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MAIN PAGE > Journal "Legal Studies" > Contents of Issue 08/2020
Contents of Issue 08/2020
JUDICIAL POWER
Makarenko N.N. - Settlement and other results of the procedure of judicial conciliation pp. 1-11

DOI:
10.25136/2409-7136.2020.8.33745

Abstract: This article is dedicated to the question of the essence of a settlement within the framework of judicial conciliation procedure. The issue is being explored from comparative perspective, where the essence of a settlement within the framework of judicial conciliation procedure is compared to the essence of a similar institution in terms of mediation procedure. The work examines legal precedent and doctrinal opinions of experts on the issues of legal essence of judicial conciliation as ones established by judicial and non-judicial procedure of conciliation. The author highlights the key aspect of the procedure of judicial conciliation in relation to reaching a settlement, including the rights and obligations of the parties to the process from one side, and the court on the other. The conclusion is made that the legal nature of settlement represents a mixture, comprised of elements of material (civil law), as well as procedural (civil procedure) law. A claim is made that within the framework of the judicial conciliation procedure, the legal nature of a settlement contains more procedural law elements than that of mediation procedure, which is explained by the broader authority of the court and correlating reduced authority of the parties than in terms of a mediation procedure.
Questions of current interest
ermakova i.v. - Development of contextual advertising in the conditions of network economy: relevant questions of legal theory and practice pp. 12-29

DOI:
10.25136/2409-7136.2020.8.33902

Abstract: The subject of this research is the legal norms aimed at legal regulation of relations in the field of contextual advertising on the Internet. The object of this research is the public relations emerging in the process of creation, placement and consumption of contextual advertising. The author examines such question as the general concept of advertising and its legal definition, as well as essence, characteristics and legal regulation of contextual advertising. Special attention is given to protection of exclusive rights with regards to means of individualization in the process of arrangement of contextual advertising using the keywords, including trademarks and commercial designations, as well as mechanism for the protection of an infringed right and liability the corresponding infringement. The novelty of this work consists in determination of the existing approaches of courts and the Federal Antimonopoly Service of the Russian Federation applicable to the concept, definition and relevant issues of legal regulation of contextual advertising, including the questions of infringement of exclusive rights for means of individualization in arrangement of contextual advertising, which ultimately resulted in development of original approach towards definition of the concept of “contextual advertising”. The author resumes and concludes on the need for legislative consolidation of legal definition of the concept of “contextual advertising” with an indication of corresponding formulation.
Dubovik O.L. - Criminal law and environmental protection: real potential and limited capabilities in the context of modern environmental crises pp. 30-38

DOI:
10.25136/2409-7136.2020.8.33844

Abstract: Environmental crimes statistically comprise an insignificant portion in overall crime structure, based on the number of reported cases and settled cases; the level of their latency remains high. The traditional types of offences, such as unlawful logging, hunting, extraction of water bio resources, prevail within the Russian registered cases of environmental crime, although their latency is undoubted. The vast majority of instances of criminal environmental pollution (water, atmosphere, marine environment, soil), violations of rules in handling environmentally hazardous substances and waste are not recorded, and thus do not receive due legal assessment. Currently, there is a wide variety of threats to the environment, environmental rights and interests, life and health, public and territorial security, which are complex in their structure, causes, consequences, and dynamics, and often interrelated with other social and economic factors. Among most urgent and large-scale threats, the author determines climate change, world ocean waters pollution, decline in biodiversity, wildfires, and in the long view – pollution of near-earth space environment. Environmental experts actively discuss the means for preventing such threats, including legal ones. Criminal law should also contribute to this activity.
Questions of current interest
Polikarpova I.V., Zaitseva O.V. - Preventive law: concept, structure and content pp. 39-50

DOI:
10.25136/2409-7136.2020.8.34081

Abstract: The subject of this research is the federal and regional legislation that regulate preventive activity of law enforcement agencies, monographic studies of the leading Russian criminologists, as well as scientific publications discussing the concept, structure and content of preventive law. The object of this research is social relations formed in the process of implementation of norms that regulate the activity on crime prevention. The goal consists in examination of the content of preventive law for the explicating the detailed structure of this branch of legislation. This article is first within the national criminology to propose an original perspective on the preventive law as an independent branch of legislation. Based on the analysis of normative sources regulating the activity in the area of prevention of offences, the author determines the criteria for their classification:  1) by legal force, 2) by territorial scope of actions, 3) by subject of legal regulation, 4) depending on the role in legal regulation. The conclusion is substantiated on the need to systematize preventive law in form of a codified normative act – the Code on Prevention of Offenses in the Russian Federation, which should be aimed only at preventive regulation. The structure of this code is offered. In the authors’ opinion, the system of preventive law is a unified legal complex consisting of legislation of the Russian Federation, its constituent entities, as well as normative bylaws that regulate preventive legal relations that emerge prior to commission of offense, and for determination and elimination of the factors that conduce commission of offenses, as well as have educational impact upon persons in order to prevent commission of offenses or antisocial behavior.
Chugunova K.Y. - Peculiarities of property management of subsidiary companies established by the joint-stock companies with state participation (on the example of Russian Railways JSC) pp. 51-61

DOI:
10.25136/2409-7136.2020.8.33847

Abstract: The relevance of this topic is substantiated by the insufficient coverage within scientific literature of the questions of legal regime of property of subsidiary companies with state participation in share capital, and management of state property transferred to such economic entities. The majority of research on the topic of property management of legal entities with state participation is structured through the prism of the efficiency of usage of state property, leaving outside the scope property sphere of subsidiary companies, which is also of considerable interest. The object of this article is the process of property management in the joint-stock companies with state participation, while the subject is the relations between the state-owned joint-stock company and its subsidiaries in the property sphere. Special attention is given to the practice of “Russian Railways” JSC (100% of which belongs to the Russian Federation) that is one of the largest private owners of real estate in Russia , and consolidates significant volume of money, shares and other movable property, which makes “Russian Railways” JSC and its subsidiary companies a fruitful ground for studying the topic at hand. The article underlines the need for identification of boundaries of the corporate and economic control of the parent company over its subsidiary, the absence of which in the current legislation can lead to a relative property autonomy of the subsidiaries of large joint-stock companies with state participation. Therefore, the author proposes mechanisms for improvement of legislation.
Gorian E. - National approaches towards implementation of artificial intelligence: Singapores experience pp. 62-73

DOI:
10.25136/2409-7136.2020.8.33919

Abstract: The object of this research is the relations in the area of implementation of artificial intelligence technologies. The subject of this research is the normative documents of Singapore that establish requirements towards development and application of artificial intelligence technologies. The article determines the peculiarities of Singaporean approach towards regulation of relations in the indicated sphere. Characteristic is given to the national initiative and circle of actors involved in the development and realization of normative provisions with regards to implementation of digital technologies. The author explores the aspects of private public partnership, defines the role of government in regulation of relation, as well as gives special attention to the question of ensuring personal data protection used by the artificial intelligence technologies. Positive practices that can be utilized in Russian strategy for the development of artificial intelligence are described. Singapore applies the self-regulation approach towards the processes of implementation of artificial intelligence technologies, defining the backbone role of the government, establishing common goals, and involving representative of private sector and general public. Moreover, the government acts as the guarantor of meeting the interests of private sector by creating an attractive investment regime and citizens, setting strict requirements with regards to data usage and control over the artificial intelligence technologies. A distinguishing feature of Singaporean approach consists in determination of the priority sectors of economy and instruments of ensuring systematicity in implementation of artificial intelligence. Singapore efficiently uses its demographic and economic peculiarities for proliferation of the technologies of artificial intelligence in Asian Region; the developed and successfully tested on the national level model of artificial intelligence management received worldwide recognition and application. Turning Singapore into the international center of artificial intelligence is also instigated by the improvement of legal regime with simultaneous facilitation in the sphere of intellectual property. These specificities should be taken into account by the Russian authors of national strategy for the development of artificial intelligence.
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