Open AccessBig Data in the Legislative Process
Author(s) -
Sergey Zenin,
Д. Л. Кутейников,
И. М. Япрынцев
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.118.9.019-031
Subject(s) - legislature , big data , legislative process , process (computing) , field (mathematics) , certainty , jurisprudence , legal certainty , data protection act 1998 , computer science , data science , business , political science , law and economics , management science , law , computer security , engineering , sociology , data mining , epistemology , mathematics , philosophy , pure mathematics , operating system
The paper elucidates possible directions of the use of the big data technology in the framework of legislative activities. The authors determine essential characteristics of the big data technology, which act as a prerequisite for its implementation in the field of public administration. The authors describe the existing practices of implementation of this technology in the field of jurisprudence. Taking into account the well-established processes of using big data in the private sector, the authors evaluate the prospects of using this experience in the process of developing regulatory legal acts, including their correlation with specific stages of the legislative process. Particular attention is paid to the analysis of individualized regulation and granular norms, as well as to the grounds and features of the use of microdirectives as a result of the use of big data in rules of law formation. In conclusion, the authors enumerate a number of problematic aspects (the problem of legal certainty, ensuring the principle of equality), which are exacerbated by the use of the big data technology in legislative activities, and substantiate application of a number of additional requirements that help to minimize these threats.