The second volume of the international scientific and practical journal “Law and Digital Economy” for 2021 was published.
The first article is “The Role of the Bank of Russia in the Digitalization of the Banking System” by E.G. Khomenko. The article notes that the transition to the digital way of functioning of the banking system of Russia is one of the serious aspects of modern economics and law. The rapid development of information technology and the Internet has led to an equally rapid spread of electronic payment systems. All that is happening is a serious challenge for the Bank of Russia as a regulator of the banking system, striving to ensure the implementation of settlement and payment transactions using digital technologies. It is emphasized that in order to solve these and a number of other tasks, the Bank of Russia has developed a system for the transmission of financial messages (SPFS), which is based on the electronic method of exchanging information messages. The author notes that of particular interest in this regard is the fast payment service of the Bank of Russia payment system (SBP), which is also discussed in the article.
Article by I.R. Begishev is devoted to the analysis of the draft Federal Law “On the turnover of robots, their components (modules)”. The author emphasizes that the rapid development of end-to-end digital technologies, robotic devices, complexes and systems entails the emergence of new opportunities and challenges for modern society. In an effort to ensure advanced development, accelerated and high-quality production, as well as the accelerated introduction of breakthrough robotics technologies, it is necessary to establish public-authority mechanisms for controlling the turnover of robots and the processes of their creation as a matter of priority. Only a consensus of the named goals can guarantee not only effective, but also safe development of robotic technologies. The article provides reflections on the concept of the draft federal law “On the turnover of robots, their components (modules)”.
The topic of the article by N.Yu. Chelysheva is the peculiarities of the legal regulation of the use of digital technologies in healthcare as a guarantee of ensuring the proper quality of medical services. The article examines the place occupied by information technology tools in medicine. Examples of the use of information technologies in various fields of medicine are given. In conclusion, the author notes that the fact of using digital technologies, significantly facilitating the process of carrying out medical activities, fulfilling contractual obligations by a medical service provider, at the same time significantly increases the volume of responsibility of a particular person for improper provision of medical services or in case of harm to the life and health of a patient.
An innovative topic for the research was proposed by N.A. Krainova. Her article “Legal convergence of law and technologies in the field of countering cyber threats” provides a detailed analysis of legal norms and practice of their application in the field of countering cyber threats, which are inevitable companions of digitalization. The author demonstrates the necessity and feasibility of using criminal law remedies in combination with the use of technologies and improving the technical protection system. The article notes that the sphere of legal regulation is that subtle substance, the changes of which are especially sensitive. At the same time, digitalization processes, the need for a legal definition of concepts and legal regulation of the application of technological procedures indicate the ongoing convergence of law and technology.
The article by Yu.K. Tsaregradskaya is devoted to the issue of cryptocurrency, digital financial assets and digital rights as fundamental terms that shape legal reality. The author comes to the conclusion that, as a result of numerous discussions of the legal regulation of cryptocurrency, the Russian legislator has decided on the terminology in these relations. According to the author, the Russian practice of legal regulation has used the experience of foreign countries in amending existing legislation, in particular the civil one, expanding the list of objects of civil legal relations. The scientific and practical significance of the research is that it allows one to critically comprehend the actual problems of cryptocurrency regulation, and also contributes to the development of theoretical directions on this topic and the formation of educational materials on the digital economy.
The article by J. Menecker “Artificial Intelligence: From Ethics to Human Rights-Based Regulation” covers the ethical and legal aspects of regulating the use of artificial intelligence technologies. This research is devoted to the consideration of acts of the so-called soft law (not legally binding), in particular the documents of the Council of Europe, and aims to justify the development of an appropriate regulatory framework that balances the risks associated with the use of artificial intelligence technologies. The research will also address the issue of enacting appropriate legal instruments to ensure that the regulation is clear, understandable and effective.
The volume ends with an article by M.V. Shmelevoy “Digital Public Procurement in Korea”. The article is devoted to a comparative legal analysis of the development of the public procurement system in Russia and Korea, including the aspect of digitalization and innovative technologies. Korea is the undisputed leader in the effective implementation of public procurement, as well as information support for the procurement sector. In conclusion, the author notes that the use of outdated technologies leads to inefficiency of the Russian procurement system. Digital public procurement must meet modern security requirements. One of the ways to solve this problem might be the creation of an innovative procurement system, including through the introduction of mechanisms used in Korea.