmap for the standardization of quantum communications and additional domestic standards for quantum communication trunk lines. The article highlights the importance of the participation of domestic experts in the work of international standardization bodies on developing technical documents in the quantum communications field.
The article analyzes the current state of legal regulation of quantum communications as one of the key varieties of quantum technologies. The analysis of the definitions of “quantum communications” available in the current legislation is carried out, their legal nature as a variety of information and digital technologies is determined. The legal concept of “quantum communications” is formulated. The current legislation in the field of quantum communications is analyzed. The main directions of legal regulation of quantum communications in Russia, the key problems that arise in this case are identified. The development of the Concept of regulatory legal regulation of the quantum communications industry in the Russian Federation is proposed. The analysis of the legal regulation of relations arising in connection with the use of quantum communications indicates a clear lack of methodological support for these processes, the absence of a unified approach to understanding what constitutes “quantum communications”, how it is necessary to develop Russian legislation to ensure the breakthrough introduction of quantum communications. An analysis of the regulation of the quantum communications industry in the world indicates that regulation at the level of strategies, concepts, road-maps and development programs is predominant in this process. An important mechanism of state regulation of the development of quantum communications is the state financing of support for projects in the field of quantum communications. The authors have identified several approaches that have developed abroad to the regulation of quantum technologies, including quantum communications, at the level of strategic regulation. The key promising issues in the field of quantum communications that have found legal regulation in foreign countries, which can be applied in Russia, are identified. The key measures of state support for the quantum communications industry, which should find regulatory reflection in the near future, are identified and systematized.
In the rapidly evolving field of quantum communication, the regulatory framework plays a crucial role in ensuring security, standardization, and international cooperation. This article examines various approaches employed by countries to regulate quantum communication. The purpose of this research is to comprehensively analyze and compare different international approaches to the regulation of quantum communication to identify key features characteristic of the current stage of development and regulation of quantum communication, as well as to develop recommendations for optimizing and improving regulatory governance in this area. The methodological basis of the study consisted of general scientific and special methods. A detailed study of various legal documents, strategies, and standards related to quantum communication was conducted using the following general scientific methods: analysis, synthesis, induction, and system analysis. Among the special legal methods used was the comparative legal method, which made it possible to identify general trends, differences, and unique approaches in the regulation of quantum communication, as well as the formal-legal method for studying legal categories and legislative techniques used in various acts in the studied area. The study systematically examines legislative measures, government policies, and industry standards to determine the relationship between technological innovation and regulatory governance in the field of quantum communication. The research revealed that the regulation of quantum communication is primarily carried out at the level of strategic documents, such as national roadmaps, which contain recommendations and guidelines for regulating quantum communication. It was found that technical standards play a vital role in the development of quantum communication, with this development occurring at both national and international levels. Special groups and centers have been established for the effective implementation, development, and regulation of quantum communication, which allows for the identification of social, legal, political, and ethical issues. The main conclusions include the need to monitor administrative barriers, identify priority sectors for the implementation of quantum communication, and recognize quantum communication as a dual-use technology. It is recommended that an international certification and tracking system be created for quantum communication devices for export and import control purposes.
The Russian Federation in 2023 adopted the concept of regulation of the quantum communication industry until 2030. The authors of this article took part in its development. The document substantiates the need to improve the legislation in optical communication. The study reveals that there is no global reference system for legally regulating optical communication, which will pose challenges in effectively overseeing atmospheric optical quantum communication lines. The article presents priority measures aimed at regulating atmospheric optical quantum communication lines, which will expand the commercial potential of quantum communication. The authors propose measures to protect the rights of users of quantum communication services, as well as the rights of owners of atmospheric optical quantum communication lines. In order to facilitate the operation of atmospheric optical quantum communication lines, it is essential to adopt measures beforehand, as legal uncertainties pose limitations on infrastructure project development.
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.
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.
Quantum communication is among the key segments of the data economy in Russia and of the digital economy in China. Both countries are developing legal frameworks for the quantum communication. In Russia, this process takes place predominantly at the federal level, whereas China has an integrated regulatory system in which provinces with advancing quantum technologies also play an active role in adopting legal instruments for their regulation. The article analyses the specific features of provincial-level regulation of quantum communication in China. Particular emphasis is placed on the Beijing Economic-Technological Development Area, and specifically on measures to support and develop quantum technologies that have been approved by its Administrative Committee—the “Measures for Promoting the Development of Quantum Science and Industry in the Beijing Economic-Technological Development Area.” The article further examines regulation in Zhejiang Province and Hangzhou, in Anhui Province and the Hefei High-Tech Zone, as well as in other provinces (Shanghai, Nanjing, Guangdong). These jurisdictions focus predominantly working out specific measures to stimulate and advance technologies, aimed at achieving their world-class level, which in turn presupposes a systematic approach. Recently, the Russian economy has seen the implementation of several projects involving the creation and use of quantum communication and related equipment, some of them have been introduced at the level of Russia’s regions. Under the Russian Constitution, matters concerning communications and information technology fall within federal jurisdiction. Since regions have not been vested with the corresponding powers, they may regulate only supportive activities for innovative projects in this field. By comparing China’s integrated, province-level regulation with Russia’s primarily federal-level framework, the article provides an understanding of how both countries legally support the development of quantum communication. While adopting a comparative perspective, the analysis places particular emphasis on China’s regulatory architecture and province-level practices. This analysis reveals common challenges and distinct pathways in designing legal mechanisms for quantum technologies in different constitutional settings.