трансформация права

Information systems as a tool for regulating public relations: Analysis of Russian and world practice

Introduction. The practice of public administration in the Russian Federation is largely based on the implementation and use of public information systems in all areas. Such information systems become a tool for influencing public relations, firstly, acting as a continuation of legal norms, secondly, replacing the actual norms of law in rare individual cases and, finally, acting as a means of certifying and qualifying legal facts. Theoretical analysis. Legal facts act as the most important links of the legal mechanism – both in legal regulation and in law enforcement. An integral part of the legal regulation mechanism is the system of fixing and certifying legal facts. Empirical analysis. State information systems ensure the maintenance of state registers intended for registration and storage of legal facts, and are also able to collect information in an automated mode and receive new information based on the processing of primary data. In the system of legal regulation, there is a tendency to endow such data with legal force, as a result of which they act as legal facts, and the activities for their qualification are delegated to the information system. The increasing complexity of information systems leads to the fact that the implementation of the rights and obligations of subjects becomes critically dependent on their correct work. Results. The author proposed to establish a number of legislative principles and restrictions, in particular, the principle of verification of conclusions obtained through the use of information systems by a person, in cases where such a conclusion has the force of a legal fact that affects the rights and obligations of a person.

Transformation of Law under the Influence of Digital Technologies: New Requirements to Training of Lawyers

Introduction. The article looks at how development of technologies is influencing and might influence the processes of law enforcement and law-making in the future and what changes in legal training it will require. Theoretical analysis. Nowadays, the use of modern digital technologies in the sphere of public management involves emergence of a number of the problems connected with inflexibility of machine regulation and inevitable mistakes in functioning of these technologies. At the same time, from the legal point of view there is a gap between regulations and technologies which mediate their application. The authors assume that in the long term this gap can be and has to be overcome, which will entail transition to a technological method of legal regulation. It, in turn, will require essentially new competences from lawyers. Empirical analysis. On the way of transition to a technological method of regulation it is necessary to pass several important stages of transformation of law: 1. Recognition by the state (states) of cryptocurrencies and/or other values, possession of which is confirmed only by records in a blockchain, development of the precepts of law regulating their address; 2. Full integration (or reflection) of the processes in the real world with data in information systems; 3. Transformation of regulations in an electronic form, giving them the properties of self-feasibility. Results. The authors make the conclusion about potential transition of both law-making, and law realization mainly to an electronic form, which, in particular, will require development of the legal focused programming language for recording precepts of law. It, in turn, will objectively lead to the fact that knowledge of information technologies, their legal regulation and fundamentals of programming of legal documents will become necessary competences for graduates of legal majors and specialties.