Digital technologies and law
43
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
FORMATION OF THE CONCEPTUAL AND CATEGORICAL APPARATUS
WHEN FIXING THE LEGAL STATUS OF A PERSON
IN THE DIGITAL ENVIRONMENT
Abstract.
The work is devoted to studying the process of formation of a conceptual-
categorical apparatus when consolidating the legal status of an individual in the digital
environment. The research is carried out in the direction of determining the nature of
the influence of the process of formation of the conceptual-categorical apparatus on the
nature of consolidating the legal status of an individual in the digital environment. This
study is based on the works of I. L. Bachilo, N. A. Vlasenko, N. M. Korkunov and other
authors.
Keywords
: law, digital technologies, legal status of a person, telecommunications,
internet, network, information and communication technologies
ФОРМИРОВАНИЕ ПОНЯТИЙНО-КАТЕГОРИАЛЬНОГО АППАРАТА
ПРИ ЗАКРЕПЛЕНИИ ПРАВОВОГО СТАТУСА ЛИЧНОСТИ
В ЦИФРОВОЙ СРЕДЕ
Аннотация.
Работа посвящена изучению процесса формирования понятий-
но-категориального аппарата при закреплении правового статуса личности в циф-
ровой среде. Исследование проводится в направлении определения характера
влияния процесса формирования понятийно-категориального аппарата на харак-
тер закрепления правового статуса личности в цифровой среде. В основу данного
исследования положены работы И. Л. Бачило, Н. А. Власенко, Н. М. Коркунова
и других авторов.
Ключевые слова
:
право, цифровые технологии, правовой статус лично-
сти, телекоммуникации, Интернет, сеть, информационно-коммуникационные
технологии
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44
Introduction.
One of the most pressing problems currently existing within the
framework of modern lawmaking, and the rapid development of the digitalization of
society, should be the search for the most acceptable approaches to enshrining in the
legislation the entire organic set of terms that are somehow related to the development
of public relations in the digital telecommunications environment.
In particular, of particular interest among domestic and foreign lawyers is the pro-
cess of forming a conceptual and categorical apparatus when fixing the constitutional
and legal status of an individual in a digital telecommunications environment. First of
all, this issue directly concerns the subjects whose activities are supposed to be regulat-
ed in the course of their daily work in the digital telecommunications environment.
At the same time, the focus of attention of domestic and foreign lawyers develop-
ing modern legislative initiatives is the constitutional legal status of the personality of
such subjects. The reason for this provision should be called the fact that it is through
the legislative definition that the place and significance of each entity participating in the
digital communications environment should also be determined.
Results.
A circumstance of fundamental importance in this case is the need for
a correct and timely determination of the place of the entire organic set of subjects of the
digital communications environment in the system of public relations.
So, for example, I. L. Bachilo comes to the conclusion that an organic set of con-
cepts and categories designed to determine the legal status of subjects of the digital
communications environment has a backbone value [1. P. 14].
At the same time, from the point of view of this study, this set of concepts and cat-
egories should also determine the subject area of interests and actions of the subjects of
the initiative activity of the digital telecommunications environment.
Along with this, according to I. L. Bachilo, one should also think in a timely man-
ner about their appropriate use in the fast-flowing process of forming various semantic
forms of concepts and categories designed to determine the rights, obligations and pow-
ers of the subjects of the digital telecommunications environment.
These can be glossaries, thesauri, dictionaries and encyclopedias, and each such
categorical-conceptual tool will actively contribute to the emergence of due certainty in
this area of rights. At the same time, it should be noted that, according to a rather produc-
tive idea of the constitutional and legal status of an individual, any definition of a given
subject is one of its properties.
In the idea of the constitutional and legal status of the individual, an inextricable
and highly productive connection of the idea of universality with the idea of subjectivity
is carried out, with the inherent intentional ability to construct an object [2. P. 8].
At the same time, in the modern jurisprudence literature, an increasingly growing
backlog of law and legislation is ascertained from the pace that is directly characteristic
of the development of technologies and social relations.
The rapid and widespread introduction of technological innovations in various
fields of human activity leaves practically no worthy place for generally accepted meth-
ods of legal technique in order to successfully and quickly overcome new problems.
For the law-making process, as it has been for quite a long time, the new digital
realities also practically do not leave the place occupied by new law-making algorithms.
Digital technologies and law
45
These problems are connected, first of all, with the determination of the constitu-
tional and legal status of the personality of the key and influencing actors in the devel-
opment of the digital telecommunications environment. The law in such an unusual sit-
uation is predominantly involved not so much in prevention as in resolving the adverse
consequences of the misuse of the digital telecommunications environment, which, as
a rule, inevitably have a so-called delayed effect.
Due to this circumstance, such consequences cannot be predicted, first of all, even
by the developers of new information and communication technologies, on which the
daily functioning of the digital communications environment is based.
Moreover, the occurrence of negative consequences of the misuse of the digital
communications environment cannot be predicted with a sufficient degree of certainty
by users or law enforcers.
On this basis, it should be suggested that the possibility of the occurrence in this
connection of the detrimental consequences of the misuse of the digital communications
environment can actively and quite variably contribute to the emergence of legal uncer-
tainty as well.
The state of legal uncertainty presupposes the existence in the space of the digital
communications environment of subjects of newly built public relations in the field of
informatisation. It seems necessary to state that the state of legal uncertainty finds its
manifestations in the absence of a clear definition, which does not allow unambiguously
and timely establishing the existence of the addressee of legal norms [3. P. 9].
Along with this, it is not yet possible to introduce adequate rights and obligations
in a state of legal uncertainty, which form the core of the constitutional and legal status
of the individual.
Among other things, the state of legal uncertainty gives rise to a simultaneous
discrepancy between rights and duties, and a simultaneous discrepancy between duties
and rights. This circumstance violates the dialectical law of the unity of opposites, as
a result of which the systematic functioning of the constitutional and legal status of the
individual is still problematic.
As a result of the emergence of a state of legal uncertainty, the system-forming
meaning, which is traditionally characteristic of concepts and categories, is replaced
by a situational one. At the same time, the situational significance of concepts and cate-
gories makes it possible, at best, to single out in a given situation a special subject that
functions in the general mass of actors.
Such a selection of a special subject makes it possible to designate its inherent
special place and role in the system of constantly and productively developing social
relations.
At the same time, it should be remembered that such concepts as “state”, “place” and
“role” are already included in the dictionary definition of “status” as such, which suffi-
ciently allows us to simultaneously analyze the “constitutional and legal status”, which still
continues to inevitably remain a pronounced debatable category in modern jurisprudence.
However, it seems necessary to assume that in the course of the progressive develop-
ment of modern jurisprudence, supported by progressive authors of legislative initiatives,
the current position of “constitutional legal status” will be defined much more clearly [4].
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Conclusion.
The most convincing and pronounced trends, according to the process
of unambiguous dominance of which the formation of key units of the conceptual
and categorical apparatus takes place in the course of securing the legal status of an
individual in the digital environment, consists, first of all, in the rapid advance of rapidly
developing technologies of the capabilities of the currently functioning legal system of
the country and peace.
References
1. Bachilo I. L. On terms and concepts in law // Questions of jurisprudence. 2014.
No. 3. Pp. 14–23.
2. Vlasenko N. A. Theory of state and law: scientific and practical guide. Moscow:
Prospekt, 2009. 230 p.
3. Korkunov N. M. Lectures on the general theory of law. SPb.: Legal. Center
Press, 2003. 120 p.
Mailin Ramos Morales,
Masters in Social Studies of Science and Technology,
Specialist in Criminal Sciences,
Assistant Professor,
University of Cienfuegos “Carlos Rafael Rodríguez”
Yoruanys Suñez Tejera,
Doctor of Legal Sciences,
Lawyer at the Cienfuegos Collective Law Firm,
Professor,
University of Cienfuegos “Carlos Rafael Rodríguez”
Rachel Domínguez Suñez,
student,
University of Cienfuegos “Carlos Rafael Rodríguez”
ARTIFICIAL INTELLIGENCE AND THE ADMINISTRATION
OF JUSTICE IN CUBA
Abstract.
In regards to the topic of Artificial Intelligence (AI), one can appreciate
that it is no longer part of a distant future that could only be dreamed of by reading science
fiction works. In the world, and in Cuba, it is already a tangible and exciting phenomenon
that makes its analysis and development necessary to achieve advances in the social
and economic life of the country, and thus ultimately achieve an increase in the well-
being and progress of society. One cannot remain motionless in the face of the constant
technological change that influences most human activities. This includes the law, where
the application of technology has increased efficiency and effectiveness in very specific
areas such as, for example, the fight against fraud and irregularities. Nonetheless, the
legal challenges presented by AI are many, and in such diverse areas as personal data
protection, equality, legal security, transparency and accountability, among others.
Keywords
: Artificial Intelligence, Administration of Justice, Development, Digital
Transformation, Judicial processes, Criminal Law, Technological change
