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BRICS Law Journal

Regulation of Quantum Communication at the Regional Level: The Experience of China and Russia

Aleksey Minbaleev, S. V. Solovkin, Wang Guanglong

Published Oct 14, 2026• 0 citations
Publisher

Abstract

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.

DOI
10.21684/2412-2343-2026-13-3-166-185

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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 leading countries across the world have entered the race to develop quantum technologies that will enable them to ensure their continued economic prosperity. Among these technologies, a special place is occupied by quantum communication, which is designed to ensure information security in an era where a quantum computer is capable of compromising a number of cryptography algorithms. In this article, this new digital technology includes quantum key distribution and encryption methods that are cryptographically resistant to a quantum computer. The study does not consider the regulation of the quantum communication sub-technology, the so-called “quantum internet,” due to the technical limitations of the existing equipment. The authors note that their predictions about the cryptographic strength of encryption algorithms are based solely on modern knowledge about the capabilities of quantum computing and do not take into account its hidden potential, for example, in terms of cryptanalysis information systems based on a machine learning model generated by a quantum computer. Currently, the only data protection system that is not subject to quantum threats is the technology of quantum key distribution. In today’s information and digital age, information security systems are an important element of critical infrastructure. Given the importance of these technologies, different states use different methods to regulate this field. This article puts forward and substantiates the hypothesis that the implementation of a combination of regulatory legal acts could have a greater positive impact on the development of quantum communication and ensure an acceptable level of information security in the post-quantum era. The analysis showed that a significant number of states and interstate associations are conducting research in this area, relying only on investment growth. This strategy has prevented any country from achieving the competencies of the People’s Republic of China. The authors also analyzed the methods of legal support used by China, Russia, and other countries in the field of quantum communication, which made it possible to identify a model of legal regulation of quantum communication that stimulates this technology’s development.
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.
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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.