Remote action as a type of legally significant action

Keywords: contact action, remote (non-contact) action, physical remote action, remote action with the use of the Internet, electronic remote action, physical action with the use of electronic equipment

Abstract

Introduction. In the article, the system-forming subject of research is remote action as a type of lawful actions of legal entities, which is understood as the direct opposite of contact action, the criterion for distinguishing which is their method of implementation in space. The concepts, signs of contact and remote actions, as well as the classification of the main types of remote actions are represented. The purpose of the article involves, first of all, the characterization of remote action from the standpoint of general theoretical jurisprudence, the definition of its concept with the justification of its terminological form and internal logic.

Summary of the main research results. According to the method of implementation in space, it is necessary to distinguish between contact actions and remote (non-contact) actions, which become lawful actions in the case when the hypothesis of the rule of law provides for the relevant action as a legal fact, as a result its "legal consequences" (positive, negative). The main features of remote action are "instrumental" feature (a special way of implementing the action) and "spatial" feature (remoteness in the physical space of the subject of action in relation to a particular object, subject). The basic concepts of the author's definition of remote action: "mode of action", "remoteness (significant, insignificant) in space", "subject of action", "object (subject) of influence (interaction)". According to the method of implementation there are remote actions: verbal, physical (body-moving): insignificant, symbolic; using: natural (modified, unmodified) means; artificial means ("technical", "robotic" - non-autonomous, autonomous). By types of technical means there are remote actions with the use of technical means: non-electronic, electronic; the latest (using technology with artificial intelligence technology), historical and traditional.

Conclusions. The term "remote action" is ambiguous, the phrase "remote action" may be related to such legal categories as "subjects of law (legal relations)", "objects of law (legal relations)". Legally significant "remote action" should be defined as a rule provided by the rules (principles) of law, which is carried out in a way that allows a certain significant or insignificant distance in the space of the subject of action and its object (subject) of influence (interaction). Today, first of all, there is a need to distinguish between remote actions using artificial means (technical, robotic - non-autonomous, autonomous), as well as - physical, using the Internet, electronic remote actions.

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Published
2022-06-28
Cited
How to Cite
Shulga, A. (2022). Remote action as a type of legally significant action. The Journal of V. N. Karazin Kharkiv National University. Series Law, (33), 16-27. https://doi.org/10.26565/2075-1834-2022-33-02
Section
Theory and history of state and law; history of political and legal doctrines