Digital Law and Digital Rights in Russia: Polemical Notes

Abstract

Digitalization has become omnipresent today. No longer limited to the security sphere, digital technologies are actively transforming society as a whole. However, the conservative institution of law does not always respond promptly to changes, and many lawyers believe that the traditional legislation in force is sufficient to handle this new object of regulation. Yet the fact is that this object cannot be called traditional from the regulatory standpoint. Technology has a powerful impact on both law and the state and so requires new solutions. Under such circumstances, it is important to gain a legal understanding of digitalization without delay. The purpose of this article is to analyze the current state of legal regulation of digital technologies in Russia. By employing classical legal methods for analyzing doctrine, legislation and jurisprudence, the author comes to the conclusion that digital law is a new branch of law. At the same time, its most significant aspect is the regulation of digital rights — subjective rights associated with the use of digital technologies. Despite the neutral and universal character of technologies, a comparative legal approach allows us to identify the specific features of Russian digital law, as well as the nuances of the regulation and protection of digital rights in Russia. The present article reflects the author’s position and strives to inspire further discussion about these issues.