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In this research, the key theory and doctrines submitting predictive projects of political and legal transformation of state institute in the 21st century are analyzed. it was an analytical research and our finding shows that transfer of the fundamental functional obligations of state institute by others to political subjects will result in dysfunctionality of public and power institutes and instability of political process. In the present work of institutes of the government and the strategy of their development in the globalized world, as well as criteria and characteristics, type-defining "sovereign qualities" of the government, specifying their reality, factuality, etc. is necessary.

The aim of this research was the philosophical and legal analysis of various historical definitions of the “state” concept; iscusses their essentiality and relevance to the real system of knowledge. Our finding shows the evolution of the “state” definitions that takes place in the legal literature; it is noted that this dynamics more or less adequately reflects the evolution of a state itself. it also showed number of concrete-historical varieties of the “state” that represent a specific organization of power, that is, a legally structured and institutionally organized activity for the exercise of the supreme authority’s powers.

The aim of this research is the analysis of the legal and social nature of the head of state institute in atypical political systems is carried out: hybrid and mixed. Authors widely used comparative and legal and comparative- historical methods for Analyzeing this problem. our finding shows that critically consider some philosophical and legal approaches to understanding of a form of the state, place and role of the head of state, the specifics of political systems of different types taking place in different historical the period: from Antiquity up to now.

The new milestones should be expected with the formation of a digital civilization, in the development of all institutions of social relations. Within the mainstream of present study, the authors aim to trace the evolution of ideological institutions, to describe the potential threats and risks for a government institution associated with the introduction of digital technologies resulted in the modern transformation of the value and regulatory foundations of society through the new challenges of digital transformation of international, state-law and social relations. Presently, the two definitions are constituting the concept of ideology. The first one is claiming the “false consciousness” (K. Marx); the second one -“enlightened false consciousness” (P. Sloterdayk). This constructional evolution of the relationship between phenomenology and ideology that is in the center of the study of numerous scholars exists over a century. Along with this story, the philosophy itself as a science had been considerably changed. Such a sharp deviation of the various theories of knowledge of the last two centuries was caused exclusively by the practical orientation of ideological consciousness. The present study is focused on the clarification of this urgent for modern political philosophy issues being strongly influenced by intensive development of information and communication technologies

The paper examines the doctrinal aspects of understanding cyber terrorism as an atypical manifestation (form) of traditional terrorism updated in light of the intensive development and widespread dissemination of information and communication technologies (ICT) in the modern world. The conclusion is substantiated that cyber terrorism is a conceptually relevant concept, which is perceived either as a method of committing a terrorist act (reduced understanding), or as any crimes of a terrorist nature that are committed using information and communication technologies (broad understanding). Analysis and generalization of scientific positions allowed us to define this phenomenon of social reality as the illegal use of information and communication technologies in relation to computer information, computer systems and networks in critical segments of the state and in the private sector, which pose a risk of death, causing significant property damage or the onset of other socially dangerous consequences, with the aim of whipping up fear and tension, as well as influencing the authorities for political or other motives characteristic of the ideology of terrorism.

The article deals with the problem of combating cybercrime in the Russian Federation in the context of its transition to the digital economy. Society and the state in the 90s and early 2000s did not recognize the danger behind cybercrimes. The concept of absolute freedom of dissemination of information, which existed at the time, and other factors have led to a high increase in cybercrime today. The authors concluded that the situation changed only in the last decade, when they began to fight against cybercrime in a comprehensive manner. The article also discusses the issue of delimiting cybercrimes from related criminal acts. The Russian Federation has recognized cybercrime as the main threat to state security and the stability of society. This is reflected both in the development of criminal-legal measures to combat cybercrimes and in preventive measures of an administrative nature. Objects of the so-called critical information infrastructure received special legal protection. The article also reviewed the social danger of some cybercrimes having been already liable to criminal responsibility.

In terms of content, the digital economy is a rather complex and multi-level phenomenon, which has both global, regional and national trajectories for the development of software, information services, digital services, etc., and forms fundamentally new national and extraterritorial markets. In addition, the authors point to different trajectories for the development of the digital economy (national, regional, global) and discuss their specifics. The scientific work examines the principles and tasks on forming a system of legal policy priorities and principles in the digital economy of a modern state. The already developed approaches to the formulation of the legal regulation principles for the digital economy in various research projects, existing regulatory legal acts, doctrinal and other legal documents are analyzed. In conclusion, the systematization of conceptual developments is carried out and the key principles of the modern state legal policy in the field of digital transformation of society and stimulation of the digital economy development are formulated on their basis.

This article examines the impact of digitalization processes on public relations, the legal culture of society, the transformation of public order, and the established value-normative regulators. The authors identify and analyze the key trends and problems of the modern transformation of society, state and law, discuss the main scenarios of interaction between the state-legal organization of society and the rapidly developing new "meta foundations" of social order. They critically assess the attitude according to which digital technologies and algorithmic solutions in the XXI century will ensure systemic control and safety of society. The content of the work also argues that the complete and final virtualization of the regulatory legal space is a rather lengthy and highly contradictory process. The final part of the research substantiates that the emergence of new digital spheres of legal regulation, in a situation where traditional elements of the state, public, and private life move somewhat into a digital virtual space, places the law before new challenges to be addressed based on traditional general legal approaches.

Introduction: digitalization is a new trend of social development on the whole and the legal and political regulation in particular. The digitalization tempts and fascinates, attracts by its novelty and modernity. The idea of a fundamental change in the social order and social regulation under the digitalization influence in a broad sense is in the air and is already perceived as an axiom. At the same time, most people, both non-specialists in the area of social regulation, and even narrow professionals, will find it difficult to answer the question: what exactly will fundamentally change in the world, in society and in the economy, with the widespread introduction of digital technologies? As a result, the publications in the media and many scientific works resemble Hollywood blockbuster scenarios in the technocratic dystopia style, which leads researchers away from solving real problems of the legal regulation of changing social relations. The purpose of the study: to determine the model of interaction of law and digitalization in relation to the current level of technology development. Research objectives: to define the concept of digitalization; to consider the main trends in research on issues related to the large-scale spread of digitalization and artificial intelligence (AI) technologies; to determine the limits of the real impact of digitalization on the law and legal regulation. Methods: the system, structural and functional methods, the methods of analysis and synthesis, expert evaluation. Results: the paper describes one of the trends of modern interdisciplinary research, called by the authors “the effect of digitalization”. In relation to the sphere of legal regulation, the effect of digitalization is manifested in an attempt to see the fundamental novelty in relations using the latest technical means; the relations carried out in electronic form and/or using digital, network, telecommunication technologies, artificial intelligence. It is argued that the mediation of social relations with the latest technologies does not always lead to the change in the essence of relations and the need to create fundamentally new models of social regulation. Conclusions: digitalization in relation to the law appears in the modern world in two qualities: as an independent social phenomenon and as a tool designed to give the legal mechanisms efficiency and accessibility. At the present level of technology development the digitalization in relation to the law should be considered as a tool to improve the legal regulation quality. The Russian practice of “digitalization for the sake of digitalization” is dangerous and inefficient in social and economic terms.

Purpose: The purpose of the article is to conduct a scientific analysis of the place of cryptocurrency in the system of objects of civil rights in Russia. Methodology: This research applies a system of general scientific, special scientific, and special methods of cognition of socio-legal and socio-economic phenomena, including historical-legal, comparative-legal, formal-logical methods, the method of dialectics, the method of system analysis. Result: Digital information technology has become a global trend in world economic development. This article deals with the study of the current state and prospects of legal regulation of virtual currencies (cryptocurrency) in Russia. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Virtual currency as an object of civil rights in Russia is presented in a comprehensive and complete manner.

Purpose: Ensuring the rule of law, human rights, the principles of constitutionalism and the democratization of society, the factor analysis of legislation remains relevant during the period of transformation of state and public institutions. Methodology: The study of factors is present at the theoretical and applied levels: the subject of the theory of law traditionally captures the laws and trends in the formation of the legislative system, primarily in connection with the factors that determine the boundaries and scope of legal regulation. 50 surveys conducted to investigate the factors of impact on content and dynamic of legislation evolution Result: The analysis of the impact factors of influence on the content, structure, and dynamics of the legislation, which is always conditioned by the development of objective and subjective circumstances, is in the focus of the paper. The study of factors is especially relevant in the period of society's and its legal system transformation in the direction of ensuring the rule of law and human rights. Research puts emphasis on the development of forecasting principles of legislation evolution dynamics. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of the factors of impact on content and dynamics of legislation evolution is presented in a comprehensive and complete manner.

The research is devoted to the legal and deontoloigical challenges the society faces in the time of global recognition of artificial intelligence technologies. The authors suggest that adapting current statutory and legal models to, and “adjustment” of legal and technical tools for entirely different relations is poorly effective. The shift from the instrumentalization of the law and “resemblance” mechanism require the formation of the relevant legal policy, development of a special concept of the front-running legal development of society and legal modelling of fundamentally new relations. The main difficulty of the legal and demonological regulation of the process of development and implementation of artificial intelligence systems and robotized technologies is due to the antonymic nature of the latter, since they act as the product and the object of human life activity.

El artículo aborda las formas de los estados tradicionales en el contexto de su origen histórico y evolución, confirmándose que en el orden legal tradicional, la propiedad de la tierra genera poder político distribuido entre varios sujetos, uno de los cuales representa a la comunidad y el otro, el estado mismo. Los autores muestran que este último no ha sido cubierto adecuadamente en la historia de la política. Se confirma, que en la era de los estados tradicionales, la diarquía era una forma típica de organización estatal, cuya esencia era la división de las prerrogativas del poder entre el gobernante supremo, que concentraba las funciones sacerdotales y el "vice-rey", ejerciendo todo el poder militar y administrativo.

Este artículo analiza las características socioculturales del poder político y estatal, así como los procesos de transformación del sistema social. Los autores consideran las características específicas de la democracia corporativa en Rusia, como sistemas de representación funcional, comparan este análisis con otros modelos y conceptos de formas corporativas de democracia. Se argumenta que las estructuras "corporativas" modernas, como parte integral del sistema de representación funcional, son una forma transitiva de transformación sociopolítica, que conduce tanto a la formación de una "democracia de propietarios" como a una "democracia administrada" administrativa.

Este artículo analiza el contenido de los conceptos de "inteligencia" e "inteligencia artificial". Los autores discuten los principales problemas de digitalización de la esfera del derecho público, realizan modelos de las direcciones y perspectivas para la implementación de sistemas de inteligencia artificial en la sociedad moderna. En particular, el artículo analiza las contradicciones y perspectivas para la implementación de sistemas de inteligencia artificial en actividades socio-legales específicas relacionadas con la protección de los derechos, libertades e intereses legítimos de una persona y un ciudadano.

El artículo aborda el análisis del reconocimiento de los sistemas de inteligencia artificial como sujetos de derecho. El artículo confirma la afirmación de que por el momento no hay criterios objetivos para el reconocimiento o la negativa a reconocer algo por el sujeto de la ley. El autor llega a la conclusión de que la inteligencia artificial formal puede ser reconocida como sujeto de derecho de manera similar a la capacidad legal de una entidad jurídica. Debido a las diferencias existentes entre las propiedades del hombre y el sistema intelectual, la humanidad no tiene la obligación de reconocer tales sistemas como sujetos de derecho.

Este artículo analiza el fenómeno de la "realidad virtual", su influencia en la transformación digital de la sociedad moderna de interacción social. Por separado, los autores analizan los problemas de los delitos cometidos con la ayuda de la tecnología de realidad virtual y sus calificaciones. Los autores sostienen que, como parte del desarrollo de la tecnología de realidad virtual, hay espacio para los efectos manipuladores sobre las emociones y la conciencia de la víctima y el efecto psicoemocional es comparable en fuerza al efecto de los eventos en el mundo real. Sin embargo, muchos actos criminales que requieren contacto con la víctima ahora se pueden realizar de forma remota.

Este artículo aborda una herramienta tan importante en la investigación jurídica moderna como el enfoque metateórico. Los autores analizan la naturaleza y las perspectivas de utilizar este método en toda la gama de trabajos de investigación en derecho. El artículo concluye que el resultado de una aplicación competente de herramientas metateóricas es la capacidad de llevar a cabo un análisis sistemático de estudios jurídicos, lo que permite alcanzar el nivel de su implementación práctica en el proceso de desarrollo de políticas jurídicas y construcción del estado, como así como usar un nivel interdisciplinario de comprensión de los problemas de génesis y desarrollo legal.

El artículo discute las doctrinas legales estatales rusas como una categoría científica con un conjunto de características específicas. Los autores analizan las definiciones de doctrina jurídica, doctrina jurídica ofrecida en el discurso político y jurídico ruso, y sobre esta base, presentan sus propias definiciones de doctrina jurídica y doctrina jurídica estatal. Los resultados de la investigación son de importancia decisiva para la historia de los estudios políticos y jurídicos, la teoría general del derecho y la filosofía del derecho, pero al mismo tiempo, pueden utilizarse en otras áreas de la ciencia jurídica (incluida la rama).

The presented study examines the epistemological and philosophical and legal problems of the introduction of artificial intelligence systems in law enforcement. The article discusses the problematic implementation and use of artificial intelligence to automate the enforcement process, the judiciary and public administration. It is shown that the latter is considered without taking into account a key factor - the specifics of the intellectual process of bringing the general norm to a particular case. The authors show that for artificial intelligence systems, the contextuality of the principles of law is not achievable, while it is extremely necessary in law enforcement. In AI, contextual intellectual procedures cannot be programmed, since the ratio between the norm and the context of its interpretation involves a break through the hermeneutic circle in which the norm is a part and the context of the norm (industry principles) is a whole. The limited possibilities of using artificial intelligence systems in justice are also discussed, it is proved that digitalization in this area will be only instrumental in nature, and the administrative functions of robotic technologies are quite problematic and generally ineffective in the spiritual, moral and ethical dimension.

The article analyzes the essence of the traditional state functions, their specificity and key differences in comparison with the activities and tasks of the modern state. Discussion of the differences and the argumentation of the types and specificity of the traditional state functions is carried out by the authors on the basis of systematization of various historical and legal studies, political and legal monuments. The article explains that it is possible for each traditional state to identify a number of special functions having historical and typological specificity and a specific historical characteristic. These special functions deepen and concretize the universal (general) function of the state, based on its purpose and thus embodying the essence of the state as a social institution. The authors demonstrate, in a specific context, that the functions of the traditional state as a “base core” form an affective and traditionalist orientation in public power; in contrast to the modern functions of the state, having a value-normative orientation and a goal-rational activity component.

The main purpose of the article is to analyze The Legal and Economic Aspects of Teaching High Technology Trends. This is a descriptive-analytical study and the library method was used for data collection. Official statistics have also been used, reported by reputable sources and organizations of higher education. In the last stage it has approved that having academic education would facilitate the development in the industry as well as having promotion in academic background.

This article presents an analysis of the socio-economic specifics and political and legal characteristics of a traditional state. The authors illustrate the latter on a vast array of historical examples from the evolution and development of the ancient and medieval states. The authors substantiate that the key feature of traditional states is the absence of the state apparatus in its classical political and legal interpretation. At the same time, using various historical examples, the traditional state, and its public-imperious organization has been proved to base on an extensive system of personal relations and property basis, which was legally documented and represented in the socio-political reality in the land ownership. The absence of public service and, accordingly, state-service relations in the traditional state, in our opinion, was the reason that its state apparatus was not its structural and organizational basis. It seems that this feature should be considered one of the main typological characteristics of the traditional state. In science, however, it is stated that such indivisibility of managerial and economic functions had, allegedly, a place only at the earliest stages of statehood. Gradually, as the state develops, there is a distinction between private and public law functions of the state, due, among other things, to the separation of private property of the ruler from the property of the state (treasury).

The modern approaches to the evolution of the concepts of state and state power in a globalizing world is a subject of the paper. State power as the state evolves because of the need to address the systemic problems of society, requiring the development of new quality management resources. State power, like the political system, formulates and implements the collective goals of society or groups existing in it. The authors focus on the use of system-structural, functional methods of analysis of the state and state power, which makes it possible not only to explain state and political changes, but also to predict them. The authors substantiate the relevance of the methodological approaches of prominent economists and sociologists Schumpeter and Hayek to analyze contemporary problems of democracy, when the adaptive capacity of a state is aimed at reducing and reducing its role in the life of modern global society.

This question of AI legal personhood is mostly theoretical today. In article we try to generalize some common ways that existing in legal theory and practice. We analyze some cases of recognition of untypical legal persons as well enacted statements in Europe and USA. Readers will not find a detailed methodology in the paper, but rather a list of criteria that is helpful to make a decision on granting legal personhood. Practices of European Union and the United States indicate that common approaches to the legal personality of some kinds of AI are already developed. Both countries are strongly against legal personhood of intellectual war machines. Liability for any damage of misbehavior of military AI is still on competence of military officers. In case of civil application of AI there are two options. AI could be as legal person or as an agent of business relations with other legal persons. Every legal person has to be recognized as such by society. All untypical legal persons have wide recognition of society. When considering the issue of introducing a new legal person into the legal system, legislators must take into account the rights of already existing subjects. Policy makers have to analyze how such legal innovation will comply with previous legal order, first of all how it will affect the fundamental rights and freedoms of the human beings. The legal personhood of androgenic robots that can imitate human behavior regarded in paper as a good solution to minimize illegal and immoral acts committed with their involvement. It would be a factor that keep people from taking action against robots very similar to people. Authors conclude that key factors would be how society will react to a new legal person, how changing of legal rules will affect legal system and why it is necessary. At least all new untypical legal persons are recognized by society, affects of the legal system in manageable way and brings definite benefits to state and society.

The paper presents the results of the next stage of a comprehensive study concerning Russian state-legal doctrines in the 19th and early 20th centuries, taken in the triune of the external form of their expression: in dissertations, in monographs and in scientific papers of the periodical legal press. The authors analyzed the content and results of publication of monographs and the most famous papers published by pre-revolutionary Russian political scientists on key aspects of the state (constitutional) law science. Data are presented on the main priority areas of research, poorly developed fields of public law science, the laws of genesis and evolution, respectively, of monographic and periodical state-legal doctrines. The methodology proposed for the identification, analysis and general theoretical evaluation of state-legal doctrines has every reason to be applied for obtaining comprehensive knowledge of other branch pre-revolutionary legal doctrines.

The present paper considers "corporate democracy" as a political and legal and social and economic a phenomenon. The last one as the authors think acts is a transitional step from authoritative power to democratic. The paper analyzes the processes of democratic institutes formation in the transition period, in detail considers the role of institutes of the state in this process. It also examines changes which happened in property relations in the Russian Post-Soviet political and legal organization of society. The paper describes the merger process of bank and industrial capitals to the state in its specific "transitional" form, and also the feature of political and economic development of Russia in the transitive period. It proves that formation of society of owners is the indispensable basis of free democratic society, and establishment of the real property right will allow creating full-fledged civil society independent from the state. Thus, the paper points out that the "corporate" structures as a component of the system of functional representation are intermediate formation and they can be turned into both parties - both to "democracy of owners", and administrative "operated democracy". DOI: 10.5901/mjss.2015.v6n6s3p282

This article discusses the various forms of public authorities functioning and state authorities functioning in particular. The authors argue that in addition to the institutional and regulatory and structural and functional characteristics, public authority realizes in extra-legal form, which acts as a complex concept correlating with such forms as "informal", "shadow", "unlawful." It is proved that this form of governmental authority is not mediated by law and can have both formal public and informal, shadow and non-legal nature. The matter of this article shows that extralegal forms of activity lead not only to negative, but also to positive effects - to the development of the system of state power, political forms and regime, methods of state and legal impact on the political, economic, social and other systems of society. Thus, in some cases extralegal but legitimated by society forms of state influence on the political process can get institutional and regulatory clearance. Moreover, the authors identify the causes and factors of the development of this form, as well as provide a meaningful analysis of the informal authorities’ activity, their shadow interaction and shadow forms of relations, illegal practices, unlawful sphere and shadow law. DOI: 10.5901/mjss.2015.v6n3p387

The paper analyzes two main dominant political projects of transformation of the political system and state-legal organization in the post-Soviet territory - conservative one and modernizational one which differ in internal ambiguous and contradictory. The authors argue that the process of political transformation should be examined as a wider category than the concept of "modernization", which is a type of transformation processes which are interpret as evolutionary, revolutionary or pendulum forms of political institutions, the system of authoritative relations. It is proved that modern conservative projects of transformation of political life of the community, aimed at the formation of adequate and organic to socio-cultural environment public institutions of government, forms of organizations that meet the interests and values of society. At the same time, it is shown that in the twenty-first century in the post-Soviet territory, and in particular in the development of Russia's political organization a stable conservative strategy is restored. The paper the general characteristics are identified and the fundamental differences between conservative and modernist political programs are pointed out. Depending on the style of conservative thinking and fundamental civilizational standards of political organization such conservative platforms operating in Russian politics as traditsionalistic, neo-eurasistic, modernistic, postmodernistic and others are selected and analyzed in the article. DOI: 10.5901/mjss.2015.v6n3s2p373