Digital state in the context of legal reform in Ukraine: theoretical and legal aspect
Abstract
The purpose of the article is theoretical and legal coverage of the key parameters of legal reform in the field of digital state formation based on the application of the institutional approach, as well as taking into account the achievements of domestic theoretical and legal science and legal branch science. It is shown that the formation of a digital state is an integral element of digitalization of all spheres of social life and a requirement of modernity. Structural and procedural approaches to the study of legal reform in the field of digital state formation are analyzed. The expediency of combining these approaches for a deeper and more comprehensive scientific knowledge of the studied phenomenon is highlighted. It has been established that the legal reform in the field of the formation of a digital state should be recognized as a type of legal reform aimed at a holistic, comprehensive change in the conditions and legal basis of the organization and functioning of the state apparatus in the direction of its optimization and the widest application of information and communication technologies in order to simplify the state administration system, significantly increasing its effectiveness and including society and individual citizens in solving the most significant issues of social and state life. The key aspects and directions of this reform are analyzed.
It has been proven that the model of forming an exclusive digital state, which did not provide for the wide involvement of society and its institutions in solving national (public) issues and affairs, has been implemented in modern Ukraine, which essentially reproduced the conservative trajectory of the previous state-power development. It is indicated that the transition from an extensive paradigm of a digital state formation to an intensive one should be recognized as an urgent need today, which would provide for an inclusive model of the formation of a digital state due to the real inclusion (involvement) of civil society institutions in solving state affairs, stimulating civil initiative and making it impossible to adopt key legal acts without prior extensive public consultation, which should be given not optional but mandatory character.
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References
Bakumov, O. S. (2019). Implementation of the concept “the state in a smartphone” as a direction for improving the legal responsibility of the state in modern Ukraine. Subcarpathian Law Herald, 4(1), 15-22.
Boyko, N. L. (2021). The Internet as a resource for democratization of Ukrainian society [Doctoral thesis, National Academy of Sciences of Ukraine].
Burdin, M. Yu. (2021, March 2). Features of the formation of the “electronic state” [Conference presentation abstract]. International Scientific and Practical Conference “Kharkiv National University of Internal Affairs: 20 years of national status”, Kharkiv, Ukraine.
Byrkovych, T. I., Byrkovych, V. I., & Kabanets, O. S. (2019). Current issues on the implementation of electronic governance in the field of ecology and natural resources. Investment: Practice and Experience, 16, 74-78.
Bysaha, Yu. M., & Bielov, D. M. (2015). Constitutional and legal regulation of reforms in the state: issues of theory and practice. Constitutional and Legal Academic Studies, 1, 44-54.
Cultbertson, S. (2005). E-Government and Organizational Change. In M. Khosrow-Pour (Ed.), Practicing E-Government: A Global Perspective (pp. 83-109). Idea Group Publishing.
Dukhovna, O. (2019, November 5). Ukraine “in the digital”: directions of reform. Legal newspaper online. https://yur-gazeta.com/publications/practice/informaciyne-pravo-telekomunikaciyi/ukrayina-v-cifri-napryamki-reformuvannya.html.
Graham, J., Amos, B., & Plumptre, T. (2003). Principles for Good Governance in the 21st Century. Policy Brief, 15, 3–9.
Hryshchenko, I. (2020). Program of activities of the Cabinet of Ministers of Ukraine in the aspect of consolidation and development of the Ukrainian nation. Journal of Research Papers of the National Academy of State Administration of the President of Ukraine, 1, 33-40.
Kholod, V. (2006). Political modernization: a cluster of contradictions. Political Management, 5, 33-45.
Klimushyn, P. S. (2016). Strategies and mechanisms of electronic governance in the information society. Mahistr.
Krusian, A. R. (2017). Constitutional humanitarian law: the foundations of the conceptual paradigm. ScienceRise: Juridical Science, 2(2), 31-36.
Kushakova-Kostytska, N. V. (2019). Philosophical and legal foundations of the formation and development of the information society in Ukraine [Doctoral dissertation, Kyiv].
Kuspliak, I. S. (2012). Electronic governance as a tool for forming open and transparent political power [Cansisate dissertation, South Ukrainian National Pedagogical University named after K. D. Ushynsky].
Lemak, V. V. (2003). Legal reform in Czechia and Slovakia in conditions of post-socialist modernization: theoretical and practical problems [Doctoral dissertation, Yaroslav Mudryi National Law Academy].
Luhynia, M. V. (2016). Development of the concept of efficiency in public administration: theoretical and applied aspect [Candidate thesis, Kyiv].
Malyshev, B. V. (2012). Legal system (teleological dimension). Dakor.
Marchenko, V. V. (2016). The Administrative and Legal Framework of E-government in the Executive Branch [Doctoral thesis, Kharkiv National University of Internal Affairs].
Mukomela, I. V. (2016). Legal Foundations of the Information Society: General-Theoretical Analysis [Candidate thesis, Yaroslav Mudryi National Law University].
Pochenchuk, G. M. (2017). Theoretical aspects of institutional reform. Scientific Herald of International Humanitarian University, 8, 24-30.
Rabinovych, P. (1998). The general concept of legal reform in Ukraine: to the characteristics of the basic principles. Journal of the Academy of Legal Sciences of Ukraine, 1, 15-24.
Romanchuk, O. Z. (2020). Electronic governance: a constitutional and legal study [Candidate thesis, Uzhhorod].
Senkevich, О. F. (2020). Transformation of territorial and economic systems in the development of digital economy and society [Candidate dissertation, Odesa National University of Technology].
Shtets, T. F. (2021). State regulation of the digital economy sector of Ukraine development [Candidate dissertation, Lviv University of Trade and Economics].
Sokolovska, O. O. (2021). Adaptation of foreign experience in the use of digital technologies in local self-government bodies [Candidate dissertation, Dnipro].
Ternushchak, M. M. (2020). Administrative process in public administration [Doctoral dissertation, State Research Institute of the Ministry of Internal Affairs of Ukraine].
Tertychnyi, Ya. S. (2021). Determinants of e-commerce development in the conditions of global digitalization [Candidate dissertation, Vasyl’ Stus Donetsk National University].
Yelisieieva, O. S., & Lazariev, V. V. (2021, March 2). Digital transformation of the legal system of Ukraine: the emergence of a new category of human rights and the need to protect them [Conference presentation abstract]. International Scientific and Practical Conference “Kharkiv National University of Internal Affairs: 20 years of national status”, Kharkiv, Ukraine.
Yevsiukova, O. V. (2020). Formation of mechanisms for managing the development of the service state in the conditions of social transformations [Doctoral dissertation, National Academy of State Administration of the President of Ukraine].
Yushchyk, O. I. (1997). Legal reform: general concept, implementation problems in Ukraine. Institute of Legislation of the Verkhovna Rada of Ukraine.
Zubko, Yu. (2019). The sixth technological order: infrastructural and legal aspect. Entrepreneurship, Economy and Law, 11, 218-229.
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