LAW IN THE MIRROR OF HIGH TECHNOLOGY: COMPARATIVE ANALYSIS OF LEGAL DEVELOPMENT TRENDS

Abstract

The article analyzes the problems and trends of modern law, the emergence of which is due to the widespread use of new digital technologies. The article shows the factors causing the creation of high-tech law, capable of influencing the speed of consideration of cases in courts and the effectiveness of norms of procedural executive law. The emerging terminological problems are noted, in particular, it is concluded that the current legislation of the Russian Federation does not provide legal definitions of the concepts of «high technology», «digital environment», «digital law», «information technology». This leads to incorrect doctrinal interpretation and difficulties in applying the rules of law. The thesis is revealed that digital innovations can be widely introduced into the practice of lawmaking and law enforcement on the basis of the Federal Law «On experimental legal regimes in the field of digital innovations in the Russian Federation». It is noted that in the Russian Federation there is no effective mechanism for stimulating innovation processes, which should affect not only producers of innovative technologies, but also their consumers. The article analyzes the legislation on innovation and concludes that there is an imbalance between digital rights in the virtual absence of norms on the digital responsibilities of citizens and organizations. Based on the study of legislative and law enforcement experience of a number of countries in Europe and the USA, the author concludes that the branch of executive (judicial) law and especially evidence law has become the most receptive to new digital technologies, which can serve as a guideline for other areas of legal regulation. It is also concluded that the effectiveness of innovations in the digital environment in general and in law in particular is hampered by the unwillingness of participants in public relations to competently implement new digital technologies into everyday practices of the legal process. The theoretical conclusions of the present study are obtained through the application of the methods of ascent from the abstract to the concrete, deduction, analysis and transformation of concepts. In the legal aspect, the results related to the interpretation of the current legislation are due to the application of the method of comparative law and method of interpretation of legal norms.

Keywords

• law
• legislation
• digital rights
• innovative digital technologies
• law enforcement process
• principles of digit alization of la w