LEGAL REGULATION OF DIGITALIZATION RELATIONS: PLACE AND ROLE IN THE LEGAL SYSTEM AND THE SYSTEM OF ECONOMIC LAW OF UKRAINE

Abstract

The article is devoted to the problems of legal support for digitalization as such and the peculiarities of using digital technologies in the economic sphere. Analyzing the current legislation of Ukraine, theoretical works of Ukrainian and foreign researchers, foreign experience in regulating relations between digitalization (the EU and the United Kingdom), the author reveals those aspects of using digital technologies that should be taken into account by the legislator in the process of Legal Regulation (the presence of not only indisputable advantages, but also significant risks). Digitalization has dramatically affected public relations, adding Not only positive aspects (wide opportunities for the development of relevant spheres and the functioning of society in the context of modern threats to public well-being, including the coronavirus pandemic and Russian aggression against Ukraine), but also introducing additional risks associated with the abuse of digital capabilities. Accordingly, digitalization requires adequate legal support with the definition of both the general principles of this complex process in its consequences( positive and risky) with the use of the potential of the Constitution of Ukraine (and, accordingly, with the need to include in it provisions on the role of the Ukrainian state, which should ensure the social direction of digitalization, and its citizens, with the granting of their digital rights and digital obligations) and other legislative acts, among which the main place should belong to the digital code of Ukraine (with the definition of the basic principles of digital-zation, inherent in all spheres of public life). The specifics of digitalization in certain areas of social life should be reflected in the relevant codes/laws. Thus, it is advisable to fix the main provisions on the digitalization of economic relations in the economic code of Ukraine, and the thorough regulation of complex relations should be ensured by special laws (regarding the subjects of digital business, property basis/digital resources, competition in digital markets, etc.), adopted in accordance with the Constitution, digital code and civil code of Ukraine).

Key words: digitalization; advantages and risks of digitalization; social direction of digital technologies; system of legislation on digitalization; digital economy.