{"title":"Transformation of constitutional and legal relations in the context of the introduction of modern technologies","authors":"Stanislav A. Vasiliev","doi":"10.17223/15617793/480/27","DOIUrl":null,"url":null,"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.","PeriodicalId":45402,"journal":{"name":"Tomsk State University Journal","volume":null,"pages":null},"PeriodicalIF":0.1000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Tomsk State University Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17223/15617793/480/27","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"MULTIDISCIPLINARY SCIENCES","Score":null,"Total":0}
引用次数: 0
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.