DIGITAL TRANSFORMATION AS A DETERMINANT OF RECOGNITION OF THE CONSTITUTIONAL RIGHT TO POSTHUMOUS CREATIVE EXISTENCE
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Author(s): | Voronin A. V., |
| Number of journal: | 2(71) | Date: | June 2025 |
| Annotation: | In the digital age the reality of constitutional rights is ensured through the recognition of the powers of an individual that are not directly named in the constitutional text, but correspond to its meaning and spirit. The article is devoted to the problem of determining the phenomenon of posthumous creative existence of a person via digital transformation, the potential admissibility of expanding the catalog of the funda- mental rights. From the point of view of the theory of determin- ism, an approach is proposed according to which digital trans- formation necessitates the recognition of the constitutional right to posthumous creative existence as an opportunity for a person to continue his creative path after his own death through the use of digital technologies. In this regard, the purpose of the study is to formulate proposals aimed at increasing the effectiveness of the mechanism for mediating the use of this constitutional right. Based on the constitutional methodology of law, the article studies the materials of the scientific discussion, law enforce- ment practice, and the provisions of the current positive leg- islation, proves the existence of a causal relationship between posthumous creative existence and digital transformation, which in historical retrospect was the cause of constitutional modernization and the accompanying constitutional rethinking of the role of digital technologies in legal communication. It is proposed to consider digital transformation as an axiologically colored process of transferring traditional forms and practices of human communication from an analog format to a digital one, the result of which in a given context is the postulation of the spirituality of posthumous creative existence. The conclu- sions and proposals formulated in this scientific article can be used in law-making and law enforcement activities for the pur- pose of developing the legal factor of personality, substantiat- ing the legal and democratic foundations of Russian statehood. Further research into the phenomenon of posthumous creative existence from the point of view of its conditioning by digital transformation is possible in the aspect of defining the essential and substantive characteristics of traditional constitutional law. | ||
| Keywords: | digital transformation, posthumous creative existence, constitutional law, constitutional use of rights, consti- tutionalism, digital technologies, personality avatar, deepfake, digital resurrection, determinism |
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| For citation: | Voronin A. V. Digital transformation as a determinant of recognition of the constitutional right to posthumous creative existence. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;2(71):234—238. DOI: 10.25683/VOLBI.2025.71.1274. |
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