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39
О. Y. Latyshev,
PhD, Candidate of Philology, full member of IAS,
MAE, EAE, ISA, IOO AD SUTC,
Corr. member of MAPS,
Professor of RAE, President
Professor of Cypress University
М. Luisetto,
PhD, Honorary Vice-President,
International Mariinsky Academy
named after M. D. Shapovalenko,
Piacenza
P. A. Latysheva,
Executive Director,
International Mariinsky Academy
named after M. D. Shapovalenko
DIGITAL ENVIRONMENT AS AN INTEGRATIVE BEGINNING
OF THE DEVELOPMENT OF DOCUMENTAL APPROACHES
TO THE POSTULATION OF THE LEGAL STATUS OF THE PERSON
Abstract.
The article is devoted to the study of key approaches to adequately
determining the legal status of an individual, dictated by the nature of the digital
transformation process. It examines the influence of the digital transformation process
on the nature of postulating the legal status of an individual. This study is based on the
works of S. S. Alekseev, A. K. Zharova, I. M. Rassolov, G. L. A. Hart and other authors.
Keywords
: law, digital technologies, legal status of a person, telecommunications,
internet, network, information and communication technologies
ЦИФРОВАЯ СРЕДА КАК ИНТЕГРАТИВНОЕ НАЧАЛО ВЫРАБОТКИ
ДОКТРИНАЛЬНЫХ ПОДХОДОВ К ПОСТУЛИРОВАНИЮ ПРАВОВОГО
СТАТУСА ЛИЧНОСТИ
Аннотация.
Статья посвящается изучению ключевых подходов к адекватно-
му определению правового статуса личности, продиктованных характером процес-
са цифровой трансформации. Проводится исследование влияния процесса циф-
ровой трансформации на характер постулирования правового статуса личности.
В основу данного исследования положены работы С. С. Алексеева, А. К. Жаровой,
И. М. Рассолова, Г. Л. А. Харта и других авторов.
Ключевые слова:
право, цифровые технологии, правовой статус лично-
сти, телекоммуникации, Интернет, сеть, информационно-коммуникационные
технологии
Introduction.
The category of “constitutional and legal status” is one of the most
controversial categories in modern domestic jurisprudence, since due to changing con-
ditions, it is simply impossible to form a unified approach to the definition. At the same
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40
time, the category of “constitutional and legal status” is a key category in the domestic
theory of modern law, in which all the main achievements of legal science and its ac-
companying practice are concentrated.
In the process of determining individual and collective rights and freedoms, the
established constitutional and legal status makes it possible to achieve the optimal level
of legal regulation, which determines the range of lawful actions of subjects of law in
the field of adequate implementation of social relations.
It also becomes necessary to complete and timely legal assessment of the conse-
quences of the implementation of this organic set of social relations, which, thanks to
the concept of an internal point of view belonging to G.L.A. Hart, is determined by the
nature of the relations of subjects of law [1. P. 5].
The definition of the constitutional and legal status of an individual arises in the
process of the emergence of social relations in a digital telecommunications environ-
ment, in direct proportion to the nature of the functioning of rights in it. The position of
the constitutional and legal status of the individual in the doctrine of modern domestic
law is determined by the leading role of the state, which is realized, first of all, in the
field of establishing the rights and obligations of each individual.
Along with this, the issues of determining the constitutional and legal status of
a person in a digital communications environment are resolved in the direction of the
process of ensuring guarantees and fulfilling the competencies of each subject of such
relations [2. P. 21].
The main part of the article
In this case, it is the totality of the properties of the modern digital communications
environment that acts as a prerequisite for the effective implementation of the constitu-
tional and legal status of the individual and the legal regulation of the telecommunica-
tions environment.
Based on the generalization of the definitions of the digital telecommunications
environment, the following characteristics of it should be distinguished, which are im-
portant for the constitutional and legal status of the personality of the subject of public
relations in it [3. P. 12].
In the global telecommunications network, which is a technological platform, the
development of public relations takes place through the distribution of documentation
based on program documents [4. P. 53].
At the same time, it should be noted that considering the digital communications
environment as a special self-developing social structure can significantly update the
process of using a wide range of modern sociological and philosophical studies by do-
mestic and world legal science;
At the same time, the position of a system that has signs of autopoiesis on the basis
that it reproduces all the elementary parts traditionally belonging to it becomes charac-
teristic for the digital telecommunication environment.
It performs such manipulations with the help of an organic combination of similar
elements, and thanks to this, it acquires the ability to distinguish itself from the external
environment, which is most typical for the most massive Internet resources [5].
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41
Such expressions of the digital telecommunications environment, according to
currently widespread forecasts of its most likely direction of development, will con-
sistently and progressively acquire global significance. Such expressions of the digi-
tal telecommunications environment, according to currently widespread forecasts of its
most likely direction of development, will consistently and progressively acquire global
significance.
In the future, this property can be extended to the entire space of the digital tele-
communications environment, and be realized in it in the form of communication, im-
plying the functioning of this environment as a social system [5. P. 7].
In principle, the property of autopoiesis is also realized in the form of life, and in
the form of consciousness, characteristic, in this case, of initiative and responsible users
of this digital branched telecommunication environment.
The law in this case becomes, in relation to the digital telecommunications envi-
ronment, to a certain extent, the “external environment”, which the digital environment
as a self-organizing system gradually begins to ignore.
This happens precisely because in the digital telecommunication environment, its
own rules of regulation are formed, which are to a high degree determined by the own
original mechanisms of this self-reproducing system. The question of the implementa-
tion of the constitutional and legal status of the individual in the digital communications
environment acquires a fundamentally new sound due to the special influence of the
properties of multiplying information.
It should be noted that the process of information multiplication in the digital com-
munications environment seems impossible to stop the spread, otherwise the informa-
tion system itself will be destroyed.
The influence of the principle of net neutrality, actively postulated within the dig-
ital telecommunications environment, is also undeniable, which implies that any infor-
mation, regardless of its legal value, is considered equally important.
It is impossible not to mention the significant influence of the technological fea-
tures of the digital telecommunications environment, in particular, the so-called “digital
footprint” left by each user in it.
For the virtual space, the technological features of the digital communications en-
vironment are natural conditions, due to which they entail the question of the realization
of natural human rights in a digital environment.
At the same time, jurists are faced with the following dilemma: should the regula-
tory norms that have already been formed within the digital telecommunications envi-
ronment, which has the properties of an autopoietic system, be legalized?
Under this condition, additional guarantees should be provided to all participants
in the digital telecommunications environment, without exception, otherwise the rules
should be introduced in the traditional way, which can lead to a double risk.
Firstly, this is the risk of violating the digital communications environment itself,
and secondly, which is no less, if not more important, the risk of an inevitable decrease
in the authority of law due to an attempt to violate internal system rights.
Let us assume that the existence of a digital communications environment is tak-
en into account as a system that is built on a contractual basis, as a result of which the
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distribution of domain names and the corresponding connection to the Internet telecom-
munications network was made.
In this case, at the same time, one should also assume the existence of strong pri-
vate legal mechanisms within the digital telecommunications environment, whose activ-
ities are aimed at regulating social processes. However, in the conditions of Russia and
many foreign countries, it is administrative and legal means that have a serious impact
on the digital environment.
In addition, the dependence of subjects of natural law on the terms of user and
similar agreements that are not in essence contracts of accession cannot be overlooked,
since they cannot be subject to any adjustment in accordance with the interests of any
parties joining this agreement [6. P. 179].
S. S. Alekseev identifies such elements of the constitutional and legal status of the
individual as legal personality, basic rights and obligations of subjects. In turn, the re-
searcher attributes to the elements of the legal status of the individual the specific rights
and obligations of the person, which are directly related to the presence of certain legal
facts [7. P. 142].
Conclusion.
Doctrinal approaches, which are currently being implemented in
relation to the legal status of the personality of a citizen of the Russian Federation,
in the digital environment require sufficient improvement in relation to the existence
of a modern subject, which is traditionally called upon to act in a telecommunications
environment.
References
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Afonasina and S.V. Moiseeva. Saint Petersburg: Publishing house St. Petersburg.
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2. Zharova A. K. Law and information conflicts in the information and
telecommunications sphere: monograph. Moscow: Janus-K, 2016. 230 p.
3. Rassolov I. M. Law and the Internet. Theoretical problems. 2nd ed., add.
Moscow: Norma, 2009. 320 p.
4. Okinawa Charter for the Global Information Society // Diplomatic Bulletin.
2000. № 8. Pp. 51–56.
5. Luhmann N. The Autopoiesis of social systems. Essays on self-reference. New
York: Columbia University Press, 1990. 340 p.
6. Alekseev S. S. Structure of Soviet law. Moscow: Legal. lit., 1975. 579 p.
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