THE ROLE OF THE STATE IN THE LEGAL REGULATION OF THE DIGITAL ECONOMY

The purpose of this study is to analyze the digitalization process, the digital economy and the role of the state in the legal regulation of the digital economy. The result of the study is the formulation of a three-level scheme of legal regulation of the digital economy, which will take into account the interests of all interested parties, as well as the technological features of the ongoing processes. It seems that the legal regulation of the digital economy is carried out at the national, international and non-state levels. At the same time, the results of the study carried out include the conclusion that the type of economy existing in the state (market type of economy, mixed type of economy, command-administrative type of economy) affects the role of the state in the legal regulation of the digital economy. Thus, the market type of economy presupposes for the state the role of a «night watchman», which interferes with market mechanisms only as a last resort, that is, when the market was unable to resolve this issue through self-regulation. Consequently, the role of the state in relation to the digital economy within a market economy cannot be fundamentally different from the basic type of economy that exists in the country. The mixed type of economy does not determine the degree of state intervention in economic issues, since each state independently establishes the proportions of the ratio of market and administrative mechanisms. Thus, the role of the state in regulating the digital economy within a mixed type of economy will depend on the real role of the state in economic processes. The Russian Federation did not directly constitutionally fix the type of economy that exists in the state, as a result of which various researchers substantiate the existence in the Russian Federation of either a market economy or a mixed economy, which creates uncertainty about the role of the Russian Federation in regulating the digital economy.

digital economy, digitalization, type of economy, market economy, mixed economy