DIGITALIZATION OF THE LEGAL SPACE

Abstract

In this article, the author examines current issues of legal regulation of digitalization, program documents in the field of digitalization. It is proposed to consider the application of fictions to the regulation of relations in the field of information technology. This paper also draws attention to the important aspects of ensuring compliance with the obligations of non-proliferation of information and confidentiality, the development of the institute of personal data protection, backed up at the constitutional level by guarantees of privacy, personal and family secrets.

It also discusses current issues of legislative regulation and foreign experience in establishing the right to oblivion (digital death), regulation of blockchain, bitcoin, cybersecurity, legal personality, legal status and responsibility for the actions of artificial intelligence carriers (here in after – AI). The author's proposal is given to resolve torts involving AI carriers and to establish manufacturer's liability with features for AI carriers with the self-learning function. The ethical standards adopted in foreign countries for robot manufacturers, in particular in Germany, South Korea, and the United States, are considered.

The article presents current aspects of the division of labor between human and robot, the point of view of scientists on the further development of education. The possibility of using AI in the administration of justice is analyzed. In order to make more complete use of the possibility of using evidence applying digital technologies in criminal proceedings provided for by the Criminal procedure code of the Republic of Kazakhstan, the author presents proposals for improving the criminal procedure code.

The article highlights the activities of the Institute of legislation and legal information of the Republic of Kazakhstan on the placement of normative legal acts in electronic form and maintenance of information and reference systems, in the field of legal propaganda, digitalization of methods and methods of providing legal information.

In conclusion, the important role of modern legal doctrine in creating an optimal model of the mechanism legal regulation of public relations in the field of digital technologies is noted.