On the right of manuscript
GOLOSKOKOV Leonid Viktorovich
MODERNIZATION OF RUSSIAN LAW:
THEORETICAL AND INFORMATIONAL APPROACH
Speciality 12.00.01 – theory and history of law and state;
history of studies in law and state
Author’s Abstract
of thesis for a Doctor’s degree in Law
Krasnodar 2006
The Thesis is completed at the Chair of Theory and History of State
and Law of the Federal State Educational Institution of Higher Professional
Education “Kuban State Agrarian University”
Science Consultant: Ph. D. (Law), professor
Malko, Alexander Vasilyevich
Official Opponents: Ph. D. (Law), professor, Honoured
Lawyer of the Russian Federation
Bobylev, Anatolii Ivanovich
Ph. D. (Law), professor
Butko, Lyudmila Vasilyevna
Ph. D. (Law), professor
Komarov, Sergei Alexandrovich
Leading Organization: State Educational Institution of
Higher Professional Education
“Rostov State University”
The defence of the Thesis will take place on the 16th of November
2006 at 10 a.m. at the session of Regional Thesis Council DM-220.038.10
attached to the Federal State Educational Institution of Higher Professional
Education “Kuban State Agrarian University” address: 13 Kalinin Str.,
Krasnodar 350044; Lecture-hall 215.
To get acquainted with the Thesis apply to the library of the Federal
State Educational Institution of Higher Professional Education “Kuban State
Agrarian University”.
The Author’s Abstract’s sent to circulation on October 12. 2006.
Science Secretary of
The Thesis Council
Ph. D. (Law), professor
V.P. Kamyshansky
3
GENERAL DESCRIPTION OF THE WORK
Topicability of the Subject of the Research. The
intensification of courses of social processes, development of business and
economics require appearance of new management instruments, allowing to
not only react to different events, but also to regulate social relations in the
real-time regime and form them in the required direction in good time. The
contemporary law often cannot offer effective means of quick and accurate
regulation of the dynamic social reality and consequently requires
modernization on the basis of the latest scientifical and technical
achievements. Hence, to define the mostly perspective directions of such-
like modernization and to work out its conception is a most important goal
of the present-day law theory.
The President of the Russian Federation V.V. Putin ascertained in his
Message to the Federal Assembly on May 26, 2004, that we “are actively
modernizing our state striving for the conformity of its functions with the
contemporary stage of development of Russia, the stage to ensure
essentially higher living standards”1. Of course, it’s necessary, as considers
Y.A. Tikhomirov “to conduct more effective and systematic state
modernization”2 further on, but as soon as the development of the state and
the development of the law are closely connected, it’s quite justified,
according to V.D. Zorkin “to state the question of necessity of a full-scale
law reform in Russia. If it is not forced up, all other reforms in the country
are sure to skid, and very soon”3.
Such a reform may be conducted in various ways. Our research is
devoted to the informational modernization, based on automatization of
law-creative and law-realizing process, law mechanism, deep conjugation of
info-communicative technologies (further ICT) and law. Informational
modernization must impart to law such qualities that will allow it to reflect
quickly and adequately present-day realities and will adapt it to the
purposeful convertive mission of the situation and itself; besides, it must
lead to forming of network law. This vector in law development is to be set
up because of the fact the Russian state has already started to transform into
1
Putin, V.V. Epistle to Federal Assembly of the Russian Federation, May 26, 2004. Official
Site of President of Russia, http://www.kremlin.ru/appears/2004/05/2003-type
63372_71501.shtml
2
Tikhomirov, Yu.A. On State Modernization / Russian Law Journal. 2004. No. 4. p. 6.
3
Zorkin, V.D. On Threats to the Constitutional System in XXI century and necessity of Legal
reform in Russia // Russian Law Journal. 2004. No. 6. p. 12.
4
a “network” state in accordance with the conceptions of creation of an
informational society”.4
The aims of informational modernization of Law are in strengthening
of communicative functions of law, finding methods of regulation in the
real-time regime of those developing in the cyberspace social relations,
methods of automatization of law-creative and law-realizing processes,
speeding of legal procedures and achieving single-valued court decisions.
While using only one separate method it’s impossible to solve fully these
problems. Being aware of this fact, we choose the informational approach,
as it integrates in itself many other aspects of modernization of law, allows
its full consideration both from various general theoretical and legal
positions and from the levels of branches and subbranches of Law, that will
allow to combine two different views into one integrity. Besides, our choice
was determined by the fact that rates of ICT development are much higher
than the speed of reception by law of new technologies and the speed of the
qualitative changes of the law itself, while many other spheres of human
activities are already unimaginable without ICT, and as a rule, use the latest
ICT achievements getting every time a new impulse for development.
Consequently, there appears a necessity of regulation of the rates of these
processes and reinforcement of use of law sphere of new technologies.
Elaboration Extent of the Subject. Investigators of
modernization of law pay as yet more attention to its historical aspects. This
is natural, as modernization of modern law is impossible to imagine without
good of understanding of modernization processes of the past. Thus,
A.V. Malko and A.Yu. Salomatin consider modernization as a historically
long and geographically scattered process of law modernizing and adapting
it to the realities of industrial and post-industrial societies; they investigate
the revolutionizing impulse of the modernization of law that was given by
the 18th century revolutions in France and America, and later on – such
processes as appearance of constitutional law and comparative law
researches, reinforcement of judicial power independence, informatization
of law.5
Many-sidedness of the subject of the research allows to imply such
ways of study that are characterized by different degrees of approach
4
See. E.g.: Conception of legal informatization of Russia (approved by the Decree of President
of the RF on June 28, 1993. No. 966) Coll. Acts of the President and the Russian Federation
Government. 1993. No. 27. Ch. 2521; RF Government Enactment of January 28, 2002. No. 65
«On Federal Aims Program “Electronic Russia” (2002-2010)”» // LC RF. 2002. No. 5.
Ch. 531.
5
See: Malko, A.V., Salomatin, A.Yu. Modernization of Law in Global Survey // Legal
Modernization: Foreign and Home Experience. Coll. Scientific Articles / Ed. By A.V. Malko,
A.Yu. Salomatin. Penza, 2004. pp. 12-21.
5
towards modernizational and informational themes. Directly to the
modernization of law are dedicated theses by I.V. Arkhipov, A.V. Belinkov,
and A.Yu. Salomatin. Problems of modernization of law start being
discussed in articles,6 collected scientific works,7 monographies,8 where we
can find precise definition of terminology, setting of new problems. As for
the informational aspects of law, they are being investigated chiefly on the
basis of the new field – informational law. At the same time at present there
are practically no theoretical law investigations of the informational
modernization of the Russian Law. This fact predetermined the choice of
the subject of this research.
The Theoretical Basis of the Thesis Research: works of
Russian and foreign specialists in Jurisprudence, History, Philosophy,
Sociology. The author grounded upon theoretical works of S.S. Alekseyev,
M.I. Baitin, A.I. Bobylev, L.V. Butko, D.A. Kerimov, S.A. Komarov,
V.V. Lazarev, A.V. Malko, M.N. Marchenko, N.I. Matuzov, V.S. Nersesyants,
V.V. Oksamytniy, A.S. Pigolkin, V.P. Salnikov, V.M. Syrykh,
Yu.A. Tikhomirov, B.N. Topornin.
Problems of informational security, state legal mechanism found
reflection in the theses of V.M. Boer, A.V. Vasilyev, E.P. Grigonis,
V.N. Lopatin, L.A. Morozova, O.A. Puchkov, R.A. Romashov,
V.N. Sinyukov, S.V. Stepashin, I.I. Sidoruk. The communicative function
of law was investigated by A.V. Polyakov, and the info-communicative
function of state – by I.Yu. Nikodimov. A great contribution into
investigation and development of the informational law was made by
Russian scholars, such as A.B. Antopolskiy, I.L. Bachilo, G.V. Belov,
N.V. Vitruk, O.A. Gavrilov, O.A. Gorodov, V.A. Kopylov, V.N. Lopatin,
A.S. Narinyani, A.N. Pyavchenko, M.M. Rassolov, S.I. Semiletov,
L.A. Sergiyenko, A.V. Shamraev, I.I. Yuzvishin, etc.
The growing role of ICT in different aspects was studied by: D. Bell,
M. Castells, J. Dewey, P.F. Drucker, D. Hunter, Y. Masuda, M. McLuhan,
6
See, e.g.: Malko, A.V., Salomatin, A.Yu. On some features of modernization process at
present // State and Law. 2004. No. 3. pp. 23-31; Mitin, A.N. Management factors of
modernization of Russian judicial powers system // Russia Juridical Journal. 2003. No. 1.
pp. 50-53.
7
Modernization of law: foreign and home experience. Coll. Scientific Articles / Ed. By
A.V. Malko, A.Yu. Salomatin. Penza, 2004; Modernization of Russian political and legal
system: past, present, future. (To the 140 th Anniversary of Juridical Reform Acts). Volgograd.
2004.
8
See, e.g.: Salomatin, A.Yu. Modernization of state and law in the USA, end of XVIII – XIX
centuries. Penza, 2003; Informational resourses of development of the Russian federation:
Legal Problems, M., 2003; Shamrayev, A.V. Legal regulation of informational technologies
(Analysis of problems and main documents) 1.0. Version. M. 2003.
6
S. Nora, A. Minc, R.E. Susskind, J. Zeleznikow. The latest problems to
have appeared in the joint of ICT and law were studied by the doctorant in
electronic law journals of Australia, Great Britain, Canada, USA in the
works of R. Berring, T.R. Bruce, B.J. Freedman, A.M. Froomkin,
M.E. Katsh, R.E. Litan, L.M. LoPucki, F.L. McNulty, P. Mell,
B. Pendleton, H.H. Perritt, D. Pinto, G.V. Puig, M.H. Redish ,
J.R. Reidenberg, A. Reilly, J.H. Reichman, A. Sykes, P.M. Schwartz,
P.F. Uhlir, W.O. Weyrauch etc.
The problem of on-line journals is that their electronic addresses may
sometimes change. Nevertheless, studying of the works in them was
necessary to make sure that the decision of problems of informational
modernization, offered by the author, is novel both in the world and Russian
science.
The Object of the Research – social relations in a cyberspace
and their legal regulation.
The Subject of the Research – problems of informational
modernization of the Russian law. The subject covers:
- formation of principles of network law theory;
- principles and methods of informational modernization of law;
- peculiarities of manifestation of categories considered in the light
of informational modernization: law, legal norms, legal relations, law
stimulus and restrictions;
- functions of network state;
- network law mechanisms and legal relations.
The Aim and Tasks of the Thesis Research . The aim of this
research is of complex theoretical-legal analysis of possibilities of
informational modernization of the Russian law and forming the principles
of network law theory. To realize the set aim it’s necessary to decide the
following tasks:
- to reveal historical prerequisitions for informational modernization
of the Russian law;
- to formulate new notions and categories of law, necessary for
informational modernization of law and formation of network law;
- to use the potential of classical and info-communicative methods of
modernization of law to reveal institutional gaps and to demonstrate
possibilities of network law in their minimization;
- to reveal with the help of comparative legal methods in foreign law
those law norms and law institutions, that could be used in the Russian law
for its modernization simultaneously with application of information means;
7
- to formulate those main directions of the Russian State legal policy,
that will provide informational modernization of law and formation of
network law;
- to define principles of network law and its structures;
- to consider in the light of informational modernization possibilities
of manifestation of the most important law categories inside network law
and to apply the new knowledge obtained for substantiation of new methods
of automatization of law-creation and law-realization;
- to reveal peculiarities of network law-realization processes;
- to define contents of the network state informational functions;
- to demonstrate on the model of informational modernization of
taxation law the application of network law theory for modernization of
other fields of law;
- to analyze perspectives of informational modernization of legal
processes and procedures;
- to study and develop mechanisms of direct and reverse connection in
the network law system, network mechanisms of defense of human rights,
preventive measures against crime and corruption.
Methodological Principles of the Research . Problems of
informational modernization of law are of interdisciplinary character and
they required usage of various ways of study for the complex analysis of the
subject of the research in its inner and outer intercommunications. Among
them of greater importance were general scientific methods: of formal logic,
dialectical, systematical, structural-functional, historical-legal, comparative-
legal, of analysis and synthesis, of induction and deduction; of abstraction
and hypothesis; of rising from abstract to concrete (and backwards);
comparison; analogy; generalization of problems of law-creator and law-
realization. Also special methods were applied: of law hermeneutics, of law
modeling, formal legal, prognostical, cybernetical.
Laws of formal logic and linguistic rules served as a basis for the
creation of new notions and their definitions. The socio-cultural approach
towards the analysis of two enormous layers of human culture – information
technologies and law was used to substantiate justifiability of the
conception of informational modernization of law, and the subjective-
creative method – for the advancement of the theoretical data to the Russian
bodies of government and management.
Normative Bases of the Research: international legal
documents, Constitution of the Russian Federation (1993), normative legal
acts of the RF, enactments of the RF Constitutional Court, the RF Supreme
Arbitrary Court, laws-in-draft and verbatim reports of parliamentary
hearings, separate legislative acts of foreign states (Spain, Italy, France,
8
Japan). Also the official sites of The President of the Russian Federation, of
the RF Government, of home and foreign ministries, courts and departments
were used.
Scientific Novelty of the Research lies in the fact that it
represents a monographic elaboration of a new for the Russian legal science
theme of informational modernization of law, in the context of which the
author has developed the theory of network law and presented the ways of
decision of a number of problems of the legal theory on its basis.
Consideration of the principle legal categories in the light of network
law theory allowed to widen their contents and reveal their potential for
transition to regulation of legal relations in the cyberspace in the real-time
regime. For the first time it was proposed to modernize law by the way of
deep integration of ICT and law to automatize law-creating and law-
realizing processes; there were shown possibilities of application of network
law theory for the development of legal science branches and law on the
whole. The scientific novelty of the research is as follows:
- main principles, methods and structure of network law have been
defined;
- a new category is introduced – meta-lex (rus. «метаправо») (from
Gr. meta + Lat. lex) which serves as a mechanism of transition to law
integrated with network computer technologies; maintains the possibility of
creation and changing of separate legal norms permanently in accordance
with necessities of operative legal management, and also allows to work in
the field of creation of new legal forms for outstripping and non-admittance
of crisis situations; offers mechanisms of automatized law-creation and law-
realization;
- there has been drawn-out the idea of a metapassport – a mechanism
of technological integration of the meta-lex with the existing legal
environment to re-organize it with the help of new methods and principles
into the valid network law a mechanism connecting every person and legal
subject with state structures for realization of direct and inverse immediate
law network communications;
- there have been considered legal regulating mechanisms that
allow: to visualize separate processes of law-realization; to evaluate quickly
their results and to correct immediately legal norms or their elements just to
avoid mistakes in real-time management; not to allow in some cases the
subject’s actions to depart from legal norms;
- there have been demonstrated ways to develop mechanism of
complex automatization of adoption and execution of separate elements of
legal norms in the spheres of operative management of economical,
financial, taxation and other processes;
9
- there has been drawn-out the idea of creation of an independent
body aimed at operative management of transient legal and economical
processes;
- the system of network law, in comparison with the system of
contemporary law, has been supplement with the following components:
legal norm in electronic form, legal subject (person, family, organization in
any forms; state and its bodies), their means of communication (computers;
programs; networks; network technologies; virtual space; network legal
mechanism and network legal relations);
- it has been proposed to optimize within network law the
correlation of continual and discrete principles by transition to discrete
principles on which computer processing, storage, transmission of
information and network functioning are based;
- there has been expressed an opinion of possibility of partial
solution of problems of presumption of law knowledge and of defending
human rights in the way of automatization of law-realizing procedures;
- it has been proposed to conduct some trials with the help of
distance network technologies, to imply digital video-recording of a trial, to
distribute judges in the network according to the principle of their
maximum geographical remoteness from the parties’ location to minimize
corruption and influence from local and regional authorities;
- to minimize corruption it’s necessary: to apply meta-lex and
metapassport; to maintain transition from cash to electronic account and
money automatic registration of transaction and calculations in the network;
to shift accents from traditional struggle to preventive measures by creating
with the means of network law physical impossibility of committing
corruptive acts, based on illegal operations with disconsolate cash money;
- there have been proposed: network distance voting at referendums
and election campaigns; partial distribution of power through the network to
the people – to realize norms of Chapter 3 of the RF Constitution, stating
that the sole source of power in Russia is its multinational population.
Main propositions drawn to defence .
1. The essence of informational modernization of the present-day
Russian law is in maximum automatization of law-creative and law-
realizing processes by the way of deep conjugation of ICT with legal
processes and procedures and simultaneous informational modernization of
economics.
2. There has been formulated the notion of network law as the law
that will coordinate social relations taking place in electronic computer
networks, or based upon usage of one or another level of virtual space, and
social relations in creation, maintenance and development of the system of
10
immediate network legal communications between citizens, state and its
structures.
3. For the informational modernization of law there have been
proposed the following methods: 1) division of normative legal acts
according to forms of their presentation into paper and electronic forms
with the gradual transition to the electronic form of a text as the main one;
2) introduction of common textual format in both forms with unification of
designation of the part of legal acts, numerization in the electronic form of
each symbol, line and paragraph of the text; 3) file introduction of a
normative legal act, its segmentation and numeration of segments in the
electronic data base; usage of hyperreferences to point out hidden
references, decipher terms, etc.; 4) location into an electronic text of a
normative legal act of all the data about its lobbyists, authors and of
belonging of parts of the text to a definite author; 5) informational expert
examination of normative legal acts, their simplification and unification of
inner presentation.
4. For the informational modernization of the law essence the
following methods have been proposed: 1) deep integration of ICT and law;
2) automatization of the analysis of legal norms and law-creation;
3) automatization of law-realization processes; 4) complex automatization
and visualization of law-creating and law-realizing processes; 5) legal
regulation in the real-time regime; 6) transition from use of paper
technologies to electronic ones in legal relations, network distance
interaction of legal subjects; 7) modeling and experimenting on the
objective reality; 8) development of judicial mechanisms, ensuring
automatization of juridical norms and procedures, that must in all possible
occasions be based not on paper, but electronical technologies and initially
oriented towards network, distant and highly automatized interaction of
legal subjects.
5. A new notion is introduced into scientific circulation – the notion
of legal management – operative network legal regulation of situations not
to be prolonged – this allows (while using ICP) to obtain quick results of
legal norms in action and to correct immediately these legal norms just to
eliminate management errors in the real-time regime. For the sake of
informational modernization of law legal policy of the Russian state must
be conducted in the following directions: 1) organization of legal regulation
of some economical process in the on-line regime and provision by means
of ICT of physical impossibility of breaking definite peremptory rules and
discretionary rules; 2) complex automatization of adoption and fulfillment
of separate elements of legal norms for operative management of
economical, financial, taxation and other processes; 3) organization of
11
interaction of lawyers and specialists in ICP together with usage of such
forms as conferences, publication of new journals and scientific almanacs,
research spheres of which will be on the joint of ICT and law.
6. It is proposed to use as intermediates in network legal relations
informational programs (i-robots), that are able to execute routine legal
procedures and processes.
7. We consider realization of legal idea of the electronic passport of
the principally new generation (author’s term – “metapassport”) necessary
to ensure: 1) creation of network legal communication of a person and state
with immediate direct and reverse legal connections; 2) operative legal
regulation in the on-line regime; 3) complete transition to electronic money.
8. It’s important to fix in the law the following requirements to the
legislator: 1) to conduct search for those separate norms and their elements
inside the law, law-creative and law-realizing processes of which are
subject to automatization; and to correct laws in this direction; 2) to ensure
while drafting law packages the creation of norms, allowing to automatize
in these laws certain correlated law-application processes.
9. Partial decision of the problem of variability of legislation is
possible in the way of division of legal norms into stable, variable and of
initial placement of them into different normative acts, so that the norms
requiring operative change do not enter the law that must be characterized
by stability. Here we offer to introduce law-creation as a structure
consisting of the following levels: long-term, middle-term, short-term
(operative) and to realize the latter to create an “independent body”,
obtaining various functions of different branches of power, the body
capable to ensure on-line interaction of legal science and management
practice so that to create separate legal norms (and their elements) quickly
and to perform through the network precise, timely or forestalling influence
upon the quickly changing reality.
10. Within the network law a number of legal categories will display
peculiar features:
– the category of law will enlighten one more facet of itself and will
widen due to the juridical construction of meta-lex, offered by the author – a
kind of bridge between ICT and law. Meta-lex serves as the main structural
element of network law and is meant for automatization of legal processes;
– the category of legal norm will display its peculiarity: 1) in the fact
that separate legal norms may be created and changed quickly, in the
electronic form, and simultaneously transferred to the terminals of subjects
of law and execute automatically so that none of subjects of law would be
able to avoid performing a number of imperative norms; 2) realization of
such-like norms won’t be of probability character and will be absolutely
12
precise and definite; 3) in the absence (as a rule) of the traditional element
of the structure of the legal norm – sanction;
– categories of law-creation and law-realization will manifest their
peculiarities in significant broadening of spheres, where automatization of
numerous legal processes and procedures will become possible;
– category of legal relations will demonstrate its features: 1) in
possibilities of realizing legal relations in some cases apart from subjects’
will, if it concerns separate imperative norms of public law; 2) in the fact
that requirements of corresponding behavior from the opposite side will be
fortified by strict ICT mechanisms; 3) in automatization of public defense
requirements.
11. Meta-lex is proposed as a most effective law-realizing intermediate
mechanism, providing new possibilities in bringing legal norms to a subject
and realizing them in a common integral act.
12. The peculiarity of manifestation of categories of legal stimuli and
restrictions in law-realization processes of network law will be of that some
law-realization processes may become less complicated, will become
subject to legal on-line management, lose their probability character and
will lead exactly to the expected legal result. There open new levels of legal
stimulation and restriction in public and private law, material and judicial
law, that allows to find practical application of new manifestations of this
category in taxation, civil, labour, family, arbitrary procedural law and
criminal law; in financial and investment spheres, and also while defending
consumers, life and health of citizens.
13. One of the functions of a network state will be in forming network
law, that must allow (at the expense of ICT): 1) growth of network legal
automized relations sphere; 2) growth and law-realizing processes that in
some cases will become semi-automatic and automatic; 3) partial delegation
of proxies of operative legal regulation from the legislative level to an
independent body with simultaneous automatization of law-creating and
law-realizing processes. One of the network state functions will also be
formation of the independent body, that will provide: operative legal
regulation of transient economical, financial, taxation, customs, migrational
and other processes; smooth and continuous correction of the state
economic course aimed at the fulfillment of tasks in Ch. 2 and Ch. 7 of the
Constitution of Russia and decision of such general strategic tasks as
management of the state economy in the conditions of various current
international and inner factors.
14. The general principles of the network law are: the principle of
addition to the current law-in-force and aiming of the network law at
diminution of sphere of sanctions-in-force that attach repressive trends to
13
law. Special principles of the network law are: automatization of creation
and realization of those legal norm elements that provide flexible operative
legal management; gradual shift of separate legal norm elements to the
network law sphere, where it will be possible to automatize regulation of
various legal relations in the cyberspace; simplifying of legal norms or their
elements that are to circulate in the computer network, which is necessary
for automatization of their analysis and application, for monosemantic
understanding and realization; unity and functional simplicity of executive
techniques of the new laws and other normative legal acts; compulsory state
registration in the network of all transactions and shifts of capitals in the on-
line regime; transition of all deals into electronic form; maintenance of
direct and inverse legal connection of legal subjects with the state or its
bodies in the on-line regime; defense of a person from legal norm violations
by means of ICT; equality of personal and state responsibility; the quantity
of automatically executed legal norms and their elements must be equal to
the number of automatically generation legal norms and their elements;
generation of some legal norm elements only in the electronic form;
maximum possible change of a man by an automation in control processes
and organization of such automatized law-realizing processes that will
exclude erratic application of some legal norms in the principle; distribution
of judges in the network on-line system of arbitration, providing maximum
distance location of a judge from parties; optimization inside network law
of correlation of the continual and the discrete by shifting to discrete
principles, as bases of informational operating in networks.
15. Meta-lex is defined as the main structural element of network law.
The structural network law elements, besides its methods and principles are
also as follows: norm of law, subject of law and means of their
communication. In a more detailed plan this triad may be presented as:
1) legal norms and their elements: in the electronic form; 2) legal subjects:
person, family, organization (in its various forms), state and its bodies;
3) network legal relations, legal network mechanism of direct and inverse
communication, cyberspace, ICT, computers, electronic systems of
automatic registration of deals and transactions, electronic archives,
networks, personal terminals of legal subjects, i-robots – special computer
programs working inside set bounds of networks. In network law legal
relations may be realized in horizontal, vertical and combined
communications, and the leading role in their realization will be played in
the virtual space by i-robots.
16. The best example to demonstrate network law theory potential is
the taxation law. Application of methods and principles of network law in it
shows the ways to use obtained results in other fields of law: it’s possible to
14
decide tasks of minimization of delinquency and crime in the spheres of
economy and finance, to minimize corruption based on usage of
unregistered cash money; to provide legal modeling and experimenting in
the sphere of economy and taxation in the real-time regime.
17. There has been substantiated the ability of smooth on-line
regulation of economics through taxes by way of creating tax – and
calculation complexes installed in individual terminals; of businessmen to
control financial flows of a managing subject and to calculate and deduct
taxes automatically. There has been proposed transition to minimum
number of types of taxation with the required quality of fax-rates within
each tax and ability to change smoothly these rates in some circulating taxes
that will allow: to get the planned budget income and if necessary to correct
smoothly this budget; to obtain an effective system of legal management at
the expense of using advantages of tax regulating functions; to achieve
predictability of tax-rate changes; to shift from taxation control to fully
automatized tax-collecting; to refrain from repressive methods and
eliminate tax responsibility of legal subjects.
18. In contemporary law there have continual and discrete bases are
revealed, and substantiated the necessity of optimization of their
interrelation by way of transition to discrete principles, upon which
principles computer processing, storage and transmission of information are
based.
19. There have been formulated proposals in partial decision of the
problem of presumption of legal knowledge in the following ways: complex
automatization of a number of law-realization procedures in the sphere of
civil and arbitrary judicial law; formation of electronic agreement on the
basis of ICT, development and legitimation by the legislator of all possible
variants of this king of agreement from which the parties will be able to
choose the appropriate one in the way of distance coordination. There has
been substantiated the notion of what types of agreement could automatized
executive and juridical procedures be applied to. Juridical arbitrary
processes on standardized agreements are proposed to be held in the
network distantly, with the digital recording of the proceedings, with
obligatory distribution of judges inside the network with their maximum
geographical remoteness from the parties’ location to minimize corruption
and local authorities’ influence.
20. Application of ICT is necessary to organize direct and inverse legal
communications between persons, deputies and the state, that will allow to
conduct on-line votes, referendums, to recall deputies and also to make
considerable distribution of power to people through the network, thus
realizing norms of Ch. 3 of the RF Constitution, stating that the unique
15
source of power in the Russian Federation is its multinational population.
To enforce the democracy principles there has been proposed
automatization of vote procedures by using ICP, personal terminals and
network votes without visiting polling centers. There has been drawn out
the system of network control of migration and automatization of their
observance of legal norms. This system is meant for the initial admittance
of committing crimes and delinquencies by migrants; for minimization of
the possibility of free moving of terrorists and dope-dealers among
migrants; to counteract legalization (laundering) of criminal incomes,
financing of terrorism, laundering of incomes from narcodealing.
21. To defend human rights in the system of the network law it is
necessary to automatize realization of those imperative norms of public law
(in financial, fiscal, customs law), inexecution of which in the present day
law system leads to the violation of norms of administrative and criminal
law. To defend human rights connected with the circulation of a man’s
personal data it is necessary to automatize law-applying processes just to
minimize the necessity of an official’s access to personal data.
22. There exist considerable perspectives for decriminalization of a
number of crimes on the basis of development of the network law principle,
requiring minimization of spheres of activity of a controller-in-person and
change of him by a controlling automaton and (or) organization of such
automatic law-realizing processes That will exclude erratic usage of the law
in principle. We have demonstrated the decisions of crime-preventing
problems in the spheres where automatic collection of taxes, payments and
customs duties and also automatic control of financial transactions are
possible. Corruption may be minimized within the network law by shifting
from the traditional “struggle” to creating physical conditions for
inadmissibility of corruption. It is possible only in those cases where
corruption is committed at the expense of illegal circulation of unregistered
cash money. The same approach is offered for automatization of preventive
measures against organized crime, narcobusiness, legalization (laundering)
of criminal incomes and other crimes based upon illegal use of unregistered
cash money.
Theoretical and practical importance of the research .
The scientific importance of the conducted research lives in setting the
problem of law modernization by informational means on the basis of
integrity of ICT and law aimed at automatization of law-creating and law-
realizing processes. Several law theory notions were developed, that allow
to define new trends in development of law theory and practice of law
modernization: there was offered the network law conception describing
methods of organization of network legal on-line communication between a
16
person and the state; there was discovered a new theoretical law sphere
nominated as “meta-lex” and aimed at regulation of processes of continuous
perfection of law and legal mechanism integrated with network
technologies by uninterrupted on-line changing of separate legal norms and
their elements to achieve maximum possible smoothness, predictability and
operative management of social processes; there was offered a juridico-
technological mechanism (metapassport) aimed at joining of such
heterogeneous fields as law and network technologies.
The obtained scientific results allow to define not only the further
ways of development of law theory in connection with the growing volume
of network legal relations and to predict development of different law
branches, but also to work out the strategy of their modernization by help of
informational means. The worked-out network law theory may be used by
jurists and economists for formation of those trends of law that will
maintain wider use of new legal theoretical constructions in the cyberspace.
A system of recommendation and proposals to law-creating and law-
employing bodies was expressed, that will allow to modernize law
proposals to law-creating and law-employing bodies was expressed, that
will allow to modernize law purposefully, originating from the strategic
understanding of the inevitable automatization of law-creating and law-
realizing processes: it’s important not to be late with inculcation of the
principally new system of legal management, capable of leading the law
from the deadlock of endless creation of new legal norms, fulfillment of
which is becoming a more and more complicated, and sometimes even
impossible task for numerous legal subjects.
Approbation and inculcation of the results of the
research.
The results of the thesis research were discussed and approved at the
sitting of the Chair of Theory and History of State and Law of FSEI HPE
“Kuban State Agrarian University”. The propositions of the thesis were
used in conducting the following courses of lectures: “Theory of Law and
State”, “History of Political and Legal Doctrines”, “Financial Law”, “Fiscal
Law”, “Labour Law” at SEI HPE “Northern Caucasus State Technical
University”, V.D. Choorsin Stavropol Institute, Pyatigorsk State Linguistics
University and a number of other higher educational institutions.
The main propositions and results of the research were expounded at
25 international, all-Russian, interregional and regional conferences, “round
tables”, seminars: at Institute of Economics and Management
interuniversity scientific and practical conference “Economical and socio-
humanitarian problems of development of Northern Caucasus region in the
new millennium” (Pyatigorsk, November 23, 2000); at Northern Caucasus
17
State Technical University 4th regional scientific and technical conference
“University Science to the Northern Caucasus Region” (Stavropol, 2000); at
Institute of Economics and Management Interregional Scientific and
Practical Conference “Personelle Policy. Problem of Rise of Quality of
Specialists’ Training” (Pyatigorsk, October 19, 2001); at the Pyatigorsk
Branch of Northern Caucasus State Technical University at the 3d
interuniversity scientific and practical conference dedicated to the 200th
anniversary of Kavkazskiye Mineralniye Vody: “Socio-economical, legal,
and spiritual problems of the region” (Pyatigorsk, May 18, 2001); at
Vologda State Technical University Conference “Managing and Calculating
Systems. New Technologies” (Vologda, 2001); at Voronezh Economy and
Law Institute at the VI International Open Science Conference “Present-
Day Problems of Informatization in Technics and Technologies”
(Voronezh, 2001); at V.D. Choorsin Stavropol Institute IX and X Scientific
and Practical Conferences (Stavropol, April 18, 2003 and April 17, 2004);
at Stavropol State University International Science Conference (Stavropol,
September 2003); at Northern Caucasus State Technical University Sixths
Scientific and Practical Regional Interuniversity Conference of NCSTU
Branch in Pyatigorsk “Socio-economical, Legal and Spiritual Problems of
Development of Kavkazskiye Mineralniye Vody Region” (Pyatigorsk, May
20, 2004); at Povolzhye Regional Law Institute Educational and
Methodological Conference “Organization of Educational Process Within
the Limits of 30-hour Working Week” (Saratov, August 31, 2004); at
Moscow State Pedagogical University International Scientific and Practical
Conference “Modern Legal Problems and Law Press” (Zelenograd,
September 24, 2004); at Saratov Branch of Institute of State and Law of
Russian Academy of Science at the scientific and methodological seminar
“Informational Means of Modernization of Russian Law” (Saratov,
September 29, 2004); at Penza State University Interregional Science
Conference “Modernization of Law: Foreign and Home Experience”
(Penza, September 30, 2004); at Bryansk State University Scientific and
Practical Conference “World Justice in the Context of Judicial Reform”
(Bryansk, October 18, 2004); at Pyatigorsk Branch of Northern Caucasus
State Technical University Sixth Scientific and Methodological Conference
“Problems of Quality of Personelle Training at Higher Educational
Institutions” (Pyatigorsk, February 24, 2005); at Taganrog state pedagogical
Institute ALL-Russian Scientific and Theoretical Conference “Theoretical
and Methodological and Doctrinal principles of Legal Policy Research”
(Taganrog, April 2005); at Institute of Management, Business and Law at
the round table “Methodology of Law Science: Positions, Problems,
Perspectives” (Rostov-on-Don, May 20, 2005); at Penza State University
18
Interregional Science Conference “State Modernization: Home and Foreign
Experience” (Penza, June 3, 2005) and at Interregional Seminar “Reforming
of Law: Foreign and Home Experience” (Penza, October 26, 2005); at Tula
State University at II and III ALL-Russian scientific and technical
conferences “Informational Systems and Models in Scientific Research,
Industry and Ecology” (Tula, November 17, 2004, November 17, 2005,); at
Stavropol State University International Internet-Conference “Socio-
economical Reality and Political Power” (Stavropol, February 20-21, 2006).
For the inculcation of the results of the research the subject - and -
activity method was used, the copies of the work were distributed among
persons concerned. Thus, for the article “Conceptions of legal development
and legal doctrine in the period of formation of the informational society”
(“«Blach Holes» in the Russian Jurisdiction”, 2003, No. 1) there came a
review from the National Center of Legislative Activities attached to
President of Byelorussia Republic, where it was stated, that the author’s
propositions may be used in defining the conception of improvement of the
legislation of Byelorussia Republic. In June 2003 the monograph
“Formation of Fiscal Doctrine in the Period of Transition to the
Informational Society” was sent about by the author to: President of RF,
Chairman of RF Government, the State Duma and the RF Council of
Federation, various ministries, departments, scientific research institutes,
university libraries, etc. – more than 230 addressees. As the result there
were obtained not only positive reviews from Ministry of Finance of RF,
Department of Fiscal Policy of Ministry of Economics and Trade of RF,
Ministry of Communication and Informatization; RF Committee in
Financial Monitoring, “Kodeks” information Co. Ltd; President of RF
Notary Chamber; Assistant – Chairman of The RF State Duma, but were
realized several author’s proposals. Thus, the doctorant had suggested:
abolition of taxation of property inherited; taxation of not sufficiently
provided strata of society (abolished in 2005); reduction of quantity of
taxation types (since January 1, 2005 reduced in the RF Fiscal Code nearly
as twice); the idea of the electronic passport under the author’s term
“metapassport” (started to realize in Russia in part in 2005).
The results of the research were used by the author while participating
in law-creating activities. As a member of the working group of the Saratov
Branch of the Institute of State and Law of the Russian Academy of Science
the author look part in the elaboration of the draft of the conception of anti-
corruption policy, examination of the conception of the draft of the Federal
law “Of normative legal acts in the Russian Federation”, on the local level
held the legal examination of drafts of normative Legal bills and acts of the
Pyatigorsk City Duma (Stavropol Region). While writing the thesis the
19
author used his personal experience as a teacher, Barrister and Arbitrary
Judge of non-commercial partnership of industrialists and undertakers
“Congress of Business Circles of Stavropol Region”.
In the theme of the research the author had published 80 science
works with the general volume of about 135 quires, among them 4
monographs: “Formation of taxation doctrine in the period of transition to
the informational society”, (10,25 quires) “Law doctrines: from Ancient
world to informational epoch”, (20 quires) “Theory of Network Law”, (27
quires) “Modernization of Russian Law” (12,5 quires) and 2 chapters in
collective monographs: “Legal Policy of Russia: problems of theory and
practice” (author of the chapter: “Informational and Legal policy of modern
Russia: problems and perspectives” – 1,5 quires), “Anticorruptional policy
of Russia: federal and regional levels” (author of the chapter “Informational
and legal means of anticorruption policy” – 1,6 quires.)
The Structure of the Work. The thesis consists of: Preface,
three Parts (combing 12 Chapters, Conclusions, the List of Sources and
Literature Used).
THE SUBJECT – MATTER OF THE WORK
In the Preface we ground the topicality of the topic, evaluate the
degree of its scientific elaboration, define the subject, theme, tasks and aims
of the research, its theoretical and methodological basis, normative base,
point out the scientific novelty, formulate the main propositions brought to
defense, the theoretical and practical significance of the research and
adduce data in approbation of the results.
PART I. THEORETICAL PROBLEMS OF
INFORMATIONAL MODERNIZATION OF LAW
In the first chapter “Preconditions for informational
modernization of law” are investigated those historic preconditions, that
have led to the understanding of the necessity of modernizing law using
ICT. We have designated a number of fundamental legal problems, in
which informational constituents are present: growing volume, complicacy,
changeability and discrepancy of legislation. The forthcoming consequences
are presented as follows: 1) ineffective regulation of social relation by
outdated and imperfect legal norms; 2) people’s ignorance of laws and
principal inability of precise execution of legal norms due to the complicacy
and changeability of legislation; 3) lack of mechanisms, providing timely
adaption of laws towards quickly changing realities of life;
4) unprotectedness of a person as a subject of informational systems from
the information and from misuse of his personal data.
20
A well-known approach that law must regulate ICT is being
reinterpreted, as it is based if only stated by informational law limits, but
theory of law allows to make a greater generalization: it is necessary to
completely rebuild the law itself to provide for the cross-development of
ICT and law. This precondition emerges from inside the law, it is grounded
by the inevitable development of legal means of communication that are of
its remote historical essence and are distinctive of it initially. That’s why,
while using ICT, it is necessary to reconstitute legal communications
between an individual and the state only on the new technological level.
Outer preconditions for the informational modernization of the law are
the well known communicative means (book-printing, electric
communication) and the new ones (mobile telephone, networks, ICT) and
also the development of network economics. All these stipulate the
necessity of development of conceptions of informational modernization of
law and network law, and so these are the main aims of the research. As the
development of ICT is considered by the state to be of great priority, an
equal priority should be given to the informational modernization of law in
the legal sphere.
In the second chapter “The essence of the informational
modernization of law” we state out the existence of developing
cyberspace, virtual ventures network economics, the appearance of the
notion of “network state” and the absence of corresponding to it network
law. That’s why the essence of the informational modernization of law must
consist of forming network law, that will regulate social relations arising in
electronic computer networks or built on the basis of use in to some or other
extend virtual space, as long as such social relations may mostly have their
own peculiarities.
The preconditions for the formation of network law may be seen in the
appearance of the Federal law “About electronic digital signature”, the
Concept of creation of the automized system “State Register of Population”,
the Conception of development of informational legislation in the Russian
Federation (prepared by Informational Law Section of the Institute of State
and Law of RAS) and other concepts and normative legal acts.
The work points out that economists and jurists often analyze one and
the same phenomena within the limits of their science, that it provides both
the receipt of definite results and loss of integral understanding; that’s why
the author suggests simultaneous conducting of informational
modernization of law and economics in their points of intersection.
We consider the correlation of legal process notions, rationalization,
modernization, optimization and with due regard define the informational
modernization of the Russian law as an evolutionary, but rather quick
21
process of transition of law into a qualitatevely new state, characterized
by deep integrity of info-communicative technologies with legal
processes by way of creation techno-juridical law-creating and law-
realizing mechanisms that automotize the creation and realization of
separate legal norms on elements of these norms.
The given process must be initiated on the basis of home and foreign
experience and break-through ideas of a creative personality, must lean
preferably upon the ethatistic model of modernization, when new ideas,
adopted on the state level in the form of a conception or a doctrine, will be
realized under the leading guidance of the state still leaving room for
initiative from “below”. Modernization should be carried out both on the
basis of traditional national and moral - and - ethnic values and reference –
points, consisting in safe-keeping and development of a person, family,
strengthening and development of the civil society aimed at further
construction of informational society, state and corresponding network law.
At the same time it is necessary to conduct informational modernization of
law taking into consideration other approaches, that will be able to build up
a solid system of modernization of law (a doctrine), though it requires
research both in economical science and in different spheres of law.
The third chapter “Methodology of research of modernization of
law” is dedicated to the study of a system of methods with the help of
which it is possible to carry out informational modernization of law. The
author uses classical methods that allow to reveal in the legal sphere from
the informational and legal positions breaks between the present–day and
the required speed of the state creation the new laws; that level of legal
knowledge that requires the state from the person, and the factual rate of
their knowledge (the problem of presumption of legal knowledge); by
accumulation in the legislation of those complications, contradictions and
by the absent of development of legal mechanisms adequate to these
problems and simplifying man’s work legal information, etc.
Application of non-classical methods allows to solve a number of
problems in theory of law. For example, the subject and activity method
understood so that a scholar must not only investigate but also reform the
reality by creation of a conception of law modernization and active
advancement of its ideas, - was worked-out in practice and brought
substantial results; methodology pluralism and socio-cultural approach,
reflecting in the synthesis of methods used to investigate such different
layers of human culture as informational technologies and law, helped to
define joint points of these spheres and to formulate a new general method-
integration of info-technologies with legal processes – aimed at partial
automatization of some legal processes.
22
It was proposed to apply in informational modernization of law
methods of two kinds – preparatory (changing legal form), and then –
essential (changing the legal constituents), so to say – informational.
In the capacity of methods changing the lagan form were defined the
following ones: distribution of normative legal acts in the form of their
presentation into paper and electronic ones with gradual transition to the
electronic ones with gradual transition to the electronic form as the main
one; introduction of the general format of a text in both forms with
unification of appellation of all parts of normative legal acts, numeration of
paragraphs must be visible for a user in both the paper and electronic
variants, and the numeration of segments must be accessible in the special
regime of surveying the electronic document, as it is necessary only for
automatization of law-creating and law-realizing processes; the method of
file presentation of a normative legal act at which to the least possible
volume of the completed notional information of a normative legal act –
segment – must correspond the file (in the electronic variant of the text)
which must have in the electronic legal data base a unique identity number
containing information about the placement of the file inside the chapter of
the law and the whole legal system, the information of the branch of law (its
number), number of the law, number of its part, chapter, article; the method
of the maximum possible utilization in all possible occasions of
hyperreferences, making connections with different normative legal acts
and inner connections in the given normative legal act; the method of
unification of outer presentation of normative acts, consisting of transition
to their publication using the common text format with per–line indication
on the margins of the ordinal number of each line of the text on the given
page, of each symbol on the line, that must be seen in the special regime of
surveying the document; indication in the electronic variant of all the
lobbyists and authors of a law or a normative legal act, its separate part or
an amendment, for the sake of which the electronic digital signature of
authors of the text fragment and the amendment should be used; the method
of automatization of analysis of legal norms and law-creating.
In the capacity of the informational methods, changing the contents of
the law were proposed the following ones: integration of ICT and law,
automatization of law-realization processes by way of combining legal
processes with network technological mechanisms of realization of separate
elements of legal norms to achieve full execution by the subjects of some
important imperative norms of public law; complex automatization and
visualization of law-creating and law-realizing processes; legal regulation in
the on-line regime; automatization of realization of judicial norms and
procedures for transition in all the possible cases from paper technologies to
23
electronic ones with installation on the network, distance and highly
possible automatized interaction of legal subjects; modeling and
experimenting on the objective reality; development of judicial law by
creating juridical and technological mechanisms maintaining automatization
of judicial actions and procedures on the ICT basis; its modernization,
oriented at network, distance and highly automatized legal relation of legal
subjects.
The fourth chapter “Perspectives of development of the legal
policy of the Russian State” we formulate the notion of the legal
management under which we understand such operative legal regulation,
that is necessary in the situations when an immediate decision is required.
This is the network legal regulation that allows to see immediately the
results of usage of legal norms, and, if necessary, to correct in the on-line
regime the legal norms for the elimination of errors in management; it must
be aimed at achieving goals fixed in Ch. 2 and Ch. 7 of the Constitution of
the Russian federation, and this orientation must be set in corresponding
legal norms and combined on the program - and - technological level with
executive mechanisms that will sometimes not only strictly settle and follow
actions of legal subjects, but also won’t admit any deviations from
normative directions.
Informational and legal policy must also be aimed at revealing such
spheres of legislation where legal management by way of network
technologies will be possible and combing them into a system; formulation
of legal principles of network aspects of law development, as today the
most significant communications are of network character; searching for
ways of integration of legal mechanisms and network technologies and their
further legal formation, that must show itself in electronic passport of new
generation (author’s term - metapassport).
The author offers the following functions to be allotted: it must
substitute the existing personal identificators; serve as a link between a
person and the state and maintain immediate direct and inverse legal
connection in the on-line regime. In the author’s understanding
metapassport is firstly a legal idea, a supporting point of the network law
that creates a principal possibility of network legal communication,
conducted at the expense of complex distance identification of all persons
twenty-four hours a day, with the aim of holding in the network on the
direct legal connection every person, and only secondly – it is a technical
means and a technical system. Metapassport may be at the same time a real
and virtual construction that is distributed in the virtual space, that is not
obligatory for a man to carry with, and consequently it may not be lost or
destroyed completely.
24
In the capacity of directions of informational and legal policy also are
offered: legal regulation of some economic processes in the on-line regime
and maintenance by help of ICP of physical impossibility of breaking
definite peremptory rules and discretionary rules by the legal subjects;
complex automatization of processes of adoption and execution of separate
elements of legal norms in the spheres of operative management of
economic, financial, fiscal and other processes; organization of interaction
of new journals, spheres of research of which are on the joint of ICT and
law; maximum utilization of i-robots as intermediates in network legal
relations that will enable to execute routine legal procedures and processes;
requirements for a legislator to conduct in the existing laws the search for
those separate norms and elements of norms of law, processes of law-
creation and (or) law-realization, that are subject to automatization, and to
correct laws in this direction; requirements for the legislator to provide in
the process of drafting out law-packages creation inside them correlated
norms, admitting automatization of separate law-applicative processes.
PART II. FORMATION OF FOUNDATIONS OF
NETWORK LAW
In the fifth chapter “Legal categories in the light of informational
modernization” the author reveals factors of informational character that
do not allow the law to develop qualitatively: the written form of legal texts,
the further process of apprehension and utilization – once again in the
written form.
The essence of the category of the legal norm in the informational and
temporal aspect may be seen in the fact that a legal norm is created in a
long-term law creating process, has the written form of fixation, is to
complicated and durable in changing (if needed), its realization is of a
probability character. Partial decision of the problems is offered to be made
by: division of two types of legal norms (stable and variable) and initial
placement of them into different normative acts so that the norms requiring
operative changes do not enter the law that should be characterized by
stability; complex automatization of law-creating and law-applying
processes to speeded legal procedures and to minimize impact on them
procedures and to minimize impact on them of destabilizing factors.
Creation of the network law theory required working out the category
of meta-lex, explaining how to regulate the quickest processes in
economical, fiscal and a number of other spheres in the real-time regime
and to deprive legal subjects of breaking separate legal norms by way of
partial automatization of some law-creating and law-realizing processes.
Meta-lex is presented also as a juridical construction, necessary as a linking
bridge between law and network technologies and it is appeals to solve the
25
problem of penetration of law into the technological sphere and of network
technologies – into the sphere of law.
Meta-lex is also considered as a possible branch of law, that is an
aggregation of legal norms that will allows to change permanently some
elements of separate legal norms. The sphere in which it is theoretically
possible is seen partially in the fiscal law, where in point 6 ch. 3 of the RF
Fiscal Code is settled, that “in forming taxes all the elements of taxation
must be defined”; they are enumerated in point 1 art. 17 of the RF Fiscal
Code: the object of taxation; the fiscal base; the taxation period; the fiscal
rate, etc. The fiscal (taxation) rate is that weakest link of the fiscal law, that
makes it inflexible and provides its permanent lagging behind the realities
of life. And, at the same time, it will be possible to change this very element
with the help of meta-lex and network technologies. The fiscal rate is that
element of a legal norm that could be amended quicker than the changes in
the economic situation will take place, and to regulate economics most
effectively in this way. The economy has market mechanisms of self-
regulation, but the aim of this research is to solve the problem of
forthcoming legal norm creation, allowing to produce an effective and
precise forestalling management impact. Meanwhile it is of probability
character, and slowly follows the event; even if the fiscal rate were
comparatively precisely calculated by the legislator, in a couple of months
the economical situation would change and the rate would remain the same.
The ideal solution of this problem must offer such a mechanism of fiscal
rate change and its transition to the subjects and automatized tax collection,
that will provide the required budget income even under the condition of its
permanent correction.
Such a mechanism has been found: meta-lex must permit that
adoption of some fiscal rates should be done quickly with the help of
computers, they must immediately come into force of law and spread about
the network to the legal subject’s terminals and the tax must be deducted
automatically at the conclusion of a deal or a transaction. Transition from
partial to general allows to formulate a new principle of network law that is
to oblige a legislator to automatize processes of law-realization of those
legal norm elements, that will be created automatically, otherwise the
quickness of their appearance will turn into inability of that quick
realization. In separate cases it is possible to predict and (or) to block by
means of automatics the legal subjects’ behavior that contradicts some legal
norms.
The essence of meta-lex ties in realization of temporary and (or) quick
(adequate to the life situation) changes of some elements of legal norms,
that in the new system of coordinates will become a positive phenomenon,
26
quickly eliminating the contradictions that will emerge in the society. This
peculiarity may be maintained only by the network law and network
technologies. The novelty of the legal constructions is in the fact that meta-
lex is necessary to regulate permanent changes of legal norm elements, and
the network law – to regulate their spreading about the network to the
subjects’ terminals – practically it will become an indivisible process.
The sphere of meta-lex regulation may be spread from the partial case
of the fiscal rate to the customs duty rates, the calculation rate of the Central
Bank; the minimum wage rate and, perhaps, other instruments of legal
regulation and also to some numerical parameters of some legal norms.
However the definition of to which numerical parameters the sphere of
meta-lex regulation may be, will require analysis in each concrete case and
such a common criterion as “numerical parameters” may be applied only as
on of entrance keys to the search of automatization spheres, but cannot be
mechanically used any where such parameters exist.
Meta-lex as a branch of law may have its object of regulation of legal
relations in: 1) search of legal norms (elements of legal norms), that may be
shifted to the sphere of automatized, semi-automatic or automatic general
and execution; 2) changing old and creating new legal norms (elements of
legal norms) with the same goals; 3) integration of legal judicial and
network mechanisms to maintain the automatization processes (taxation,
collecting of duties, etc) in the on-line regime; 5) defending human rights in
the way of network law system functioning; 6) creation of laws, maintaining
the transition to partially automatized legal procedures.
Within the limits of the network law the features of legal categories
will manifest in the following: legal categories will broaden at the expense
of meta-lex constructions; the legal norm category will demonstrate its
peculiarity in the fact that separate legal norms will be easy to create and
amend in the electronic form, in no time transmitting through the networks
to the legal subjects’ terminals and executing automatically so that none of
the legal subjects will not be able to avoid from execution of the number of
imperative norms, the realization of which will cease bearing probability
character and will become absolutely definite and precise; the distinctive
feature of legal norm categories will be in the absence (as a rule) of the
legal norm structure; categories of law-creation and law0realization will
demonstrate their features in the considerable widening of the spheres,
where automatization of many legal processes and procedures will become
possible; the category of legal relations will show up in 1) the possibility of
performing legal relations in some case beside the will of the subjects if it
concerns separate imperative norms of public law; 2) that the demand for
27
the corresponding behavior from the other party will be fortified by strict
ICT mechanisms; 3) automatization of social defense demands.
In the sixth chapter “Network law-realizing processes” we study
the methods of conjugation of ICT with law-realizing mechanisms that open
new possibilities in bringing legal norms to the subject and realizing then in
the common act.
The peculiarity of demonstration in the law-realizing process of the
category of legal stimulations and restrictions within the limits of the
network law with the use of meta-lex will conclude in the fact that some
law-realizing processes may become less complicated, will become subject
to legal management in the on-line regime, will no longer be of a
probability character and will practically securely lead to the result set by
legal norms. There open new levels of legal stimulation and restrictions in
public and private law, material and judicial law, that allows to find
practical application for the new demonstrations of these categories that are
shown in the number of branches of law: fiscal, civil, labour, family,
criminal, etc. For example, it will express itself in the possibility of
automatization of a number of network law-realizing processes: wages
payment and deduction of penalty from the employer for the delay of it;
monitoring of the business situation in the investment sphere; law-applying
processes connected with the pre-settled expenditure of the budget funds;
search of debtors, finding the property and income sources of a debtor in
concrete locality; automatization of registration of persons at the place of
dwelling with all kinds of moving about the country; registration of
business; forestalling of delinquencies of antimonopoly legislation.
In the seventh chapter “Functions of the Network state” we state
that on of the functions of the network state will be formation of network
law, aimed at operative and forestalling management of economy and
property in the interest of all people and also for realization of the idea of
“just law”. There was defined the system of measures necessary to realize
functions of the network state: 1) automatization of law-creating processes;
2) automatization of law-realizing processes; 3) automatization of law-
creation of separate legal norms (elements of norms) in strict bonds with
obligatory automatization of processes of their legal realization; 4) partial
delegation of authorities of legal regulation from the legislative level by
other bodies with the simultaneous automatization of law-creating and law-
realizing processes; 5) unity of legal processes and net-technologies in those
fields of law where it is possible to create strict law-realizing mechanisms,
not allowing any deviations of subjects’ behavior from fulfillment of those
imperative legal norms, on the basis of which the state provides security,
rights and freedoms of a person, tax collection, effective development of
28
economy; 6) decriminalization of a number of crimes by fully automatized
realization of corresponding legal norms; 7) complex use of the cybernetic
method, the method of adaptive management and the method of visualizing
of law-creating and law-applying processes for the fulfillment of legal on-
line management and legal management outstripping the events.
The function of the network state will also be formation of a special
independent body, aimed at: 1) operative legal regulation of high-speed
economical, financial, fiscal and customs, migrational and other processes;
2) smoothly and permanently conducted correction of the state economic
course aimed at solving tasks of art. 2 and art. 7 of the RF Constitution and
at solving of the complex of such general strategic tasks as state economy
management in the conditions of functioning of various international and
inner factors.
In the eighth chapter “Principles and Structure of Network Law”
the principles and structure of the network law are formulated. The basic
principles of the network law are defined as: principle of its addition of the
existing law, principle of substitution of the law by the network law in
separate spheres, principle of reduction by the network law of the sphere of
validity of criminal and administrative sanctions that attach to the law
repressive trends.
The special principles are: automatization of creation of those
elements of legal norms that will provide smoothness and flexibility of the
operative management in the financial and fiscal spheres; gradual shift of a
number of legal norm elements into the sphere of the network law;
simplifying of the law (legal mechanisms, procedures) and the outer forms
of law-realization; necessity of working out the so-called “inner non-
contradicting” legislation for the provision of automatized law-creation and
law-realization; obligatory state registration of all deals and transactions of
capital in the real-time regime; provision of direct and inverse on-line
connections of every legal subject with the state or its bodies; equality of
the number of automatically executed legal norms elements to the number
automatically generated legal norm elements; generation of some legal
norm elements only in the electronic form; maximum possible change of a
man by an automaton in control processes; distribution of judges in the
network in the system of the on-line arbitrary justice to maintain maximum
distance positioning of the judge from the parties and to minimize
corruption and influence of the local authorities; optimization in the
network law of the correlation of continual and discrete by shifting to the
bases for operations with information in the network.
Meta-lex is defined as the main structural element of the network law.
The other structural elements of the network law are: legal norm, legal
29
subject and means of their communications. The details of this triad may be
deciphered as: 1) legal norms and their elements in the electronic form;
2) legal subjects: person, family, organization (in any of its forms), state and
its bodies; 3) network legal relations, network legal mechanisms of direct
and inverse connection cyberspace, ICT, computers, electronic archives,
networks, personal terminals of legal subjects, i-robots. In the network law
legal relations may be realized with the help of horizontal, vertical and
combined communications, and the main role in their realization it the
cyberspace will be played by i-robots.
PART III. INFORMATIONAL MODERNIZATION OF
LAW AND LEGAL MECHANISMS
In the ninth chapter “Informational modernization of the fiscal
Law” the author substantiates the principle proposition of that the presence
of ICP allows to work out a new fiscal doctrine and to shift to automatized
and later to automatic calculation and deduction of taxes. The main
condition for the informational modernization of the network law:
registration inside the network of deals, transactions of capitals, real estate
object in the on-line electronic form. The network law will allow to transfer
from the rise of the fiscal control level by a human controller to automatic
calculation, deduction and transfer of taxes into the budget on the moment a
deal or a payment is made; for the sake of this we propose to create
automatic fiscal-calculation complexes, tuned at corresponding industries
and types of activities, to install them into the undertakers’ terminals during
their registration so that these complexes would adopt functions belonging
now to taxation agents, and would deduct taxes automatically, that will
allow to eliminate responsibility for committing fiscal crimes.
The system of the network law requires transition to the least possible
quantity of tax types with the necessary number of tax-rates inside every tax
and ability to change smoothly the rates in some circulated taxes to receive
the planned budget income and, if necessary, to correct smoothly the
capacity of the income; to obtain an effective system of social management
at the expense of use of advantages of the regulating function of the tax; to
achieve predictiveness of tax rate changes; to shift from the taxation control
to the fully automatized tax collection; to refrain from repressive methods
and eliminate fiscal responsibility of legal subjects.
The network law offers an instrument for modeling and experimenting
within the limits of the fiscal law upon the given reality with obtaining
quick and valid results. The method of transition from partial to general
allows to spread the ideas of the network law on to the other branches of
law (financial, customs, etc.) and this is the main aim of study of fiscal law
modernization.
30
In the tenth chapter “Informational Modernization of Legal
Processes and Procedures” it is stated, that lack of development or even
absence of legal processes and procedures and the numerical prevalence of
material norms leads to the break between legal directions and required
results. From this originates the problem of optimization of correlation of
continual and discrete in law and the problem of realization of the principle
of presumption of knowledge of law. Continuity in law is provided in part
by the principle “everything that is not banned is permitted”, that manifests
itself in the non-mandatory method of regulation. While using discretionary
rule, for example, in working out an agreement, the parties realize their
legal ability in their own way and thus may make an endless number of
variants of one and the same agreement. The endless succession may be
considered (like in mathematical sequence) as unbreakable succession –
continuity, and the computer calculation, storage and processing of
information are built on the opposite discrete principle.
At the same time practically all the theoretically possible variants of
any agreement may be worked out by combining its constituents on the
basis of the State Code of Russia. In this aspect the transition from continual
to discrete i.e. to some great but still finite number of variants is quite
possible. For this the following is proposed: the legislator must work out all
the possible variants of an agreement (a contract) of this type and to
legitimate these variants (modules) under corresponding numbers in the
data base. This will allow to shift within the network of interaction from the
continual to the discrete and at that leave in the former form the continuity
existing at present so that the parties wishing to work out their special
agreement could use present-day possibilities of the civil law in full, using
old paper technologies, or using the new ones, could make an agreement (a
contract) inside the network at distance step by step coordinating its
separate standard modules.
Transition to standardized agreements will allow to solve partially the
problems of presumption of knowledge of the law at the expense of the fact
that such agreements won’t contain notions contradicting the law or
requiring interpretation. Such a system guarantees error-free use of the law
and allows to organize distance automatized legal procedure for the
execution of which we propose: to define judges by the method of fortuitous
choice and to distribute them inside the network with their maximum
geographical remoteness from the both parties to lessen corruption and local
authorities’ influence; to transmit statements of claim and realize all the
further contacts in such cases only electronically, to fix in the network the
whole process of interaction; record the whole process of proceedings by
31
the electronic digital signature of the judge and sent this record to the court
video-archive with free access for everyone concerned.
In the eleventh chapter “Mechanisms of Inverse Connection in
Network Legal System” we study the possibility of creation of network
legal connection between a person, the state, its bodies, elected public
figures, and also the methods of adoption of legislative acts by the whole
people, and not only by its legislative body.
Polls and votes must be maintained by real legal mechanisms so that
this law would not be infringed and manipulated by anyone. Informational
modernization of law and the system of metapassports will allow to vote at
distance, to receive texts, of candidate’s programs, store them in the
memory of the terminal, and after the campaign – to require realization of
the notions of the program. Polling stations and paper technologies won’t be
of any use.
When using ICT it is important to exclude anonymous interaction of a
person with the state and its bodies, to make accessible and simple the
process of supervision of fulfillment of the pre-election programs together
with organization of recall of a deputy – by sending a message from the
voter’s PC. We propose to apply junction of ICP and law for the
considerable distribution of power through networks to the people.
Substantial decision of migration problems is possible through the use
of a metapassport, is possible through the use of a metapassport, that will
allow to conduct on-line management of migration processes, to register
automatically persons at places of dwelling, which is necessary to serve
them in their movements about the country, and in cases of violation of
terms of presence and places of dwelling – for automatic reduction of some
types of services as sanctions and direction of their location to a migration
body. This system is aimed at the initial inadmittance of committing crimes
and delinquencies by migrants, for minimization of the possibility of free
moving of terrorists, dope-dealers that finance terrorism, criminal money
laundering, etc.
In the twelfth chapter “Network mechanisms of Human Rights
Defense, Preventive Measures Against Crime and Corruption” we
analyze problems of defense of human rights, connected with functioning of
computer networks, realization of state regulation, control and supervision.
The problem of search for a compromise between public and personal
interests in such sphere as electronic intelligence, personal data based and
defense of inviolability of private life may be solved, if a significant part of
data is collected, stored and used in the automatic regime. This method does
not require that every employee of a corresponding body or an official has
permanent or unlimited access to personal data. The more we manage to
32
automatize various law-applying processes, the better will be solved the
problem of illegal use of personal data.
To defend human rights in the systems of the network law it is
necessary to automatize realization of those imperative norms of public law
(in financial, fiscal, customs law), non-realization of which in the present-
day legal system leads to breaking norms of administrative and criminal
law. The effective methods of defense of human rights in the network legal
system are as follows: maximum possible automatization of identification
procedures; automatic, semiautomatic or automatized calculation of all
financial transactions; automatized calculation and deduction of taxes and
other methods, that will make physically impossible to commit some crimes
and delinquencies. Realization of these methods requires creation of
corresponding new techno-juridical mechanisms. A number of human rights
may be maintained by “sewing” on the program level of separate legal
norms, that will be realized automatically, excluding bureaucratic tyranny.
Control over execution by the automatics of these legal norms must be
maintained both by technical services of the state, prosecution offices,
bodies of law defense, and the community that must have all the necessary
means for it.
The conception of network law offers the solution of crime-preventive
measures at the expense of automatic collection of taxes, payments and
customs duties. To the highest extent it concerns corruption, of we define it
as ability of hidden obtaining of remuneration, maintained by the main
corruptive quality of cash money – their anonymous character, and also that
there don’t exist mechanisms allowing to trace when, where from and what
for the money came.
It is proposed to solve the problems of struggle against corruption on
the crossing point of ICT and law in the process of transition from the paper
passport to the electronic one and further-on to the author’s model of
metapassport, that must have an active identificator (an analogue of
autoanswering service or the military system of identification “Friendly -
Alien”), that will send a signal or answer an inquiry of a stationary
equipment on the person’s approaching the places of habitual document
checking. So it will be possible to simplify procedures aimed at security
maintenance, approvement of a person’s access to an object, speeden
routine procedures of purchase, sale, services, payment. The most urgent
problem of defense of passengers from acts of terrorism must be solved by
way of warning based on automatic on-line identification of persons in
public places. Then the law-defending bodies will be able to clear out the
fact of absence of personal documents without the usual procedure of
persons on specially designated methods, depending on the possible rate of
33
danger of the subject, on the concrete place of location and other factors.
Automatic monitoring of physical space and cyberspace will help to prevent
general crime and terrorism, as movements of suspects could be traced,
suspicious luggage and other items – checked long before the commitment
of crime.
The system of the network law will provide solution of the following
tasks complete immigration control on the territory of the Russian
Federation; complete tax collection; diminution of the sphere of corruption
on the condition of transition to electronic money. It will also provide
appearance of effective (though indirect) methods of tracing criminal
activities in the sphere of illegal circulation of narcotics and terrorism,
financed at the expense of narcobusiness. The adoption of the idea of
automatic tax deduction on the very moment of commitment of a deal and
changing states of accounts of the parties only after the taxes are change
situation with corruption, but not at the expense of “struggle” measures, but
by way of creating conditions when a part of corruptive will become
impossible in principle.
In the Conclusion the author presents the results of the results, makes
general conclusions, sets problems that may arise if the research of the
theme and adjoining spheres is continued, indicates general approaches to
their solution.
The main tenets of the thesis are published in the following
works:
Monographs:
1. Goloskokov, L.V. Formation of taxation doctrine in the period of
transition to the informational society. Pyatigorsk, PGLU, 2003. –
10,25 quires.
2. Goloskokov, L.V. Law doctrines: from Ancient world to
informational epoch. M., World of science, 2003 – 20 quires (The
monograph has the positive review by Dr. of History, Professor of Law
V.V. Goshulyak in “Higher Educational Institution News”. Povolzhye
Region “Journal” 2004. No. 1. pp. 261-262).
3. Goloskokov, L.V. Modernization of Russian Law. M., Prospect,
2006. – 27 quires.
4. Goloskokov, L.V. Theory of Network Law. St.Pb., R. Aslanov
Publishers “Juridical Center press” 2006. – 12,5 quires.
5. Goloskokov, L.V. Informational and Legal policy of present – day
Russia: problems and perspectives // Legal Policy of Russia: problems of
theory and practice. M., Prospect, 2006. – 1,5 quires.
34
6. Goloskokov, L.V. Informational and Legal means of anticorruption
policy of Russia // Anticorruption policy of Russia: Federal and Regional
Levels. Saratov: Saratov State Law Academy. 2006. – 1,6 quires.
Articles published in leading reviewed scientific journals,
mentioned in HAC List
7. Goloskokov, L.V. Conceptions of development of Law and Law
doctrines of the state in the period of formation of the informational society
// “Black Holes” in the Russian Legislation. 2003. No. 1. pp. 411-421. –
1,62 quires.
8. Goloskokov, L.V. Formation of Law principles in the period of
transition to informational society. // “Black Holes” in the Russian
Legislation. 2003. No. 3. pp. 35-42. – 1,0 quire.
9. Goloskokov, L.V., Tolkachev, V.V. Legal mechanisms of reverse
connection “people – power” in the informational society // “Black Holes”
in the Russian Legislation. 2003. No. 3. pp. 43, 49. – 1,0 quire (author’s text
– 0,5 quire).
10. Goloskokov, L.V. Perspectives of development of Legal
regulation mechanisms in the period of transition to informational society //
“Black Holes” in the Russian Legislation. 2003. No. 4. pp. 369-379. – 1,31
quires.
11. Goloskokov, L.V. On perspectives of informational means of
modernization of Legal procedure // Lawyer – Jurist, 2004. No. 4. pp. 44-
48. – 0,6 quires.
12. Goloskokov, L.V. Formation of general Law Doctrine
components: socio-cultural approach // “Black Holes” in the Russian
Legislation. 2004. No. 1. pp. 29-37. – 1,16 quires.
13. Goloskokov, L.V. Problems of modernization of individual
elements of legal norms: theoretical and informational approach //
Philosophy of Law. 2004. No. 4. pp. 90-94. – 0,58 quires.
14. Goloskokov, L.V. Regulation of balance of personal and state
interests: informational and Legal aspects // “Black Holes” in the Russian
Legislation. 2004. No. 2. pp. 64-75. – 1,54 quires.
15. Goloskokov, L.V. Methods of modernization of present – day law
by informational means // “Black Holes” in the Russian Legislation. 2004.
No. 3. pp. 42-48. – 1,0 quire.
16. Goloskokov, L.V., Salomatin, A.Yu. Modernization of American
and Russian Law: historical experience, parallels and perspectives // “Black
Holes” in the Russian Legislation. 2004. No. 4. pp. 52-59. – 1,0 quire
(author’s text – 0,5 quire).
35
17. Goloskokov, L.V. Problems of optimization of correlation
continual and discrete in law // Saratov State Academy of Law Almanach.
2005. No. 4. pp. 273-277. – 0,47 quires.
18. Goloskokov, L.V. Problems of defence of human rights in the
process of Law modernization by informational means // “Black Holes” in
the Russian Legislation. 2005. No. 1. pp. 324-331. – 1,06 quires.
19. Goloskokov, L.V. On transition to network paradigm of Law //
State and Law. 2005. No. 10. pp. 113-120. – 0,5 quire.
20. Goloskokov, L.V. Sources and resources of informational
modernization of Law // “Black Holes” in the Russian Legislation. 2005.
No. 4. pp. 271-286. – 2,06 quires.
21. Goloskokov, L.V. On perspectives of usage of network
technologies for automatization of arbitration process // Arbitration and
Civil Process. 2006. No. 5. pp. 7-11. – 0,5 quire.
22. Goloskokov, L.V. Of perspectives of development of “network”
law in Russia // Yurisprudence. 2006. No. 3. pp. 218-229. – 1,0 quire.
23. Goloskokov, L.V. On the essence and possibilities of network law
// “Higher Educational Institution News”. Povolzhye Region “Journal”.
2006. No. 2. pp. 95-103.
24. Goloskokov, L.V. On the problem of formation of network law //
Law and Education. 2006. No. 4. – 0,62 quire.
Articles, published in the materials of international, all – Russia,
regional conferences, “round tables” and seminars
25. Goloskokov, L.V. Law technologies of the future // Collected
scientific works of interuniversity scientific – practical conference
“Economic and socio-cultural problems of development of the Northern
Caucasus region in the new millennium” November 23-26, 2000. P. 1.
Section: “Legal aspects of regional economics security” Pyatigorsk:
Institute of Economics and Management. 2000. pp. 95-106. – 0,7 quire.
26. Goloskokov, L.V. Political-law discourse in the framework of
rationality of non-classic type: socio-cultural analysis // Collected scientific
works of interuniversity scientific – practical conference “Economic and
socio-cultural problems of development of the Northern Caucasus region in
the new millennium” November 23-24, 2000. P. II. Pyatigorsk: Institute of
Economics and Management. 2000. pp. 128-144. – 1,0 quire.
27. Goloskokov, L.V. Future Law Network Technologies // Polemika.
2001. No. 8. April. Internet Journal programme RSEP/C1
http://www.irex.ru/publications/polemika/8/goloskokov.htm – 0,3 quire.
28. Goloskokov, L.V. Problems of human rights in the new model of
the state law doctrine // Spiritual – humanitarian and legal problems of
36
social development (Articles of interregional scientific-practical conference
“Personelle Policy. Problems of rise in quality of training of specialists”
October 19-20, 2000)/ P.4. Pyatigorsk IEM Publishers. pp. 78-85. – 0,5
quire.
29. Goloskokov, L.V. Particular legal methods: perspectives of
application in the informational society // Political, legal, social and
economical problems of the present – day Russian society. Materials of the
IX scientific-practical conference. April 18, 2003. Stavropol, V.D. Choorsin
Stavropol Institute Publ., V. 1. pp. 115-120. – 0,48 quire.
30. Goloskokov, L.V. Usage of Legal instruments in the migration
policy of the informational society // Problems of migration and experience
in its regulation in the polyethnic Caucasian Region: Theses of International
Science Conference. Stavropol: SSU Publ., 2003. pp. 74-80. – 0,4 quire.
31. Goloskokov, L.V. The model of the present-day law as an
informational system // Informational systems and models in scientific
research, industry and ecology: II All-Russian scientific-technical
conference / Edited by V.M. Panarin. Tula: TulSU Publ., 2004. pp. 51-56. –
0,36 quire.
32. Goloskokov, L.V. Network aspects of law development //
Political, legal, social and economical problems of the present-day Russian
society. Materials of the IX scientific-practical conference. April 19, 2003.
Stavropol, V.D. Choorsin Stavropol Institute Publ., V. 1. P. 2. pp. 58-63. –
0,48 quire.
33. Goloskokov, L.V. Informational means of modernization of the
Russian Law (Report at scientific-methodological seminar) // Legal policy
and legal life. 2005. No. 1. pp. 195-199. – 0,3 quire.
34. Goloskokov, L.V. Usage of foreign experience in modernization
of judicial power in Russia by informational means // State modernization:
foreign and home experience: Collected scientific articles. Penza:
informational publishing center PSU. 2005. pp. 86-92. – 0,38 quire.
35. Goloskokov, L.V. Legal policy of present-day Russia in the period
of transition to the informational society // Legal Policy. Col. theses of all-
Russian scientific-technical conference. P.1. “Theoretical, methodological
and doctrinal principles of research of Legal policy” / Edited by:
P.P. Baranov, A.V. Malko. Rostov-on-Don. – Taganrog: Taganrog State
Pedagogical Institute Publ., 2005. pp. 39-41. – 0,15 quire.
36. Goloskokov, L.V. On methods of network law formation //
Reforming of Law: foreign and Russian experience: materials of the “round
table” in theoretical aspects of modernization of Law and comparative
jurisprudence.
37
37. Goloskokov, L.V. On perspectives of modeling and experimenting
in Law systems // Informational systems and models in scientific research,
industry and ecology: III All- Russian scientific-technical conference /
Edited by V.M. Panarin. Tula: TulSU Publ., 2006. pp. 26-31. – 0,35 quire.
38. Goloskokov, L.V. Informational problems of Law modernization:
Russian and foreign experience // Law modernization: foreign and home
experience: Collected scientific articles. Materials of interregional science
conference / Edited by A.V. Malko, A.Yu. Salomatin. Penza: Info-
publishing center of PSU, 2004. pp. 115-121. – 0,49 quire.
39. Goloskokov, L.V. On Law modernization in the conditions of
transition to the informational society // International Internet-Conference
“Socio-economical reality a political power”, February 20-21, 2006.
Stavropol State University (http://conf.stavsu.ru/conf.asp?Report Id=397). –
2,1 quires.
Other articles and publications
40. Goloskokov, L.V. Future law network technologies // Computerra.
2001. No. 3. pp. 46-47. – 0,3 quire.
41. Goloskokov, L.V. Methods of search for universal components of
the legal doctrine of a present-day state // Topical problems of socio-
humanitarial knowledge. Coll. Scientific works of Chair of Philosophy
MPSU. Ed. X P. II. M.: Prometeus, 2001. pp. 66-75. – 0,8 quire.
42. Goloskokov, L.V. Aims of introduction of meta-lex and essence
of network management // Topical problems of socio-humanitarian
knowledge. Coll. Scientific works of the Chair Ed. X P. III. M.: Prometeus,
2002. pp. 87-93. – 0,59 quire.
43. Goloskokov, L.V. Legal and technical aspects of functioning of
meta-lex // Topical problems of socio-humanitarian knowledge. Coll.
Scientific works of Chair of Philosophy MPSU. Ed. X P. II. M.: Prometeus,
2001. pp. 80-86. – 0,68 quire.
44. Goloskokov, L.V. Principles of realization of meta-lex network
technologies // Topical problems of socio-humanitarian knowledge. Coll.
Scientific works of Chair of Philosophy MPSU. Ed. X P. III. M.:
Prometeus, 2002. pp. 87-93. – 0,59 quire.
45. Goloskokov, L.V. Network technologies of meta-lex: new
mechanisms of interaction of citizen and state // Topical problems of socio-
humanitarian knowledge. Coll. Scientific works of the Chair Ed. X P. III.
M.: Prometeus, 2002. pp. 93-100. – 0,6 quire.
46. Goloskokov, L.V. Meta-lex network technologies: problems of
practical transition to the new Legal system // Topical problems of socio-
38
humanitarian knowledge. Coll. Scientific works of the Chair Ed. X P. III.
M.: Prometeus, 2002. pp. 100-107. – 0,59 quire.
47. Goloskokov, L.V. Notary and arbitration: perspectives of legal
regulation at transition to the informational society // Topical problems of
socio-humanitarian knowledge. Coll. Scientific works of the Chair Ed. X P.
IV. M.: Prometeus, 2002. pp. 105-116. – 1,02 quires.
48. Goloskokov, L.V. Development of hermeneutic methods in Law
science at transition to the informational society // Topical problems of
socio-humanitarian knowledge. Coll. Scientific works of the Chair Ed. X P.
IV. M.: Prometeus, 2002. pp. 116-127. – 1,06 quires.
49. Goloskokovof, L.V. Maintenance of justice principles in the
informational society // Scientific Bulletin 2/13/2002 of Academy of
Information Technologies in Education, Science and Culture Study,
Pyatigorsk; “Graffiti;” Printed Salon, 2002. pp. 72-79. – 0,42 quires.
50. Goloskokov, L.V. Financial problems of contemporaneity and
new legal technologies of their solution // Coll. scientific works.
“Economics” Series, Northern Caucasus State Technological University,
Stavropol, 2002. 180 p. (http://www.ncstu.ru/content/–docs/pdf/_trudi/
_econom/7/40/.pdf) – 0,5 quire.
51. Goloskokov, L.V. Perspectives of arbitration legal procedure
development at transition to the informational society // Interuniv. coll. of
scientific works. RF Ministry of Communications. Rostov State University
of Communications, Minvody Branch. “Humanities. Eighth Edition.
Mineralniye Vody: SUE “Kavkazskaya Zdravnitsa” Publishing, 2003. pp.
149-157. – 0,56 quire.
52. Goloskokov, L.V. Taxation Law in the conditions of transition to
the informational society // Scietific Bulletin 2/17/2003 of Academy of
Information Technologies in Education, Science and Culture Study,
Pyatigorsk; “Graffiti;” Printed Salon, 2003. pp. 76-83. – 0,4 quire.
53. Goloskokov, L.V. Legal aspects and perspectives of electronic
vote in the informational society // Scientific Bulletin 2/17/2003 of
Academy of Information Technologies in Education, Science and Culture
Study, Pyatigorsk; “Graffiti;” Printed Salon, 2003. pp. 83-91. – 0,4 quire.
54. Goloskokov, L.V. Law principles in the informational society //
Scientific Bulletin 3/18/2003 of Academy of Information Technologies in
Education, Science and Culture Study, Pyatigorsk; “Graffiti;” Printed Salon,
2003. pp. 40-47. – 0,4 quire.
55. Goloskokov, L.V. Informational and legal aspects of regulation of
balance of personal and state interests // Scientific bulletin 1/20/2004 of
Academy of Information Technologies in Education, Science and Culture
Study, Pyatigorsk; “Spetspechat;” Publishers, 2004. pp. 77-99. – 1,0 quire.
39
56. Goloskokov, L.V. Construction of Informational Society:
theoretical and legal aspects of search of main components of legal doctrine
// Southern Russia Region: History and contemporaneity. Interuniversity
Coll. of Science Works. RF Ministry of Communications. Rostov State
University of Communications. Krasnodar Branch. Krasnodar. FSUE
“Kavkazskaya Zdravnitsa” Publishing, 2004. pp. 113-120. – 0,52 quire.
57. Goloskokov, L.V. Informational and legal aspects of migration
policy conduction // Scientific Bulletin 2/21/2004 of Academy of
Information Technologies in Education, Science and Culture Study,
Pyatigorsk: “Spetspechat” Publishers, 2004. pp. 24-33. – 0,52 quire
58. Goloskokov, L.V. Role of Law Modernization Informational
Means in deciding problems of discrete – continual ratio in Law // Actual
Problems of Law. 2004. No. 2, pp. 57-61. – 0,58 quires.
59. Goloskokov, L.V. Dialectics of stability and urgency in law:
Looking for a new paradigm // Northern Caucasus on the crossroads of
civilizations and epochs. RF Ministry of Communications. Rostov State
University of Communications, Minvody Branch. “Humanities. Eleventh
Edition. Mineralniye Vody: SUE “Kavkazskaya Zdravnitsa” Publishing,
2004. pp. 143-150. – 0,55 quire.
60. Goloskokov, L.V. Formation of elements of the legal doctrine of
the informational state // “Black Holes” in the Russian Legislation. 2004.
No. 3 (on CD-ROM, ISSN 0236-4964) – 14,24 quires.
61. Goloskokov, L.V. Formation of the network paradigm of Law //
Philosophical and Legal Conception: Almanach. 6Ed., Saratov-St Pb:
Nauchnaya Kniga, 2003, pp. 132-145. – 0,87 quire.
62. Goloskokov, L.V. Informational and Legal policy and
modernization of Russian Law // Legal Policy: from conception to reality /
Ed. by N.I. Matuzov and A.V. Malko: M., Yurist, 2004. pp. 145-151. – 0,43
quire.
63. Goloskokov, L.V. Informational and legal aspects of regulation of
balance of personal and state interests // Scientific Works of Russian State
Trade–Economical University. Pyatigorsk Branch. Ed. 1. P. 1. Socio-
cultural researches. Pyatigorsk. 2004. pp. 150-157. – 0,51 quire.
64. Goloskokov, L.V. Informational aspects of modernization of the
Russian Law (Report at scientific-methodological seminar) // Scientific
Bulletin 4/23/2004 of Academy of Information Technologies in Education,
Science and Culture Study, Pyatigorsk: “Spetspechat” Publishers, 2004. pp.
64-71, – 0,4 quire.
65. Goloskokov, L.V. Role of informational means of Law
modernization in the decision of the problem of presumption of knowledge
of law // New Legal Consumption, 2004. No. 2. pp. 24-27. – 0,59 quire.
40
66. Goloskokov, L.V. Juridical doctrine as a basis of legal policy //
Legal policy and legal life. 2004. No. 4. pp. 6-12. – 0,55 quire.
67. Goloskokov, L.V. Modernization of the present-day Russian Law:
Setting Tasks // Bulletin of V.N. Tatistchev Volzhsky University.
“Jurisprudence” Series. 46 Edition. Tolyatti, TVU, 2004. pp. 3-13. – 0,6
quire.
68. Goloskokov, L.V. Role of informational means in modernization
of regional legislation // New Legal Conception. 2005. No. 1. pp. 25-28. –
0,54 quire.
69. Goloskokov, L.V. Problems in formation of a new general Law
doctrine: socio-cultural approach // Scientific Works of Russian State
Trade–Economical University. Pyatigorsk Branch. Ed. 1. P. 1. Socio-
cultural researches. Pyatigorsk 2004. pp. 134-149. – 1,0 quire.
70. Goloskokov, L.V. Network aspects of Law modernization (to the
problem of effective state management of economy and property) // Socio-
economical reality and political power. Coll. articles. 1 st Ed., M.-
Stavropol, “Vek knigi 3” Publishers, 2005. pp. 85-97. – 2,35 quires.
71. Goloskokov, L.V. Problems of modernization of the Russian Law
by informational means: setting of tasks // Works of Law Department of
Northern Caucasus Technical University: Coll. of Scientific Works. Ed. 8.
Stavropol, NCSTU, 2005. pp. 12-19. – 0,5 quire.
72. Goloskokov, L.V. Informational and Legal means of
anticorruption policy // Topical problems of socio-humanitarian knowledge.
Coll. of Scientific Works. Issue XIV. M.: “Vek knigi 3” Publishers, 2005.
pp. 43-48. – 1,0 quire.
73. Goloskokov, L.V. To the question of modernizing of the Law
Informational Model // Topical problems of Law and politics:
interuniversity coll. of scientific articles. Issue 8. Penza: Information
publishing center PSU, 2005. pp. 119-127. – 0,52 quire.
74. Goloskokov, L.V. Perspectives of use of information means in the
way of modernization of regional legislation // Northern Caucasus at the
crossroads of civilizations and epochs. Interuniversity coll. of scientific
works. Issue 15. Rostov State University of Communications. Minvody
Branch. Mineralniye Vody: “Kavkazskaya Zdravnitsa” Publishers, 2005.
pp. 125-131, – 0,45 quire.
75. Goloskokov, L.V. Modernization of Russia Law: Network aspects
// Scientific Works of Russian State Trade and Economics University.
Pyatigorsk Branch. Topical problems of humanitarian knowledge. St.Pb.
“Info-da”, 2006. pp. 5-11. – 0,5 quire.
41
76. Goloskokov, L.V. Continual and discrete in Law: from higher
theory of scientific categories to practice of network business and
jurisdiction // Business in Law. 2006. No. 1-2. pp. 109-116. – 1,0 quire.
77. Goloskokov, L.V. Methodology of Law modernization:
theoretical-informational approach // Methodology of Law Science:
positions, problems, perspectives. Issue 1. Coll. / Edited by
M.N. Marchenko. M.: “Jurist” Publishing Group, 2006. pp. 69-87. – 1,0
quire.
78. Goloskokov, L.V. General approach to the problem of network
law formation // New Legal approach. 2006. No. 2. pp. 5-11. – 1,0 quire.
79. Goloskokov, L.V. To the question of elements and structure of
network law // Law and state: theory and practice. 2006. No. 3. pp. 123-133.
– 1,0 quire.
80. Goloskokov, L.V. Network economics and network law: problems
of interaction // Law and state: theory and practice. 2006. No. 5. pp. 139-
145. – 0,61 quire.