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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 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 3, No 1 (2022)
View or download the full issue PDF (Russian)

EDITORIAL 

8-19 627
Abstract

The development of new technologies and the subsequent digitalization of the economy significantly affect legal relations, forcing us to rethink the usual institutions and establishing new problems that have not arisen before. The legal system can change, adapt and meet new challenges in two basic and interrelated ways: regulatory (that is, the adoption of new regulatory legal acts) and in the course of judicial resolution of legal conflicts that have developed within a particular dispute. The article provides an overview of the most significant cases considered by Russian courts in the field of digital law in 2021. A selection of court decisions was carried out in four areas of emerging judicial practice: 1) use of cryptocurrencies and other electronic currencies; 2) protection of intellectual property; 3) protection of personal data and information; and 4) violation of antitrust laws. The purpose of the article is to establish the current status of the development of law enforcement in the field of digital law in Russia and to demonstrate the multidirectional nature of legal relations, which are part of the subject area of digital law as an academic discipline. As a result, the main trends in the consideration of disputes by courts over the past year are determined.

ARTICLES 

20-31 176
Abstract

The digitalization of the economy provides additional opportunities for businesses to ensure their competitiveness, increase of the production of goods, works, services, and their export. However, in this case, risks and threats arise for other parameters of macroeconomic equilibrium, in particular, for the labor market. Thus, digitalization not only creates risks for jobs, as the replacement of human labor with capital within Industry 4.0 ensures the competitiveness of businesses but also forces workers to accept significantly worse working conditions. In 2021 in our study we noted the risks and threats to the labor market due to digitalization. In this article, we will describe possible solutions that can be implemented by state in the regulation of the labor market at the present stage of economic development and digitalization. The purpose of the article is to create an opportunity to establish a state digital platform on labor contracts as a basis for solving the following cases: compliance with the rules for drawing up labor contracts and fulfilling their conditions; compliance of online platforms with working hours; activation of the trade union movement, suppression of violations of the rights to meetings of trade unions on Internet platforms; establishment of the minimum wage and provision of guarantees for its payment to employees of Internet platforms; extension of the social security system to workers employed on Internet platforms (health, social and pension insurance, vacation pay). As a result, the research substantiates a necessity of creating the model of the state digital platform on labor contracts.

32-43 141
Abstract

The article examines the impact of digitalization on radioactive waste and spent fuel management in the EU. The purpose of the research is the legal mechanisms that launch new digital technologies to improve radioactive waste accounting and control over its management. To set the goals of the research, such methods of scientific knowledge as logical, system-structural and comparative legal analysis were used. New EU legal documents (EC Digital Strategy 2018 and Shaping Digital Future of Europe 2020) have triggered process digitalization in the EU. According to analysis the EU legal acts, the authors came to the conclusion that the EU Commission principles of digitalization are security, confidentiality, openness, transparency and simultaneity. EURATOM successfully applies digital 3D technology and simulation for dismantling planning of nuclear facilities. In turn, the European Commission uses digitalization applies to data collection and radioactive waste and spent fuel management in the EU Member States. In conclusion, it is determined that the EU has not yet adopted artificial intelligence act for radioactive waste and spent fuel management. However, the EU already has some experience. In the future the EU can adopt a new legal act that will summarize all the practice of the EC, EURATOM and EU Member States to regulate of digitalization in the EU radioactive waste management.

44-66 1935
Abstract

The year 2021 was a turning point in the development of digital art. The widespread use of a non-fungible tokens (NFT) in the art industry has revolutionized the modern understanding of intellectual property rights (hereinafter — IPR) and the transfer of IPR.

The role of agents as intermediaries between artists and art connoisseurs lost its importance, and so did the role of streaming services. Blockchain technology rewards creators for the sales of works on the secondary market and their subsequent use.

Today everyone heard of NFT. Nevertheless, what we know about NFT now is just the tip of the iceberg. The potential market for NFT is enormous: it goes far beyond the visual arts. It will only be a few years before we realize all the possibilities that NFT brings to the table.

The importance of an excellent legal framework for NFT is apparent. However, as it may seem, Russian legislation bypasses this aspect. Hence, is it possible to work with NFT in Russia? The answer to this question is significant for many who wish to be part of the international NFT market, such as museums, galleries, artists, musicians, entrepreneurs.

The purpose of the work is to substantiate the possibility of working with NFT in Russia in the absence of special legal regulation.

The authors, using systematic, deductive and comparative research methods, designate the place of NFT in the system of legislative regulation of digital assets. Using an empirical method, the authors demonstrate the feasibility of overcoming the legal hardships of NFT transactions in Russia on the examples of successful projects of tokenization of masterpieces of the State Hermitage Museum, works of other museums, private collections, and creations by young Russian artists.

The result of the work is the justification of the feasibility of working with NFT in Russia in the absence of special legal regulation and the formation of such a model for structuring transactions with NFT, which fully complies with the requirements of Russian legislation.

The materials of the research used domestic and foreign experience of tokenization of digital art objects, as well as domestic and foreign literature on legal problems of NFT.

BOOK REVIEWS 

67-68 109
Abstract

Review of a book Breznitz, D. (2021). Innovation in real places: Strategies for prosperity in an unforgiving world. Oxford University Press. https://doi.org/10.1093/oso/9780197508114.001.0001

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.

More News...


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