The creation and implementation of competitive digital technologies is an important task for every state striving for global political and economic leadership. Today, the issue of creating and implementing components of the digital industry (Industry 4.0), the use of which can significantly affect the development of industrial production of the state, is especially relevant. At the same time, solving this problem is extremely difficult due to the need to overcome some barriers that hinder the development of the digital industry (Industry 4.0). Among these, legal barriers pose a major problem. The purpose of the article was to identify the key legal barriers to the implementation of the components of the digital industry (Industry 4.0) and choose the best ways to overcome them. The methods that formed the basis of the study were a comparative legal analysis of the current domestic and foreign legislation, as well as scientific literature on the digital industry, its components, barriers that hinder their development and tools to overcome them, as well as a systemic method and method of legal modeling. As a result of the study, the authors identified the key legal barriers to creating and implementing components of the digital industry (Industry 4.0). To overcome them, the authors propose to use legal instruments, the complex application of which will contribute to the improvement of the current legislation in the field of digital technologies creation, the attraction of investments in their creation and implementation, as well as ensuring the digital sovereignty of the country.

Step by step, new digital technologies are capturing different spheres of our life. The opportunities of their application are almost infinite, and potential is very promising. But digital innovations as a trend represent a challenge for every modern state. Especially for member-countries of the BRICS union who seek to become the world’s leading countries. For this reason, the most important task for the members of BRICS is to create adequate “smart” regulation, which offers alternative ways of regulatory impact on transforming business relations. Using the regulatory sandbox as an experimental legal regime is one of the ways to test the creation, production, and realization of digital innovation. Having been first applied in 2016 in the United Kingdom, nowadays this model is successfully implemented in such countries as Singapore, Australia, and the United Arab Emirates. Member-countries of BRICS are only beginning to adopt this unorthodox tool; in most of its countries the legal framework is ongoing now. The aim of this research is to analyze current legislation and legal framework on the regulatory sandboxes in BRICS countries, define features of national models, difficulties and further prospects of its usage. This research is based on the comparative and formal juridical analysis of legislation, draft laws, and research papers dedicated to regulatory sandboxes in BRICS. The authors identify different barriers and risks of using regulatory sandboxes for the digital innovations successfully and offer some ways to overcome these challenges, including the formulation of guidelines for operating regulatory sandboxes based on a balance of public and private interests. The authors conclude that it is necessary to update legislation on the regulatory sandboxes for reaching positive effect from the digital transformation and make several suggestions for optimization its provisions. The results achieved in research paper can be used both in the lawmaking process as well as the foundation for further scientific researches.

Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.

доцент кафедры предпринимательского, конкурентного и экологического права Национального исследовательского университета Южно-Уральского государственного университета (ЮУрГУ), кандидат юридических наук

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