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Digital Law Journal

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The purpose of the Digital Law Journal is to provide a theoretical understanding of the issues that arise in Law and Economics in the digital environment, as well as to create a platform for finding the most suitable version of their legal regulation.

This aim is especially vital for the Russian legal community, following the development of the digital economy in our country. The rest of the world has faced the same challenge, more or less successfully; an extensive practice of digital economy regulation has been developed, which provides good material for conducting comparative research on this issue.

Theoretically, "Digital Law" is based on "Internet Law", formed in English-language scientific literature, which a number of researchers consider as a separate branch of Law.

The journal establishes the following objectives:

  • Publication of research in the field of digital law and digital economy in order to intensify international scientific interaction and cooperation within the scientific community of experts.
  • Meeting the information needs of professional specialists, government officials, representatives of public associations, and other citizens and organizations; this concerns assessment (scientific and legal) of modern approaches to the legal regulation of the digital economy.
  • Dissemination of the achievements of current legal and economic science, and the improvement of professional relationships and scientific cooperative interaction between researchers and research groups in both Russia and foreign countries.

The journal publishes articles in the following fields of developments and challenges facing legal regulation of the digital economy:

  1. Legal provision of information security, and the formation of a unified digital environment of trust (identification of subjects in the digital space, legally significant information exchange, etc.).
  2. Regulatory support for electronic civil turnover; comprehensive legal research of data in the context of digital technology development, including personal data, public data, and "Big Data".
  3. Legal support for data collection, storage, and processing.
  4. Regulatory support for the introduction and use of innovative technologies in the financial market (cryptocurrencies, blockchain, etc.).
  5. Regulatory incentives for the improvement of the digital economy; legal regulation of contractual relations arising in connection with the development of digital technologies; network contracts (smart contracts); legal regulation of E-Commerce.
  6. The formation of legal conditions in the field of legal proceedings and notaries according to the development of the digital economy.
  7. Legal provision of digital interaction between the private sector and the state; a definition of the "digital objects" of taxation and legal regime development for the taxation of business activities in the field of digital technologies; a digital budget; a comprehensive study of the legal conditions for using the results of intellectual activity in the digital economy; and digital economy and antitrust regulation.
  8. Legal regulation of the digital economy in the context of integration processes.
  9. Comprehensive research of legal and ethical aspects related to the development and application of artificial intelligence and robotics systems.
  10. Changing approaches to training and retraining of legal personnel in the context of digital technology development; new requirements for the skills of lawyers.

The subject of the journal corresponds to the group of specialties "Legal Sciences" 12.00.00 and "Economic Sciences" 08.00.00 according to the HAC nomenclature.

The journal publishes articles in Russian and English.

The journal will publish quarterly, thereby releasing 4 issues per year.

Current issue

Vol 2, No 2 (2021)
View or download the full issue PDF (Russian)

WELCOME NOTE 

NOTE 

10-13 448
Abstract

Nowadays, the establishment of peaceful cooperation between nations depends on the development of digital economy and its regulation. To a certain extent, this new reality challenges the basic principles of the old world and defines some new rules to which humankind is supposed to adapt. On May 13 during his visit to Moscow, Russia, the United Nations Secretary-General António Guterres was welcomed at MGIMO-University and conferred an Honorary Doctor degree. Following the ceremony, as is tradition, the Secretary-General delivered a doctoral lecture to students and faculty. TheSecretary-General touched on the subject of the consequences of digitalization, its impact on human rights protection and the role of the international community in the era of digital revolution.

ARTICLES 

14-30 336
Abstract

Calls to rethink the content of “legal personhood” are increasingly being heard at the present time: to recognize animals, artificial intelligence, etc. as a subject. There are several explanations for this: firstly, a change in ideas about a person and their position in society, and secondly, attempts to rethink the traditional categories of law. Throughout long periods of history, the definition of legal personhood depended on the definition of subjective right; the subjective right was associated with the legally significant will of the person. Consequently, a change in views on the will theory of subjective right inevitably lead to a revision of the content of the person. The main purpose of this article is to determine the essence of the legal personhood. To do this, using the historical method, the evolution of ideas about the legal personhood is revealed. It is argued that Hohfeld’s approach to understanding subjective-legal structures made it possible to look differently at the content of the category of legal personhood: it became possible to recognize animals or artificial intelligence as the owners of various subjective-legal categories. Nevertheless, the logic of modern commentators, as well as supporters of such a flexible approach to the definition of legal personhood, is not free from shortcomings. Using the method of analytical jurisprudence, the author demonstrates the emerging problems.

31-44 525
Abstract

The paper compares and analyzes the experiences leading states have had in robotics regulation; on the basis of the identifi best practices, proposals are formulated for Russia in the corresponding fi d. The relevance of the research is determined by the rapid growth of the global robotics market over the last decade, as well as the introduction of robots in the widest range of human activities. The leading countries in the international robotics market were selected using the benchmarking method. A comparative analysis of the regulation in the fi d of robotics was conducted through a comparison matrix composed of several criteria. The criteria included the existence of regulations and a national program for the development of robotics, the presence of responsible government bodies or organizations, and sectoral “regulatory sandboxes”. It was discovered that, of the four studied countries (the Republic of Korea, Japan, Germany, and Russia), only one has all the components of the robotics regulation system. The authors formulated certain recommendations aimed at improving the corresponding domestic regulation system. In particular, considering the best practices of foreign countries, the parties concerned are encouraged to adopt a sectoral normative legal act, as well as to establish a specialized state agency.

45-64 189
Abstract

The article analyzes the problem of using digital technologies and the online space within the framework of labor law, based not only existing regulatory legal acts but also legislative drafts in the field of the digitalization of labor relations. Therewithal, the purpose of the study is to generalize current and future Russian legislation, to manifest the contradictions and gaps in the legislation, to evaluate laws and regulations from a practical point of view, and to elaborate proposals for their improvement. For this purpose, the authors take into account the existing experience gained in the course of experiments on the introduction of electronic document management by individual employers. The achievement of the research goals is ensured by the use of the formal legal method. First of all, the article draws attention to the tendency of expanding the differentiation of the labor regulation, caused by many factors, including the informatization of all social relations. It is concluded that the transition to an innovative, socially-oriented economy is impossible without a flexible labor market with new areas of employment, including employment through the use of information technology resources. Analyzing the practical aspects of electronic workflow, the article covers the theoretical aspect of the existence of the so-called “information legal relationship” in the subject of labor law. The analysis of the legislative drafts and the current legislation focuses on controversial wording and emphasizes that their incorrectness creates high risks of labor disputes. The authors insist that when introducing an electronic workflow, the parties should be provided with an alternative to the actions. The authors defend the view that it is necessary to clarify the scope of information transmitted by the employer to the Pension Fund of the Russian Federation when maintaining electronic employment record books with regard to the inclusion of information about employee awards in them. They also propose determining the procedures of the formation of human resources services in the Labor Code of the Russian Federation. As a final point, it is concluded that all the proposed initiatives are aimed at ensuring the tasks of the state for the introduction of digital technologies in all areas of social life, including in labor relations, and, ultimately, at achieving the optimal balance between the interests of the parties of the labor relations and the interests of the state, which is the main goal of labor legislation.

BOOK REVIEWS 

65-70 169
Abstract

Review of a book:  

Lee, J-.A., Hilty, R., & Liu, K-.C. (Eds.). (2021). Artificial intelligence and intellectual property. Oxford University Press. https://doi.org/10.1093/oso/9780198870944.001.0001

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