МЕТОДОЛОГИЧЕСКИЕ ПРОБЛЕМЫ ПРАВОСОЗНАНИЯ В ЭПОХУ ПРАВОВОЙ ЦИФРОВИЗАЦИИ

Abstract

The article analyzes the change in ideas about law in the era of digitalization. Noting the insufficient theoretical validity of attempts to impose any special characteristics on modern law stemming from the widespread development of digital technologies, the author admits that in the era of virtual reality, the laws of the digital virtual world begin to actively compete with the laws of nature, which entails some decrease in the role of law as a traditional regulator of public relationship. However, according to the author, one should not artificially downplay the role of law even in the digital age. In this regard, the article discusses the main trends in the study of legal digitalization processes. The first trend is due to the need to promptly respond by legal means to the emergence of new areas of legal regulation caused by the widespread dissemination of digital information technologies. The second trend involves the expansion and rethinking of the subject and object of legal science in the context of the emergence of new digital participants in legal relations generated by intelligent human activity. In this regard, the author dwells on the most relevant conceptual and practical problems of using digital technologies in the processes of lawmaking and law enforcement, in the context of various approaches to law enforcement. Special attention is paid to the institute of digital (information) rights and freedoms of citizens, as well as to the traditional rights of an individual in the new digital virtual reality. The paper draws conclusions about the possibilities and prospects of further legal regulation of the field of digital (information) legal relations and artificial intelligence, as well as the impact of information technology development processes on legal processes in general. Key points: 1) the emergence of new digital spheres of legal regulation, in a situation where the traditional elements of state, public and private life, to one degree or another, pass into the digital virtual space, poses new challenges to the law, however, their solution should be based on traditional general legal approaches; 2) digitalization has seriously changed the face of written (positive) law, its accessibility, relevance and ways of perception, however, the positive law has not received conceptually new regulatory functions in this regard, nor has it lost its ability to influence the regulation of certain traditional public areas relationship; 3) today the legal functionality of digital electronic algorithms is clearly limited by the limits of the auxiliary and organizational support function; 4) a shift in emphasis in legal regulation from the achievements of legal science to the achievements of information (technical) science can lead to partial or complete ignoring of the ethical, axiological and sociocultural aspects of law, which in turn can lead to the idea of digitalization of law as an element of coercion and oppression.