Rethinking the paradigm of criminal law under the influence of modern technologies and challenges

Abstract

The purpose of the study is to scientifically substantiate the need to rethink the paradigm of criminal law in the context of intensive technological development and current challenges caused by a full-scale armed invasion of Ukraine. The object of the study is the processes of transformation of principles, concepts and instruments of criminal law under the influence of modern digital and social changes. The main objectives of the article are to identify key technological and social challenges, analyze their impact on criminal law doctrine, and form conceptual approaches to the renewal of criminal law in an interdisciplinary context. The article substantiates the relevance of the need to rethink the paradigm of criminal law under the influence of modern digital technologies and deep social transformations caused by a full-scale armed invasion. It is determined that the traditional structure of criminal law is unable to fully respond to new forms of socially dangerous behavior, including digital sabotage, algorithmic crimes, cyberattacks, as well as looting, collaborationism, and illegal possession of weapons in front-line regions. The study proves that there is a need to revise the fundamental concepts of criminal law - guilt, subject, occurrence of responsibility - taking into account the autonomy of the actions of digital systems. Six key challenges are characterized, in particular: blurring of the boundaries of responsibility, imperfect regulatory support, unreliability of digital evidence, the emergence of new social forms of crime, aggravation of the dilemma between security and human rights, as well as a significant lag of science from the pace of technological development. It is established that without doctrinal renewal and an interdisciplinary approach, the legal system risks losing its ability to adapt in conditions of war and post-war reconstruction.