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2 Legal Issues Digit. Age 3 (2021)

handle is hein.journals/lglisited2 and id is 1 raw text is: Digital Law and Digital Rights
in Russia: Polemical Notes
Elvira Talapina
Chief Researcher, Doctor of Juridical Sciences, Doctor of Law (France), Institute
of State and Law, Russian Academy of Sciences. Address: 10 Znamenka Str.,
Moscow 119019, Russian Federation. E-mail: talapina@hotmail.com
Abstract
Digitalization has become omnipresent today. No longer limited to the security
sphere, digital technologies are actively transforming society as a whole. However,
the conservative institution of law does not always respond promptly to changes, and
many lawyers believe that the traditional legislation in force is sufficient to handle this
new object of regulation. Yet the fact is that this object cannot be called traditional
from the regulatory standpoint. Technology has a powerful impact on both law and
the state and so requires new solutions. Under such circumstances, it is important
to gain a legal understanding of digitalization without delay. The purpose of this
article is to analyze the current state of legal regulation of digital technologies in
Russia. By employing classical legal methods for analyzing doctrine, legislation and
jurisprudence, the author comes to the conclusion that digital law is a new branch of
law. At the same time, its most significant aspect is the regulation of digital rights -
subjective rights associated with the use of digital technologies. Despite the neutral
and universal character of technologies, a comparative legal approach allows us to
identify the specific features of Russian digital law, as well as the nuances of the
regulation and protection of digital rights in Russia. The present article reflects the
author's position and strives to inspire further discussion about these issues.
Keywords
digital law, digital rights, digital data, technology law, neutrality, cyberspace.
For citation: Talapina E. (2021) Digital Law and Digital Rights in Russia: Polemical
Notes. Legal Issues in the Digital Age, no 1, pp. 3-16.
DOI: 10.17323/2713-2749.2021.1.3.16
Introduction
While law does not always take a lot of interest in the development of
digital technologies, it has, at least, begun to perceive them as an object
of regulation today. The term digital is used on two basic levels in law:
This article is published under the Creative
Commons Attribution 4.0 License                                 3

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