Антиномии (Sep 2019)
Digitalization of legal relations and its impact on the implementation of certain constitutional rights of citizens in the Russian Federation
Abstract
The natural emergence and widespread use of digital technologies inevitably leads to the processes of revolutionary changes in modern Russian society. In some research publications it is called the digital revolution. Digitalization of modern social relations consistently forms a new social, economic, political, and legal reality. The digital transformation of social relations is manifested, first of all, in the use of modern digital technologies in various spheres of human activity. In the context of digitalization, the content of the system of Russian law is transformed under the influence of the newly discovered and rapidly developing opportunities of modern digital technologies, which is reflected in the emergence of new legal structures, institutions, legal phenomena related to the subjects and objects of legal regulation, specifics of legal relations in digital reality, understanding of the concept, and content of individual rights, etc. The system of legislation as a constant external form (shell) of law also undergoes significant transformations and changes, while it is obvious that in the new digital reality human rights system continues to be based on the universal human rights guaranteed by the Constitution and international legal acts; their recognition and protection is the responsibility of the state and its authorized bodies. The article is devoted to study of certain constitutional rights of citizens of the Russian Federation (right to privacy, personal and family secrets, protection of their honor, and good name (part 1 of article 23 of the Constitution); right to elect and be elected to bodies of state power and bodies of local self-government, and to participate in the referendum (part 2 of article 32 of the Constitution); right to appeal (article 33 of the Constitution); right to education (article 43 of the Constitution of the Russian Federation) as the most vulnerable of digitization. In the course of study, special attention is paid to the existing problems of restriction of constitutional rights of citizens in the telecommunications network “Internet” in the system of current legislation and law enforcement practice. The authors propose some promising areas for improving the legal regulation of the digitalization of the constitutional rights of citizens of the Russian Federation.
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