Transformation of legal impact in the context of the modern information and technological structure (case study of the relations connected with genomic information)

Abstract

The article is devoted to a crucial theoretical issue of the impact transformation under the influence of digital technologies. It is necessary to distinguish the process of law evolution in general and legal impact in particular, which presupposes a gradual, "dosed" change in the regulatory legal framework of the state in the direction of its greater adaptation to changing socio-economic and political realities from a more radical version of changes - from the transformation of legal impact under the influence of digital technologies and new qualities acquired by the information society. Legal impact in the digital environment demonstrates not only a new type of subjects, previously unknown to the classical paradigm of law, but also a special type of legal ties. From a legal point of view, the relationship pattern is of contractual nature on the Internet, reflecting the conventional process of interaction of quasi-subjects of law, which corresponds to the nature of almost any network interaction. However, the specificity is that norms are formed; and they contain self-regulation rules and have a legal impact on the subjects of network communication. The transformation of legal impact in the above sense presupposes qualitative changes in legal impact that are local in time, but reactive (accelerated) in intensity, accompanied by the complication of the legal impact organization, the emergence of new components under the influence of technological factors and, accordingly, new functions. The objective is to demonstrate the vector of changes in the contemporary theory of legal impact and acquire a new look for it. We use the data and material of modern characteristics of society to solve the problem. The transformation of legal impact occurs under the influence of changes in the legal and social systems having occurred as a result of the reconfiguration of social objects, which are traditional areas of legal impact, and owing to the forced transformation of legal means used by the state. The basic features of such transformation are revealed by the example of a theoretical comprehension of the “genomic information” concept and the attitude of the legislator to it. The result of the study is the conclusion that the transformation of legal impact is a sequential system of organizational, legal, mental shifts (innovations), which provide for the creation of new components of legal impact that do not coincide with their previous structures with a supplementary (or new) set of functions.