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Law Making in the Conditions of Algorithmization of Law
Author(s) -
Sergey Zenin,
Д. Л. Кутейников,
Osman Izhaev,
И. М. Япрынцев
Publication year - 2020
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2020.164.7.097-104
Subject(s) - principle of legality , computer science , normative , law , scope (computer science) , code (set theory) , legal research , political science , programming language , set (abstract data type)
The paper is devoted to the study of law and computer algorithms as tools regulating social and technical processes. The purpose of this work is to study the possibilities of using computer code to regulate public relations, as well as the impact of this process on traditional legislative procedures. The paper puts forward the thesis that computer code regulating technical processes can be used to a certain extent in the legal sphere of activity. To use computer code in law making, it is necessary to define the scope of legal regulation, develop an appropriate programming language and adopt a system of internal and external code audit measures that will ensure transparency, legality of the code and, as a result, public confidence in the adopted normative legal acts. One example is smart contracts used in certain areas. The authors have studied various approaches to the definition of the term "smart contract" and formulated an integrative definition of this concept. When using a smart contract in the legal sphere, this term should be understood as a legally binding contract drawn up in the form of computer code and supported by appropriate legal remedies. In this paper, the authors investigate the possible consequences of using computer code in law making and propose a number of additional measures (requirements) to the procedure for adopting regulatory legal acts. The authors summarize that law is to a certain extent an algorithm, which means that the same methods can be used to regulate public relations that are used in the technical sphere to fix the sequence of various operations. 

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