Junzo Iida

Цифровое право, Год журнала: 2020, Номер №2, С. 8 - 16

Опубликована Июль 20, 2020

Whilst the DX policy of the Japanese government started in 2001, then called the E-Japan Strategy and being replaced a few years later by the i-Japan Strategy, in the 20 years since then IT has not been a success in Japan’s administrative system. On the other hand, the private sector, concerned about Japan’s lagging in its adoption of information technology, has been gradually moving forward to DX measures, such as electronic contracts. Then, this year, the COVID-19 pandemic broke out. Japan is (as of July 2020) about to experience a second wave of this disease. The need for DX has …

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Osipov Vladimir S.

Цифровое право, Год журнала: 2020, Номер №2, С. 28 - 40

Опубликована Июль 20, 2020

The subject of the research is the transformation of the state institution under the influence of the digital revolution. The choice of topic is determined by the transition of the state institution from bureaucratic to service and from service to digital. This transition entails significant changes in the methods of regulating public relations, the forms of state participation in the life of citizens, as well as the architecture of interaction between state, business and society in the new environment. The aim of the research is to create and justify a model of digital public administration, in which the necessary access …

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Prudentov Roman V.

Цифровое право, Год журнала: 2020, Номер №2, С. 41 - 52

Опубликована Июль 20, 2020

This paper focuses on identifying key legal considerations and developments in the area of surveillance in Europein human rights, with its emphasis on the jurisprudence of the European Court of Human Rights. The aim of this research was to enhance and align law and practices in this area in Russiaand Europe. The author analysed the core and most novel Court cases that may be applicable to the subject matter, including by analogy, as well as the latest research in this area. This paper considers, inter alia, ability to challenge relevant law and practices in abstracto, legitimate aims justifying interference, the …

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Salikhov Damir R.

Цифровое право, Год журнала: 2020, Номер №2, С. 17 - 27

Опубликована Июль 20, 2020

“Regulatory sandboxes” are regarded as a special mechanism for setting up experimental regulation in the area of digital innovation (especially in financial technologies), creating a special regime for a limited number of participants and for a limited time. Russia has its own method of experimental regulation, which is not typical but may be helpful for other jurisdictions. There are three approaches to legal experiments (including digital innovations) in Russia. The first approach is accepting special regulation on different issues. There are recent examples of special laws (e.g. Federal Law on the experiment with artificial intelligence technologies in Moscow). An alternative …

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Sidorenko E.L.,

von Arx P.

Цифровое право, Год журнала: 2020, Номер №1, С. 24 - 38

Опубликована Апрель 20, 2020

The subject under analysis is the peculiarities around the legal regulation of digital technologies and products arising from digital technologies. The choice of this topic was predetermined by the active development of digital services and digital financial assets, and the necessity to adapt modern legislation to the needs of the digital economy. Despite the fact that several strategies for the development of digital law are being worked out at the level of international organizations, neither in theory nor in practice is there a single understanding of the legal nature of digital technologies and the foundations of their legal regulation. From …

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Goncharov Alexander Ivanovich,

Sadkov Vitaly Andreevich,

Davudov Davud Akhmedovich,

Sadkov Andrey Nikolaevich

Legal Issues in the Digital Age, Год журнала: 2023, Номер №2, С. 4 - 25

Опубликована Июль 24, 2023

The information society of our time is characterized by large-scale and intensive use of computer technologies in most areas of economic relations. Many procedures of interaction between people and business entities are computerized and digitized. Remote technologies used on the Internet allow groups of people, in particular, to perform mathematical calculations and use the data obtained in the interests of participants in such collective calculations. The totality of such electronic data in the Russian Federation is legitimized as a digital currency. The legal content and place of digital currency in property turnover and the system of its state regulation seems …

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Tereschenko Lyudmila Konstantinovna,

Starodubova Оlesya Evgenievna,

Nazarov Nikita Alekseevich

Legal Issues in the Digital Age, Год журнала: 2023, Номер №2, С. 158 - 175

Опубликована Июль 24, 2023

The paper provides a review of the research workshop “New Information Technologies and Data Security” took place on 23 May 2023 at the Institute of Foreign Legislation and Comparative Law (ILCL). The authors reflect the keynotes of the reports made by representatives of the Institute of Legislation and Comparative Law, Kutafin Moscow State Law University, National Research University–Higher School of Economics (NRU-HSE), Moscow State Lomonosov University (MGU), Plekhanov State University of Economics, Moscow State City Pedagogical University, etc. The paper provides an insight into the legal issues under discussion: concept and meaning of data security in the current environment; development …

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Danilov N.A.

Legal Issues in the Digital Age, Год журнала: 2022, Номер №4, С. 67 - 87

Опубликована Дек. 14, 2022

The article deals with the development issues of e-government and e-governance in Russia and elsewhere. In modern society the social relationships appeared to be as evolving under the notable impact of information and communication technologies. The functioning of the state also changes in a number of aspects, with all three branches of governance affected by transformations. Executive authorities are subject to the most significant changes. With the emergence of e-government in countries with different political and legal traditions, the procedure for the provision of public and municipal services is changing and executive authorities become more transparent. The ongoing processes have …

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Bogdanovskaya Irina Yurievna

Legal Issues in the Digital Age, Год журнала: 2022, Номер №4, С. 4 - 13

Опубликована Дек. 15, 2022

In the prefatory article, the author analyzes the general legal aspects of e-government. As a complex phenomenon, e-government has to be studied on the basis of multi-disciplinary approach including technical, sociological and legal. It is such approach that allows to reveal its essence. However, each multi-disciplinary approach has to be specifically developed. As regards the legal approach, it will be shaped by the changing social relationships brought about by IT technologies. The legal analysis amounts, in its turn, to the formal logical, historical and comparative legal methods. The formal logical method allows to analyze the law which supports the development …

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Talapina Elvira Vladimirovna

Legal Issues in the Digital Age, Год журнала: 2022, Номер №4, С. 34 - 51

Опубликована Дек. 14, 2022

The right to informational self-determination, as the authority of the individual to decide fundamentally for herself, when and within what limits personal data may be disclosed, was formulated by German jurisprudence and has become a model for many States as well as for European Law in general. It is seen as a necessary tool for maintaining a vibrant democracy, on the basis that privacy is an “integral part” of society. The basis for the judicial decision was the Kantian theory of the moral autonomy of the individual. This explains the close connection of judicial reasoning with human rights and their …

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