
The Main Problems of Digitalization of Formal Sources of Law
Author(s) -
M. Yu. Spirin
Publication year - 2021
Publication title -
sibirskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2071-8144
pISSN - 2071-8136
DOI - 10.26516/2071-8136.2021.2.15
Subject(s) - normative , law , function (biology) , legislature , political science , sociology , law and economics , evolutionary biology , biology
The status of formal sources of law is considered from the point of view of their definition and the possibility of creating a list of these sources, enshrined at the legislative level. The problem is posed of the need for the existence of an official list of formal sources of law in the national legal system. The phenomenon of digitalization of social life and legal means necessary for its effective regulation is investigated. The main trends in the digitalization of the legal system of society are determined on the basis of the digitalization of the system of formal sources of law, the necessary conclusions are drawn about the nature of this process, its direction, as well as about those positive and negative aspects that are associated with it. Particular attention is paid to the problem of compliance of “reference” texts of normative legal acts and other formal sources of law, enshrined in the official means of the content of legal information, and “digital” shells of these regulatory prescriptions that function within the framework of commercial legal reference systems. Based on the analysis performed, the main problems of modern digitalization of formal sources of law are determined. The issue of self-reproduction of law is touched upon, attention is drawn to the ethical problem of creating law to regulate social relations using digital technologies. Conclusions are made about the dual, objective and subjective nature of digitalization of formal sources of law and the role of the collective human mind in the creation and implementation of law.