Digital Technologies, Legal Risks and the Problem of their Minimization

Abstract

This paper addresses three issues. The first issue is associated with digital technologies that are changing the world and gradually replacing the usual forms of social practices. Information and communication technologies (ICT) are being currently actively used in the legal environment, modifying legal activities in terms of content, but mainly in form. The paper examines digital technologies in the context of legal activity, primarily in lawmaking. The second issue is objectified in the category of “legal risk”. At the same time, an attempt is made to consider a risk in a broader sense. A modern society is becoming more and more “risky” and conflict. One of the reasons is formed by the widespread introduction of modern technologies facilitating tight control over the virtual space, which in fact and potentially violates the rights of subjects of law-both individual and collective entities. In this regard, ICTs optimize the legal space in the most serious way. At the same time, threats and risks are increasing. The paper proposes the author’s concept that is in many respects different from the widespread concept of “legal risk”. The paper substantiates a largely conventional nature of this legal category, in particular, in the light of proposals to make legal risks subject to legal impact and even legal regulation. The third issue is related to the minimization of legal risks. It is proposed to consider legal forecasting as the most effective means of preventing risks in the field of law.