Volume 12 - Issue 70

/ October 2023

125

http:// www.amazoniainvestiga.info ISSN 2322- 6307

DOI: https://doi.org/10.34069/AI/2023.70.10.11

How to Cite:

Manko, D., Zghama, A., Atamanova, N., Arabadzhy, A., & Ustinov, D. (2023). Legal regulation of the digital environment:

digitization of the state-legal and law enforcement sphere. Amazonia Investiga, 12(70), 125-133.

https://doi.org/10.34069/AI/2023.70.10.11

Legal regulation of the digital environment: digitization of the

state-legal and law enforcement sphere

Правове регулювання цифрового середовища: діджиталізація державно-правової та

правоохоронної сфери

Received: September 3, 2023 Accepted: October 25, 2023

Written by:

Denys Manko1

https://orcid.org/0000-0002-7677-397X

Antonina Zghama2

https://orcid.org/0000-0002-3904-7477

Natalia Atamanova3

https://orcid.org/0000-0003-4940-5810

Natalia Arabadzhy4

https://orcid.org/0000-0002-7635-1259

Dmytro Ustinov5

https://orcid.org/0009-0004-3751-4977

Abstract

The rapid development of society and the impact of

information technology have significantly changed

the legal field and contributed to the creation of a

legal framework for the digital environment.

Successful development of digital relations in

Ukraine requires effective legislative regulation.

The favorable appearance of this process is

determined by effective strategic planning, active

participation of the government and an appropriate

legal framework. From this point of view, it is

considered important to consider issues of legal

regulation of the digital environment in the context

of the activities of state and law enforcement

agencies. The purpose of the work is to research the

regulatory and legal provision of the digital

environment with an emphasis on the regulation of

digitalization of state legal and law enforcement

activities. Research methodology includes such

methods as: historical, systematization, analysis

and synthesis, structural-functional and

comparative analysis. The result of the scientific

analysis of scientific research and regulatory and

legal regulation of the relevant relations was the

Анотація

Стрімкий розвиток суспільства та вплив

інформаційних технологій суттєво змінили

правове поле та сприяли створенню правової бази

для цифрового середовища. Успішний розвиток

цифрових відносин в Україні потребує

ефективного законодавчого регулювання.

Сприятливість цього процесу визначається

ефективним стратегічним плануванням,

активною участю уряду та відповідним правовим

полем. З цієї точки зору вбачається важливим

розгляд питань правового регулювання

цифрового середовища в контексті діяльності

державних та правоохоронних органів. Мета

роботи – дослідження нормативно-правового

забезпечення цифрового середовища з акцентом

на регулювання цифровізації державно-правової

та правоохоронної діяльності. Методологія

дослідження включає такі методи як: історичний,

систематизації, аналізу та синтезу, структурно-

функціональний та порівняльний аналіз.

Результатом наукового аналізу наукових

досліджень та нормативно-правового

регулювання відповідних відносин стало

Doctor of Legal Sciences, Associate Professor, Head of the Department of State and Legal Disciplines of the International

Humanities University Ukraine.

Ph. D., Associate Professor of the Department of State Law Disciplines, International Humanitarian University, Ukraine.

Ph. D., Associate Professor of the International Law and Comparative Law Department, International Humanitarian University,

Ukraine.

Master of Legal Studies (M.L.S.). International Humanitarian University. Odesa. Ukraine.

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study of the legal plane of digital transformations in

Ukraine. Internal legislative norms were studied,

relevant laws aimed at digitization were analyzed,

their purpose was determined; the existing

legislative basis for building a digital society and

economy in Ukraine is highlighted. The analysis of

strategic documents on digitalization in the spheres

of public administration and law enforcement was

carried out. The internal concepts of the

development of e-government have been studied.

The experience of foreign countries in the

regulation of the digital environment and electronic

management was studied, progressive means of

regulation of the studied issues abroad were

determined.

Keywords: digitalization, digital environment, law

enforcement activity, legal system, legal regulation.

дослідження правової площини цифрових

трансформацій в Україні. Вивчено внутрішні

законодавчі норми, проаналізовано відповідні

закони, спрямовані на цифровізацію, визначено їх

призначення; висвітлено існуючу законодавчу

базу для побудови цифрового суспільства та

економіки в Україні. Проведено аналіз

стратегічних документів з цифровізації у сферах

державного управління та правоохоронних

органів. Досліджено внутрішні концепції

розвитку електронного урядування. Вивчено

досвід зарубіжних країн з регулювання

цифрового середовища та електронного

управління, визначено прогресивні засоби

регулювання досліджуваних питань за кордоном.

Ключові слова: цифровізація, цифрове

середовище, правоохоронна діяльність, правова

система, правове регулювання.

Introduction

Changes in legislative regulation arose as a result

of the formation of digital reality, which

determines the direction of the development of

society and affects the mechanisms of legal

regulation. Due to the fact that life in modern

society is becoming more and more dynamic,

technologies are developing. The impact of

globalization and digitalization leads to the

transformation of the paradigm of thinking, the

improvement of civil society institutions,

authorities and structures, as well as the legal

system. Therefore, the digital space requires the

creation of a model of legal regulation that

corresponds to technological reality. Thus the

objective of the study is to analyze the legal

regulation of the digital environment in the

context of the digitalization of the state-legal and

police sphere, in order to identify the challenges

and opportunities posed by this transformation.

Contemporary legal frameworks mirror the

evolving dynamics of current social interactions.

Simultaneously, the global community is

reassessing its role in safeguarding the interests

and intentions of involved parties within the

digital landscape. Digitalization has raised new

challenges for legal regulation, such as privacy

protection, security and network neutrality. The

states came to the conclusion that at the current

level of development of human civilization,

when resolving any legal disputes, the interests

of the parties to the dispute, as well as any other

natural and legal persons, states and the

international community in particular, should be

taken into account.

In this context, the tasks of the research are:

1. To find out problematic issues of legislative

consolidation of provisions on electronic

government.

2. Compare international experience regarding

the legal regulation of digitalization of the

law enforcement sphere and the state-legal

sphere.

3. To analyze the legal regulation of the digital

environment in the context of digitization of

the state-legal and law enforcement sphere.

Achieving these goals can be ensured only with

the active role of the state. At the same time, the

modern state must realize that social relations in

the digital dimension have already reached a state

that is quite comparable to social relations

formed in the offline environment.

Accordingly, the arrangement of the elements of

the digital environment and the harmonious

combination of these elements among

themselves should become an important goal of

the functioning of state institutions at the local

level, as well as interstate institutions - at the

international level.

Theoretical Framework or Literature Review

Atamanova and Smirnov (2022) focused their

research on the digitization of the state and legal

domains. They concluded that in Ukraine, the

digitization of the state-legal sphere aims to

enable citizens to access all government services

online through their smartphones. The objective

of digitization is to transform government

services, reduce reliance on paper, and

streamline access to services for simplicity. The

authors highlight that digitization is viewed as a

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holistic approach to combating corruption,

expediting service delivery to citizens, and

enhancing societal participation in shaping

public policy through various e-democracy tools.

The issue of legal support for the digital economy

and e-business are researched by Vinnyk (2018).

The author examined the interaction between the

information society and the digital economy,

considering them as integral components in

relation to civil society institutions, the system of

the digital economy, including its subject-object

composition, regulatory and legal support, the

legal position of electronic business and the

digitalization of its corporate form, foreign

experience legal regulation of digital economy

relations.

A profound research of legislation in different

countries and international legislation on the

whole regarding the regulation of relations in the

digital space was carried out by Dovgan and

Mikhailina (2020). Their findings indicate that

for the well-rounded progress of information

rights within society, it is insufficient merely to

recognize the right to access the Internet; it is

crucial to regulate the relationships that emerge

in the digital space. This involves primarily

defining the legal status of participants, such as

providers and users. Additionally, an

examination of cyber security measures in

leading foreign nations revealed the necessity for

Ukraine to enhance the effectiveness of its law

enforcement agencies.

The experience of foreign countries regarding the

legal regulation of the development of the digital

economy was studied by Kostyuchenko (2021).

The article emphasizes on a common feature of

the legal regulation of the development of the

digital economy in some leading countries of the

world, including Australia, Great Britain, China,

the USA, France, and Japan. It is about strategic

planning in the field of digitalization, the main

part of which is a detailed strategy for the

digitalization of the economy and all other

spheres of social life. The basis of strategic

planning in the field of digitalization is the

understanding of the need for clear regulation of

the principles of activity of all organizations

participating in economic circulation, in

particular, state institutions and commercial legal

entities. General rules and principles of using the

latest technologies, primarily those that use

artificial intelligence technology, electronic

commerce are also taken into account, the legal

status of electronic contracts are also taken into

account. Significant attention in the legislation of

these states is also paid to ensuring cyber security

and data protection.

Current trends in the development of legal

regulation of the digital economy are considered

in the work of Levytska (2019). Thus, it is stated

that in the world states at the current stage of

socio-economic transformation of society, the

environment imposes its features on the

institutional structure of society, on the model of

legislative regulation of the digital economy and

causes the need for the formation of

fundamentally new concepts and approaches. In

particular, the considered foreign experience of

legal regulation in the field of digital legal

relations will be useful for application at the

national level of legal regulation in the digital

field.

Manko (2020) considered the issue of

technological algorithms and electronic

documents. The author concluded that

technological algorithms in law represent the

digitization processes within the legal sphere of

the contemporary state. While numerous issues

remain unresolved, the overall trajectory of

development merits endorsement and further

comprehensive theoretical investigation.

The development of e-governance in Ukraine is

studied by Mokhova (2021). Among other

things, the author investigated the peculiarities of

the formation of various approaches to e-

government in the leading countries of the world.

The main goal of the study was to find out the

optimal model of e-government for Ukraine, so

conceptual provisions regarding the formation of

the e-governance development mechanism in the

conditions of digital transformations of Ukraine

on the way to European integration have been

determined.

Pyshchulina (2020) analyzed the current stage of

global economic and social development, which

is characterized by the significant impact of

digitalization. In addition, the paper analyzes the

potential risks and threats of digitalization in

Ukraine and the world.

Pavlenko (2021) tried in his work to understand

the impact of the digitization process on law as

such. The work shows that along with the

advantages of digital technologies, in particular

artificial intelligence, new types of ethical

problems and issues of justice are raised. The

necessity of defining approaches to solving new

tasks of legal science and improving the legal

framework for the protection of the digital rights

of citizens is substantiated.

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Svitlak (2020) paid significant attention to the

problems of regulating civil relations in the

digital space. Frolova (2020) drew attention to

the peculiarities of the state policy of stimulating

the processes of digital transformation of small

and medium-sized enterprises in Ukraine.

Some issues of the development of the legal

system in the digital era were investigated by

Telychko and Rekun (2022). According to the

authors, the digitalization of legal reality

contributes to the formation of new civilizational

phenomena and processes, and the emergence of

a new legal understanding, worldview, and legal

culture. It was also noted that the process of

rulemaking and law enforcement should become

digital. At the same time, attention was drawn to

the fact that the necessary technologies for this

already exist, but it is necessary to ensure their

correct application during the formation of

digital regulation processes.

Methodology

The methodological basis of the research is

general scientific and special methods of learning

state legal and law enforcement activities and

mechanisms of legal regulation of the digital

environment.

With the help of the historical method, it became

possible to analyze the main stages of the

formation of the electronic government system in

Ukraine and abroad. By its legal nature, the

historical method focuses on the origin and

evolution of the subject of research and is

indicated in a chronology of times and stages.

This method makes it possible to investigate the

emergence, formation, and development of

processes and events in chronological order in

order to identify internal and external

connections, regularities, and contradictions.

Therefore, in historical retrospect, the use of this

method is important for clarifying the regulatory

and legal regulation of the digital environment.

The study employed a systematic approach to

examine the foreign practices of implementing

state mechanisms for advancing e-government

and digitization within the public sector. It aimed

to identify the distinctive features of regulatory

and legal support for e-government in Ukraine.

The methodology involved selecting the most

overarching features and characteristics, as well

as formulating concepts, laws, and key ideas

related to the subject under investigation. Due to

the systematic approach, the basis of the

regulation of the state mechanism regarding the

information support of electronic government

based on the implementation of digital

technologies was also formed.

The application of methods of analysis and

synthesis was carried out when determining the

features of the conceptual foundations of

electronic governance, researching scientific

approaches to the definition of the concept of

"digital environment", "electronic governance",

key achievements and problems of the

implementation of digital capabilities of Ukraine,

determining, as well as analyzing directions for

improving the mechanisms of electronic

governance. In general, the method of analysis is

a method of research, which consists of the

imaginary dismemberment of the whole

phenomenon into constituent parts - simpler

ones, the selection of individual aspects,

properties, and connections. Synthesis is a

method of research, that consists of the

imaginary connection of separate sides,

properties, connections of a complex

phenomenon, and the understanding of the whole

in its unity. Therefore, without applying the

described methods, it is impossible to obtain

objective research results.

The structural-functional method was applied to

analyze the institutional framework for electronic

governance in Ukraine, define the state

mechanisms for the digital infrastructure of the

country, and establish the strategic objectives for

ensuring cybersecurity in Ukraine. In its essence,

a structural-functional method is an approach to

the description and explanation of systems,

which examines their elements and dependencies

between them within the framework of a single

whole; individual social phenomena perform a

certain function in maintaining and changing the

social system. Each element of this structure

performs certain functions that satisfy the needs

of the system. The activity of system elements is

programmed by the general structural

organization, the positions they occupy, and the

roles they perform. The structural-functional

method is one of the most important forms of

application of this method in the study of

management phenomena and processes because

it consists of dividing a complex object into its

constituent parts, studying the connections

between them, and determining the specific

functions (roles) inherent in them, directed to

meet the relevant needs of the personnel

management system, taking into account the

integrity of the latter and its interaction with the

external environment.

Using the method of comparative analysis, an

analysis of e-governance in Ukraine was carried

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out, digitalization and its regulation at the

regional and international levels were assessed,

and the issue of electronic readiness of state

administration bodies was clarified.

Data Sources:

Historical Method:

1) Historical documents related to the

formation of electronic government systems

in Ukraine and abroad.

2) Legal texts and regulations chronologically

documenting the evolution of electronic

government.

3) Historical records and reports detailing the

emergence, formation, and development of

electronic government processes and events.

4) Regulatory and legal documents

pertaining to the digital environment and its

historical regulation.

Systematic Approach:

1) Foreign practices and case studies related to

the implementation of state mechanisms for

e-government.

2) Laws, regulations, and key concepts

governing e-government in different

countries.

3) Reports and studies on the regulatory and

legal aspects of e-government in Ukraine.

4) Comprehensive analysis of overarching

features and characteristics in foreign and

domestic contexts.

Analysis and Synthesis Methods:

1) Scientific literature on conceptual

foundations of electronic governance.

2) Research papers defining the "digital

environment" and "electronic governance."

3) ey achievements and problems related to the

implementation of digital capabilities in

Ukraine.

4) Directions for improving electronic

governance mechanisms from academic and

practical perspectives.

Structural-Functional Method:

1) Institutional documents outlining the

framework for electronic governance in

Ukraine.

2) Descriptions and explanations of the

elements constituting the electronic

governance system.

3) Data on state mechanisms for the digital

infrastructure of Ukraine.

4) Reports and strategies related to the strategic

objectives for ensuring cybersecurity in

Ukraine.

Comparative Analysis Method:

1) Comparative studies on e-governance in

Ukraine and other countries.

2) International and regional regulations and

practices in digitalization and its regulation.

3) Assessments of electronic readiness of state

administration bodies in Ukraine and

globally.

4) Reports and analyses focusing on the

regional and international levels of

digitalization in the public sector.

The research focused primarily on Ukraine and

its results may not be generalizable to other

countries of the world.

Results and Discussion

In the contemporary landscape of social

development, the dynamics of interactions

between individuals and the state are evolving.

There is a growing emphasis on the digitization

of both state-legal and law enforcement

activities, reflecting the changing nature of

administrative processes.

In recent years, legislative adjustments have been

made to regulate the digital environment. Issues

related to electronic trust services, electronic

identification, public electronic registers, and the

overall development of digital infrastructure in

Ukraine have been addressed and regulated.

Let's consider the legal regulation of the digital

environment in more detail (Table 1).

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Table 1.

Regulatory and legal regulation of the digital environment in Ukraine.

Legislative act

Key provisions

The State Regional Development

Strategy for2021-2027 (Resolution

695, 2020)

Provides one of its priorities the improvement of quality and

ensure accessibility for the population services provided by

state authorities and local self-government bodies, regardless

of place of residence, in particular on the basis of

digitalization.

Strategy for implementation of

digital development, digital

transformations, and digitalization of

the state finance management system

for the period until 2025 (Order

1467, 2021)

The task of the strategy is to create a cloud infrastructure of

the state finance management system, which contains the

computing power of the operating data centers of the Ministry

of Finance, the Treasury, the State Tax Service, the State

Customs Service, the State Audit Service, the State Financial

Monitoring (only in the part of processing information that

does not have an access restriction), the National Center for

reservation of state information resources.

The concept of the development of

electronic democracy (Order 797,

2017)

The purpose of the concept is the formation of political,

organizational, technological, and ideological conditions for

the development of electronic democracy in Ukraine. The

main directions are regulatory and legal support for the

development of electronic democracy; resource support for

the implementation and use of electronic democracy tools by

subjects of power; increasing the readiness of state authorities

and local self-government bodies to use the possibilities of e-

democracy tools.-emocracy; ensuring the availability of ed

The concept of the development of

the system of electronic services in

Ukraine (Decree 918, 2016)

This concept is aimed at forming a quality system of

electronic services in Ukraine. The concept touches upon

several directions, including streamlining administrative

service procedures, identifying and planning the stages of

electronic services system development, creating a unified

information and telecommunications infrastructure to

facilitate electronic service delivery, and enhancing the

readiness of individuals and legal entities to utilize electronic

services.

Concept of the development of

artificial intelligence in Ukraine

r, 2020)-(Order 1556

As a result of the adoption of the concept, the purpose is to

determine the priority directions and main tasks of the

development of artificial intelligence technologies for the

satisfaction of rights and legitimate interests of individuals

and legal entities, building a competitive national economy,

improving the public administration system.

The concept of the development of e-

government in Ukraine (Order 649,

2017)

The goal is to determine the directions, mechanisms, and

deadlines for the formation of an effective system of e-

government in Ukraine to meet the interests and needs of

individuals and legal entities, improving the state

administration system, increasing competitiveness and

stimulating the socio-economic development of the country.

Its aim is updating of government services with the help of

information and communication technologies; modernization

of state administration with the help of information and

communication technologies; managing the development of

electronic government.

The concept of the development of

digital competencies (Decree 167-r,

2021)

The goal is to determine the priority directions and main tasks

for the development of digital skills and digital competencies,

to increase the level of digital literacy of the population, in

particular, of able-bodied people, senior citizens, low-income

families, persons with disabilities, other vulnerable population

groups, in the conditions of the development of the digital

economy and digital society.

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Some issues of the activities of units

on issues of digital development,

digital transformations, and

digitalization of central and local

executive bodies and deputy heads of

central executive bodies, regional,

Kyiv and Sevastopol city state

administrations on issues of digital

development, digital transformations

and digitalization (Resolution 194,

2020)

Provides for the mandatory introduction in ministries, in other

central bodies of the executive power, the position of the head

of the deputy head of the relevant body for issues of digital

development, digital transformations, and digitalization.

Action Plan for the Implementation

of the Concept for the Development

of Artificial Intelligence in Ukraine

r, 2021)-2024 (Decree 438–for 2021

Among the main tasks of the Concept: introduction of legal

regulation on issues of state policy formation in the field of

artificial intelligence; conducting information campaigns

aimed at popularizing the basics of artificial intelligence in

secondary education institutions; ensuring scientific

cooperation with international research centers; holding

conferences and seminars on the introduction and use of

artificial intelligence technologies; the introduction of

artificial intelligence technologies into the national cyber

security system for the analysis and classification of threats

and the selection of a strategy for their containment and

prevention of their occurrence; development of a system of

indicators for assessing the state of information security using

artificial intelligence technologies; ensuring the use of AI

technologies in defense systems, health care, and justice, as

well as for analyzing the effectiveness of the public

administration system.

State Administration Reform

Strategy of Ukraine for 2022-2025

(Decree 831, 2021)

Is aimed to build a capable service and digital state in

Ukraine, which ensures the protection of citizens' interests

based on European standards and experience. The expected

results of the public administration reform until 2025 are:

ensuring the provision of high-quality services and the

formation of a convenient administrative procedure for

citizens and businesses; formation of a system of professional

and politically neutral public service, focused on protecting

the interests of citizens; development of effective and

accountable state institutions to citizens, which form state

policy and successfully implement it for the sustainable

development of the state.

Based on the results of the analysis of the

mentioned documents, the investigation revealed

a lack of emphasis on the digitization of public

administration and law enforcement activities.

So, as can be seen from the above analysis,

digital transformations in society are related to

strategic planning, which becomes especially

relevant during the development and

implementation of the state policy of

modernization of the sphere of public

administration and law enforcement activities.

The issue of digitization of the processes of

activities of public authorities and certain aspects

of the formation of digital competencies of public

servants were reflected in domestic development

strategies.

The digitalization reform of Ukraine is currently

one of the most visible reforms in the country.

Thus, the digitalization of the state-legal sphere

in Ukraine involves, first of all, the

modernization of the state administration of

Ukraine. However, it is necessary: to develop the

architecture of the ministries' functions; data

collection; applications, technologies;

information security architecture; and general

business processes. In general, the goal of

reforming state structures is to save time, reduce

costs for providing services, increase

transparency, and improve the quality of services

provided to citizens and businesses.

Regarding the stage of the digitalization process,

which the Ukrainian state-legal sphere is

currently undergoing, all reforms were

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accelerated and carried out with a view to online

access due to strong corruption and bureaucratic

schemes. So, if in European countries, for

example, digitization of services is carried out for

the convenience of access by citizens, then in our

country, the government plans to overcome

corruption schemes that may arise when

communicating live and receiving services by

citizens in person.

Conclusions

1) Ukraine has established suitable legislative

frameworks to foster a digital society,

support law enforcement activities, and

develop a digital economy. Nonetheless, the

ongoing relevance of Ukraine's integration

into the global digital space necessitates

effective regulatory management of these

processes. The primary objective is to align

domestic legislation with the legal norms of

the European Union in the realm of digital

relations.

2) The digitization of the state-legal and law

enforcement sectors entails enhancing

professional and specialized digital skills,

refining e-democracy tools, and elevating

the quality of state electronic services.

3) The state plays an extremely important role

in stimulating the processes of digital

transformation of state bodies and society in

general. Today, Ukraine is only at the

beginning of a complex path of digital

reconstruction of society and digitization of

state legal and law enforcement activities.

The success of achieving these goals

requires the state to take important steps to

form a modern regulatory and legal basis for

digitization, to develop and fully implement

strategies and programs for the digital

transformation of public administration,

taking into account the best global

experience in the development of the digital

economy, to develop roadmaps for digital

transformation as a business in general.

Summing up, it can be concluded that the goal

and task of the research have been fully achieved.

Regarding further scientific research, we

consider developing the problematic issues of

legal regulation of the digital environment in

Ukraine and the ways to solve them.

Bibliographic references

Atamanova, N.V., & Smirnov, M.D. (2022).

Digitization of the state and legal sphere in

Ukraine. Actual problems of domestic

jurisprudence, 1, 3-8. Retrieved from

http://apnl.dnu.in.ua/1_2022/1.pdf

Decree 167-r. The concept of the development of

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