Abstract
The article focuses on the problem of transformation of the content of the principles of international private law in the context of digital development of the state, society and economy. The implementation and transformation of the principles of international private law in relation to the main types of cross-border public relations related to digital technologies are studied. It is established that in the context of the development of digital technologies, the most obvious transformation of the principles can be traced precisely in the process of concluding and executing smart contracts. A smart contract does not fit into the traditional criteria for determining either a civil contract or a foreign economic transaction. There is no uniform legal understanding of this phenomenon. It is noted that the content of the norms regulating modern cross-border private law relations related to the use of digital technologies should be built (along with other industry categories) on the basis of the principles of international private law, which, in turn, are transformed in connection with the needs of modern development of digital technologies and correspond to them.
Highlights
The rapid development of digital technologies has predetermined the formation of a new so-called digital information society, which requires appropriate changes in legal regulation
Since the digital space and relations in a digital society often go beyond the borders of a single state, the problem of international legal regulation in this sphere is in the foreground
International private law is able to adapt earlier than other branches to the new conditions of digital development of the state, society, and economy, as it is characterized by more flexible methods of regulation, the lack in most cases of strict binding to national law, and the possibility of non-state regulation of relations in accordance with the principles of freedom of contract and autonomy of the will of the parties
Summary
The rapid development of digital technologies has predetermined the formation of a new so-called digital information society, which requires appropriate changes in legal regulation. International private law is able to adapt earlier than other branches to the new conditions of digital development of the state, society, and economy, as it is characterized by more flexible methods of regulation, the lack in most cases of strict binding to national law, and the possibility of non-state regulation of relations in accordance with the principles of freedom of contract and autonomy of the will of the parties In this regard, the research of the problem of transformation of the principles of international private law in the context of the development of the state, society and economy is of great theoretical and practical importance. In the course of this research, the following tasks are to be solved: Determination of the system of principles of international private law in the context of the development of digital technologies; Identification of changes in the content of the principles of international private law; Study of the results of the transformation of the system of principles of international private law in accordance with the needs of practice; Highlighting the features of the implementation of the principles of international private law in the process of regulating cross-border private law relations related to the use of digital technologies
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