| Article title | THE ESSENCE OF IT-LAW: SEARCHING FOR THE PARADIGM |
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| Authors |
Evgen Kharitonov, Olena Kharitonova
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 1 / 2018 |
| Pages | 18 - 29 |
| Annotation | The rapid development of information technologies accentuates the need for regulation of the ensuing relations. Such regulation is possible through the technologies proper or by legal regulation means. If the latter way is selected, the relevance of study of the “IT-law” category comes to the forefront. The purpose of this article is to present own vision of the optimal methodological basis for the search and justification of the “IT-law” paradigm. The article demonstrates the inconsistency of attempts to qualify comprehensive legal regulation of relations within the framework of information society as a set of rules – a new branch of law, since in terms of normativist understanding of law, there are no such branches of law as IT-law, Internet-law and information law, etc. Instead, it is proposed to consider IT-law as a concept – a set of ideas, notions, knowledge, and associations ensuing from legal regulation of social relations related to the creation and use of information technologies. Therefore, the optimal methodological basis for defining the essence of IT-law would be to view it as a concept with a certain “normative content”. Such an approach allows avoiding the assessment of IT-law as a system of legal provisions which constitute a branch of law and relevant legal institutions etc. In this context it seems reasonable to understand the concept of “IT-law” in a wide, narrow and special sense with the appropriate structuring. |
| Keywords | IT-law; IT-relations; concept; normativist understanding of law; branch of law; branch of legislation |
| References |
Authored books
2. Bajtin M, Sushhnost’ Prava (sovremennoe normativnoe pravoponimanie na grani dvuh vekov) [The Essence of Law (Modern Understanding of Regulatory Law on the Verge of Two Centuries)] (2-e izd, OOO ID “Pravo i gosudarstvo” 2005) (in Russian).
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| Electronic version | Download |