The article examines the problems of regulation of the digital economy in order to identify new legal mechanisms for their regulation due to digitalization. Emphasis is placed on the need for co-regulation (involving the state and digital businesses), technical regulation, including standardization, and the search for effective means of regulating mining relations and the use of cryptocurrencies. Applying a number of scientific research methods (dialectical, formal-logical, synergetic, systems analysis, prognostic, comparative law, etc.), it is proved that digitalization is a complex phenomenon with its inherent advantages (in particular, the ability to solve complex problems) and risks (threat of human loss of control over artificial intelligence and robots, abuse of digital capabilities, increasing carbon footprint due to excessive consumption in the process of digitization of electricity, etc.). Under these conditions, the problem of legal support of digitalization with the aim of its social orientation, which should ensure the socially useful use of the positive properties of digitalization and minimize its risks, is acute. With the progress of digitalization, the attitude of society (at the international and national levels) to the regulation of relations in this area changes. The slogans about the independence of cyberspace have been replaced by the realization of the establishment of civilized "rules of the game", which should play the role of a regulator that takes into account both public interests (society, states, international community) and private interests of digital business. The emphasis is on two components of regulation of digitalization relations – technical regulation, including standardization, and regulation of relations on mining and use of cryptocurrencies. According to the results of the study, it is necessary to introduce legal mechanisms for regulating the relationship of digitalization, taking into account its duality (the presence of both benefits and risks) and proposes changes to current legislation of Ukraine.
economy; digitization; risks of digitalization; legal regulation; standardization; cryptocurrency.
https://doi.org/10.31359/jnalsu.29(3).2022.181-204
Retrieved from Journal NALSU №3, 2022 year
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