Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy

DOI

10.2991/aebmr.k.210222.019How to use a DOI?

Keywords

centralized management, the concept of legal consciousness, digital rights, digitalization of the economy, legal law, law and legislation

Abstract

The author analyses various approaches to understanding the legal consciousness that have recently been observed in Russia. The analysis focuses on the ways of how various views shape the concepts of the legal framework and corresponding requirements necessary for the effective promotion of the digital transformation of the Russian economy. There is an opinion that the successful outcome of the ‘digital environment’ project will be determined by the nature of the competition between two rivaling principles: the centralized and the decentralized. The outcome can be positively influenced by the law but subject to certain transformations of understanding of the law by users. It’s assumed that the influence of the positivist approach makes it difficult for the Russian legislators to decide on the proper definition of the ‘digital rights’ concept. In this regard, a ‘digital right’ is viewed as a subjective right with a high level of discretion of the right holder, capable of providing effective regulation where it comes to: the ‘virtual nature’ of relations that do not fit into the traditional framework of physically visible areas of jurisdiction. A liberal and individualistic approach to understanding the law is viewed as desirable. This approach has been dominating in today’s modern theory and practice. It makes it possible to successfully define digital rights, which is determined by their ability to allow the participants of relations to set the rules of conduct in a decentralized manner, making them beneficial for themselves (in their own interests). The participants are consciously becoming fully accountable for the outcome.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - S. Vasiliev
PY  - 2021
DA  - 2021/02/24
TI  - Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy
BT  - Proceedings of International Scientific and Practical Conference “Russia 2020 - a new reality: economy and society” (ISPCR 2020)
PB  - Atlantis Press
SP  - 93
EP  - 97
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.210222.019
DO  - 10.2991/aebmr.k.210222.019
ID  - Vasiliev2021
ER  -