Developing Information Technology Law and Legislation: Analysis of International Experience and Possibilities of Its Application in Ukraine

Oksana Brusakova,Denis Koshikov,Oleksandr Kaplya,Irina Aristova

doi:10.31207/ih.v10i2.287

Abstract

The purpose of this article is focusing attention on the relevant problematic issues that exist in the sphere of legal regulation of domestic area of high technologies, as well as finding ways of their effective solution. Noted that the legal regulation of objects and phenomena surrounding the domestic information technology (IT) sphere is quite weak and insufficient compared to other countries. Effectively functioning practices of legal regulation of the sphere of high technologies that exist in developed democracies are analyzed for their compliance with the realities of the domestic legal system. Considerable attention is paid to the characteristics of the current state of functioning of IT law and legislation in democracies. The initial successes that have already been achieved in Ukraine in relation to the IT sphere in the past were analyzed. The perspective directions of further development of IT law, as well as related domestic and international legislation, are considered. It is pointed out that the development of both the domestic high-tech industry and the functioning of IT law and legislation are inextricably linked with the democratization of the country. The methodological basis for writing the article was a set of general scientific and special methods and techniques of scientific knowledge.

Highlights

There is no society without information, as there is always that necessity to communicate
The structural method was useful for characterizing the construction of rules governing international standards of legal regulation of public relations related to the development of information technology (IT) law
The formal legal method allowed the authors to analyze the importance of legal norms in the field of international standards of legal regulation of public relations related to the development of IT law, to interpret them from the point of view of formal legal logic

Summary

Introduction

There is no society without information, as there is always that necessity to communicate. The modern society necessitates the introduction of new information technology (IT) solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. In the context of globalization, modern society is developing rapidly. Today’s challenges are related to the increase of human needs, which in turn determines the desire to ensure their dynamic and high-quality satisfaction. There is an urgent need to modernize (Gramatskyy, et al, 2020)

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