Право і безпека (Jun 2022)
Digital state in the context of legal reform in Ukraine: theoretical and legal aspect
Abstract
The purpose of the article is theoretical and legal coverage of the key parameters of legal reform in the field of digital state formation based on the application of the institutional approach, as well as taking into account the achievements of domestic theoretical and legal science and legal branch science. It is shown that the formation of a digital state is an integral element of digitalization of all spheres of social life and a requirement of modernity. Structural and procedural approaches to the study of legal reform in the field of digital state formation are analyzed. The expediency of combining these approaches for a deeper and more comprehensive scientific knowledge of the studied phenomenon is highlighted. It has been established that the legal reform in the field of the formation of a digital state should be recognized as a type of legal reform aimed at a holistic, comprehensive change in the conditions and legal basis of the organization and functioning of the state apparatus in the direction of its optimization and the widest application of information and communication technologies in order to simplify the state administration system, significantly increasing its effectiveness and including society and individual citizens in solving the most significant issues of social and state life. The key aspects and directions of this reform are analyzed. It has been proven that the model of forming an exclusive digital state, which did not provide for the wide involvement of society and its institutions in solving national (public) issues and affairs, has been implemented in modern Ukraine, which essentially reproduced the conservative trajectory of the previous state-power development. It is indicated that the transition from an extensive paradigm of a digital state formation to an intensive one should be recognized as an urgent need today, which would provide for an inclusive model of the formation of a digital state due to the real inclusion (involvement) of civil society institutions in solving state affairs, stimulating civil initiative and making it impossible to adopt key legal acts without prior extensive public consultation, which should be given not optional but mandatory character.
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