THE TERM “DIGITAL LAW” IN DOCTRINE AND LEGAL TEXTS

Abstract

The legal system of Russia in recent decades has clearly faced the challenges of the global electronic economy. They are connected primarily with the fact that many groups of legal relations, which traditionally existed in the “material” form, are moving into cyberspace. It is not only about the large-scale digitalization of the sphere of sale and purchase, but also about those areas of law in respect of which their transfer to the Internet has never been assumed before (public services, electronic suffrage, etc.). If we add to this the criminal manifestations of the new digital reality, the problem stated will become even more obvious.

The absence of any comprehensive legal regulation in this area or a minimal set of basic legal terms makes domestic legislation unprotected against the rapidly developing Internet law. The article proposes the authors’ understanding of the main problematic issues of the modern digital economy, as well as outlines measures for the state’s prompt interference in the most relevant areas of digital law: blockchain, cryptocurrency, smart contract, identification of Internet users and resolution of intranet disputes, cyber security and computer crime prevention. Modern Russia has obviously been among the countries lagging behind underway towards the world economy. The task, however, does not at all imply a simple copying of foreign legal experience or mechanical transference of it onto home grounds. It is necessary to come up with an original model of legal regulation of the problem. The formulation of the concept of “digital law” should be the first step towards creating such a model.