Law in the Epoch of Digital Transformation: in Search of Solutions

Humanity is becoming increasingly dependent on technologies. Their rapid development and expansion requires prompt and integrated response of all public institutions and defi nes one of the main challenges facing the law. To overcome them law requires new theoretical and practical solutions that determine the principles and patterns of technology development and impact the effi ciency of law enforcement in conditions of the world’s digital transformation. The article discusses some of the issues and features of development of the Russian law in the context of digital economy development. New approaches to legal regulation and understanding of digital processes are proposed, in particular, in such fi elds as robotics and artifi cial intelligence. While noting the fact that legal regulation of digital relations keeps up with the current level of technological development, the author warns on unreasonable «hyper-regulation». In his opinion in this fi eld of legal regulation priority should be given to measures of encouragement rather than measures of direct regulation of social relations. In conclusion, the author provides justifi cation for a model of «breakthrough» regulation in Russia.

Author(s):  
Asia Yaqoub Al Hadi Abdul Khair Asia Yaqoub Al Hadi Abdul Khair

The study aimed to identify the important role that digital transformation plays in activating and developing e-learning, as digital transformation has radically changed in all fields, especially in the field of education, as it allowed the emergence of modern educational methods and methods. With the rapid development in the world of technology and the trend of governments and institutions towards digital in all their services by providing digital services in a smooth and easy way that saves effort, time and money for the beneficiaries, in our current era all institutions have been keen to adopt the concept of digital transformation by replacing traditional digital processes, and developing plans and strategies to ensure the achievement of Its objectives are of quality and efficiency, as the digital transformation is able to create a competitive and attractive technical environment that achieves the highest levels of quality at the lowest costs, and that the spread and use of everything digital has accelerated over the past ten years Several challenges have imposed on traditional education, especially in light of the Corona pandemic (Covid-19), which makes relying on traditional educational methods difficult, so the study came with the aim of identifying the role of digital transformation (digital learning) at King Khalid University on the development and effectiveness of e-learning in light of the pandemic The paper followed the inductive approach and the qualitative approach. Observation, reports, documentary information and King Khalid University websites were used to collect data. The concepts of digital transformation as well as e-learning were addressed, and then a set of results were reached. King Khalid University is distinguished by the existence of an effective electronic system, that the technical environment for information technology has enabled King Khalid University to face the rapid change in the work environment, and the study concluded some recommendations. One of them is that digital transformation is no longer an option, rather it has become a necessity, so it is necessary to keep pace with technological developments and to benefit from them in the transformation towards digital learning.


2021 ◽  
pp. 17-28
Author(s):  
V. BRYZHKO ◽  
V. PYLYPCHUK

The article is a continuation of a number of scientific works on the state, trends and further ensuring security of personal data in the context of digital transformation and related problems of legal regulation of new social relations in this area. The key aspects of the EU documents approved in recent years, in particular, the GDPR Regulation, the NIS Directive and the draft legal act on e-Privacy, are considered and evaluated. The main criteria and topical issues that need to be addressed in the context of the implementation of EU law and the development of national legislation on personal data protection are highlighted.


2019 ◽  
Vol 71 ◽  
pp. 02009
Author(s):  
G.E. Ageeva

In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.


Author(s):  
Arlindo Oliveira

This chapter introduces the idea that technology, invented millennia ago, is developing at an even increasing pace, creating the need for all systems to develop to avoid becoming obsolete. This is called the Red Queen effect. The current generation has seen the appearance and rapid development of many new technologies, from digital computers and cellular phones, to DNA sequencing and genetic engineering. However, the next decades will witness an even faster technological development, leading to the appearance of economic and social realities that we cannot even dream of. Computer technology and biotechnology will come together to create changes in society that will make the last decades look like slow-paced, in what respects technology development.


Author(s):  
I. L. Kovalev ◽  
M. N. Kostomakhin

The article explores the main stages of the development of information technology in the world, considers some of the most important areas of IT technology development and global trends in the digital transformation of the agroindustrial complex based on the analysis of global scientific achievements, research reports, articles by famous scientists, scientific and expert organizations. The main trends are identified that determine the conceptual development of the socalled "Smart (digital) agriculture", which contribute in every way to ensure highly rational social, economic, technical and technological development of the agricultural sector.


Author(s):  
Tarusina Nadezhda Nikolaevna ◽  
Isaeva Elena Alexandrovna

Equality of opportunities is the most important aspect of the general principle of equality, which is currently, received almost universal acclaim. This is one of the most fundamental principles on which democratic society is based. It is enshrined in international instruments, national constitutions and laws. However, despite significant progress in this topic, there is inequality between men and women. The article presents main study areas of the theory and practice of jurisprudence in the context of gender - with an emphasis on gender studies in specific areas of legal science; the importance of gender in the mechanism of legal regulation of social relations in the constitutional, administrative, criminal, labor, and family law, since this factor plays a more active role in these branches of Russian law and legislation. The authors come consider that ideas and solutions concerning the legal regulation of relations with the gender element are contradictory it its basis; complex, not always justified, interaction rules and practices, that include positive discrimination and gender neutralization.


Legal Concept ◽  
2019 ◽  
pp. 40-47
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko ◽  
Alexey Mamychev

Introduction: digitalization is a new trend of social development on the whole and the legal and political regulation in particular. The digitalization tempts and fascinates, attracts by its novelty and modernity. The idea of a fundamental change in the social order and social regulation under the digitalization influence in a broad sense is in the air and is already perceived as an axiom. At the same time, most people, both non-specialists in the area of social regulation, and even narrow professionals, will find it difficult to answer the question: what exactly will fundamentally change in the world, in society and in the economy, with the widespread introduction of digital technologies? As a result, the publications in the media and many scientific works resemble Hollywood blockbuster scenarios in the technocratic dystopia style, which leads researchers away from solving real problems of the legal regulation of changing social relations. The purpose of the study: to determine the model of interaction of law and digitalization in relation to the current level of technology development. Research objectives: to define the concept of digitalization; to consider the main trends in research on issues related to the large-scale spread of digitalization and artificial intelligence (AI) technologies; to determine the limits of the real impact of digitalization on the law and legal regulation. Methods: the system, structural and functional methods, the methods of analysis and synthesis, expert evaluation. Results: the paper describes one of the trends of modern interdisciplinary research, called by the authors “the effect of digitalization”. In relation to the sphere of legal regulation, the effect of digitalization is manifested in an attempt to see the fundamental novelty in relations using the latest technical means; the relations carried out in electronic form and/or using digital, network, telecommunication technologies, artificial intelligence. It is argued that the mediation of social relations with the latest technologies does not always lead to the change in the essence of relations and the need to create fundamentally new models of social regulation. Conclusions: digitalization in relation to the law appears in the modern world in two qualities: as an independent social phenomenon and as a tool designed to give the legal mechanisms efficiency and accessibility. At the present level of technology development the digitalization in relation to the law should be considered as a tool to improve the legal regulation quality. The Russian practice of “digitalization for the sake of digitalization” is dangerous and inefficient in social and economic terms.


2021 ◽  
Vol 9 (2) ◽  
pp. 26-30
Author(s):  
Yana Gayvoronskaya

The problem of regulating the processes of development, creation and use of robots and artificial intelligence (AI) units is acute for all states engaged in the digital transformation of public relations. The article addresses two aspects of the problem: first, the choice of optimal regulatory means corresponding to the present stage of technological development;second, the dependence of legal regimes on the concept and definition of robots and units of artificial intelligence. Qualitative legal regulation is always inextricably linked to precise definitions and the definition of the subject matter of legal regulation. The article examines different approaches to defining robots and artificial intelligence, as well as articulating an author’s view of the choice of legal regimes for different types of AI and robots. The importance of and the need for ethical regulation of robotics and AI are shown in relation to the choice of regulatory instruments. Deontological regulation is considered by the authors to be the most promising and acceptable for the modern level of technology development. At the same time, it has been proved that, in modern conditions, ethical regulation in the field of AI and autonomous robotic apparatus plays the role of self-regulation and assumes the functions of various means of self-regulation.


2020 ◽  
Vol 1 (4) ◽  
pp. 74-83
Author(s):  
Anton A. Vasiliev ◽  
Yulia V. Pechatnova

The development of artificial intelligence necessitates the legal regulation of social relations associated with the use of new technologies. Today, fragmented regulatory regulation is noted in Russian law, expressed, as the rule, in strategic documents in which artificial intelligence technologies are reflected as cross-cutting technologies that contribute to the development of the digital economy. The purpose of this work is to determine the place of artificial intelligence among the elements of legal relations, which is seen as necessary for building the model of legal regulation of artificial intelligence. The research methodology is based on the set of methods of scientific knowledge, including abstract logical, formal legal and the method of correlation analysis. The article analyzes approaches to determining the place of artificial intelligence in the structure of legal relations. The scientific discussion is that some authors attribute artificial intelligence to the variety of objects of legal regulation; other authors admit that it is possible to consider artificial intelligence as the specific subject of law. As the result of research, the authors come to the conclusion that today artificial intelligence should be classified as the type of objects of legal regulation. In conclusion, the work also evaluates the possibilities and measures of the participation of artificial intelligence in legal activities. The authors come to the conclusion that today the cognitive potential of artificial intelligence has not yet reached the level of development that allowed it to repeat the thought processes of the lawyer in resolving the legal dispute. At the same time, artificial intelligence has tremendous potential to become the irreplaceable technological “assistant” for the lawyer, contributing to the improvement of the quality and efficiency of legal services.


2021 ◽  
Vol 1 ◽  
pp. 3-5
Author(s):  
Lyubov A. Efimenko ◽  

The article is devoted to a new complex branch of law — juvenile law. The article identifies the necessity and importance of the complex branch of juvenile law in the system of Russian law, reveals its structuring as a new branch of law. The article analyzes the subject and method of legal regulation of the complex branch of juvenile law. This is a kind of secondary legal formation, in which the original legal regimes and norms re-regulate a group of separate social relations connected by a single subject, and here there is a mixed nature of legal regulation. It is in order to effectively implement, protect, protect the rights and interests of a minor, to regulate legal relations with his participation, that the question is raised about the formation and development of a new branch of law, that is, a complex branch — juvenile law. Through this branch there is a connection of heterogeneous legal material on a subject and target sign, it is carried out.


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