The rule of law and digital transformation of public administration

Abstract

The purpose of the article is to consider the importance and necessity of achieving an optimal balance between ensuring the fundamental rights of the individual and the principles of the rule of law in the context of the rapid development of information and communication technologies, digitalization of all spheres of public life and public administration. Since as a result of widespread digitalization, the individual, society and the state interact in a new format of digital reality. Despite the obviousness of the thesis put forward, a legal analysis of the digitalization processes taking place in Kazakhstani society, the identification of risks and threats to individual rights, along with the development of recommendations for ensuring the principles of the rule of law, is necessary. The methodological basis of the study was general scientific conceptual approaches, as well as approaches and methods that are inherent in modern legal science. As one of the main methods, discourse analysis of regulatory documents and scientific materials was used, which made it possible to study the existing opinions and results in matters of interaction between the individual, society and the state. The achieved results are expressed in the fact that the authors considered the role of the state in relations with citizens and other institutions of civil society that function in the new digital reality. Particular attention is paid to the responsibility of the state for the correct construction of an information society based on modern digital technologies. As a result of the study, the authors come to the conclusion that the creation of digital reality has both positive and negative aspects that affect the functioning of state power and the principle of the supremacy of law. The authors state the need to strengthen information security issues, since the digital reality created on the basis of information and communication technologies requires careful legal regulation and protection.