The paper investigates the range of factors and circumstances that will determine the vector of development of the system of law and the system of legislation of the Russian Federation, and the legal system as a whole. The author demonstrates the conditionality of law as a universal social regulator of the processes that occur in various segments of the society, primarily in the economy. For this reason, the paper is devoted to factors that are not associated with law. First, the paper deals with the pandemic issues that have obviously destroyed conventional forms of existence both at national and international levels. In this regard, the country’s earlier development guidelines, which are reflected in economic, political and legal doctrines, are called into question. First, this applies to the economic system that has developed in the course of the reforms of the last 20—30 years, which have effectively led to the deindustrialization of the country and technological retardation that is difficult to overcome. It is suggested that implementation of a global economic project should be curtailed and that States should primarily focus on meeting the needs of the domestic market. In this regard, the issue of transforming the legal system in the context of a new reality will inevitably arise.

The paper is devoted to the examination of the concepts of “digitalization,” “digital transformation” and interrelationship between the concepts at issue with the concepts of “informatization” and “robotization.” The author provides his own interpretation of the concept “digitalization of public administration” and defines it as the process of introduction of digital technologies to the work of state bodies, which allows them to carry out qualitative transformation in the implementation of public functions and provision of public services, and to ensure effective interaction between citizens and the State. At the same time, digital transformation implies specific socially significant results appearing due to the application of digital technologies in public administration. The author substantiates such an approach when digitalization is seen as a public administration solution and defines legal risks, namely: a large number of simultaneously acting documents that have different states and regulate digitalization of public administration; lack of uniformity of tasks, objectives and measures aimed at achieving them in the fundamental documents. Such fundamental documents include: ”Digital State (IT State)” Subprogram and the federal project “Digital Public Administration.” The paper also describes serious deficiencies in the structure and contents of the passport of the federal project under consideration.

In the conditions of increasing legal and sociotechnological problems of the convergent information and communication environment, IT security of the State acquires strategic importance. Inaccurate information about the processes taking place in the society constitutes the apparatus of the information sphere of the society and can influence adoption of decisions made in the field of public administration. Dysfunctions of the institutions and media of mass media and communication are increasing, methods of mass information manipulation are actively applied, which adversely affects both making decisions in the field of public administration and implementing one of the main functions of interaction between the society and the state, namely: receiving and providing public information services by citizens. There is an urgent need for the formation of the state system of administration of security and reliability of information services provided to citizens. This is particularly relevant for emergency situations where the life and health of citizens are at risk.

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

Recently, the legislation on cryptocurrencies has been rapidly developing both in foreign countries and in the Russian Federation. The paper analyses trends and prospects of legal regulation of cryptocurrency emission and allocation, represents various approaches to this issue in the international arena. The author provides us with a thorough analysis of recent trends in the development of legislation on the emission and allocation of cryptocurrencies in the world, substantiates the theses that states are constantly seeking to settle the digital realm. By defining the legal nature of cryptocurrencies and referring them to a particular object of legal regulation, the state streamlines and systematizes the rules that will be applied to mining and ICO. Whether the market is interested in such regulation is a philosophical question, but the state as a sovereign cannot afford to recognize (the lack of regulation should be treated as a tacit recognition in this case) the existence of cryptocurrency as an alternative to the national payment unit.

The paper carries out a legal analysis of three models of settlements by letters of credit with the use of distributed ledger technology. First, this refers to the model of settlements that uses blockchain as a way of transferring documents under the letter of credit. Second, the author investigates the model of settlements where two smart contracts are used. In the author’s view, such smart contracts should be seen as a way of executing the contracts that, in practice, form the settlement procedure with the use of letters of credit. Third, the most interesting is the settlement model where the payer and the recipient of funds (payee) enter into one smart contract that provides non-cash settlements between them with the use of the P2P service. There is no financial intermediary that organizes non-cash settlements in this settlement model. This difference makes it possible to conclude that settlements similar to settlements with the use of letters by credit via blockchain technology and carried out on the principle of P2P, should be considered as a new form of non-cash settlements. The peculiarity of this form of non-cash settlements is the opportunity given to direct participants of the settlement to fulfil their monetary obligations without using cash and without any assistance of financial intermediaries.

The paper is focused on the possibility for the Bank of Russia to enter into the market of banking services, their legitimation and influence on the state of competition and supervision in the Russian banking and national payment systems. The author highlights that an entrepreneurial component in the activity of the Bank of Russia is strengthening, which has taken place due to implementation of tasks on digitalization of the Russian banking system. It is concluded that the accepted model of fintech admission to the market of banking services is, to a certain extent, limited, which will not allow it to develop in the conditions of free competition. The author also investigates the negative aspects of the presence of the Bank of Russia in the market of banking services. The presence of the Bank of Russia in the market entails a conflict of interests accompanied by the adoption of extraordinary acts and acts that restrict competition, which makes the development of the market inert and inhibits the digital economy. The paper provides for regulatory novelties stimulating clear restrictions on the implementation of business activity of the Bank of Russia.

Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.

The development of the economy of shared consumption (sharing economy) is recognized as one of the markers of the digital economy. Innovations and advances in digital technologies contribute to the creation of a large number of IT platforms that bring together an unlimited number of participants able to share resources. In what organizational and legal form is the activity within the framework of sharing economy permitted? Today, business and non-profit entities work in the field of sharing economy. The participation of business entities reflects the ideas of access economy, within which the features of a market economy are preserved. Associations of persons that do not seek profit may be formed in the form of a non-profit organizations or act as a civil law community with the right to make decisions incurring legal consequences on behalf of the associations without the status of a legal entity. The role of civil law communities for the development of models of sharing economy is great, so the rules governing their activities need further improvement.

The paper draws attention to the priority of the judicial form of protection of rights and interests of physical and legal entities, state and public interests, as well as gradual pervasion of the justice system with IT-technologies that ensure openness of the proceedings, save time and money of the participants, reduce time needed to file and process pleadings, etc. On the basis of the analysis of the proposed doctrinal approaches and legislative acts to the definition of the meaning of e-justice, the author presents her understanding of e-justice that covers three aspects. Such an approach may be of practical importance depending on how well e-justice has been developed in Russia. Particular attention is paid to the analysis of the extended approach to the definition of e-justice, including the use of AI systems. The paper investigates advantages and possible risks associated with the introduction of the systems applied to assist a judge in making final court decisions (“companion judge”) and systems that replace a judge in making the final court decisions (“digital judge”). As a result, it is concluded that the most acceptable system for the Russian system of justice is the “Companion Judge” AI system. In the author’s opinion, complete replacement of judges by “digital judges” is ethically and legally ambiguous, poses many risks and will not provide effective protection for the violated or contested rights, freedoms and interests of citizens, organizations, State and public interests.

Digitalization is becoming commonplace so rapidly that currently even criminal proceedings are being investigated in the context of possibility of their transition to electronic format. The paper investigates the issues not only about the use of IT-technologies and their role in individual investigative actions and about the place of electronic evidence in the list of evidence, but also about an electronic criminal case. It is known that almost any criminal case cannot proceed without evidence provided by witnesses. This necessitates the reform of the procedure applied to interrogate participants in criminal proceedings, as well as the recording of these interrogations. Such novelties are important both in terms of creating conditions for admissibility and, accordingly, reliability of evidence and in terms of guaranteeing respect for the rights and legitimate interests of persons involved in criminal proceedings. The same applies to other investigative activities that resort to IT-technologies. The national legislations of modern states create their own standards for investigative actions using digital technologies. However, all of this is of particular interest when it comes to international cooperation. The paper on the basis of the analysis of the Russian legislation explains the concept of legal personality and international legal personality. The laws of some foreign countries are also investigated. The paper also examines the issues of normative regulation of the use of digital technologies in some investigative actions including remote examination and deposit of a witness’s testimony in the framework of the provision of legal assistance in criminal matters.

The paper explores the problem of theoretical knowledge transformation, the implementation of which is conditioned by the digitalization of legal proceedings. In the context of this problem, the experience of mathematizing nature and society, its similarity and difference with the task of digitalization through the introduction of computer technology in the functioning of the justice system is analyzed. The ontological assumptions and methodological consequences of preparing theoretical knowledge for the processes of mathematization and digitalization are examined in detail. The inclusion and experience of constructing natural and social reality in the task of constructing digital reality is revealed and described. Digitalization itself is being studied both as a kind of cognitive and intellectual technology, and as the improvement of social technology. This action is also considered from the point of view of the correspondence of the experimental and theoretical and conceptual knowledge in the field of criminal proceedings. Heuristic and cognitive capabilities of computer modeling of actions of individuals are revealed on the basis of teleological and causal types of explanation. Cases of the introduction of computer technology in the investigation of crimes and other types of law enforcement practice are considered.

The paper discusses the issues of determining the legal status and circle of subjects that can be recognized as owners of intellectual property rights to virtual and augmented reality technologies and the objects generated by them. Analyzing the circle of subjects in this area, the author notes the need for correlation of subjects and objects of intellectual property rights. Particular attention is given to determination of the rights of users of virtual or augmented reality platforms to virtual objects created by them. It is concluded that the creation of additional content for virtual or augmented reality platforms, as a general rule, gives rise to the creators’ copyright. Considering the circle of subjects on complex objects in the field of virtual and augmented reality technologies, the author concludes that the subject composition of legal relations arising in connection with the creation and use of a multimedia product should be determined based on the variety of this object due to their diversity.

The paper discusses the issues that arise when creating a virtual image in multimedia products, including computer games, using the image of a citizen. As a rule, such images are used without the consent of a citizen, and therefore disputes have begun to arise regarding the legitimacy of using real images of artists in computer games, social networks. The author analyzes the legal nature of the right to an image of a citizen and the possibility of using such an image in virtual and augmented reality. In connection with the development of digital technologies, the images of citizens are now actively being used in creation of various works, such as holograms. The dance moves are being used to create digital results of creative work. The author notes that when getting results of creative work in virtual reality, it is necessary to observe the rights of citizens, whose images are used to create digital objects. When considering these issues, an analysis of foreign experience is provided, as well as mechanisms for legal regulation of relations arising in the cases under consideration.

The paper discusses the problems of determining the legal status of drivers of the Uber online platform in the European Union states and the United States of America, where the Uber activities have been perceived by licensed taxi services and trade unions as a threat to fair competition and the social and labor rights of citizens. The authors analyze the arguments of the judicial and administrative bodies of the European Union states and the United States of America, which examined the appeals and claims of drivers, trade unions or transport companies. For comparison, the arguments of Russian courts on disputes about determining the legal nature of the relationship between the similar Uber online platform — Yandex.Taxi and its drivers are analyzed. Based on surveys that questioned the drivers and the analysis of online platform advertisements aimed at attracting drivers to work in the taxi service, the authors conclude that there are signs of actual use of drivers labor without formalizing labor relations and, accordingly, without providing them with social and labor guarantees.

The paper attempts to make a model mechanism of a traffic accident involving an unmanned vehicle to solve a number of criminological, criminal-legal and criminalistic problems using the characteristics of the traffic crime mechanism available in theory. Its elements (vehicle, information system and situation) are highlighted, the contents are disclosed, the role of each of them in the etiology of a transport accident is shown. It is noted that the personal factor is not included in the mechanism of a traffic accident; this must be taken into account when criminalizing the corresponding act, which consists not in violating traffic rules, but in low-quality special software. It is stated that in the mechanism of a transport accident, the information system is of fundamental importance, combining the role of both the driver and the information system itself, which is necessary to ensure the safe functioning of a mechanical vehicle. Because of this, it is not necessary to study the reliability of the information system, but the impact of information support on the safety of a highly automated vehicle. Of particular importance is the problem of the so-called uncertainty characterizing the state of the information system. The authors determine the ways of further research of the mechanism under consideration based on the so-called security threat map for the operation of an unmanned vehicle in the context of possibility of interference in their work from the outside (In the software system, by affecting the road infrastructure, etc.).

Large-scale robotization is becoming one of the challenges of modern society. Jurisprudence in general and criminal law in particular cannot remain aloof from the challenges associated with the introduction of artificial intelligence in all spheres of public life. The process of forming the legal space has begun, but there is no comprehensive approach to solving the problem, since scientists consider robots within the framework of only those social relations that are part of the subject of the relevant branch of law. In this regard, there is a lag in the development, for example, of criminal law norms, since the process of determining the civil law status of a robot is not completed, and the construction of the concept of criminal law risks in robotics and artificial intelligence depends on it. The paper attempts to describe the criminal legal risks of using robotics and artificial intelligence for public security, to assess the available criminal legal means of counteracting the onset of socially dangerous consequences in the absence of adequate measures, to propose directions for improving the Criminal Code of the Russian Federation.

In order to counteract the spread of aggressive polycode texts in the Internet environment, a legal linguistic approach is required: the legal regulation of counteracting “speech” offenses should be based on a comprehensive study using special knowledge from the field of judicial speech, integrating the provisions of linguistics, social psychology, psycholinguistics, cognitive science and other sciences speech cycle. The authors examine (from the point of view of substantive law and judicial speech) the main speech actions that constitute a threat to the worldview security of communication in a digital environment and are implemented through the generation of polycode texts. The paper proves that the concept of a “multimodal text” is not equivalent to the concept of a “multicode (creolized) text”, because the selection of data from linguistic entities is based on different criteria: sensory modality and communication channel. The classification of communication channels proposed by the authors, the types of relations between the verbal and iconic components of multicode texts, and other abstracts of the paper are the starting points for further legal and linguistic research of criminogenic Internet communication that threatens information (worldview) security in the aspect of judicial linguistic examination.

The paper analyzes the situation in the field of informatization of the Russian advocacy, substantiates the need to create and develop a corporate advocacy work environment as part of the overall digital space of Russia. The need for unification of disparate processes of informatization and information interaction is substantiated. The paper also considers three groups of criteria, namely professional, procedural and consumer, which are required to qualified legal assistance provided by lawyers. The personality qualities of a modern lawyer are revealed, which contribute to his successful professional activity in the conditions of informatization of the Russian legal profession. These are qualities such as interest (In the chosen field of activity), morality, communication skills, punctuality, and ability to work under pressure. At the end of the paper, the author formulates the conclusion that the list of personality qualities of a lawyer considered is not exhaustive, but during the period of the COVID-19 coronavirus pandemic, in conditions of self-isolation, these qualities are the most important ones.

The paper examines the best practices of the European Union and its member states, as well as the United States of America in terms of legal regulation of the relationship between intellectual property law and regulatory framework that provides open access to research results and scientific information. The authors note that the scope of protection provided for research results in the two largest jurisdictions — the European Union and the United States of America — varies. It is emphasized that, although the implementation of the principles of protecting the results of scientific research provided for by supranational and national legislation is based on contractual agreements between authors, publishers and universities, the framework established by the copyright regime is a determining factor in the form in which these agreements take on. At the end of the paper the authors conclude that there is harmonization of the analyzed supranational and national legal regimes. The authors point out that supranational and national copyright regimes should create favorable conditions for the dissemination and reuse of state-sponsored scientific publications.

The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.

The paper attempts to comprehend the competencies of lawyers for the digital economy. The concepts of competencies, their various understandings and interpretations are given. The authors express their reasoned opinion about the significant advantages of the competency-based approach to education over the traditional one. The authors conclude that, among other things based on the results of the original sociological study, the competency-based approach is an objective trend in modern education, mainly supported by students, business and academic community. A review of the main approaches to the classification of competencies is carried out. The results of the authors’ questionnaire are given, indicating poor awareness among undergraduate and graduate students regarding the basic competencies of lawyers for the digital economy, as well as the sources of their regulation. The factors that impede the formation of these competencies among students are identified. The characteristic of the basic provisions of the educational standards of undergraduate and graduate studies is given, containing requirements for the formation of competencies of lawyers in the digital economy. The authors give suggestions on the modernization of these standards, taking into account the need for lawyers to create “digital” competencies. The role of educational literature in the process of their formation and assessment of development is shown.