Transformation of constitutional and legal relations in the context of the introduction of modern technologies

IF 0.1 Q4 MULTIDISCIPLINARY SCIENCES Tomsk State University Journal Pub Date : 2023-01-01 DOI:10.17223/15617793/480/27
Stanislav A. Vasiliev
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Abstract

The relevance of this study lies in the growing role of modern technologies in the daily life of a person, society and the state. The transformation of our life inevitably entails the need to revise the methods and ways of legal regulation. To solve such a conceptual problem, it is necessary to analyze how the practice of its application is changing within the framework of the current legal regulation. Law-abiding behavior implies, among other things, the observance of established regulations in the course of carrying out one's activities. In other words, we must meet certain standards, not go beyond certain limits, but the way in which this happens remains unnoticed. At the same time, a change in the formats of legal relations changes them and, accordingly, the subjects that participate in them. The dynamics of society should be taken into account by the state, including in the process of lawmaking. The aim of this study is to demonstrate the actual change in the essence of individual legal relations implemented within the legal framework, but in a modified format using modern technologies. To reach the aim, the following tasks were solved: (1) The features of the implementation of individual legal relations using modern technologies were considered. (2) The legal statuses of individual entities operating in classical conditions and of those using modern technologies were compared. (3) The author's theory of correlations of subjects of law, as well as the separation of the subject of law from the subject of legal relations established in the doctrine, was applied to confirm the thesis about the need to identify the relevant subjects. For the preparation of this work, methods of expert assessments were used to analyze the state of the market for modern technologies and their capabilities in areas of interest to the author. To obtain the final result, the modeling method was used. The comparative legal method was used to compare the legal regulation of different states. In addition, general scientific methods of deduction, induction, analysis and synthesis were applied. The result of the work is the conclusion about the need for a subjective distinction depending on the specifics and format of the implementation of legal relations with the use of modern technologies or without it. Some options for legal action to overcome this problem are proposed. The specificity of the implementation of social relations involves the actual transformation of the legal status of the subjects that participate in them. This situation can potentially have a negative impact on a number of social institutions, and this problem must and can be solved by legal means, the concept of which is proposed as a result.
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在引进现代技术的背景下宪法和法律关系的转变
这项研究的相关性在于现代技术在个人、社会和国家的日常生活中发挥着越来越大的作用。我们生活的转变不可避免地需要修改法律规制的方法和方式。要解决这一概念问题,有必要在现行法律规制的框架内分析其适用的实践是如何变化的。除其他事项外,遵纪守法的行为意味着在开展活动的过程中遵守既定的规章制度。换句话说,我们必须达到一定的标准,而不是超越一定的限度,但这种情况发生的方式却无人注意。同时,法律关系形式的变化也改变了它们,从而也改变了参与其中的主体。国家应该考虑到社会的动态,包括在立法过程中。本研究的目的是证明在法律框架内实施的个人法律关系本质的实际变化,但采用现代技术的修改格式。为达到这一目的,解决了以下问题:(1)考虑了运用现代技术实现个人法律关系的特点。(2)比较了传统条件下和现代技术条件下个体实体的法律地位。(3)运用作者的法律主体关联理论,以及该学说所确立的法律主体与法律关系主体的分离,证实了需要确定相关主体的论点。为了编写这项工作,采用了专家评估的方法来分析现代技术的市场状况及其在作者感兴趣的领域的能力。为了得到最终结果,采用了建模方法。采用比较法对不同国家的法律规制进行比较。此外,还应用了演绎、归纳、分析和综合等一般科学方法。这项工作的结果是得出结论,需要根据使用现代技术或不使用现代技术执行法律关系的具体情况和形式进行主观区分。为克服这一问题,提出了采取法律行动的一些备选办法。社会关系实施的特殊性涉及到参与其中的主体法律地位的实际转化。这种情况可能对若干社会机构产生潜在的消极影响,这个问题必须而且能够通过法律手段加以解决,因此提出了法律手段的概念。
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Tomsk State University Journal
Tomsk State University Journal MULTIDISCIPLINARY SCIENCES-
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