Adaptive capabilities of Russian law in the context of digital transformation

Abstract

The paper analyzes current issues of legal transformation in the context of digitalization. It is noted that, despite the existing and undeniable opinion of experts on the importance of digital transformation of law, this issue is not sufficiently developed, there is no consensus on what exactly this transformation should be expressed and whether the legislation has a sufficient degree of adaptability. Meanwhile, the ability of the law to adapt to the requirements of the digital age has an impact on ensuring the positive development of the digital economy, on clear processes for implementing ‘digit' and on minimizing possible risks. The author pays main attention to the directions and stages of adaptation, determination of the legal status of digital technologies, their protection capacity and delinquency. The author identifies four components of adaptability of modern law and suggests evaluating it in two main directions: legal categories and institutions and private issues of technology regulation. Special attention is paid to the issue of copyright in the field of technology, but it is emphasized that first of all, the legal nature of the rights to the products of digital technologies should be determined. Based on expert assessments, key parameters of legal regulation of digital technologies and their products are determined and the need to supplement civil, financial and information law with new categories and institutions is justified. It is emphasized that the digital economy requires the development and adoption of fundamentally new legal structures. In addition, their development requires the efforts of the entire international community to ensure the universality of the law.