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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 legal community, following the development of the digital economy. An extensive practice of digital economy regulation has been developed all over the world, 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 worldwide

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 Journal has been included in the index of the Higher Attestation Commission (VAK) of the Ministry of Education and Science of the Russian Federation. The subject of the journal corresponds to the group of specialties "Legal Sciences"  and "Economic Sciences".

The journal publishes articles in Russian and English.

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

Current issue

Vol 4, No 2 (2023)
View or download the full issue PDF (Russian)

INTERVIEW 

ARTICLES 

15-39 167
Abstract

Satellites are increasingly used for remote sensing, aiding in disaster management, however they also raise privacy concerns. Despite the existence of international instruments such as the Outer Space Treaty, Principles Relating to Remote Sensing of the Earth from Outer Space and International Charter Space and Major Disasters, there are no specific rules addressing satellite misuse leading to privacy breaches during natural disasters. This article ex- amines the existing legal frameworks for satellite regulation and privacy in Australia and Indonesia, two disaster- prone countries, with the aim of determining their adequacy for addressing privacy concerns arising from satellite use during natural disasters. By conducting a comparative analysis of both legal frameworks vis-à-vis relevant international law, this article highlights the gaps that affect their applicability and effectiveness. It finds that inter- national rules on the use of satellites for remote sensing activities generally lack binding force, and do not address the issue of privacy breaches resulting from satellite misuse. Both countries also lack specific legal frameworks addressing privacy breaches caused by satellite misuse during disasters. It recommends that in the absence of unequivocal and specific provisions under international law, both countries could review and rely on their national legal frameworks to address potential privacy issues due to advancing remote sensing capabilities. The provision of Article VI of the Outer Space Treaty requires states to authorise and ensure continued supervision of activities of non-governmental entities in outer space. This provision could be relied on to impose, through the instrumentality of domestic laws, restrictions, or conditions on space activities, including privacy provisions. Existing space legislation requiring liability insurance could also be extended to include privacy provisions.

40-63 57
Abstract

This paper analyzes the form of transactions made with the use of electronic and other technical means (electronic form). The research aims to determine the essential features and develop an optimal model of regulation of electronic transactions form, considering foreign experience, theoretical advances, and judicial practice. The relevance of the study is explained by the increasing number of e-transactions which require adequate legal regulation and law enforcement practice. The author consecutively describes internationally recognized regulatory principles of electronic transactions form (non-discrimination, technological neutrality, functional equivalence) and their implementation in Russian and foreign law. In addition, the author analyzes the issue of the correlation between the written and electronic forms, considers and rejects arguments in favor of singling out electronic methods of will formation as an independent (sui generis) form of transactions. Considering the current Russian judicial practice and foreign experience, the study determines the criteria and methods of reliable determination of a person effecting an electronic transaction. On the grounds of dogmatic and political arguments, the overly formalistic idea that the use of a qualified electronic signature is the only way of such identification is rejected. The author also formulates an optimal interpretation of the Russian Civil Code requirement on the reproducibility of the electronic transaction content on a tangible medium unchanged. Based on the results of the study, practical recommendations are described to help judges make fair and reasoned decisions in specific situations interpreting the provisions of the Russian Civil Code on the electronic form of transactions.

64-72 37
Abstract

The rapid development of biotechnologies requires taking comprehensive steps to actualise and consolidate actions. In order to introduce new technologies into life in the most rapid and appropriate way, it is imperative to establish mechanisms and instruments that meet contemporary challenges. This article presents an overview of institutional innovations of the European Union, which create favourable conditions, including for the protection of research results in the field of biotechnology. At the same time, this paper highlights new risks arising from the “information hunt” implicitly announced in the field of biotechnology. Particular attention is paid to the efforts to cooperate and harmonise approaches to the protection of intellectual rights in the biotechnology realm by the European Union and the European Patent Organisation. For the purposes of this article, one of the key factors in considering the new European Unitary Patent System through a biotechnologies perspective is the fact that the acts governing the activity contain distinctive provisions that are specific to biotechnologies. The latter manifests both in the acts introducing the System and in the current format of the Unitary Patent Court. The article states that the EU is endeavouring to provide the new institution with digital tools. Such tools are provided both at the stage of familiarising oneself with the rules and procedures of the Unified Patent Court and for performing key actions when dealing directly with a European unitary patent. However, the digitalisation of some procedures entails certain risks, primarily related to data security (e.g., sensitive development data or personal data of people involved in biotechnological developments may be made public). Once biotechnology development data are lost, there are serious consequences, both financial and scientific. In this regard, the article points out what protection formats are currently proposed and indicates that there is a need to further develop this field.

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News

2022-05-30

Results of the Competition of the Research Papers on Digital Law 2022

The editorial team of the Digital Law Journal has summed up the results of the Competition of the Research Paper on Digital Law.

97 authors have submitted their manuscripts from Brazil, Germany, Georgia, Italy, Kazakhstan, the Netherlands, Russia, the USA and Switzerland.

At the first stage, from April 30 to May 30, the experts considered abstracts of manuscripts. Then leading Russian and foreign experts in the field of digital law examined the received materials in the process of blind peer review.

The editorial board, taking into account the received reviews, determined the winners of the Competition. All winners get the opportunity to publish their manuscripts in the journal, and the authors who take 1st to 3rd places receive a monetary reward.

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