Transformation of Non-judicial Legal Procedures Under the Influence of the Internet
The aim of the study is to research the impact of the Internet on non-procedural legal procedures. The research methodology is based on the application of general logical methods, system-structural and formal-logical methods. Such special legal methods of cognition as formal legal, comparative legal, and legal methods of interpretation of legal norms were also used. As a result of the study, the following directions for the transformation of legal procedures were identified: emergence, change and termination of legal procedures under the influence of the Internet. Procedures were studied using the features of legal procedures distinguished in legal theory: aiming at achieving a legal result; structure that includes sequence of successive behavioral acts; model (program) of development; hierarchy; dynamism; subsidiary character; formal determinacy; combination of rules. The following areas of influence of the Internet and technology on legal procedures are highlighted: systematization of legally relevant information; usage of self-regulation as an important non-processual method of regulation in the Internet; simplification of interaction between the state and citizens in information exchange and receipt of state services; transformation of some procedures in the electronic form; provision of legal procedures with technical capabilities. After emergence and development of various technical tools, they are integrated in the legal system and have a significant impact on the legal infrastructure as an element of the legal system (institutional level of the legal system). There are also new legal procedures that underline, on the one hand, dynamism and flexibility of the legal system and, on the other hand, express its openness: technical and other information is integrated in the legal system enriching it and helping to create new technical legal procedures.
KeywordsLegal procedure Legal system The internet Information and communication technology Self-regulation Procedural
JEL ClassificationK240 K400
The work was supported by Russian Science Foundation (project No. 18-78-10075).
- 1.Davydova, M. L., & Makarov, V. O. (2016). Transformation of the legal system under the influence of the Internet. Legal Concept = Pravovaya Paradigma, 15(4(33)), 50–57.Google Scholar
- 2.Philatova, L. V. (2012). Issues of systematization of legislation in the accounting activities of the authorities. Legal World, 2, 32–36.Google Scholar
- 3.Sidorko, T. G., & Mkrtchyan, A. A. (2015). Revisiting the issue of legislative regulation of rules of notarial actions in the Russian Federation. Multitopic Network Electronic Scientific Journal of Kuban State Agrarian University, 105, 981–999.Google Scholar
- 4.Lessig, L. (2006). Code. Version 2.0. New York, NY: Basic Books.Google Scholar
- 5.Azizov, R. F. (2016). Legal regulation in the internet: Comparative and historical legal research. Saint-Petersburg.Google Scholar
- 6.Droga, A. A., & Droga, M. A. (2015). Urgent issues of legal regulation of the Internet space. Journal of Omsk University, 3(44), 153–156.Google Scholar
- 7.Arkhipov, V. V. (2016). Internet law. Moscow.Google Scholar
- 8.Minbaleyev, A. V. (2012). Theoretical rationale for legal regulation of mass communications in development of informational society. Chelyabinsk.Google Scholar
- 9.Perritt, Henry H., Jr. (2000). The Internet is changing the public international legal system. Kentucky Law Journal, 88(1999–2000), 885–955.Google Scholar
- 10.Savelyev, A. I. (2016). Contract law 2.0: Smart contracts as the beginning of the end of classic contract law. Journal of Civil Law, 3, 32–60.Google Scholar