Digitalization and Human Rights Issues in the Realities of the Modern World
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Digitalization and Human Rights Issues in the Realities of the Modern World
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Natalia Semilutina 
Occupation: Dr. Sci. (Law), Chief Researcher, Center of International Law and Comparative Law Studies, Institute of Legislation and Comparative Law under the Government of the Russian Federation; Professor at the MGIMO University
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
Anatoly I. Kovler
Occupation: Dr. Sci. (Law), Prof., Honored Lawyer of the Russian Federation, Head of the Center of International Law and Comparative Legal Studies, Institute of Legislation and Comparative Law under the Government of the Russian Federation
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
Pages
5-16
Abstract

The introduction of computer information technologies into the legal space poses a number of problems for legal science and practice in the protection of human rights involved in the sphere of economic activity. The article aims to consider these legal relations primarily in the field of international trade, where electronic document management was developed earlier than other areas. At the same time, the emphasis is placed on the property rights of individuals and legal entities involved in entrepreneurial activity. It is concluded that the disappearance of a person as the main (primary) subject endowed with consciousness and will, and the transition to an impersonal form of algorithmic regulation represents a dangerous trend. As an example, the analysis of “blockchain technology” as a new organizational paradigm of human activity is given. The potential danger of using artificial intelligence as a tool to influence the mass consciousness of people is also analyzed. It is noted that the widespread dissemination of fake information not only changes human consciousness, but also violates the right to personal integrity. The misuse of personal data, including voice and image, for commercial purposes is a form of “identity theft”. These phenomena prompt us to re-raise the issue of giving human rights a new dimension. The final conclusion on the need to modernize human rights in the context of digitalization is formulated.

Keywords
informatization, legal regulation, human rights in economic activity, artificial intelligence, human rights
Date of publication
28.10.2024
Number of purchasers
1
Views
34
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1. Andromachi G. Metarules, Judgement and Algorithmic Future of Financial Regulation in the UK. Oxford Journal of Legal Studies, 2023, vol. 43, iss. 4. DOI: 10.1093/ojls/gqad014. 
2. Brkan M. Do algorithms rule the world? Algorithmic decision-making and data protection in the framework the GDPR and beyond. International Journal of Law and Information Technology, 2019, vol. 27, iss. 2. 
3. Nerantzi E., Sartor G. “Hard AI Crime”: The Deterrence Turn. Oxford Journal of Legal Studies, 2024, vol. XX, no. XX. DOI: 10.1093/ojls/gqae018. 
4. Hegel G. W. F. Philosophie des Rechts. Transl. from German. Moscow, 1990. 524 p. (In Russ.) 
5. Genkin A., Mikheev A. Blockchain: how it works and what awaits us tomorrow. Moscow, 2018. (In Russ.) 
6. Doronina N. G., Semilyutina N. G. Desubjectivization of legal relations in the digital economy. In: Pashentsev D. A., Zaloilo M. V. (eds). The subject of law: stability and dynamics of legal status in the context of digitalization. Moscow, 2021. 480 p. (In Russ.) 
7. Ihering R. Legal technology. Transl. from German. St. Petersburg, 1905. (In Russ.) 
8. Ioffe O. S. Legal relationship on Soviet civil law. In: Ioffe O. S. Selected works on civil law: From the History of Civil Thought. A civil legal relationship. Criticism of the theory of “economic law”. Moscow, 2000. (In Russ.) 
9. Kovler A. I. Anthropology of Human Rights in the Digital Age (the Essay of the Comparative Legal Method). Journal of Russian Law, 2022, vol. 26, no. 12, pp. 5—29. (In Russ.) DOI: 10.12737/jrl.2022.125. 
10. Swan M. Blockchain. Blueprint for a New Economy. Transl. from English. Moscow, 2017. (In Russ.) 
11. Polyansky N. N. Iosif Alekseevich Pokrovsky (the personality of the deceased and his works). In: Pokrovsky I. A. The main problems of civil law. Moscow, 1998. 
12. Semilutina N. G., Ternovaya O. A. (eds). Legal regulation of e-commerce in foreign states. Moscow, 2019. 272 p. (In Russ.) 
13. Savelyev A. I. Contract Law 2.0: “Smart Contracts” and the Beginning of the End of the Classic Contract Law. Vestnik grazhdanskogo prava, 2016, vol. 16, no. 3, pp. 32—60. (In Russ.) 
14. Khabrieva T. Y., Kovler A. I. (eds). Modern Concepts of the Rule of Law and the Law- Governed State: A Comparative Legal Study. Moscow, 2024. 416 p. (In Russ.) 
15. Shaidullina V. K., Mostovshchikov A. A. Smart contracts: possibilities of use in international financial relations. In: Truntsevsky Yu. V. (ed.). Legal regulation of contractual relations arising in connection with the development of digital technologies (smart contracts). Moscow, 2019. (In Russ.)

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