Digital Technologies in Russian Legislation, Doctrine and Practice

 
PIIS0024087-5-1
DOI10.18254/S278229070024087-1
Publication type Article
Status Published
Authors
Occupation: Expert of the Russian Academy of Sciences; Professor of the Department of legal regulation of economic activity of the Financial University under the Government of the Russian Federation
Affiliation: Financial University under the Government of the Russian Federation
Address: Russian Federation, Moscow
Journal nameLaw & Digital Technologies
EditionVolume 2 №2
Pages18-25
Abstract

Digital transformation may influence the relationship between citizens and the state. Digital technologies change people’s life content while current legislation often fails to adequately respond to the challenges of new technologies and relevant social relations in a timely manner

This article discusses possible directions of legislative innovation and digital adoption practices required to stay up-to-date with the ongoing digitalization of social processes. The author analyses fundamental approaches, existing legal regulation and current digitalization practices. The process of mass digitalization can be launched only supported by the current law. The article explores theoretical provisions, conceptual methods and developments of digital technologies in business across various sectors at the present stage of economic development. The author underlines that technology  may allow new ways to organize production processes, financial services and logistics, which  in turn will benefit the business community and general population. The article examines the terms of digital, information and analog technologies. The author notes that the term “digital technologies” is not explicitly defined in the legislation of the Russian Federation. The article draws special attention to the emergence of new tools of the digital economy, key technologies such as assistive technologies, autopilot systems, drones, and digital platforms. The author also mentions the disadvantages of using some of the digital technologies and suggests the ways of further improvement of the considered digital technologies.

KeywordsDigital technology, legal regulation, artificial intelligence, internet of things, assistive technologies, autopilot systems, drone, digital platforms
Received17.01.2023
Publication date03.02.2023
Number of characters27049
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1

INTRODUCTION

Emerging digital technology that has become an integral part of our daily lives requires new legal understanding and, thus, laws and legal acts to regulate appropriate application.

2

Let me define the key terms to be used in this article: information, and digital and analogue technologies.

3

Digital and analog technologies are informational. Paragraph 2 of Article 2 of the Federal Law "On Information, Information Technologies and Information Protection" (hereinafter - the Federal Law "On Information") considers the term "information technologies" as processes and methods of searching, collecting, storing, processing, providing, and disseminating information, and execution of such processes and methods.

4

The way information is represented in analog technologies is an analog (continuous) physical quantity, for example, the voltage or the strength of the electric current. Analog technologies include among others the cassette recorder, mechanical clock, gramophone record, film camera, landline telephone.

5

Digital technologies convert information into a discontinuous (discrete) data set that consists of 0 (no signal) and 1 (signal present). In other words, instead of storing sounds and pictures as images on plastic or magnetic tapes, information is converted into numbers displayed and stored within them. Digital technology is a more advanced level in the development of information technology.

6

THE DEFINITION AND TYPES OF DIGITAL TECHNOLOGIES (DT)

Despite the increasing number of applications of digital technologies, there is still no unified interpretation of the term in the scientific literature.

7

According to Loseva, Tazikhina and Fedotova (2021), digital technologies are an information system that is based on discrete (discontinuous) ways of coding and translating data, allowing for a very short time to solve various problems. In this interpretation of digital technology, the use of the term "information system" is challenged.

8

Based on the concept used in Paragraph 3 of Art. 2 of the Federal Law “On Information", information system is a data set contained in databases, while information technology and technical means ensure data processing. Therefore, the definition proposed by Loseva, Tazikhina and Fedotova (2021) provides a limited definition of the concept, which violates one of the principles of definition construction - the principle of proportionality. Databases, as data storage, are a type of digital technology and are used in most, digital technologies. Wireless technologies, for example, exclusively transfer data between two or more points at a distance without using a wired network.

9

The State Standard 34.321-96 also does not explicitly describe the capabilities of digital technology: it only indicates that the information system organizes the storage and manipulation of information.

10

Romanova's (Romanova 2022) more broadly defines digital technologies as "a discrete system based on the methods of coding and transmission of information, which allows a variety of tasks in the shortest possible time”.

 

11

Lipsmeyer (2018) formulated his definition of digital technologies as the knowledge, skills, technological and technical solutions for the creation, processing, transmission, and use of digital data, as well as the systems and procedures for their practical implementation.

12

Certain types of digital technologies, such as social networks (change the way people communicate and interact within and outside the group), mobile technologies (provide instant access to information), analytical technologies (generate new information based on existing data) and cloud technologies (provide access to computing resources (CPU time, RAM, disk space, network connectivity), services, programs) are often only briefly listed in the literature, instead of framing the definitions for particular studies.

13

Kartskhia (2018) gives a more detailed description of the types of digital technology referring to them as high-speed and industrial Internet, integrated industrial networks and artificial intelligence, cyberphysical systems and neurotechnologies with a fundamentally new mechanism of interaction between humans and robotic devices. Kartskhia’s (2018) definition also includes technologies of automatic identification service, collection and processing of global databases, cloud computing services and computing, "smart" robotic complexes and devices, and various IT platforms and services (services) in digital environments like social networks.

14

Lipsmeyer (2018) outlines eight types of digital technology:

  1. Communication technologies intended for sending and receiving digital data (e.g. Bluetooth, 5G)
  2. Data storage technologies where digital data is stored without changes (e.g. databases, cloud technology)
  3. Analytical technologies for detecting dependencies and patterns (e.g. neural networks, machine learning)
  4. Manufacturing technologies that create a physically measurable result from digital data (e.g. additive manufacturing - 3D printing)
  5. Visualization technologies for the presentation of digital data (e.g. augmented reality technologies)
  6. Interface technologies linking humans to the digital world (e.g. neuro-computer interface (brain-computer interface)
  7. Interactive technologies for the use and creation of digital data, which put the functional focus on the application (e.g. a tablet can be used both for input to create digital data and for displaying information on a device)
  8. Sensor technologies that generate digital data based on physical geometry or movement. Through the use of these technologies, both the geometry of an object (e.g. length or width) and the physical (mechanical) movements (e.g. speed of movement or displacement) can be measured. These values measured with a DT are then converted into digital data (e.g. 3D scanner).

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1. Ackx S. 2014. “Emerging Technologies, Disrupt or Be Disrupted”. ISSE 2014 Securing Electronic Business Processes: Highlights of the Information Security Solutions Europe 2014 Conference. Wiesbaden: Springer Verlag: 177–187.

2. Analytical Center under the Government of the Russian Federation. 2020. “Regulation of digital platforms - ensuring competition while preserving incentives for development”. Bulletin on the development of competition. Issue № 32, >>>>

3. The Higher School of Urbanism. 2018. “Digitalization in small and medium-sized cities in Russia. Yandex. Taxi”, https://www.hse.ru/data/2018/06/06/1149766040/2018-06-GSU-HSE_pres_v6.pdf.

4. Imaeva, G., E. Sushko, I. Hildebrandt, L. Spiridonova, and T. Aimaletdinov. 2021. “Contribution of Digital Platforms to the Development of Creative Industries and Support of Creative Entrepreneurship”. Moscow: NAFI Publishing House.

5. Inshakova, A. and A. Goncharov. 2020. “Digital Mechanisms of Supporting Foreign Trade Transactions of Business Entities of BRICS Jurisdictions”. Education and Law. № 12: 148-144.

6. Kavadias, S., K. Ladas and C. Loch. 2016. The transformative business model. Harvard Business Review 1, https://search.proquest.com/docview/1827622937?accountid=15518

7. Lipsmeier A., M Bansmann, D. Roeltgen, C. Kuerpick. 2018. Framework for the identification and demand-orientated classification of digital technologies. New York City: IEEE.

8. Loseva O., T. Tazikhina and M. Fedotova. 2021. "Digital assets: economic, legal and technological contexts". Property relations in the Russian Federation. № 11.

9. Platon. n.d. “Mercedes-Benz joins the AuraBlockchain consortium as a founding member”, https://platoblockchain.net/ru/mercedes-benz-joins-aura-blockchain-consortium-as-founding-member-wwd/?ysclid=l7j3wtek33196543256

10. Nagrodskaya, V. 2019. New technologies (blockchain / artificial intelligence) at the service of law: scientific and methodological manual. Edited by L. Novoselova. Moscow: Prospect.

11. Official Internet Portal of Legal Information, http://www.pravo.gov.ru

12. Official Internet Portal of Ministry of Digital Development, Communications and Mass Communications of the Russian Federation, https://digital.gov.ru 

13. Romanova T. 2022. Digital technologies are the future of humanity. FB. http://fb.ru/article/335698/tsifrovyie-tehnologii-eto-buduschee-chelovechestva

14. Sannikova, L. and U. Kharitonova. 2020. Digital assets: a legal analysis: a monograph. Moscow: 4 Print.

15. Sberbank Analytical Research Center. 2017. Presentation "Why Sberbank needs Blockchain, http://files.runet-id.com/2017/rif/presentations/19apr.rif17-1.2--bulichkov.pdf

16. Selyukov, A. 2018. Digital economy as an object of financial and legal support in the Russian Federation (conceptual aspects). Financial Law. № 10: 19-24.

17. Strategy of Digital Transformation: Write to Execute. 2021. Edited by E. G. Potapova, P. M. Poteev, M. S. Shklyaruk. M.: RANEPA.

18. Tarasov, I. 2019. Approaches to Forming a Strategic Program of Digital Transformation of an Enterprise. Strategic Decisions and Risk Management. №10 (2): 182-191.

19. Sap.com. 2018. “The Digital Storm will Impact Every Industry”, https://www.sap.com/cis/documents/2018/11/6ca72e20-2a7d-0010-87a3-c30de2ffd8ff.html

20. Vishnevskiy, K., L. Gokhberg, V. Dementyev, U. Dranev, M. Klubova, M. Kotzemir, I. Kuzminov, I. Lola, S. Privorotskaya, P. Rudnik, A. Sokolov, E. Streltsova, U. Turovets, K. Fursov, E. Khabirova, A. Altynov, V. Evtushenko, I. Kuchin and P. Lobanova. 2021. "Digital Technologies in the Russian Economy". Ed. by L. Gokhberg; National Research University "Higher School of Economics". Moscow: National Research University Higher School Of Economics.

21. Wade, M., A. Noronha, J. Macaulay and J. Barbier. 2017. “Orchestrating digital business transformation. Working in Concert to Achieve Digital Excellence”. Global Center for Digital Business Transformation, https://www.imd.org/research-knowledge/books/orchestrating-transformation/

22. World Bank. 2016. Digital Dividend Report, https://openknowledge.worldbank.org/

23. Zavyalova, E., E. Shumskaya, and A. Shumskaya. 2019. Transactions in the Digital Age: Blockchain Technology and Smart Contracts. Law and Management. XXI century. 3 (52): 32-28.

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