Digital Formalization and Russian Cyber Laws

Author Name(s): Aleksandr N. Shpagonov, Albina Sh. Khabibullina, Olga M. Rodionova, Grigory V. Kolodub
Author Email: shpagonovan@gmail.com

Abstract

Digital technologies are increasingly leading to the need for their reflection in law. On the one hand, social relations are changing, which are regulated by law, which inevitably entails the appearance in the legislation of indications of new facts that are associated with the emergence, change and termination of rights and obligations, their implementation and enforcement, the introduction of previously unknown objects and subjects of legal relations. On the other hand, the law itself is becoming more and more voluminous, since it is detailed by the legislator in response to the quantitatively increasing demands of members of the society for the most complete protection of their rights in conditions that have not previously existed. As a result, the relationship between the provisions forming the rule of law is lengthened and complicated, and their application, compliance, execution and use become difficult. Therefore, there are electronic reference and legal bases, Internet resources, programs for computer technology that provide orientation opportunities in the regulatory material. Algorithms and platforms are also created that act as a means of performing actions, the order of which is enshrined in law. Gradually, the law takes on a machine-readable look, and its full digital look is possible in the future. Problems in the field of digital formalization of civil law at the moment are associated with a lack of understanding in programming law as a multi-level system used in the regulation mechanism of public relations. Promising is the direction of scientific research as the “ontology of bills” or requests for dispute resolution. Such a mechanism shall contain words and expressions that people use when formulating a situation that has forced them to apply for legal regulation. It is possible to create ontology, within the framework of which the decision made by the court is stated in an understandable form. In any case, based on the results of this mechanism, one can get only a general idea of how the legally important relationships are reflected in laws. The accuracy of legal ontology can only be guaranteed on a dogmatic basis.

Introduction

Machine readability allows for an “inventory” of all legally established rules within a huge data set. Moreover, this opportunity can be used, first of all, to get rid of literal repetitions and contradictions in the texts of regulatory entries in the current law, which is already being implemented [1]. Of course, bearing in mind the power potential of computer technology, one shall count on more significant results. For example, to create a program similar to a calculator, where the actions subject to legal assessment are represented instead of the numbers one enter, and the result is the specified assessment based on the rule of law. In other words, it is the automatic selection of legal provisions related to the hypothesis, disposition and sanction of the rule of law, through which the qualification of a particular dispute and its resolution are possible. It seems that the creation of such a product would solve a number of problems of legal science and practice. However, in order to obtain such a result, which can be designated as creating a digital format of law, one should take into account the peculiarity of data that is extracted using the computer technology from various legal acts.

Conclusion

The problems of digital formalization that we have identified within the framework of the field of civil law are extremely relevant and debatable. Promising is the direction of scientific research as the “ontology of bills” or requests for dispute resolution. Such a mechanism shall contain words and expressions that people use when formulating a situation that has forced them to apply for legal regulation. In any case, with this approach, one will get only a general idea of how legally important relationships are reflected in the laws

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