Law and Digital Transformation

Abstract

The coexistence of the phenomena of digitalization and law determines their mutual influenceand actualizes the scientific task of studying the impact that manifests itself inrelation to each other and the changes that it causes. The technicalization of society contributedto its further development, its goals and directions were largely determined bypublic and other social institutions, including law. In the modern period, digitalization isin the same vein of combining social and technical mechanisms for managing processesin society, moreover, in a wide socio-economic context and in connection with the implementation of the state’s strategic national goals. A noticeable influence of similarphenomena and processes is observed in foreign countries. These circumstances predeterminethe challenges for the law. The article presents an attempt to consider thelegal problems of digitalization from the point of view of a comprehensive, cross-sectoraland systems analysis, which made it possible to overcome the excessive specializationof legal sciences’ branches, keep in mind the dynamics of the relationship between nationaland international law and also take into account the context of the achievements ofother social sciences. New digital technologies fill the functional impact of law with newcontent, which, firstly, is reflected in the dynamically developing sectoral legislation, andsecondly, in a concentrated form it is manifested in the formation of general regulatorylegal acts that create the basis for digitalization. Digitalization transforms the nature of theactivities of legal entities and the volume of their legal relations, generates new forms ofmaking managerial decisions and responsibility for their failure, problematizes the legalnature of a technical (electronic) legal act and its place in the system of normative legalregulation, raises the question of the possibilities and limits of automation of law. As aresult of the study, the authors come to the conclusion that in the context of the digitaltransformation of the economy, social sphere and governance law retains its stable roleas a regulator of socio-economic and other processes in society, ensuring both sustainablestability and the necessary transformative activities of people and public institutions.
For citation: Tikhomirov Y.A., Kichigin N.V., Tsomartova F.V., Balkhaeva S.B. (2021) Law and Digital Transformation. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 4–23 (in Russian) DOI: 10.17323/2072-8166.2021.2.4.23