On Concretization of Law in Conditions of Digitalization of Public Practice

Abstract

The article analyzes the phenomenon of concretization of law in the conditions of digitalization. An example of the problem of countering terrorism with the use of telecommunications networks shows the significance of concretization in modern conditions. The author considers concretization as a tool for improving legal regulation in conditions of digitalization. Attention is drawn to the fact that the need for concretization of legal norms in modern conditions is conditioned by their specialization, which takes into account the technological features of digitalization, and the level and nature of the theoretical comprehension of this phenomenon lags behind the existing needs of legal practice, the processes of updating legal matter. The article points out that the problem of specifying the law with regard to the sphere of digitalization of networks and technologies related to counteracting terrorism has not been adequately studied at either the theoretical or the practical level, although the transition to electronic management of technological processes in production, according to Russian and foreign experts, are a prerequisite for the implementation of terrorist activities using information and telecommunications networks. At the same time, a significant part of Internet services are now interdependent, because “cloud” technologies allow the availability of distributed computing powers between different jurisdictions, i.e. the modern Internet service represents the system of legal relations, architecturally distributed across several jurisdictions, within the framework of which the users of such Internet service belong to different jurisdictions. Regulatory programming is considered as a promising tool for specifying. It is noted that the specification is intended to give the law maximum certainty in the process of law enforcement activities on the basis of the methodology of the concept of “minimum contacts” and a risk-oriented approach and monitoring of legislation using artificial intelligence.