Uncertainty of the Legal Categoral Apparatus in the Field of Legal Regulation of Digital Legal Relations
- Authors: Provalinsky D.I.1
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Affiliations:
- Russian State University of Justice
- Issue: No 1 (2025)
- Pages: 5-16
- Section: Theoretical and historical legal studies
- URL: https://medbiosci.ru/2072-909X/article/view/364439
- DOI: https://doi.org/10.37399/issn2072-909X.2025.1.5-16
- ID: 364439
Cite item
Abstract
The rapid development of digitalization and legal relations emerging in the digital space contributes to the replenishment of the terminological apparatus used there. Its study by legal science is aimed at eliminating violations of the rules of legal technology in the implementation of legal regulation of digital legal relations.
The subject of this study is the problems introduced into the theory of law and lawmaking by the uncertainty and instability of the conceptual apparatus used in the digital space. The study was conducted based on methods of logical and legal analysis. With their help, theoretical and practical problems of using the conceptual apparatus in designating (describing) and regulating digital legal relations were identified.
The author reveals the definition of the basic concepts used in the digital space, argues the unjustified use of some of them in legal documents and legal acts, as well as the need to comply with the rules of legal technology that exclude the use of slang and jargon (which abound in the digital space) when implementing legal regulation.
Based on the results of the study, the following conclusions were drawn: the uncertainty of the conceptual apparatus is inherent in science as a whole, and this is a given, which is determined by the constant development and accumulation of new knowledge. In legal science, the uncertainty of the conceptual apparatus, more than anywhere else, is a factor that complicates and slows down the development of modern legal theory, and as a consequence, subsequent law enforcement. The sphere of legal regulation of digital legal relations is no exception. This circumstance is determined, first of all, by the specific organization of the digital space itself, the presence of a technical component and associated terms, as well as the rooting of concepts formed through the adaptation of foreign words, network slang and jargon. Underestimation of the risks and threats that the digital space can bring also plays a certain role. All this points to the need to create a state concept of legal regulation of digital legal relations. Basic (fundamental) concepts and terms that are subject to legal use in the digital space also need legislative support.
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About the authors
Dmitry I. Provalinsky
Russian State University of Justice
Author for correspondence.
Email: dmi38288850@yandex.ru
Candidate of Science (Law), Associate Professor of the Theory of Law, State and Judicial Power Department.
Russian Federation, MoscowReferences
- Luk’yanova, E. G. The state of contemporary Russian theory of law in the context of development thereof. Yuridicheskoe obrazovanie i nauka = Juridical Education and Science. 2014;(1):31-34. (In Russ.)
- Povarnin, S. I. The art of argument. How to read books. Moscow: AST; 2022. 288 p. (In Russ.)
- Kurbalijya, J. Internet management. Moscow: [S. n.]; 2016. 391 p. (In Russ.)
- Wiener, N. Cybernetics or control and communication in the animal and machine. Transl. from Engl. by I. V. Solovyov. Ed. G. N. Povarov. Moscow: Sovetskoe radio; 1958. 215 p. (In Russ.)
- Ragnedda, M., Muschert, G. W., eds. The digital divide: the internet and social inequality in international perspective. 1st ed. Routledge; 2013. URL: https://doi.org/10.4324/9780203069769.
- Naumov, V. B. Law and the Internet: essays on theory and practice. Moscow: Book House “Universitet”; 2002. 432 p. (In Russ.)
- Miroshnik, S. V. Development of the law in the digital age. Rossijskoe pravosudie = Russian Justice. 2022;(1):16-23. (In Russ.)
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