Russian Legislative Tradition before the Challenge of Digitalization

Pashentsev, Dmitriy

doi:10.12737/art_2019_2_1

Cited by 3 publications

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“…One cannot but listen to D.A. Pashentsev, who, while agreeing with the opinion of T. Y. Khabrieva, notes that "in the context of digitalization of public relations [...] there is a need to expand the arsenal of regulators used [...] in the future, this may lead to the fact that legislation will lose its former role, which will inevitably affect the scale and directions of legislative activity [...] This trend is objective [...]" [11].According to a number of foreign scientists, society is undergoing a digital transformation as artificial intelligence and other technologies develop to optimize decision-making and improve operational efficiency, which can hinder the effectiveness of public institutions responsible for adopting, regulating and enforcing the law [13].…”

Section: IImentioning

confidence: 80%

Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy

Vasiliev¹

2021

Proceedings of International Scientific and Practical Conference “Russia 2020 - A New Reality: Economy and Society” (ISPCR 2020

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The author analyses various approaches to understanding the legal consciousness that have recently been observed in Russia. The analysis focuses on the ways of how various views shape the concepts of the legal framework and corresponding requirements necessary for the effective promotion of the digital transformation of the Russian economy. There is an opinion that the successful outcome of the 'digital environment' project will be determined by the nature of the competition between two rivaling principles: the centralized and the decentralized. The outcome can be positively influenced by the law but subject to certain transformations of understanding of the law by users. It's assumed that the influence of the positivist approach makes it difficult for the Russian legislators to decide on the proper definition of the 'digital rights' concept. In this regard, a 'digital right' is viewed as a subjective right with a high level of discretion of the right holder, capable of providing effective regulation where it comes to: the 'virtual nature' of relations that do not fit into the traditional framework of physically visible areas of jurisdiction. A liberal and individualistic approach to understanding the law is viewed as desirable. This approach has been dominating in today's modern theory and practice. It makes it possible to successfully define digital rights, which is determined by their ability to allow the participants of relations to set the rules of conduct in a decentralized manner, making them beneficial for themselves (in their own interests). The participants are consciously becoming fully accountable for the outcome. Keywords-centralized management; the concept of legal consciousness, digital rights, digitalization of the economy, legal law, law and legislation I.

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Section: IImentioning

confidence: 80%

Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy

Vasiliev¹

2021

Proceedings of International Scientific and Practical Conference “Russia 2020 - A New Reality: Economy and Society” (ISPCR 2020

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“…In connection with the identified problem, in the context of the need to transform legal regulation in connection with the development of digital technologies, it is justified to use another relatively new method of legal regulation, which is conventionally called the "legal experiment". Thence, Pashentsev (2019) analysed the impact of digitalization on the Russian law-making tradition and identifying promising directions for its further development, noted among the identified trends the more active use of legal forecasting and legal experiment in legislative activity. Zhuravleva (2018) makes a distinction between the legal regulation of pilot projects and a legal experiment based on the following criterion: "the question of whether an idea will be accepted or rejected is not posed or decided during the implementation of pilot projects.…”

Section: Methodsmentioning

confidence: 99%

Strategic Legal Regulation in the Field of Implementation of Intelligent Transport Systems in Russia

Voronin

Bimbinov

Blagodir

2021

Journal of Siberian Federal University. Humanities &Amp; Social Sciences

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This paper focuses on the potential problems of the introduction of digital technologies in transport in the socio-economic and legal dimension based on the assessment of the current state and development trends of the info and communication in the transport infrastructure in Russia, foreign experience. Moreover, it performs specific proposals for legal and financial regulation of issues and minimization of risks of liability for harm in conditions development of information transport systems. The paper analyses the role of the programs “Digital Economy of the Russian Federation” and “Safe and High-Quality Roads” in the development of intelligent transport systems that constitute some promising areas of the use of unmanned vehicles to improve the quality of life of people. Furthermore, we assess the development of entrepreneurial activity, high-tech industries, and the increase the investment attractiveness of Russia and analyse the strengthening of its position in the international arena. When it comes to the methodology, we use legal analytics, legislative technology, comparative law, and expert assessments. The results of this research reveal the features of the legal regulation of new and promising emerging relations in the digital economy. This is a strategic legal planning and legal experiment. Based on this conclusion, a system of prerequisites for the development of intelligent transport systems based on the analysis of national programs is formulated. The system of prerequisites includes three levels: I) technological prerequisites, II) infrastructural; and III) regulatory

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“…В связи с обозначенной проблемой в условиях необходимости трансформации правового регулирования в связи с развитием цифровых технологий оправданным является использование еще одного сравнительно нового способа правового регулирования, который условно по-лучил наименование «правовой эксперимент». Так, Д. А. Пашенцев, анализируя влияние цифровизации на российскую законотворческую традицию и определяя перспективные направления ее дальнейшего развития, отметил среди выявленных тенденций более активное использование в законотворческой деятельности правового прогнозирования и правового эксперимента [1]. О. О. Журавлева проводит разграничение правового регулирования пилотных проектов и правового эксперимента на основании следующего критерия: «Вопрос о том, будет ли принята или отвергнута идея, в процессе осуществления пилотных проектов не ставится и не решается.…”

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Issues of Strategic Legal Regulation of the Implementation of Digital Technologies in Transport

Voronin

2021

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Despite the awareness of the importance of digital transformation of highways as the basis for life safety, social and economic development of the country, the issues of technical, legal and financial regulation of the digitalization of the transport complex at the federal and regional levels, a detailed assessment of the impact of digital technologies in transport on social and economic processes in modern Russian society. In the Russian doctrine in recent years, research has been carried out in general on the formation and development of the digital economy in Russia, in which intelligent transport systems are mentioned pointwise and only in general terms without their comprehensive analysis. Based on the assessment of the current state and trends in the development of info-communication transport infrastructure in Russia, foreign experience, potential problems of the implementation of digital technologies in transport in the socioeconomic and legal dimension were identified, specific proposals were formulated on the legal and financial regulation of issues and minimization of the risks of liability for harm in conditions development of information transport systems. The role of the programs “Digital Economy of the Russian Federation” and “Safe and High-Quality Roads” in the development of intelligent transport systems has been analyzed, and as a result, promising areas for the use of unmanned vehicles to improve the quality of life of people, develop entrepreneurship, high-tech industries, and increase the investment attractiveness of Russia have been identified. and strengthening its position in the international arena. The study used the following methodological principles: objectivity; determinism; historicism; integrity; consistency; structure; functionality; hierarchy; pluralism of explanation and understanding of law; comparative studies. The study uses private methods: legal analytics, legislative techniques, legal comparative studies, expert assessments. As the main results of the study, the features of the legal regulation of new and promising relations arising in the digital economy have been identified. This is a strategic legal planning and legal experiment. Taking into account this conclusion, a system of prerequisites for the development of intelligent transport systems was formulated based on the analysis of national programs. The system of prerequisites includes three levels: technological prerequisites, infrastructural and regulatory.

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Russian Legislative Tradition before the Challenge of Digitalization

Cited by 3 publications

References 0 publications

Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy

Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy

Strategic Legal Regulation in the Field of Implementation of Intelligent Transport Systems in Russia

Issues of Strategic Legal Regulation of the Implementation of Digital Technologies in Transport

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