| Popis: |
Digital technologies, which have been developing rapidly in recent years, have a significant impact on legal practice, legal education and science. They influence even the jurists’ understanding of the basic attributes of law, in particular the understanding of such its attribute as formal certainty of law. Under the influence of digital transformation, the content of this attribute is changing: along with the traditional written form of representation of the main source of law in the Romano-German legal system, which is a regulatory act – a new kind of its form – a digital one appears. Other legal documents such as acts of implementation and application of law and interpretative acts can also be presented in digital form. The digital form ensures that legal documents can be read by computer programs. The purpose of the study is to analyze the experience of implementing a machine-readable format of legal documents in the Russian Federation. The research methods are both special legal methods (formal legal, legal forecasting) and methods of other sciences: methods of fundamental computer science and information technology (formalization and algorithmization). The result of the conducted research is the conclusion that there is no machine-readable law, but a machinereadable format of legislation, acts of application and implementation of law, interpretative acts. Information technologies that allow software to recognize the content of legal documents and even generate new ones cannot in any way replace existing sources (forms) of law – normative legal acts, normative contracts, judicial precedents, etc. They act only as a tool for presenting existing forms of law in a digital format. We can say that this is a «digital form of the form of law», which should not replace either the law itself or its forms. The work outlines the achievements of the Russian Federation in this area (mainly in the field of legal implementation technologies) and highlights positive and negative consequences of the introduction of machine-readable formats of legal documents. |
