!Учебный год 2024 / Цифровое право / tom-5

Digital technologies and law

Such expressions of the digital telecommunications environment, according to currently widespread forecasts of its most likely direction of development, will consistently and progressively acquire global significance. Such expressions of the digital 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 telecommunications environment, and be realized in it in the form of communication, implying 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 environment, 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 implementation 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 communications environment seems impossible to stop the spread, otherwise the information system itself will be destroyed.

The influence of the principle of net neutrality, actively postulated within the digital telecommunications environment, is also undeniable, which implies that any information, regardless of its legal value, is considered equally important.

It is impossible not to mention the significant influence of the technological features 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 environment 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 regulatory norms that have already been formed within the digital telecommunications environment, 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 taken 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 telecommunications network was made.

In this case, at the same time, one should also assume the existence of strong private legal mechanisms within the digital telecommunications environment, whose activities 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 researcher 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

1.Hart G. L. A. The concept of law / trans. from English; under general ed. E.V. Afonasina and S.V. Moiseeva. Saint Petersburg: Publishing house St. Petersburg. University, 2007. 120 p.

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.

7.Alekseev S. S. General theory of law. Moscow: Legal. lit., 1982. 320 p.

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Digital technologies and law

О. Y. Latyshev,

PhD, Candidate of Philology, full member of IAS, MAE, EAE, ISA, IOOAD SUTC, Corr. member of MAPS, Professor of RAE, President Professor of Cypress University

М. Luisetto,

PhD., Honorary Vice-President,

International MariinskyAcademy named after M. D. Shapovalenko, Piacenza

P.A. Latysheva,

Executive Director, International MariinskyAcademy named after M. D. Shapovalenko

FORMATION OFTHE CONCEPTUALAND CATEGORICALAPPARATUS

WHEN FIXING THE LEGALSTATUS OFAPERSON

IN THE DIGITALENVIRONMENT

Abstract.Theworkisdevotedtostudyingtheprocessofformationofaconceptualcategorical 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 цифровой среде. Исследование проводится в направлении определения характера влияния процесса формирования понятийно-категориального аппарата на характер 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 личности, телекоммуникации, Интернет, сеть, информационно-коммуникационные технологии

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Digital technologies and law

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 process 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 regulated 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 developing 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 concepts 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 categories 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 manner 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 powers 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 productive 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 methods 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.

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Digital technologies and law

These problems are connected, first of all, with the determination of the constitutional and legal status of the personality of the key and influencing actors in the development of the digital telecommunications environment. The law in such an unusual situation 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 uncertainty 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 categories 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 sufficientlyallowsustosimultaneouslyanalyzethe“constitutionalandlegalstatus”,whichstill continues to inevitably remain apronounced debatable category in modern jurisprudence.

However, it seems necessary to assume that in the course of the progressive development 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.Themostconvincingandpronouncedtrends,accordingtotheprocess 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”

ARTIFICIALINTELLIGENCEAND THEADMINISTRATION

OF JUSTICE IN CUBA

Abstract. In regards to the topic of Artificial Intelligence (AI), one can appreciate thatitisnolongerpartofadistantfuturethatcouldonlybedreamedofbyreadingscience fiction works. In the world, and in Cuba, it is already atangible 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 wellbeing 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:ArtificialIntelligence,AdministrationofJustice,Development,Digital Transformation, Judicial processes, Criminal Law, Technological change

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ИСКУССТВЕННЫЙ ИНТЕЛЛЕКТ И ОТПРАВЛЕНИЕ ПРАВОСУДИЯ НА КУБЕ

Аннотация. Искусственный интеллект уже не является частью далекого будущего, о котором можно только мечтать, читая научно-фантастические произведения. В мире и на Кубе это уже ощутимое и захватывающее явление, анализ

иразвитие которого необходимы для достижения прогресса в социальной и экономическойжизнистраны,азначит,вконечномсчетедляповышенияблагосостояния

ипрогресса общества. Нельзя оставаться неподвижным перед лицом постоянных технологических изменений, которые влияют на большинство видов человеческой деятельности. Это касается и юриспруденции, где применение технологий позволило повысить эффективность и результативность в весьма специфических областях, таких как, например, борьба с мошенничеством и нарушениями. Тем не менее правовых проблем, связанных с применением искусственного интеллекта, немало, причем в таких разных областях, как защита персональных данных, равенство, правовая безопасность, прозрачность и подотчетность и др.

Ключевые слова: искусственный интеллект, отправление правосудия, развитие, цифровая трансформация, судебные процессы, уголовное право, технологические изменения

Introduction. When speaking about artificial intelligence in Cuba, it is necessary to point out that since the late 1980s the topic has been approached with interest by researchers in scientific centers and universities, but always from an academic point of view. In comparison to other technological areas, AI, although it is applied in a limited way, has not reached predominance in Cuban society. The improvement of information processing capabilities and the desire to enhance the development and optimization of processes has motivated the Cuban government to reflect on the urgent need to draw up strategies to enhance the development of artificial intelligence [9].

Main part. In February 2023, members of the highest levels of the Cuban government, including President Miguel Díaz-Canel, met with representatives of the Cuban Academy of Sciences (ACC) to reflect on AI within the context of digital transformation for development. Among the difficulties, the academics highlighted the few Cuban computer products or services developed with AI techniques for solving problems, the fact that there are few opportunities to develop a professional career in this field and the lack of a national strategy to coordinate these efforts. It was also clear from the beginning that the development of AI could not be seen without clear ethics and rules, at both the national and international level. In addition, it was specified that to create Cuban AI-based solutions, the correct use of data would first be necessary. In this regard, Member of Merit and Coordinator of natural and exact sciences of the ACC, Luis Montero Cabrera, mentioned that the foundation of the massive use of Artificial Intelligence is in the achievement of a systemic, stable, actionable database, which encompasses the country in full [8].

The Cuban president Miguel Díaz Canel has stated that an Artificial Intelligence Strategy is already being worked on, but that it is vital to work on the interconnection of

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artificial intelligence with the production of goods and services, public administration, and the territories. Furthermore, it is necessary to cover the topic of the organization, structure and management of data because Cuban society needs to achieve the implementation ofAI to promote the formation and training of human capital associated with Big Data andArtificial Intelligence for their correct use in public and business management.Additionally, the relationship on these issues between universities, companies and the government must be strengthened [8].

In mid-2023 a group of experts met at the National Union of Jurists of Cuba to address the discussion on the Strategy for the Development of Artificial Intelligence in Cuba. At this meeting, Pedro Piñero Pérez, a member of the project that currently creates it, explained that it is necessary to use a multidisciplinary approach in which both the natural and social sciences address the issue of intelligent systems, because without this approach the strategy would not fit into current Cuban society. The draft strategy has several commissions of experts in various subjects, as well as the participation of Cuban and foreign universities, research centers, the collaboration of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Ministry of Justice for the ethical use ofAI [8].

The limitations presented in the field of technology in Cuba are compensated in a certain way by the opportunities offered by having highly qualified professionals. Furthermore, the approximately 2,292 investigations in the Scopus database are evidence of the interest that the Cuban scientific community has in the subject. Another fundamental element is the cooperation with several countries such as Italy, Canada, the United States, Colombia and the Netherlands, particularly for research development. For example, the Ministry of Communications of Cuba, as part of its cooperation with China, created the Project for the Creation of the International Institute of Artificial Intelligence Research at the University of International Studies of Hebei in 2019. The Cuban side is directed by the University of Camagüey, although other higher education centers such as UCI, CUJAE and MartaAbreu University participate [8].

Nonetheless, when analyzing the application of AI in the administration of justice in Cuba, we see that there are still many opportunities that have not been exploited and that can facilitate and streamline the processes. Such systems are being developed in countries such as Spain, where remarkable results are being shown in their use. In her judicial processes report, Cristina Lorenzo Pérez, [6] lawyer at the Spanish Ministry of Justice, performs an extensive examination on the implementation of intelligent systems and tools that facilitate the development of the administration of justice in Spain. Some of these applications, in the opinion of the authors, could be applied in Cuba, such as the ones presented below:

Automatic cancellation of criminal records

The use of this system would help a person not to have to request the cancellation of the record to which he is entitled if he meets the requirements established in the criminal code and would also allow for status updates in the criminal records system. This could be useful, for example, when agreeing to the suspension of a prison sentence, since those criminal records that have been canceled, or should have been, will not be taken into account. The result would be a great contribution in updating the register of

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sanctioned persons with almost no human intervention, an element so necessary for the Cuban legal system that is sometimes overloaded due to lack of personnel [6].

Textualization of views

This is a solution provided by artificial intelligence using audios or videos that are recorded during hearings or statements, through which text is automatically generated. This system would facilitate the work of judges and judicial personnel, so that they could analyze the hearings they conduct more quickly, in addition to being able to perform specific searches on interventions that need to be specified, such as names, places or quantities that could be referred to in the hearing [6].

Legal voice dictation

This is a legal voice transcription system which directly benefits the productivity of legal operators. An example of this could be a judge who uses this tool to dictate his conclusions, notes and resolutions, allowing him to draft judgments, extracts, orders or considerations on his computer faster. This tool is able to recognize the technical legal language used by legal operators and even perform automatic and simultaneous translation into another language [6].

360 Search Engines

This tool allows for the transcription of hearings, making it possible to locate information associated with files, classify terms depending on the number of times they are found in the text to be analyzed, and optimize the time spent by the judge in the analysis of the document. In countries such as Spain, advanced documentary search engines are being developed that include semantic search functions. Through this system it will be possible to search by writing or natural language all the documents of the procedural management system, even the archived ones [6].

Conclusion. All this would constitute an improvement in the results of the judicial administration system, providing greater security inside and out and improving communication with the subjects of judicial decisions.Although we already see this type of results in many countries that to a greater or lesser extent use intelligent systems in the administration of justice, Cuba has lagged behind in the use of it, so there is still a way to go to achieve the wide range of benefits that the use ofAI brings in the administration of justice.

References

1.AspisA.LasTICsyelRoldelaJusticiaenLatinoamérica//Derecho&Sociedad Journal. 2010. № 35. Pp. 327–340.

2.Barona Vilar S. Inteligencia artificial o la algoritmización de la vida y de la justicia: ¿solución o problema? // Journal Boliviana de Derecho. 2019. № 28. Pp. 18–49.

3.Barona Vilar, S. Agoritmizacion del Derecho y la Justicia. De la Inteligencia Artificial a la Smart Justicie. Ed.Arazandi, 2021. 230 p.

4.Beiro Magan J. Retos tecnológicos de la Administración de Justicia española para la tercera década del siglo XXI. URL: https://pensamientocritico.sisej.com/ retos-tecnologicos

5.Lang Irrazábal M. La inteligencia artificial en la administración de justicia //Ars Iuris Salmanticensis, Tribuna de actualidad. 2020. Vol. 10. Pp. 2340–5155.

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6.Lorenzo Pérez C. Inteligencia Artificial en la administración de justicia: Regulación española y marco europeo e internacional // Proyectos desarrollados por el ministerio de justicia en España. 2022. Vol. 7. Pp. 13–26.

7.Suarez X., Paulo R. El Reto de la Regulación de la Inteligencia Artificial en el SistemaJudicialysuEntorno//JournalJurídicaPortucalense.2022.Vol.2.Pp.145–156.

maquinas-de-justicia-inteligencia-artificial-y-sistema-judicial-en-america-latina

9.JalónArias E., Ponce Ruiz D.,Arandia J. C.,ArriasAñez J. C. Las limitaciones de la aplicación de la inteligencia artificial al derecho y el futuro de la educación jurídica

//Journal Conrado. 2021. Vol. 17(83). Pp. 439–450.

10.Vida Fernández J. Los retos de la Regulación de la IA: algunas aportaciones desde la perspectiva europea // Sociedad digital y Derecho. 2018. Vol. 6. Pp. 203–224.

E.A. Pogosyan,

Senior lecturer,

Ryazan State University named after Yesenin

DIGITALTECHNOLOGIESAND THEIR IMPACT

ON THE LEGALLANDSCAPE

Abstract. The rapid advancement of digital technologies has ushered in an era of unprecedented transformation across various sectors, and the legal domain is no exception. This article delves into the intricate interplay between digital technologies and the field of law. It examines the multifaceted influence of digital technologies on legal processes, jurisprudence, and the administration of justice.Through an exploration of key areas such as electronic evidence, online dispute resolution, data privacy, and the emergence of blockchain technology, this article sheds light on the complex challenges and opportunities presented by the digital era within the legal realm.

Keywords: digital technologies, legal landscape, legal systems, legal principles, Blockchain technology, the principles of justice, the rule of law

ЦИФРОВЫЕ ТЕХНОЛОГИИ И ИХ ВЛИЯНИЕ НА ЮРИДИЧЕСКИЙ ЛАНДШАФТ

Аннотация. Стремительное развитие цифровых технологий положило начало эпохе беспрецедентных преобразований в различных отраслях, и юридическая сфера не является исключением. В данной статье рассматривается сложное взаимодействие цифровых технологий и сферы права. В ней исследуется многогранное влияние цифровых технологий на юридические процессы, судебную практику и отправление правосудия. Исследуя такие ключевые области, как электронные доказательства, разрешение споров в режиме онлайн, конфиденциальность данных и появление технологии блокчейн, статья проливает свет на сложные проблемы и возможности, которые открывает цифровая эра в правовой сфере.

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