THE IMPACT OF THE CHALLENGES OF THE MODERN ERA ON THE LEGAL REGULATION OF SOCIAL RELATIONS

Authors

  • О.М. Вінник

DOI:

https://doi.org/10.33216/2218-5461-2021-41-1-166-177

Abstract

The article is devoted to the problems of legal regulation of public relations, including the econom-ic sphere, which are affected by new threats to public welfare (in particular, the coronavirus pandemic, the risks of digitalization, global warming, etc.).
The state of legal regulation of these relations is analyzed. Related issues are identified, including increasing the number of abuses of digitalization opportunities (and, consequently, violations of the rights and legitimate interests of participants in digi-tal relations), ignoring the public interest (to ensure a healthy and safe environment for members of socie-ty in a coronary viral pandemic). , high probability of natural and man-made disasters, environmental pollution), increasing stratification of society into rich and poor (including in the perspective of digital opportunities), which alone or in combination pose a significant threat to public welfare ..
These problems are caused by a number of factors, some of which are natural (natural disas-ters), some - related to the industrial-innovative path of human development, which has a negative impact on the environment and / or poses risks (environmen-tal pollution, man-made disasters, risks of digitaliza-tion and of some innovations), others - due to the human factor (priority of private interests over public ones, ignoring socially responsible behavior), insuf-ficient effectiveness of public policy, including legal, and of its implementation. All this indicates the com-plexity of the problems and the need for their com-prehensive solution with the participation of a num-ber of sciences (natural, social, legal), taking a set of measures, including legal, to improve the legal regu-lation of these relations by consolidating a number of new rights and responsibilities ( digital in particu-lar), of prohibition to abuse not only rights but also opportunities, emphasizing the role of legal policy of the state to establish rules aimed at preventing new threats, reducing their negative consequences, stimu-lating critical activities in such conditions and of socially responsible behavior of citizens and other participants of public relations.
Key words: threats to public welfare; threats of a natural nature; threats related to human activi-ties; risks of digitalization; abuse of rights and op-portunities; balance of rights and responsibilities; economic and legal policy; improving legal regula-tion.

Author Biography

О.М. Вінник

Доктор юридичних наук, професор, член-кореспондент НАПрН України, головний науковий співробітник відділу міжнародного приватного права та порівняльно-го правознавства НДІ приватного права і підпри-ємництва ім. акад. Ф.Г. Бурчака НАПрН України

Published

06.04.2021

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