DOI: 10.7256/2454-0706.2021.8.35998

Abstract: The subject of this research is the contractual (business) networks and their impact upon consumer well-being from the perspective of current legal regulation and prospects. As an example, the author chose an Italian model il contratto di rete. Attention is focused on such questions associated with the activity of contractual networks as the advantages for the companies that are part of the network with or without legal capacity; consumers; the so-called “beneficiary members”, who are not the parties to the network creation agreement, but may have benefits or costs from interaction of its members. The novelty of this research consists in determination of the advantages and disadvantages of the activity if contractual networks. It is also noted that the current trend towards creating business networks on a contractual basis (legal entity or contract) is carried out in terms of complementarity and economic autonomy for the purpose of obtaining competitive advantages by increasing productivity, innovation potential, profitability, etc., and raises issues on the liability with regards to binding results of network cooperation through creating a special form of their secondary impact upon the beneficiary members.

DOI: 10.7256/2454-0706.2021.8.35531

Abstract: This article analyzes the emergence of the phenomenon of suicidal communities in the Russian cyberspace from the perspective of the widespread in modern criminology theory of routine actions. The relevance of the selected topic is substantiated by the fact that despite a variety of studies dedicated to “death groups”, the problems associated with encouraging or assisting suicide using the Internet platforms are not fully covered in the view of criminological science. At the same time, there is urgent need for criminological research of this phenomenon due to the qualitative transformation of criminality – use of the Internet platforms for inflicting harm to human life and health without direct physical and psychological abuse is a distinguishing feature of the modern world. The subject of this research is the key concepts of the theory of routine actions (“motivated criminal”, “potential victim”, “no external control”) applicable to the problem under review. The author explores certain psychological and cultural aspects that characterize the modern younger generation (increased engagement in social media, more tolerant perception). It is concluded that criminalization of relationships developing between people in social media naturally increased criminality due to the emergence of new ways of communication in modern world. The author believes that the effective method to minimize the category of such type of crimes consists in promotion of the state policy aimed at improvement of psychological health of the population.

DOI: 10.7256/2454-0706.2021.8.36144

Abstract: The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.

DOI: 10.7256/2454-0706.2021.8.36212

Abstract: The subject of this research is the problems caused by the absence of explicit regulations in the criminal procedure law on the rules for establishing facts by the courts necessary for decision-making, as well as recommendations for their solution. These problems include thee difficulties in determining the proper and acceptable procedural behavior of the court and the parties to criminal proceedings in pretrial stages, intricacies of making a procedural court decision in cases of failure of proof, ambivalence of the court's approaches demonstrated by the legislator and the highest judicial bodies (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation ) pertinent to regulation of judicial activity in pre-trial stages, etc. Special attention is turned to the procedure of establishing facts by the court in pretrial stages in view of the special legal and social significance of the procedural decisions made by the court, which restrict the constitutional rights of the citizens and require most full guarantees of their justness. The result of the conducted research is reflected in the author’s recommendations for solution of the indicated issues. The conclusions lies in theoretical provisions on the possible legislative approaches towards determining the judicial activity in pre-trial proceedings based on the following principles: personalization (differentiation of the form depending on procedural status of the actors), simplification (no excessive formalization), variability (presence of several variants of the procedure, the application of which depends on the procedural situation and the purpose of activity of the court), application of actions regulate by the Criminal Procedure Code among other procedural acts available to the court and parties to the court hearing.

DOI: 10.7256/2454-0706.2021.8.36097

Abstract: The COVID-19 pandemic, which commenced in 2020 and continues into 2021, called on the world re-evaluate many ordinary phenomena, including the impact on the international law, and namely international responsibility. The unprecedented scale of the problem, worldwide lockdown, as well as global deceleration of virtually all processes have led the experts, politicians and regular persons to seek the answer the question of whether anyone should be held responsible for what has happened. This article dwells on whether it is possible to bring the country to international responsibility for the spread of a mass disease relying on the theoretical and practical aspects of the branch of international responsibility. Unlike the foreign expert community with a dynamic discussion of implementation of responsibility for the pandemic, the Russian doctrine has not conducted similar analysis. Certain public political figures openly blamed China for the outbreak of COVID-19 pandemic, referring to the fact that it originated in the Chinese province Wuhan. The United States have initiated lawsuits against China and Chinese government over the pandemic. It is of utmost importance to analyze the legitimacy of such articulation of the question is, and what the evidence base should be in such cases. In this regard, the analysis of the theoretical prerequisites and feasibility for bringing the countries to international responsibility for the spread of mass diseases have a crucial scientific and practical significance.

DOI: 10.7256/2454-0706.2021.8.36200

Abstract: This research is dedicated to determination of legal mechanisms for protection of the rights of minors and ensuring their security on the Internet. Analysis is conducted on the frameworks documents and recommendations of international organizations aimed at ensuring security of minors on the Internet, as well as the domestic framework documents and normative acts on the subject matter. The relevance of this topic is substantiated by the new trends in the process of providing safe information content to minors on the international level, as well as the need for implementation of the proposed recommendations and use of the developed mechanisms in the Russian Federation. The author outlines the new trends in legal policy associated with ensuring security of minors in the online space. They are justified by the supranational nature of the Internet and impossibility to solve the problem of security autonomously within the single country. The novelty of this research consists in determination of the key issues of current domestic legal framework, as well as in actualization of modern mechanisms for ensuring information security of minors on the Internet considering the global experience. The conclusion is made on the need to develop and adopt the new strategy of Information security of minors, which would reflect the entirety of principles essential for ensuring security of minors in the online space. The authors propose to perpetuate the legal instruments and measures that have proven effective and produce positive results in compliance with requirements of information security of minors. At the same time, the basic principles established in the current policy documents of should be extended by the main promising trends outlined in the article.

DOI: 10.7256/2454-0706.2021.8.11215

Abstract: This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.