To the question of the application of some auxiliary methodological approaches to legal research (on the example of digital law)

Author(s):  O.L. Soldatkina, candidate of Sciences, Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences; Saratov State Law Academy, Saratov, Russia,

Issue:  Volume 44, № 3

Rubric:  Actual Problems of Legal Regulation

Annotation:  The main purpose of this article is to assess the possibility of applying in the legal field of certain research methods characteristic of natural scientific disciplines, as well as analyzing the results of their application. As a legal object of research, the problems associated with the formation of digital law were chosen, since the program “Digital Economy of the Russian Federation”, among other things, which launched research into the problems of digital law transformation, brings chaos into these surveys. The author of the article comes to the conclusion that some of the methods (system analysis, informational approach) are quite applicable (as ancillary) and give interesting results. In particular, it is possible to use system analysis to form a hierarchy of goals for any social processes, allocate resources, and to evaluate the effectiveness of the tools used or planned to achieve the goal. For example, the article builds a “tree” of goals for the digital segment of the legal policy (in the field of digitization of the judicial system). The possibilities of using the information approach are illustrated by the successfully carried out drafting of the definition of the notion “legal policy in the field of digitalization of law”.

Keywords:  digital law, digitalization of the court, legal policy, system analysis, information approach.

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