LAW IN DIGITAL REALITY
Authors: Pavlenko Zhanna 
Published: October 2021

The Problem setting. Due to the rapid development of digital technologies, the issue of status settlement and the use of artificial intelligence technologies is especially relevant. This fact indicates the need and importance of finding answers to the question and aims to intensify and unite the efforts of the scientific community to address relevant issues. One of the areas of scientific research is the doctrinal development of new phenomena and processes that have arisen and are taking place in the state and legal sphere under the influence of digitalization of economics, management and law. The tasks of scientific research are to comprehend the impact of the digitization process on the state and legal sphere of society; law as such; assessment of the transformations that are taking place and identification of trends in their dynamics; forecasting the state of these phenomena in the future; formulation of fundamental and applied problems of legal science in terms of doctrinal development of the laws of development and functioning of law, state and legal sphere of society in the conditions of digital reality, determination of approaches to their solution.

Recent research and publications analysis. An analysis of recent research and publications shows that scientific research on this issue is carried out mainly within the economic, political, computer, legal sciences, although the problems and prospects of digitization of law require a deep and thorough philosophical, including philosophical and legal understanding. The rapid development of new technologies, in particular artificial intelligence technologies, the Internet of Things, cloud technologies, etc., is contributing to changes in current legislation. Today, advanced economies are already pondering the question of regulating the status and use of AI technologies. While these are only the first bold steps, in the future, all of these can affect global changes in the legal system - perhaps full-fledged comprehensive institutions of law, even the branches of law.

Paper objectiv. The purpose of this article is a philosophical and legal understanding of the impact of digitalization on the state and legal sphere of society and law as such.

Paper main body. One of the practical aspects of digitalization is the manifestation of the state’s ability to provide various services. If necessary, citizens receive certificates, records, statements, responses to electronic inquiries, electronic payments. Other practical aspects, provided that these technologies are used wisely, can improve welfare in education, public safety, and health. In addition, digital imaging can also help address common global issues, such as climate change and greater access to health care and mobility.

At the same time, according to many researchers, along with the benefits of digital technologies, including artificial intelligence, new types of ethical issues are being raised, namely compliance with legal ethics standards by artificial intelligence systems and justice, the most important of which are respect for human rights and democratic values. , as well as the danger of transferring prejudices from the analog to the digital world. Researchers have linked the legal challenges of using artificial intelligence technologies in legal practice to a number of issues. In particular, with such as: ensuring data confidentiality; access to confidential law enforcement information; lack of regulatory framework for the use of artificial intelligence systems in legal practice; protection of intellectual property; risk assessment of the use of artificial intelligence systems by a lawyer when working with a client; other potential problems of lawyer’s liability; dangers of unauthorized access and modification of artificial intelligence systems by attackers; damage to artificial intelligence systems by malicious virus programs; violation of the terms of providing advice from artificial intelligence systems in case of technical problems, etc. Therefore, the development of systems that transparently use artificial intelligence and are responsible for their results is critical. Artificial intelligence systems must function properly and safely.

According to experts, the unresolved in Ukraine of many political and legal issues related to the rapid development of the information and communication sphere with the advent of digital technologies has become dangerous. It is obvious that the transformations in society associated with these processes require new approaches to the development of national policies for the digitalization of society, which should be based on international agreements. Due to these transformations, there is a need to develop strategic documents that will regulate this area. These documents should be flexible and designed to take into account the maximum amount of data, as well as ensure the free development of innovative technologies and prevent possible risks.

Issues of development of the digital economy and society of Ukraine do not fully meet today’s conditions, not enough account is taken of the transformations that have emerged and are currently taking place both in law and in the field of legal regulation under the influence of digitalization. Digital technologies are able to change the image of law, to influence its regulatory potential and efficiency, to open the way or to block its action in new dimensions of social reality. Traditional rather than digital vision of law, legal technologies and certain types of legal activity by legislators is a consequence of the lack of relevant scientific developments that will identify and explain the impact of the digitization process on the law and the legal sphere of society. The practical need for this kind of research is now greater than ever. In order to satisfy it, scientists should intensify work in this direction.

Conclusions of the research. The new digital reality puts forward new requirements for legal science and legal practice, including the development of effective tools and models of legal regulation of various spheres of public life. In modern conditions, law becomes not only a means, a tool that provides digitalization of the economy, government and other segments of social life, but also the object of digitalization. With the development of digital technologies, the contradiction between the need for quality both in terms of form and content of regulations, as well as the ability to meet it in a short time. The task of the state is both to provide favorable conditions conducive to digitalization and to create opportunities for their implementation.