Naukovi Novyny, Vol 1, Issue 6, June 27, 2019

Constitution and automation


On June 28, Ukraine celebrates Constitution Day. Our country is far from the status of a state with the rule of law, especially at the higher levels of power. And the problem is not only in corruption but also in legislation, including the Constitution, and related processes - lawmaking and the implementation of laws. The article by Prof. Dag Wiese Schartum of Law Faculty of the University of Oslo, Norway, Head of the Norwegian Research Center for Computers and Law "Law and algorithms in the public domain" is republished from the Nord J Appl Ethics (2016), 15-26 in this issue. In the article, the law drafting, legislative and implementation processes are considered from the point of view of the automation of state administration, point of view of improvement of these processes and increasing their openness, and hence control over them by not only "the few initiated". For automation of state administration the laws need to be transformed to computer algorithms. This is not always possible. What problems hinder transformation to algorithms and possible ways to overcome them are discussed in the article. Let's hope that the expected by prgoressive majority of citizens of Ukraine changes to the Constitution and other laws of Ukraine will take into account the best practices of world lawmakers and, above all, avoid the ambiguities that create "muddy water", which makes it possible to make legal decisions depending on the personal connections of those who makes them and a thickness of the wallet of interested persons. Will they be made suitable for automation? We will see. But, with a great deal of probability, this is the future.

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