O.A. Stepanov

On Concretization of Law in Conditions of Digitalization of Public Practice

2018. No. 3. P. 4–23 [issue contents]
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 telecommunicationsnetworks shows the significance of concretization in modern conditions. Theauthor considers concretization as a tool for improving legal regulation in conditions ofdigitalization. Attention is drawn to the fact that the need for concretization of legal normsin modern conditions is conditioned by their specialization, which takes into account thetechnological features of digitalization, and the level and nature of the theoretical comprehensionof this phenomenon lags behind the existing needs of legal practice, the processesof updating legal matter. The article points out that the problem of specifying thelaw with regard to the sphere of digitalization of networks and technologies related tocounteracting terrorism has not been adequately studied at either the theoretical or thepractical level, although the transition to electronic management of technological processesin production, according to Russian and foreign experts, are a prerequisite forthe 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 betweendifferent jurisdictions, i.e. the modern Internet service represents the system of legalrelations, architecturally distributed across several jurisdictions, within the frameworkof which the users of such Internet service belong to different jurisdictions. Regulatoryprogramming is considered as a promising tool for specifying. It is noted that the specificationis intended to give the law maximum certainty in the process of law enforcementactivities on the basis of the methodology of the concept of “minimum contacts” and arisk-oriented approach and monitoring of legislation using artificial intelligence.
Citation: Stepanov O. (2018) O probleme konkretizatsii prava v usloviyakh tsifrovizatsii obshchestvennoy praktiki [On Concretization of Law in Conditions of Digitalization of Public Practice]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 4-23 (in Russian)
Rambler's Top100 rss