CRIMINAL LAW RISKS OF DIGITAL TECHNOLOGIES DEVELOPMENT: PROBLEM STATEMENT AND RESEARCH PLAN

Abstract

The rapid development of scientific and technological progress contributed to the formation of a legal vacuum, the reason for which is the formation of a new paradigm of digital society, which does not fully fit into the existing legal system. A flexible model of criminal law regulation of human interaction with the components of the digital space the current system of criminal policy, consisting in the adoption of point laws on certain issues - is unlikely to create. It is necessary to form a new conceptual and complex scientifically grounded approach of criminal-legal regulation of digital society, created on the basis of the principles of interdisciplinarity, which may require the reform and revision of some conceptual foundations of criminal law. The article substantiates the need for scientific research to develop a model of transformation of criminal law, created taking into account the criminal law risks of modern digital technologies. On the basis of an interdisciplinary approach, the research team will study the experience of the use of modern digital technologies, then on the basis of the developed algorithm for identifying criminal risks, will assess the risk factors that arise in the application of each digital technology in various spheres of society, then a description of the identified risks, taking into account the current criminal law, and if it is found that the level of repression applied to the subjects using digital technology is too large - a new flexible model of criminal law regulation will be proposed, as well as a mechanism to minimize this criminal law risk.