Правовые проблемы развития цифровых технологий в Российской Федерации

Abstract

Introduction: the digital modernization of Russian society is proceeding at a rapid pace; however, unfortunately, the legislative regulation in this area of public relations is just beginning to take shape. Such a normative impact of law on the processes of digitalization in the economy, public administration, justice, etc. is characterized by complexity, mutual interweaving of legal, medical, ethical, engineering and technical sciences, problems and factors. In previous periods of the domestic legal system development, such deep and rapid material and technological transformations, perhaps, were not observed. The purpose of the study is to form the conceptual foundations of the legal regulation in the digital environment. The research objectives are to analyze the legal framework for regulating digital technology in the Russian Federation, mainly in the field of public law, to identify and discuss the legal problems of their implementation. Methods: the paper uses the following methods: formal legal, experimental, comparative legal, modeling, generalization, forecasting. Results: the authors believe that when forming the legal foundations for the development of digital technology in the Russian Federation, the principle of optimization should be used: to keep up to a large extent with the leading trends in the development of digital solutions and their technical embodiments. However, when choosing the models for their legal support, it is necessary to develop step-by-step algorithms for practical implementation, focusing on the ethical and humanistic expert evaluation of projects and the use of experimental legal regimes. Conclusions: the authors call the proposed project of meaningful digital modernization in law “humanistically oriented digitalization”. The paper can be useful and recommended to legislators, law enforcement officers, employees and students of the higher legal education system, legal experts and politicians.