Authors |
Occupation: Head of the Department of Civil Law and procedure and Private International Law, Peoples’ Friendship University of Russia (RUDN University) Affiliation: Peoples’ Friendship University of Russia (RUDN University)
Address: Russian Federation, Moscow
Occupation: leading researcher of the Institute Affiliation: State and Law of the Russian Academy of Sciences
Address: Russian Federation
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Abstract | the article is aimed at analyzing the possibilities and prospects of transition from theoretical and legal concepts of juridical technique and technology to the doctrine of legal architecture and engineering in the sphere of legislative process. This transition is caused by intensive process of digitalization of social relations, as well as those lying in the sphere of law-making process, which, by changing the traditional forms of legislative process and transferring them to the digital reality, requires the development of appropriate legal doctrine as well. Theoretical review of the legislative process as a part of legal architecture allows not only to significantly update its legal doctrine, but also to identify and explain the qualitative changes in it, caused by the possibility of applying innovative technologies. Goal: to form a theoretical and legal concept of legal architecture in the legislative process as a result of evolution of juridical technique, technology and legal architecture, taking into account the existence of modern digital environment and innovative tools. The research methods are based on the general scientific dialectical methodology, which allows us to consider legal architecture in the legislative process in action and in interaction with related phenomena (technique, technology, engineering). The methods of formal and dialectical logic, ascent from concrete to abstract, from abstract to concrete, as well as such categories of dialectics as cause and effect, possibility and reality were used by the author in the article. Private scientific methods of cognition were also applied: historical-legal, formal-legal, comparative-legal. Results: the research on the evolution of development of the doctrine of juridical technique and technology has shown that to date it needs a new perspective and angle for describing the legislative process in the modern digital reality. Conclusions: digitalization and informatization of public relations and social communications will inevitably change all spheres of human activity, including the legislative process. The concept of legal architecture will allow to describe the features of “electronic” legislative process, and at the practical level - to support legislative process at all stages - from the formation of the “idea of law” to the recognition of its annulment with the use of modern technologies and processes (automation, robotization, artificial intelligence, etc.). |