E-Government: Legal Aspects
Abstract
In the prefatory article, the author analyzes the general legal aspects of e-government. As a complex phenomenon, e-government has to be studied on the basis of multi-disciplinary approach including technical, sociological and legal. It is such approach that allows to reveal its essence. However, each multi-disciplinary approach has to be specifically developed. As regards the legal approach, it will be shaped by the changing social relationships brought about by IT technologies. The legal analysis amounts, in its turn, to the formal logical, historical and comparative legal methods. The formal logical method allows to analyze the law which supports the development of e-government. The historical method is focused at the evolution of law in the digital age. The comparative method is especially important as it allows to demonstrate the general and particular trends whereby e-government is anchored in the legislation of countries with different legal and political traditions. The paper demonstrates how e-government has absorbed the traditions of the past development when the state took a constitutional, legal and social shape. In the new context, modern legal principles — in particular, those of digital equality and technological neutrality — are sought. Their development follows a complex path, from straightforward assertion to criticism and negation, and takes a remarkably short period of time, sometimes not more than two or three decades. The Editor’s note contains a summary of the documents produced by the XI International Conference “Law in the Digital Age” held with information support of the journal. The Conference featured a panel “E-Government: Legal Models in Russia and India”. This issue of the journal deals with governance problems in the digital age (L.К. Tereschenko “State Regulation and Deregulation: A Case of the Communication Industry”; N.А. Danilov “The Transformation of E-Government and E-Governance in the Digital Economic Context in Russia and Elsewhere”, D.А. Shevelko “Digitization in Russia: A Search for Legal Model”, А.S. Lolaeva “E-Democracy: A Constitutional Dimension”) and with legal aspects of platform development (N.A. Afifi, Reeta Sony A.L. “The Emergence of Online Delivery Platforms as Capital, Culture and Code: The Changing Paradigm”).
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