NEW CONCEPT OF THE EVOLUTION OF THE LEGAL SYSTEM IN THE CONTEXT OF THE DIGITAL TRANSFORMATION OF STATEHOOD

Анотація

The work presents a comprehensive theoretical and legal study of the transformation of the state and law under conditions of global digitalization and the emergence of an algorithmic society. It is substantiated that the current stage of state development is characterized by a transition from a classical normative-institutional model to a digital-network model, within which key roles are played by artificial intelligence technologies, big data analysis, automated decision-making, and algorithmic governance.The study substantiates that digital transformation fundamentally reconfigures the ontology, epistemology, and functionality of law. Legal regulation is no longer limited to formal normative prescriptions but increasingly operates through computational processes, predictive analytics, and network-based coordination mechanisms. In this context, law evolves into a cybernetic system of governance, capable of processing complex data flows, modeling social behavior, and generating adaptive regulatory responses.Particular attention is devoted to the reconceptualization of core categories of the theory of state and law, including sovereignty, legitimacy, the rule of law, legal consciousness, and legal regulation. The monograph demonstrates that these categories acquire new semantic dimensions within digital environments, leading to the emergence of such constructs as digital sovereignty, algorithmic legitimacy, and legal algorithmization. It is argued that legitimacy in the digital state is increasingly contingent upon transparency, accountability, and explainability of algorithmic decision-making processes rather than solely on traditional institutional authority.The author develops an original conceptual framework of Digital Legal Theory (DLT) as an interdisciplinary paradigm integrating legal theory, information law, cyberlaw, systems theory, and artificial intelligence studies. Within this framework, a multi-layered model of the legal system is proposed, encompassing normative, algorithmic, and network levels of regulation, which interact dynamically in shaping legal outcomes in digital societies.The scientific novelty of the research lies in the formulation of a holistic concept of the algorithmic legal system, the development of an advanced categorical apparatus for digital jurisprudence, and the identification of structural patterns governing the transformation of state power in the digital era. The study introduces and theoretically grounds key notions such as “algorithmically mediated legal decision-making,” “data-driven legal governance,” and “analytically derived legal outcomes,” thereby expanding the methodological boundaries of contemporary legal science.Furthermore, the monograph critically addresses the risks associated with algorithmic governance, including issues of bias, opacity, and potential erosion of fundamental rights. It emphasizes the necessity of maintaining a human-centered approach to digital transformation, ensuring compliance with principles of fairness, proportionality, and legal certainty.The practical significance of the research is manifested in its applicability to the development of digital governance strategies, modernization of legal frameworks, and implementation of AI-based systems within public administration. The findings may be utilized in legislative processes, policy design, and the advancement of legal education aimed at training professionals capable of operating within digitally transformed legal environments.

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