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НОРМАТИВНО-ПРАВОВОЙ БАЗА ПО ВОПРОСАМ РЕГУЛИРОВАНИЯ ЦИФРОВОЙ
ЭКОНОМИКИ
Гулямов Саид Саидахрорович
Доктор юридических наук, профессор Ташкентского юридического университета. 100001, Узбекистан, Проспект Каримова 63
REGULATORY LEGAL FRAMEWORK FOR THE REGULATION OF THE DIGITAL ECONOMY
Gulyamov Said Saidakhrorovich
Doctor of Law, Professor of the Tashkent Law University. 100001, Uzbekistan, Karimov Avenue 63
Аннотация
В настоящее время какой-либо документ международно-правового характера, унифицировано закрепляющий основные положения, фиксирующие достигнутый уровень цифровизации общества отсутствует. В статье рассматриваются вопросы нормативно-правовой база по вопросам регулирования цифровой экономики.
Abstract
Currently, there is no document of an international legal nature that unified the main provisions that fix the achieved level of digitalization of society. The article discusses the issues of the regulatory framework on the regulation of the digital economy.
Ключевые слова: международно-правовое регулирование, ISO, гражданское право, нормативная база, цифровизация, отраслевое законодательство.
Key words: international legal regulation, ISO, civil law, regulatory framework, digitalization, industry legislation.
Digitalization is a global trend; therefore its implementation is one of the key directions of our country's policy. Changing the regulatory framework for regulating the digital economy is difficult without researching new phenomena introduced by the era of digitalization. Although a number of documents have been adopted that contributes to the formation of the foundations of international legal regulation in a digital society. One of these documents is the Okinawa Charter for the Global Information Society of July 22, 2000 year, adopted by representatives of the eight leading world powers and proclaiming the need to create a regulatory framework that facilitates cooperation to optimize global networks and reduce the digital divide. Another document is the UN General Assembly Resolution of December 18, 2013 year No. 68/167 "The right to privacy in the digital age."
Mention may also be made of international standards, in particular the technical standards of the International Organization for Standardization (ISO). For example, in the field of regulation of robotics, there are: ISO 13482:2014 standard on robots - personal assistants; ISO/TS 15066:2016, which establishes safety requirements for robots and the working environment; ISO/TR 20218-1:2018 standard containing guidance on safety measures in the design
and integration of industrial robots, etc. In 2016 year, the EU adopted the General Regulation on data protection effective May 25, 2018 year. This document unified the protection of personal data (including personal employee data). In the same 2016 year, the European Parliament discussed the reports "Industry 4.0" and "Industry 4.0. In the same year, the document "Digitalization for Productivity and Growth" was prepared by the Industry, Research and Energy Committee of the European Parliament.
At the same time, the Legal Affairs Committee of the European Parliament instructed the Citizens Rights and Constitutional Affairs Department to conduct a study on European civil law in robotics and the final report was presented on the parliamentary website, after which a comprehensive document was developed on the basic regulation of robotics.
The legal status of participants in digital ecosystems is determined by two components:
- Firstly, their role in those legal relations that are "transferred" to the digital space (for example, the seller and buyer of a thing in an online store, a customer and a service provider, an author of a literary work and a consumer of digital content, a taxpayer and a tax authority, an operator of personal data and the subject of personal data, etc.); the legal status of participants in
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the digital economy is governed by classical industry legislation (civil code, tax legislation, customs code, banking legislation, education legislation, etc.), in connection with which additional or amended rights and obligations of participants in the digital economy within the framework of legal relations should be regulated precisely by industry legislation.
- Secondly, their role in legal relations, in the digital space itself (for example, the operator of telematic communication services and the subscriber, the provider of trusted services and the customer of the corresponding services, the hosting provider and the user of hosting services, etc.).
The legal status of the subjects of the digital economy is regulated by acts that can be conditionally called special, regulating the infrastructure of the digital economy, regulating the infrastructure of the digital economy, which directly include the legislation on communications, on the regulation of information circulation and the protection of personal data, and other information of limited access.
It is in these laws that the rights and obligations of participants in those legal relationships that exist exclusively in the digital space, as well as the general rights and obligations of all participants in the digital space, related to the circulation of information and the use of digital communication channels, should be regulated.
In foreign countries, she is actively involved in the process of normative regulation of legal relations in the field of the digital economy. legal regulation of the creation and functioning of a digital ecosystem should be based on an integrated approach to digital legal relations as to a socio-technical system, when new technologies are no longer considered only from the point of view of electronic computers and software provision, but will be a complex phenomenon, a certain ecosystem, which includes subjects, objects and connections between them. The implementation of these tasks is possible only with the involvement in the process of normative regulation of these legal relations on scientific concepts and theoretical understanding of problems in this area. The main obstacle to the development of the digital economy is the lack of an appropriate regulatory framework for the regulation of IT technologies.
The primary tasks of legal transformation are:
- creation of a legal basis for the collection, storage and processing of information, its protection from third-party encroachments, respecting the interests of participants in relationships in the digital economy;
- implementation of the results of intellectual developments; improving antitrust laws and innovation practices;
- adaptation of the mechanism of legal protection of consumer interests in accordance with the new business conditions; formation of an updated system for collecting and processing statistical information;
- formation of infrastructure for the intensive development of the digital component in the economy. The process of legal optimization affects not only the economic aspect of the relationship, but also the civil law system. The improvement of civil legislation
should be accompanied by the consolidation of a separate status for electronic transactions.
It is necessary to indicate the ways of identifying the subjects of legal relations: biometric signature; mobile electronic signature; identity confirmation by phone number; identification by e-mail address. To implement transactions in a digital format, it is necessary to separate the concepts of digital offer and digital acceptance, expand the list of civil law objects by including the terms "information" and "digital financial assets" in them.
The advantages of the digital economy in comparison with the traditional one are: an electronic document flow is being introduced, which speeds up all interaction processes; work is transferred to remote mode, which saves time for all participants in transactions; simplified financial transactions due to the electronic payment system; the role of electronic money is growing; the market becomes more receptive and flexible, it is easier for new sellers to enter the target segment of buyers, it is easier for consumers to search for suppliers of the desired product; the cost of production is reduced and productivity is increased; automation of most of the processes leads to a decrease in the opportunities for the emergence of corruption schemes, operations are performed faster and better. The most global direction of government policy on digitalization is regulation. The need to implement this aspect is due to the importance of legal registration of electronic transactions arising in the process of interaction between market participants. Optimization in this area is possible through the adoption of laws regulating the use of bitcoins on the territory of Russia, their exchange.
The prospects for the use of this type of digital currency are unclear; legislators can form a legal framework for crypto currencies by building a permissive scheme for their circulation on the market or a prohibitive mechanism. China took the last option.
The Bank of Russia has a choice - to prohibit operations with bitcoins or to act as a developer of the national crypto currency system and become its regulator.
At the initial stage of legal regulation of the digitalization process, an analysis and assessment of the current legislative norms is carried out for their relevance to the regulatory models used. When choosing a methodology for legal regulation of the digital economy, developed countries prefer not to create a single comprehensive regulatory legal document, but to amend existing laws. This approach is typical for Great Britain and France.
The growth of cryptocurrencies - a new means of payment of the XXI century, which has a number of significant differences from other types of electronic money. Many of us have heard such terms as blockchain, cryptocurrencies, bitcoins, tokens more than once in recent years. The rapid development of digital technologies in recent years has not gone unnoticed in any civilized country in the world.
However, in each of them, cryptocurrencies were perceived differently, someone treated them with apprehension and distrust, while others, on the
contrary, perceived them as a new, extremely promising tool for economic development. Cryptocurrency is a digital currency protected by cryptographic technologies. These monetary units have no physical analogue; they exist only in virtual space. If the money we are used to is issued by a certain issuer, then the cryptocurrency appears without the participation of any central authority. New crypto-signs arise by generating new codes using computer technology. Cryptocurrency is not concentrated in a single repository, it is distributed among the wallets of its owners. The exchange rate depends on the demand for it.
Список литературы
1. The Digital Economy / The Competition Committee of Directorate for Financial and Enterprise Affairs of OECD. 2012. - 195 p.
2. Finck M. Digital Regulation: Designing a Supranational Legal Framework for the Platform Economy. // LSE Law, Society and Economy Working Papers. 2017. 1529 p.
3. Богданова, И. Ф. Интернет вещей в научных исследованиях. Социология науки и технологий. -2017. Том 1. - С. 85-95.
4. Цифровая экономика - различные пути к эффективному применению технологий (BIM, PLM, CAD, IOT, Smart City, BIG DATA и другие). / А. П. Добрынин. // International Journal of Open Information Technologies.- 2016. - Т. 4.- № 1.- С. 411.
5. Negroponte N. Being. Digital.NY: Knopf, 1995. - 256 p.
References
1.The Digital Economy. / The Competition Committee of Directorate for Financial and Enterprise Affairs of OECD. 2012 . - 195 p.
2.Finck M. Digital Regulation: Designing a Supranational Legal Framework for the Platform Economy. // LSE Law, Society and Economy Working Papers. 2017. 1529 p.
3. Bogdanova, I. F. Internet of things in scientific research. Sociology of Science and Technology. - 2017. Volume 1. - P. 85-95.
4. Digital Economy - Various Ways to Effective Application of Technologies (BIM, PLM, CAD, IOT, Smart City, BIG DATA and others). / AP Dobrynin. // International Journal of Open Information Technologies. - 2016. - T. 4.- No. 1.- P. 4-11.
5. Negroponte, N. Being Digital. NY: Knopf, 1995. - 256 p.
NEW POSSIBILITIES OF INTERNET OF THINGS
Gulamov Saidakhror Saidakhmedovich
academician, doctor of economic sciences, professor, head of the department of the research institute for statistical research and retraining of personnel of the State Committee on Statistics of the Republic of Uzbekistan, Tashkent
Shermukhamedov Abbas Tairovich
doctor of physical and mathematical sciences, professor of Tashkent branch of Russian economic university
after G.V. Plekhanov, Tashkent
Abstract
The article discusses the classification of the Internet of Things, their key markets, which has a great impact on all segments of the international market, and this change the norms of doing business, improves the decision-making system and modify the forms of control in a whole range of industries - from manufacturing to marketing.
The introduction of this new technology in any business model provides an advantage over competitors that have not mastered the principle of the Internet of Things. The purpose of the article is to study how IoT is used in the Republic of Uzbekistan.
Key words: internet of things, industrial internet, hubs, gateways, internet threats, business models.
Background. As you know, the main advantages of Internet of things are the provision of a permanent connection and data exchange between connected devices and users. Thanks to built-in sensors and various technologies that provide communication between objects, it is possible to monitor the health indicators of patients, find objects and goods during transport, monitor the condition of buildings, etc.
The main problems facing the Internet of things are similar to those of Internet technologies: data protection, data quality, use of common standards and protocols, legal issues, etc. Other important issues
facing the Internet of things are the creation of a common addressing mechanism for the effective identification of digital media, providing a common mechanism addressing for efficient identification of digital media, creating devices that can be more energy efficient and reliable, creating isolation and self-sufficiency of the system, which will allow the device to provide fast and reliable communication, which minimizes the load on servers as well as on embedded devices. Internet of Things, (IoT) allows for the constant exchange of data between related entities and identifies the three main components that provide
