Open AccessLimits and variability of the use of digital forms (tools) in the legal profession and advocacy: approaches and methods
Author(s) -
О. В. Поспелов
Publication year - 2021
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2020.75.11.088-095
Subject(s) - normative , government (linguistics) , context (archaeology) , political science , information society , state (computer science) , digital transformation , control (management) , sociology , engineering ethics , public relations , law , law and economics , computer science , artificial intelligence , engineering , paleontology , philosophy , linguistics , algorithm , biology
The article deals with the problem of ensuring human control over the digital environment, which penetrates into all spheres of society, and the role of the legal profession in solving this problem. The doctrinal elaboration of the topic of the article is presented by an analysis of the ethical traditions and ideas about proper law practice that have historically developed in the domestic legal profession, which form the basis of the generally accepted theory (methodology) of the legal profession, and are manifested in the use of the method of lawyer control over the state’s compliance with legal norms in the context of the massive introduction of information (digital) technologies that signifi cantly change the forms of implementation of law in Russia. The normative elaboration of the topic of the article is revealed through the analysis of the Concept for the development of regulation of relations in the fi eld of artifi cial intelligence and robotics technologies until 2024, approved in 2020 by the Government of the Russian Federation, which refl ects the basic provisions of the normative regulation of the digital transformation of public relations in our country. The most important aspects of the article are related to the comparison of the government’s risk-based approach and the lawyer’s safe approach to the introduction of information (digital) technologies, taking into account the general situation with IT solutions in Russia and the creation of the Integrated Information System of the Russian Advocacy (IIS RA), consisting of subsystems — digital forms (tools), the development of which is described in the article with an explanation of the transition from plurality (variability) to unifi cation in their use. The article explains the prerequisites for the manifestation of a set of approaches to the creation and use of digital forms (tools) in the framework of the CIS RB: universalization; unifi cation; authenticity; transparency; fi duciary, as well as appropriate methods of working with these tools.