Review No. 2 2020
The second volume of the international scientific and practical journal “Law and Digital Economy” was published.
The first article of the volume is “Problems of using digital technologies in the implementation of the rights and freedoms of citizens” by А.А. Uvarov and A.A. Uvarov. The article analyzes the legal problems of the development of digital technologies, some issues of judicial practice for the protection of citizens’ rights in the Internet sphere, one-sidedness and inflexibility of the judicial system in resolving relevant litigation. In the conclusion, several questions are presented concerning the legislative requirements in the field of ensuring the rights and freedoms of citizens.
Article written by O. V. Kozhevina dedicated to the comparative analysis of the patterns of Russia and France in the field of digital security. The author emphasizes that the desire for the development of information and communication technologies and their widespread penetration into the sphere of public, political and economic evidence indicates the need for efforts in the aspect of ensuring digital security. Digital security is a set of measures to protect confidentiality, integrity and availability from external unauthorized influences, virus and hacker attacks, and minimize information threats and risks. In addition, the use of digital security tools at the corporate level indicates the implementation of an integrated system of compliance, risk and crisis management.
The topic of the article written by E.I. Leskina were the issues of digitalization in the sphere of labour. The article notes that the need for relevant scientific research is mandatory. The object of the research is the social relations that develop in the process of digital processing in the spere of labour. The subject of the article are normative legal acts in the field of digitalization of labour relations, materials of law enforcement practice.
An innovative topic for the research was proposed by A.Ya. Akhmedov. In his article “On the issue of recognition of smart contract as a comtractual construction”. The article disputes such a characteristic of a smart contract as the conditional nature of the transaction. The purpose of the article is to establish the features of a smart contract and compare them with the features of an escrow agreement. The author classifies a smart contract as a special contractual structure, while noting its essential features.
The implementation of the principle of good faith with regard to the relations of the parties to a smart contract is analyzed in the article written by A.A. Volos. In the research based on Russian and foreign experience, the problem of applying the principle of good faith in relationships is designated. This means that the principle of good faith remains relevant and binding, which can be used in both legislative and law enforcement activities.
The volume ends with an article written by L.V. Borisova “On the main directions of the formation and development of electronic justice in modern Russia”, which offers a three-sided understanding of electronic justice in Russia: in a narrow, broad and extended sense. According to the author, this may make practical sense. Taking this into account, the main directions of its further development have been determined.