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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 4 (2021)
View or download the full issue PDF (Russian)

ESSAYS 

8-19 188
Abstract

Technical and information progress undoubtably have an influence on the trade market and the consumer service sector of the modern economy. The sphere of taxi companies is no exception. When a user downloads a taxi-aggregation company’s application and orders a taxi, using its information about a carrier, this causes uncertainty in the qualifcation of the legal relationship between aggregator, carrier, and consumer. This ambiguity becomes critical if non-performance of the contract causes injury or non-pecuniary loss to a passenger. In this case, a concurrence arises between contact and tort qualifcation of the claim against the carrier and/or aggregator. The essay examines approaches to the distribution of liability between the aggregator, the carrier, and other persons who could contribute to causing harm, from the point of view of contract and tort law.

20-39 122
Abstract

The article is devoted to the opportunities and key contradictions of the Russian state healthcare system digitalization project implementation. The authors analyze various aspects of the system digitalization algorithms in light of the federal project “Creation of the Single Digital Circuit in Healthcare based on the Unified State Health Information System”. The aim of the article was to identify problems within goal-setting, documentation development, and practical implementation of the healthcare system digitalization project, as well as to come up with proposals for eliminating these issues. The analysis showed the inefficiency of the expensive healthcare system digitalization project, which has both objective and subjective reasons for its low effectiveness. The authors come to the conclusion that it is necessary to eliminate a number of contradictions and barriers in the framework of the project implementation in order to increase the efficiency of both the healthcare system itself and the high budget federal project of the economy digitalization as a whole. The practical significance of the article consists in the applicability of proposed approach to making the necessary amendments to the current federal project documentation, which will ensure a focus on real needs within the framework of the initiative implementation. The work may be of interest to civil servants, initiators of projects on the healthcare system digital transformation, governmental bodies, healthcare organizations managers, students, and practitioners.

ARTICLES 

40-50 202
Abstract

This article has been prepared for the research purpose of identifying, disclosing, and justifying certain trends in the development of civil law and procedures in the context of the spread of smart contract practices and the expansion of their spheres of application. At the moment, there is no uniform approach to choosing an optimal form for the legal regulation of smart contracts within the system of contract law in modern legal systems or international law; meanwhile, globalization and the digitalization of the economy imply the growth of cross-border transactions. The emergence of smart contracts is due to the development of e-commerce, in which the parties’ interactions are carried out electronically instead of in physical exchanges or direct physical contact. Smart contracts gaining popularity in circulation are based on two interrelated elements: firstly, they eliminate a person’s direct participation in some or all cases of executing the agreement using an automated code designed for execution without reference to the intentions of the contracting parties after publication; secondly, they make use of decentralized blockchain technology, and also provide automatic code execution without any party’s potential intervention, so as to eliminate or reduce the self-control and third-party control of the commitment.

This study examines the content, conclusion, validity, protection of rights and legitimate interests of the parties, interpretation, and legal nature of smart contracts. The research materials used foreign experience in resolving disputes from smart contracts on digital platforms (Kleros, JUR, Aragon Network Justice, OpenCourt, OpenBazaar), as well as domestic and foreign literature on smart contracts. This research has been prepared based on general (deduction, dialectical analysis, intersectoral relations of objects) and specialized (comparative-legal, economic-legal) methods of scientific experimentation.

The authors conclude that there are no grounds for considering a smart contract as a new classification element of the system of contractual regulation (type or kind of contract). In addition, the analysis shows that the resolution of smart contract disputes through digital platforms remains radically uncertain, and currently is not creating obvious advantages in comparison with traditional judicial proceedings.

51-60 123
Abstract

Within the framework of this article, the author considers the features regarding the application and use of artificial intelligence (AI) in medical practice. This includes complex issues related to the personal liability of a doctor when making decisions on diagnostics and treatment based on an algorithm proposal (a system for supporting medical decisions), as well as possible options for the responsibility of the algorithm (AI) developer. The analysis provides an overview of the existing system for holding medical professionals accountable, as well as an assessment of possible options for the distribution of responsibility in connection with the widespread introduction of AI into the work of doctors alongside the possible introduction of AI into standard medical care. The author considers the possibility of establishing more serious requirements for the collection of information on the side effects of such devices for an AI registered as a medical device. Using the method of legal analysis and the comparative legal method, the author analyzes the current global trends in the distribution of responsibility for harm in such cases where there is an error and/or inaccuracy in making a medical decision; as a result of this, the author demonstrates possible options for the distribution of the roles of the healthcare professional and AI in the near future.

BOOK REVIEWS 

News

2021-10-01

All-Russian Scientific and Practical Conference "Asset Management - 2021"

On December 15, MGIMO-University will host the All-Russian Scientific and Practical Conference "Asset Management - 2021" (AM-2021). The conference is organized by the Asset Management Department with the support of the Region Group of Companies.

The agenda of this year's conference is "Priorities for the New Economy: Energy Transition 4.0 and Digital Transformation". The conference is an open platform for discussion on topical aspects of managing various assets in the modern economy.

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