Gaps and conflicts of law in the digital age

• Tatyana V. Mordovtseva

  Tatyana V. Mordovtseva. Taganrog Institute of Management and Economics/ Taganrog. Russia

• Evgenia V. Polyakova

  Evgenia V. Polyakova. Vladivostok State University. Vladivostok. Russia

Abstract. The article is devoted to the study of the transformation of law in the era of digital technologies and the transition to atypical forms of legal relations. The subject of the research is the collisions and gaps that arise as a result of the application of the norms of positive law in the field of regulation of the digital order of social relations. The purpose of the study is determined by the need to resolve the existing contradiction between the sectoral approach to the understanding of digital law and its interpretation as a new methodology of law formation and law enforcement. On the basis of general scientific methods of analysis, synthesis, comparison and explanation, the main deductive
conclusions were obtained about the inevitability of the transition of the system of traditional law to the digital dimension of reality, devoid of spatial and territorial localization, in which the legal norm loses its subject-object orientation and expands to the point of interpreting it as a situation of communicative interaction or data exchange. The application of the scientific foresight method describes a possible scenario for the future status of digital law that regulates relations between quasi-entities endowed with different types of intelligence – artificial and natural. The main results and conclusions obtained in the course of the study and characterizing its novelty are as follows: firstly, the interdis-
ciplinary status of digital law as a new type of normativity regulating relations with atypical subjects and objects of the technological sphere is substantiated, secondly, the transformation of law in relation to changes in the structure of personal consciousness, the depersonalization of connections and relations in the context of virtual communications is shown, thirdly, the permanent the property of conflict and gap of normative (written) law during its transition to a digital format of regulation of non-natural, artificial products of cognitive activity of machines. The field of application of the obtained results is determined by the framework of theoretical and legal knowledge, the practice of cre-
ating conditions for the technological sovereignization of Russia.
Keywords: digital law, positive law, gaps, collisions, artificial intelligence, digital technologies.