DIGITAL TRANSFORMATION OF SOCIETY IN THE MIRROR OF CONSTITUTIONAL JUSTICE IN THE EAEU COUNTRIES

Authors

Keywords:

constitutional control, constitutional justice, human rights, constitution, digitalization of society, digital transformation, information technology

Abstract

The article provides an overview of the legal positions of the constitutional control bodies of the EAEU countries on various aspects of digitalization of social relations. The article examines the decisions of the constitutional courts and other bodies of constitutional justice on the constitutionality of normative legal acts regulating such areas as biometric identification, dissemination of mass information on the Internet, including personal information and personal data, the use of "parental control" software tools, etc. The author concludes that the issues of ensuring constitutional guarantees of privacy, personal and family secrets in the process of using information technologies have become the most widespread in the jurisprudence of constitutional control bodies. The constitutional justice authorities of all the studied states emphasize that human rights and freedoms retain the same importance in the digital world as in the "physical" reality. At the same time, digitalization entails the appearance of objective restrictions in the realization of human rights and freedoms. This makes it necessary to find the limits of permissible restrictions in terms of their proportionality and fairness.

Author Biography

  • Artur N. Mochalov, Ural State Law University named after V.F. Yakovlev

    Candidate of Juridical Science, Assistant Professor of constitutional law Department of Ural State Law University named after V.F. Yakovlev

References

Downloads

Published

2024-08-20

How to Cite

DIGITAL TRANSFORMATION OF SOCIETY IN THE MIRROR OF CONSTITUTIONAL JUSTICE IN THE EAEU COUNTRIES. (2024). EUROPEAN AND ASIAN LAW REVIEW, 7(1), 54-66. https://ealawreview.3nv.ru/index.php/ea/article/view/148