Actual Problems of
Economics and Law




DOI: 10.21202/1993-047X.15.2021.1.5-14

скачать PDF

Authors :
1. Olga A. Makarova, Doctor of Law, Associate Professor of the Department of Commercial Law
Saint Petersburg State University

2. Aleksandr D. Makarov, Doctor of Law, Doctor of Economics, Professor, Professor of the Department No.1 (Organization of material-technical provision)
Military Academy for Material-Technical provision named after A. V. Khrulev

Status and prospects of digital legislation development

Objective: to analyze the totality of normative legal acts regulating public relations in the sphere of digital technologies and digital legislation, to determine the legal methods of regulating these relations, as well as the prospects for the digital legislation development.

Methods: a formal legal approach, as well as a method of literal interpretation of the provisions of the current legislation. Since digitalization as the introduction of digital technologies in various spheres of life helps to make decisions, on the one hand, without human participation, but, on the other hand, affecting many aspects of social life (healthcare, culture, education, labor, etc.), the study used communicative and anthropological approaches from the viewpoint of assessing the digital legislation impact on human rights and the legitimate rights and interests of citizens, as well as information perception of the digital legislation norms.

Results: based on the analysis of normative legal acts regulating public relations in the field of digital technologies, a conclusion is made about the formation of digital legislation as a complex branch of legislation of the new digital reality that regulates social relations in the field of numbers, algorithms, big data, etc. The authors revealed that in the process of regulating relations in the field of digital technologies the legislator uses different methods: stimulating, limiting, dispositive. It is proposed to consider digital legislation as a functional legislation that ensures the implementation of the norms of other branches of legislation: investment legislation (attracting investments through an investment platform), legislation in the field of financial services and securities market, legislation in the field of medical services, etc.

Scientific novelty: the article formulates the concept of digital legislation, which is understood as a complex legislation that combines the norms of private and public law and defines the methods of regulating relations arising in the field of digital technologies.

Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities, as well as in the practice of applying the norms of digital legislation.

Keywords :

Digital economy; Digital legislation; Digital rights; Smart contract; Digital financial assets; Distributed ledge; Information system operator

Bibliography :

1. Solovyanenko N. Legal regulation of e-workflow: international practice, Information Security, 2010, No. 6, pp. 28–30, available at: https://lib.itsec.ru/articles2/pravo/zakonodatelnoe-regylirovanie-edo-mejdynarodnaya-praktika (access date: 12.12.2020).
2. Loshkarev A. V., Tarasov V. V. Foreign experience as a means of improving the Russian legislation in digital economy regulation, Nauchno-prakticheskii elektronnyi zhurnal Alleya Nauki, 2018, Vol.1, No. 9, pp. 446–449, available at: https://alleyscience.ru/domains_data/files/Oct18Journal/1_TOM OCt.pdf (access date: 12.12.2020) (in Russ.).
3. Egorova M. A. Legal regulation of digital economy under the modern conditions of high-tech business development in the national and global contexts, monograph, eds. V. N. Sinyukov, M. A. Egorova, Moscow, Prospekt, 2021, 240 p. (in Russ.).
4. Digital law, eds. V. V. Blazheev, M. A. Egorova, Moscow, Prospekt, 2020, 640 p. (in Russ.).
5. Korsik K. A. Digital rights as new objects of civil rights and new rules on observing the written form of a transaction, Notarial'nyi vestnik, 2019, No. 4, pp. 2–3 (in Russ.).
6. Kvanina V. V., Savenko N. E. Digital rights in the system of proprietary items, Journal of Entrepreneurship and Corporate Law, 2020, No. 3 (19), pp. 14–18 (in Russ.).
7. Agibalova E. N. Digital rights in the system of civil rights objects, Yuridicheskii vestnik DGU, 2020, Vol. 33, No. 1, pp. 90–97 (in Russ.). DOI: 10.21779/2224-0241-2020-33-1-90-99
8. Kamyshanova A. E., Dementyeva I. V., Kameneva P. V. Digital rights in Russian civil law, Law and State: The Theory and Practice, 2020, No. 6, pp. 73–75 (in Russ.).
9. Andreev V. K. About the concept of digital rights and their transferability, Journal of Entrepreneurship and Corporate Law, 2018, No. 2, pp. 38–41 (in Russ.).
10. Shaidullina V. K. Economic and legal issues of financial services regulation in Russian Federation within the framework of joining the world trade organization, Baltic Humanitarian Journal, 2019, Vol. 8, No. 1 (26), pp. 367–370 (in Russ.).
11. Pankina T. V. Digital commerce and digital trade: approaches to classification, Vestnik of the Plekhanov Russian University of Economics, 2008, No. 5, pp. 80–81 (in Russ.).
12. Solovyanenko N. Legal regulation of digital trade and digital signature (international experience and Russian practice), Business and Law, 2003, No. 1, pp. 27–37 (in Russ.).
13. Kusaeva A. R. Civil-legal regulation of deals completed in an electronic form under the digital economy, Yustice, 2018, No. 3, pp. 22–24 (in Russ.).
14. Efimova L. G. The concept and legal aspects of electronic contracts, Zakony Rossii: opyt, analiz, praktika, 2019, No. 7, pp. 84–90 (in Russ.).
15. Bogustov A. A. Electronic form of a contract in the national law of the countries – members of the European Union (by the example of the Polish legislation), Pravo v sfere Interneta: sbornik statei, ed. M. A. Rozhkova, Moscow, Statut, 2018, p. 528 (in Russ.).
16. Analytical review on “Smart contracts”, October 2018, TsB RF, available at: http://www.сbr.ru (access date: 12.12.2020) (in Russ.).
17. Vaipan V. A., Egorova M. A. (eds.). Legal regulation of economic relations under the modern conditions of digital economy development, monograph, Moscow, Yustitsinform, 2019, 376 p. (in Russ.).

Citation :

Makarova O. A., Makarov A. D. Status and prospects of digital legislation development, Actual Problems of Economics and Law, 2021, Vol. 15, No. 1, pp. 5–14 (in Russ.). DOI: http://dx.doi.org/10.21202/1993-047X.15.2021.1.5-14

Type of article : The scientific article

Date of receipt of the article :

Date of adoption of the print :

Date of online accommodation :