Abstract
Introduction: the article looks at digitalization of economy through the prism of the ‘new technological path’, Digital Earth concept, digital innovation in the framework of Industry 4.0. The focus is on the advantages and disadvantages of such digitalization from the perspective of digital legal control. In the light of the formulated thesis about the absence of a unified scientific idea of the place of digital legal control in the system of relations under private or public law, the author attempts to develop the fundamentals of the digital legal control concept, which is presented in the article as a new civil category. Purpose: to form a general idea of digital civil‐law control, its place in the system of types of digital legal control, and the areas of its practical implementation. Methods: general scientific methods used in the study include analysis, synthesis, induction, deduction, abstraction, interpretation, comparison, etc.; special scientific methods comprise legal‐dogmatic, historical‐legal, comparative‐legal methods, interpretation of legal norms, and legal modeling. Results: digital legal control is a characteristic of both public‐ and private‐law relations. The article develops doctrinal definitions of ‘digital public‐law control’ and ‘digital private‐law control’. Conclusions: in the field of public law, digital legal control is most often associated with public digital financial control. Digital legal control inherent in a civil agreement executed via a smart contract is implemented with the use of mathematical algorithms, therefore such control can be carried out both by a person and without his direct participation; however, in both cases such control is predetermined by the technical framework of a specific information system. Classical contract law is based on trust of the property turnover participants in the state system of coercion, while digital contract law is characterized by trust of the parties to an agreement in the computer code.
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