MODERNIZATION OF PRIVATE LAW REGULATION IN THE CONTEXT OF MILITARY THREATS AND DIGITAL RISKS

Abstract

The article is devoted to the problem of improving legal regulation in the conditions of modern threats (military, environmental, negative consequences of gaps in scientific research on a number of modern technologies) and digital risks using the example of the EU and Ukraine. Modern threats to well-being, both public and private (armed conflicts, risks of digitalization and the use of new technologies, critical state of the environment), which are the result of human activity and require the application of adequate legal means to prevent them (threats) and minimize the consequences associated with them, have been identified. The state of legal regulation of public relations affected by these threats in the EU and Ukraine is analyzed, as well as the EU's response to the emergence of new abuses related to the use of new technologies in the digital economy markets, in order to avoid restrictions/prohibitions enshrined in legal acts (DMA, DSA), which led to the European Commission's decision to develop and adopt the Digital Fairness Act. Given the impact of modern challenges on both the public and private lives of members of society, legal provision for resolving the problems raised (reducing their negative consequences) involves comprehensive regulation of modern public relations using both private and public law mechanisms. In particular, this concerns the regulation of international (such as that enshrined in EU Regulation 2021/2085 of 11/19/2021) public-private partnership relations, capable of ensuring the joining of efforts of Ukraine and friendly states to reduce modern risks and their consequences. Improving legal regulation to solve the problems raised here in Ukraine should be carried out at several levels: the Constitution (consolidation of provisions on: the role of the state in reducing the risks of modern threats; digital status of citizens); determining the specifics of public relations affected by digitalization in a codified act, which may be a Digital Law/Code; taking into account the provisions of the latter when regulating certain types of relations - private, economic, environmental, etc.; enshrining in the Civil Code/Code of Private Law provisions on a partnership agreement, as well as on risks, their types, including unacceptable ones as a criterion for prohibiting abuse of law.