The use of state information systems as forms (sources) of law: prospects and problems

Abstract

The article examines the role of state information systems as a regulator of public relations. The author proceeds from the premise that the rules and requirements laid down in the algorithms of such systems, under certain circumstances, have all the signs of a legal norm and actually act in their capacity, and the state information systems themselves de facto become a source of law. Using the method of analysis, the author highlights the existing problems associated with the use of state information systems in such a role: the uncertainty of legal consequences, the heterogeneity of law enforcement practice, the conflict of legality and legitimacy. The principal solution to these problems, according to the author’s conclusion, is the recognition of state and municipal information systems as a form (source) of law de jure, their integration into the legal system and the extension of the principles and stages of the lawmaking process to their creation.

References

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