Approaches to the elimination of legal barriers in the field of regulation of data flows, technologies and online platforms for the development of the digital economy in Russia

Abstract

The subject of the research work is legal relations in the fields of regulation of datacirculation; of the use of disruptive digital technologies (for example, blockchain, the internet of things, artificial intelligence, etc.), of the development of the platform economy, of the development of digital interaction between economic entities. The relevance of the study is prompted by the implementation of the federal project “Legal regulation of the digital environment”, which provides for the development and adoption of several legal acts aimed at removing the primary barriers against development of the digital economy in such areas as civil circulation, financial technologies, intellectual property, telecommunications, legal proceedings and notaries, standardization, etc. At the same time the project does not set the ambitious goals to remove the existing barriers in the field of the data regulation, which drive the digitalization of the economy, and which are related to, for example, the requirement for total data localization and to the binary approach to the definition of personal data, to create legal conditions for the large-scale implementation of breakthrough digital technologies, with regard to new regulatory requirements (for example, the functioning of artificial intelligence systems) and Russia's leadership in the development of the platform economy. Without solving these problems, it is impossible to ensure the digital transformation of the Russian economy. The novelty of the study is in that it suggests solutions to the tasks of creating a digital economy regulation system in Russia that consider the latest recommendations in this area and current challenges. The objective of the research work is to form proposals for eliminating legal barriers in the regulation of data circulation; the use of breakthrough digital technologies (for example, blockchain, the Internet of things, artificial intelligence, etc.), the development of platform economy, the development of digital interaction between economic entities. The research methodology includes methods of logical, systemic, and comparative analysis using Russian and foreign legal acts, and analytical materials of competent authors and international organizations. To achieve the objective, the following tasks are to be solved: − analysis of the impact of legal barriers in the regulation of data circulation, the use of digital technologies, and the operation of digital platforms on creating conditions for digital transformation of the economy. − analysis of the OECD standards for data circulation regulation, use of breakthrough digital technologies (for example, blockchain, internet of things, artificial intelligence, etc.), development of the platform economy, and development of digital interaction between economic entities. − analysis of the approaches of the OECD member states to the task of removing legal barriers to the digital transformation of the economy. − proposals for the elimination of legal barriers in the regulation of data circulation, the use of digital technologies, and the operation of digital platforms that impede the digital transformation of the Russian economy, also in the context of the application of restrictive economic measures against Russia, as well as retaliatory measures that may create risks for the development of the digital economy. The research resulted in the development of proposals for the elimination of legal barriers in the circulation regulation, the use of digital technologies, and the operation of digital platforms that impede the digital transformation of the Russian economy. The contribution of the study is prompted by the need to improve Russian legislation on the digital economy.

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