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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue № 05/2019
Contents of Issue № 05/2019
Question at hand
Malinenko E.V. - Developing the Legal Ideal of Constitutions and Statutes of the Russian Federation Constituents pp. 1-6

DOI:
10.7256/2454-0595.2019.5.29093

Abstract: In this article Malinenko analyzes legal regulation and prospects for improving constitutions and statutes of the Russian Federation constituents in order to develop their legal ideal. The subject of the research is the legal provisions contained in constitutions and statutes of the Russian Federation constituents. The object of the research is the social relations arising in the process of developing constitutions and statutes of the Russian Federation constituents as the sources of constitutional law. The aim of the research is to improve constitutions and statutes of the Russian Federation constituents through developing their legal ideal. The methodological basis of the research includes general research methods with the focus on the dialectical method of analysing legal and social phenomena. The author's contribution to the topic is the creation and development of the legal ideal of constitutions and statutes of the Russian Federation constituents. Constituents and statutes of Russia's member states need to be harmonized as a single regional constitutional law. According to the author, the fact that there is no constitutional doctrine on this matter creates gaps and legal collisions. The main research conclusions prove the need in creation of the legal ideal of constitutions and statutes of the Russian Federation constituents. The researcher also emphasizes the need in creation of so-called living constitutions that would adjust legal provisions to the reality. The novelty of the research is caused by the fact that this is the first research to analyze the concept of 'legal ideal' of constitutions and statutes of the Russian Federation constituents and to acknowledge their important role as well as to emphasize the need to improve them which would promote democratization of the legal state and society and develop particular recommendations. 
Lapina M.A. - Development Trends of Legal Regulation of Artificial Intelligence, Robots and Robotics in Social Sphere pp. 7-14

DOI:
10.7256/2454-0595.2019.5.30567

Abstract: The subject of the research is international, foreign and Russian laws as well as policy papers and projects aimed at developing legal regulation of artificial intelligence, robots and robotics in the sphere of social relations. The object of the research is the social relations that promote development and implementation of artificial intelligence technologies in the social sphere of public management. In her article Lapina analyzes possible spheres of social relations that already imply artificial intelligence technologies and robotics, defines terminological problems that explain the fact why there is no single approach to legal regulation of artificial intelligence, robots and robotics, and makes suggestions on how to improve the law in the sphere of artificial intelligence technologies. The methodological basis of the research implies expert and case analysis, legal methods and structural analysis. At the end of the research the author concludes that as a result of significant differences in definitions of terms and kinds of artificial intelligence, robots and robotics, it is necessary to develop the main principles of legal regulation that would be applicable to all kinds of artificial intelligence and robots. Legal regulation of particular kinds of artificial intelligence and robots should be developed based on concrete technical standards because different devices need different rules and regulations.
Issues of administrative and municipal legal relationship
Ismayilova P.F. - Some Issues of Legal Regulation of Cultural Rights in International and National Aspect pp. 15-21

DOI:
10.7256/2454-0595.2019.5.17240

Abstract: The subject of research in the article relates to issues concerning the national and international regulation of human’s cultural rights and freedoms. Attention is paid, in the article, also to the issues of further legal development in this sphere. It is noted that culture has long been one of the priority directions in the state’s development. And the state, in its turn, has an influence upon the cultural development of citizens, and creates the mechanisms of safeguarding and reproduction of cultural values. In the article, the term “cultural rights and freedoms” is studied in accordance with the Constitution of the Republic of Azerbaijan. Special attention is given to the legislative impact on the cultural sphere. It is mentioned that implementation of wide cultural activity in Azerbaijan is part and parcel of the state policy not only in the cultural sphere, but also in the field of developing human’s cultural rights. Therefore, allowing development of legal regulation of these rights in the republic is of extreme importance. In a number of countries, the principles of the state’s cultural policy are secured at the constitutional level. The author considers, in detail, some problem issues existing in the field of national and international regulation of cultural rights and freedoms, having analyzed possibilities of their removal, legal perfection, and gives relevant recommendations.
Executive authorities and the civil society
Malinenko E.V. - On the Question about Constitutions and Statutes of the Russian Federation Constituents pp. 22-28

DOI:
10.7256/2454-0595.2019.5.29909

Abstract: In this research Malinenko carries out research to successfully issue and implement changes in the constitutions and statutes of the Russian Federation constituents taking into account Russia's national goals and strategic missions as these have been stated out by the President of the Russian Federation Vladimir Putin. The subject of the research is the legal provisions contained in the constitutions and statutes of the Russian Federation constituents. The object of the research is the social relations arising in the process of adopting and implementing changes to the constitutions and statutes of the Russian Federation constituents in terms of achieving national goals and strategic missions of Russia at the present stage. The aim of the research is to analyze the procedure for adopting and implementing these changes. The methodological basis of the research includes such methods as logical analysis, social experiment, and special research methods such as formal law and comparative law methods. The result of the research is the conclusion that constitutions and statutes of the Russian Federation constituents need changes in order to achieve objectives affecting the state and civil society as a whole. The researcher proves the need to strive for so-called legal ideal by amending constitutions and statutes of the Russian Federation constituents and adjusting them to political and economic realities and demands. 
Administrative law, municipal law and information security
Gorian E. - Developing Russia's Legal Mechanism of Cybersecurity: Choose a 'Special Path' or Follow International Trends? pp. 29-43

DOI:
10.7256/2454-0595.2019.5.30140

Abstract: The object of the research is the relations arising in the process of improving the national legal mechanism of cybersecurity insurance with new cyber threats coming out these days. Goryan analyzes peculiarities of Russian laws and institutional mechanisms of information security and describes the role and influence of the Russian Federation on the development of the international system of information computer technology security. Goryan analyzes and evaluates the law on 'autonomous' Internet as well as the law on localization of data according to international trends and information security standards. In the course of the research Goryan has applied general research methods (systems structural approach, formal law method and hermeneutical method) and special legal research methods (comparative law and formal law methods). The Russian Federation is the key actor in the development of international system of information computer technology security. Development of Russian legal mechanism of cybersecurity follows the pattern typical for many countries of the world. According to the author, the 'autonomous Internet' model is worthy of declared target and potential threats are expected and may be eliminated by the tools available. The Russian model of data localization within national jurisdiction is a normal response to cyber threats and is aimed at reduction of potential risks none of the country is safe from, even the countries that are believed to have the best mechanism of cyber security (Singapore for instance). In the lon-term perspective itis recommended for Russian legislator to consider potential use of measures similar to those that have been recently applied by the USA, Australia and Great Britain to strengthen requirements for imported equipment, especially amid intense development of 5G generation networks.
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