DOI: 10.7256/2454-0706.2020.5.32644

Abstract: The subject of this research is the existing in the Russian practice procedures for assessment of projects of normative legal acts from the perspective of their impact upon the social sphere. Analysis is conducted on the interconnection between negative social processes in the Russian society, as well as absence of state interest in assessing social impact of various transformations in the social sphere and their normative manifestation. The author examines the approaches towards assessment of regulatory impact that are established in international documents and conserve as a base for developing conceptual foundation and methodology of assessing social influence, as well as principles that need to be places in the basis of assessment of the regulatory impact in the social sphere. The scientific novelty of this study consists in the fact that for the first time in Russian literature the author poses the problem of the need to assess not only the economic, but also social consequences of projects, solutions and their normative expression. An attempt is made to conceptualize the foundation for such assessment and formulate its principles vase on the existing international law.

DOI: 10.7256/2454-0706.2020.5.32773

Abstract: This article is dedicated to study of peculiarities of legal regulation of the work of operators of foreign payment systems and foreign providers of payment services within the framework of national payment system of the Russian Federation. The object of this research is the public relations that emerge in the process of rendering payment services by foreign providers, their provision of electronic payment means for financial transfers on the territory of the Russian Federation, functionality of the operators of foreign payment systems, and supervision by the Bank of Russia. The subject of this research is the legislative norms on national payment system. The scientific novelty consists in the fact that based on the positions of the legislation on national payment system conclusions are made on peculiarities of carrying out supervision over the operators of foreign payment systems and foreign providers of payment services. This supervision is also indirectly carried out through Russian operators of financial transfers. In a case of failure by a foreign organization to meet the requirements established by the legislation on national payment system, the operators of financial transfers loses its right to take part in international payment systems and render financial services associated with transfer of funds using electronic payment methods rendered by foreign providers. The corresponding rules were set to ensure stability of national payment system, increase the quality of payment services, protect the rights and lawful interests of payment service consumers, and finally, ensure financial security of the Russian Federation.

DOI: 10.7256/2454-0706.2020.5.32851

Abstract: The subject of this research is the norms of Russian law mediating investment activity that is carried out using digital technologies, development prospects for Russian legislation, as well as theoretical constructs proposed by Russian and foreign experts in development of the category of investing using digital technologies. Special attention in the process of development of legislation is given to the principle of technological neutrality. This author employed general scientific methods of structural-functional analysis and systemic approach, which allowed verifying the acquired results of the scientific research. This work presents a comprehensive analysis of the legal relations emerging as a result of investing using digital technologies. A conclusion is made that digital technologies develop very rapidly, and thus, the legislator must describe the essential features of the mentioned phenomena and legal relations, and prescind from the current level of technology when possible.

DOI: 10.7256/2454-0706.2020.5.32826

Abstract: This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.

DOI: 10.7256/2454-0706.2020.5.32675

Abstract: The subject of this research is the legislation of the Russian Federation on personal information and other legally protected secrets, civil procedural legislation, as well as law enforcement practice, including explanation  of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in the area of protection of personal information and the process of access to personal information, as well as other legally protected information. The goal of this research is to determine the problem pertaining to access to personal information at the stage of assessment of validity of claims an individual intending to pursue litigation. The main conclusion of the conducted study consists in articulation of a problem associated with the ability to access personal information at the stage of assessment of validity of claims. The problem in question is not only relevant, which is confirmed by many instances in case law, but is also sparsely covered by researchers. This defines the scientific novelty of this paper, as well as dictated by objective complexity of the search for a solution to the problem in the context of balance of interests of counterpoising private parties: interests of an individual whose personal information is protected by law, and interests of an individual intending to gain access to this information for the purposes of pursuing litigation.

DOI: 10.7256/2454-0706.2020.5.32594

Abstract: The subject of this research is articulation of the problem of legal qualification of a new institution of Russian law – debt restructuring in a personal bankruptcy case. The author sets a goal to determine the scope of problems emerging in examination of a question of legal nature of the debt restructuring plan, and proposes ways of their possible solution. The research covers question such as correlation between the restructuring plan and other categories of the institution of personal insolvency, presence of elements of a deal in the restructuring plan, essence of debt restructuring, as well as court’s role in personal debt restructuring. The empirical base of this research includes materials from case law of both, lower and higher courts. The scientific novelty of this work consists in the approach towards definition of the essence of restructuring plan that is principally different from other versions in literature, namely the qualification of the restructuring plan as a legal claim, rather than a civil law deal. The author advances a concept, according to which the obligations on debt restructuring stem from a court order, rendered in response to demands of parties (or party) in a personal a bankruptcy case expressed by presentation of restructuring plan to the court. Based on this concept, legal practitioners intending to argue a restructuring plan, are recommended to file an appeal for court order on confirmation of restructuring plan, or with a motion on its annulment by the court, rather than with a request to find the restructuring plan an invalid deal.

DOI: 10.7256/2454-0706.2020.5.32971

Abstract: The subject of this research is the legal definition of the concept of “unfair competition” established by the Federal Law “On Protection of Competition”. The goal of this research is to analyze the content of this legal definition, determine its elements, as well as assess the legal definition from the perspective of its unambiguousness and correspondence to the goal of regulation of relations pertaining to protection from unfair competition, including through the analysis of the existing views within the doctrine. The novelty of this research consists in the critical analysis of the existing within legal science approaches towards assessment of legal definition of unfair competition formulated in Russian legislation, as well as postulation of a previously undiscussed problem pertaining to establishment of such sign of unfair competition as possibility of causing losses. The conclusion is made on correspondence of the legal definition of unfair competition in the current legislation to the goals of efficient protection of competition contrary to critical assessments that are prevalent within the doctrine, as well as on the necessity to form a uniform approach of the practice towards proving the possibility of inflicting losses as a sign of unfair competition.

DOI: 10.7256/2454-0706.2020.5.32923

Abstract: This article analyses the multistakeholder model in the Internet governance, as well as its definition on the international level and within the doctrine. The goal consists in determining the importance and the role of participation of multiple stakeholders in the context of Internet governance, and its correlation to the interstate approach in international law. The multistakeholder model is predominantly examined as participation of the subjects of international law and private entities in Internet governance. The subject of the research is the provisions of the outcome documents of the World Summit on the Information Society, resolutions of the UN General Assembly and other bodies of the UN system, provisions of acts of other international organizations that are dedicated to development of public policy in the area of Internet governance, as well as doctrinal sources covering history of the question. The scientific novelty lies in determination of correlation of the participation of interested parties in Internet governance. It is noted that in the practice of Internet governance there are two clear approaches for implementation of this model: ran by states and international organizations, or one that is ran by private entities. The international legal acts reflect the former approach towards implementation of this model. In accordance with this approach, Internet governance activities consist in consultation of state with private entities, allowing private entities as observers, or creation of public-private partnerships aimed at solution of global issues. The leading role of the private sector is promoted by the United States and several other Western nations as an alternative to interstate multilateral approach, which contradicts the international legal acts, since the leading role in ICANN is delegated to private entities, rather than states.