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ABSTRACT
Subject of research. The conceptual and methodological aspects, in the context of developmental trends in the subject and system of financial law, of training specialists in the field of FinTech Law.Purpose. To formulate conceptual and practical proposals which could transform the financial law system; also, to provide lawyers with the methodological foundations to form a comprehensive financial and legal library in the context of the digitalization of the economy.Methodology. When searching and systematizing educational programs in the fields of digital law and FinTech Law, both a literature review and a comparative method were used. To organize national strategies for the digitalization of the economy, a formal legal method was used. In formulating the author’s concept of a financial law system (in which the FinTech Law legal institution could occupy a space), a systematic and integrated approach was used. In formulating methodological proposals for the integration of legal, financial and digital literacy, a competency-based approach was used.Results. The author argues that globalization must be a prerequisite for the foundations, both scientifically and educationally, underlying the FinTech Law Institute. In finance, globalization has manifested itself both negatively (through the systemic risk that emerged amidst the global financial crisis) and positively (through the creation of a new, risk-oriented system of international and national regulations, financially and legally, which are sensitive to ongoing digital challenges). Based on a review of experiences undertaken, both in Russia and abroad, to develop the scientific and educational basis of FinTech Law, the author formulates proposals to further develop this topic and to transform the financial law system. These include implementing three large entities (sub-sectors) in the form of monetary law, fiscal law, and financial market law, as well as the integrated institute of FinTech Law. The author offers his own version of a structure this legal institution can use. The article offers proposals, conceptually and practically, for transforming the system of financial law, and for improving the methodological foundations required to form a comprehensive financial and legal library for lawyers in the context of globalization and digitalization. It also substantiates the important position that FinTech Law occupies in systems for the professional training of lawyers. The results of the study can be used in the development of the scientific doctrine of financial law, or in the methodological foundations of the formation of complex competencies of lawyers through the formation of financial, legal and digital literacy. Digitalization is typically discussed with a focus on what is technically possible. For instance, I well remember having seen touch screens and Kindle-type reading devices long before they were available to the public at large. At the time, I wondered who would be prepared to pay money for functionalities I believed were exotic. In hindsight, I was right and wrong. I was wrong in believing that the functionalities I saw would not be broadly used; I was right in doubting that, in the isolation those functionalities were presented in at the time, they would make sense. Where my imagination failed was to conceptualize integrated platforms, which would make such features interesting. Similarly, I think one should not think about digitalisation assuming that the type of economy we have been accustomed to would simply disappear and be replaced by a digitalised economy; nor that there would be major disruptions to the environment we are working in currently, with suddenly new ways of cooperating emerging. I find developments that are disruptive in a certain area but that easily integrate themselves into our daily life more likely and a better guidance for further thinking. An example of this type of integration - in which new developments enter the remainder of our daily life - is the taxi industry in big cities, which is so easy to use that it becomes difficult to imagine the hurdles we had to overcome dealing with transport years ago. The intention of this article is to help conceptualising what the future will look like, to give some selective ideas of concrete instruments and companies that could further the transformation, and to attempt to give an idea of the effects the current crisis may have on the transformation of the economy we all will be a part of in the years to come. |
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