Law and Order: Values and Principles Amidst the Global Challenges of Our Time

Key conclusions

Digitalization changes life 

“We are gradually entering life in the digital space. The government cannot avoid this challenge. It responds with such projects as ‘Government as a Platform’. The government becomes more client-oriented and creates digital platforms with a citizen as a customer. Therefore, the government adopts the service model, which means providing more services and making it more comfortable. At the same time, it gets more and more data. <…> Digitalization is one of the challenges that affects all spheres and all countries. <…> When saying these words out loud, people do not really understand what they mean. However, technology has a huge impact. Today, we cannot imagine our life without certain actions… while ignoring legal consequences. For the majority of people, the digital space is still a toy or a game – something that distracts from mundane things,” Elena Avakyan, Vice President, The Russian Federal Bar Association.

New laws and digital rights keep up with the times 

“Our challenge is not just digitalization. Our challenge is the digital transformation of public activity and economic life, which leads to a change in business processes and professions, including the profession of a lawyer. Law is changing under the pressure of digital transformation. Though it is still unnoticed. <…> We are saying that the existing legislation is not enough. We can regulate any new phenomena of the digital economy through civil rights institutes. However, it is not true anymore. We see more and more laws in the Russian legislation, as well as digital rights and digital financial assets. The mining bill is already in the works, etc. <…> The law is changing. <…> We start thinking about this challenge in terms of law administration among other things,” Elena Avakyan, Vice President, The Russian Federal Bar Association.

The new environment makes law administration and digitalization of civic institutions important 

“The first civic institution going through a global digital transformation is the Bar of the Russian Federation. It is at the primary digitalization stage. Many ask why we need it. Why are we trying to automate something within the world’s most liberal profession? We are doing it because the work in the digital space starts with you living in this space naturally. You start feeling the digital space and interacting with it,” Elena Avakyan, Vice President, The Russian Federal Bar Association.

PROBLEMS

Insufficient legislation for digitalization 

“As of today, we basically do not have legislation that would regulate digitalization. We have not addressed the main issue here – we have no understanding of what a person’s digital profile on the web is. <…> We do not know who owns personal data and who should be the principal owner of personal data,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

“The basic question is to find balance between personal freedom manifested in personal data and the sphere that can be alienated form a person for commercial or public purposes. It is indeed a difficult task. <…> It means that a person should be able to manage their personal data and understand how and where it is done,” Alexey Guznov, Secretary of State – Deputy Chairman, The Central Bank of the Russian Federation (Bank of Russia).

Russia has not identified who owns personal data 

“There is a model that provides for corporations owning all personal data. <…> We can decide that all personal data belong to persons. This is what we are leaning towards. We did not make a principal decision that it would be the right thing to do today, but it is a continental tradition of sorts. <…> There is the Chinese model, where the government owns it all. <…> That is not our case. We do not have a legal or a political solution. <…> I have not heard any meaningful suggestions from the civil society either,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

IT-related crime rate has grown along with higher rate of digitalization 

“As of today, cybercrime is gaining 30–40% a year, while real crime is going down. Nowadays, lawyers capable of helping their clients in the virtual space are becoming more sought after. However, the number of lawyers that would be fit for the challenge is not growing fast enough unfortunately,” Elena Avakyan, Vice President, The Russian Federal Bar Association.

“Despite the digital rights, major human rights violations happen still happen… A quarter of crime in our country is related to digitalization and human rights violation through the use of IT technologies,” Yury Melnikov, Commissioner for Human Rights in the Primorsky Territory.

SOLUTIONS

The rule of law and a solid economy are the cornerstones of a state 

“We do emphasize the importance of the rule of law in our country. Of course, the agelong wisdom of the Chinese people helps us in that. <…> The Belt and Road Initiative that was proposed nine years ago was welcomed by all countries along this route. This is a great example of cooperation. <…> Recently, China has been taking part in shaping precise economic and trade rules. Our Government proposed establishing an international commercial court that could be an alternative procedure for dispute settlement. <…> We must support the international trade regime to overcome all the obstacles on our way, including in the digital economy, which is important for all countries without exception,” Zhang Mingzi, Vice-President, Chinese Law Society.

Domestic human rights advocacy can replace international legal mechanisms 

“We can still look for support in international, global common issues… But our only point of support is our own cultural, legal, religious and historical tradition. <…> Remaining a part of the global payment system – not the dollar-based one, but a totally new one – is important for us as an element of Russia’s involvement in the global economy,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

“Under current destruction of mechanisms that protect international legal rights and liberties, human rights advocacy, institutes and structures come into the foreground. <…> Basically, Russians can go to the Constitutional Court instead of the ECHR. <…> Human rights advocacy can be done through improving domestic norms,” Yury Melnikov, Commissioner for Human Rights in the Primorsky Territory.

Human rights must be ensured under digitalization 

“Digitalization of civic society institutes is a normal and natural response to this challenge. However, digital is not everything. It should not be followed by losing touch with reality. When done right, digitalization is progress and never degradation. <…> Digital transformation will make the law change. But I do hope that our collective intelligence – including the legal one – will prevent human rights from turning into machine rights,” Elena Avakyan, Vice President, The Russian Federal Bar Association.

For more information, visit the Roscongress Foundation’s Information and Analytical System roscongress.org.

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