Digitalization of Law and formation of Digital Law

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 1; no. 83
• Main Author: R. E. Ennan
• Format: Journal Article
• Language: English
• Published: State Higher Educational Establishment «Uzhhorod National University 01-08-2024
• Subjects: cyberspace; digital law; digital rights; digitalization; Internet
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2024.83.1.29

Digital law is a new form of implementation of legal relations in the field of cyber regulation in various areas: digital rights in digital circulation, cyber security, protection of personal data, regulation of cross-border digital transactions, implementation of social rights based on technological platforms, formation of electronic government, electronic state. Currently, the process of digitalization of law is taking place, that is, the use of new digital technologies to optimize legal relations, as well as procedures for creating a new digital reality, which also requires legal regulation. Digital reality shapes human behavior, norms of social relations, creates digital law and digital legal awareness. In the conditions of the digital economy and virtual space, the need for a new look at legal institutions in the era of information society and digital technologies, consistent adaptation of traditional legal mechanisms to new realities is obvious. Further development of legal regulation of digital rights and digital civil turnover is possible according to the conceptual model of “digitalization” of traditional law. The new paradigm of the development of law consists in the “digitalization” of law, that is, the use of digital technologies to optimize legal regulation, as well as the formation of civil digital turnover. Therefore, digital law is a system of legal norms regarding the use of digital technologies, which regulates legal relations that arise in connection with the use of digital data and the use of digital technologies. Digital law is a complex interdisciplinary institution of law that unites legal norms that regulate legal relations arising in connection with the acquisition, exercise, alienation and protection of digital rights, as well as with the use of digital technologies by subjects of digital law. The mechanism of legal regulation of relations in the digital environment is based on the fact that they have an informational nature, since they arise in connection with the implementation of certain actions with information in digital form (digital data).