Bases of classification of branches of the Russian legislation: search for new approaches in digital era
( Pp. 174-179)

More about authors
Barzilova Inna Sergeevna doktor yuridicheskih nauk, professor; professor kafedry teorii gosudarstva i prava
Moscow State Law University named after O.E. Kutafina (MSAL)
Abstract:
The article considers the issues of changing the system of legislation in the context of the development of digital technologies, proposes new approaches to the classification of branches of legislation. The purpose of the article is to consider the grounds for classifying Russian legislation in the context of digital technology development. This is done to determine further directions for the transformation of domestic legislation in the digital age. As a result of the research, the author comes to the conclusion that the traditional criteria for classifying branches of legislation should be supplemented with a subjective approach and a criterion for legal regimes. The author concludes that in the context of the development of digital technologies, the nature of the subject of legal regulation will undergo changes. The specifics of participants in legal relations regulated by digital technologies will help to approach the structuring of the legal system in a more differentiated way. The subjective approach will determine in what capacity a person can participate in legal relations. Therefore, it is important to determine the legal status of participants in legal relations regulated using digital technologies when considering additional criteria for classifying branches of legislation and the subject approach. Digital rights and obligations of subjects can exist strictly in a certain sphere, only where a person participates in a relationship that is transferred to a virtual, digital reality. The article concludes that the sphere of regulation includes not only existing social relations in reality, but also relations that arise in the virtual environment. Many traditional branches of legislation in connection with the expansion of the subject of legal regulation, including relations in the virtual environment, need to review the traditional grounds for their classification, the use of additional criteria.
How to Cite:
Barzilova I.S., (2020), BASES OF CLASSIFICATION OF BRANCHES OF THE RUSSIAN LEGISLATION: SEARCH FOR NEW APPROACHES IN DIGITAL ERA. Economic Problems and Legal Practice, 2 => 174-179.
Reference list:
Kashanina T.V. Struktura prava. M., 2017. - 584 s.
Otrasli zakonodatel stva i otrasli prava Rossiyskoy Federatsii: obshcheteoreticheskiy, mezhotraslevoy, otraslevoy i istoriko-pravovoy aspekty/pod red. R.L. KHachaturova. M., 2017. - 584 s.
Rad ko T.N. Sistema prava. Istoriya, sovremennost , perspektivy/ T.N. Rad ko, E.A. Kirimova, D.M. Azmi. M., 2019. - 256 s.
Tikhomirov YU.A. Ot epizodichnosti k tselevoy rezul tativnosti//ZHurnal rossiyskogo prava. 2017. № 1. S. 55-62.
Tikhomirov YU.A. Pravo: prognozy i riski. M., 2015. - 240 s.
Keywords:
system of legislation, legal regulation mechanism, system of law, normative acts, digital technologies, legal relations, legal entities.


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