The role of digital rights in the modern states stable development: problems of recognition and legalization

Abstract

The purpose of the scientific article is to critically analyze the feasibility of recognizing digital rights and legalizing them in the context of sustainable development theory.
 The scientific article is devoted to highlighting the formation of digital rights as determinants of sustainable development of the modern state. The problem of legal regulation of digital rights is highlighted. It is emphasized that the formation of a digital environment determines the relevance of research to identify problems, conditions and tools for implementing the concept of sustainable development under the influence of the formation of the global information society and the use of information as a priority resource for achieving sustainable development goals.
 The study analyzes the positions of domestic and foreign scientists on the formation of digital rights as a determinant of sustainable development of the modern state. The experience of legislative consolidation and regulation of digital rights is considered.
 Based on the results of the study, conclusions were drawn: the need for legal regulation of digital rights not only at the international level, but also at the national level by constitutionalizing basic digital rights or including these rights in relevant legislation, as well as the development of effective mechanisms for the implementation and protection of these rights; digital accessibility remains one of the main obstacles to overcoming digital inequality; in the context of the development of the information society, digital literacy should be at the level of general education.
 Analysis of the international experience of digital rights regulation makes it possible to distinguish two ways of regulation: 1) constitutionalization of digital rights, in which the text of the Constitution is changed in order to regulate digital rights at the highest constitutional level; 2) digitalization of rights, in which the rights enshrined in the legislation acquire an updated interpretation or settlement based on decisions of constitutional jurisdiction bodies, the practice of the European Court of human rights or in relevant legislation.