Гуманитарные и юридические исследования (Jan 2023)
The process of law enforcement in the conditions of digitalization
Abstract
The peculiarities of law enforcement process in the context of digitalization is considered in order to identify the features of the forms and subjects of this process, as well as to search for problems that arise in the course of the implementation of legal norms using digital technologies by individual subjects of law and authorities.The originality and novelty of the study is manifested in the formulation of the problem, the objectives of the study and the author’s conclusions regarding the forms of realization of law in the digital environment, the theoretical and applied analysis of the problems of the process of law enforcement in the context of digitalization.It is concluded that law enforcement with digital technologies is built into the general mechanism for the implementation of law and includes procedures specific to law enforcement and the direct form of implementation of the law. The direct form of law enforcement is used for the purpose of independent choice of procedures and means of exercising their rights and legitimate interests by users of infocommunication technologies. It is proved that the digital culture based on the digital literacy of the person exercising his legal capabilities is a factor influencing the quality of law enforcement.It is stated that the use of digital technologies by the authorities is necessary and in demand as a way of modern communication and contactless interaction with citizens regarding the implementation of the rights and freedoms of citizens and legal entities.The main problems that arise in the process of implementing the rules of law using digital technologies are identified, in particular, the need to codify legislation on digital technologies and the adoption of the Digital Code. The authors believe that the active implementation of procedures to protect the key constitutional rights of citizens is required, in view of the presence of potential threats to the rights and freedoms of the individual, emanating from the process of total digitalization of public relations. A special role in the process of protecting the rights of subjects in the digital environment belongs to the procedures for ensuring the safety of personal data of users of infocommunication technologies. The protection of personal data is one of the most important areas in ensuring the information security of citizens in connection with the digitalization of all elements of the legal system.The necessity of overcoming the threats of the existence of corruption risks and corruption proposals in the digital environment is substantiated. There are fears that with the deepening of digitalization and the use of artificial intelligence, corruption schemes will expand significantly.
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