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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 08/2021
Contents of Issue № 08/2021
Questions of current interest
Ryzhkova E.A., Ryzhkova E.K. - Relevant issues of legal regulation of the digital revolution pp. 1-10

DOI:
10.25136/2409-7136.2021.8.36152

Abstract: The advancement of information technologies, change of expectations and consumer habits, as well as transformation of the social, economic, and political situation in the world entailed infiltration of digital technologies into all spheres of social life. Due to the need for the development of adequate legal regulation of relations arising in the digital sphere, determination of the limits and capabilities of artificial intelligence used for solution of versatile issues, the author highlights the priority direction for the development of law and its theoretical framework and practical aspects in the technologically advanced countries of the world. The progress of information technologies contributed to the development of law, having established its new institution of digital law. However, the essence of digital law is currently being reduced to regulating the new digital form of previous relations. The revolutionary achievement of digital law became the institution of artificial intelligence. The novelty of this research is lies in the statement that the achievements of digital technologies and transformations caused by them have received the name of the “third industrial revolution”, and usually, the revolutionary achievements find their legislative consolidation. Development and implementation of new technologies require their thorough regulation, namely with regards to formulation of concepts, criteria, and the subject matter. The development of the Institution of artificial intelligence actualizes the question of the parties to digital relations. Thus, the issues united by the concept of “digital law” do not fully reflect its essence and do not foresee the upcoming changes.
Договор и обязательства
Gorokhova S.S. - On certain organizational-legal aspects on the market of state (municipal) and corporate procurement in the Russian Federation pp. 11-27

DOI:
10.25136/2409-7136.2021.8.36143

Abstract: The subject of this research is the relevant situation on the market of state (municipal) and corporate procurement, including the key indicators in the sphere planning government orders, stages of selecting suppliers (contractor or executive), conclusion and execution of contracts, as well as monitoring all stages of procurement procedures and detection of legislative violations. Attention is given to the specificity of application of certain provisions of the Federal Law “On the Contractual System of Procurement of Goods and Services for Fulfilling the Needs of the Country” and Federal Law No. 223-FZ “On Procurement of Goods and Services by Certain Types of Legal Entities". The conclusion is made that the sector of state and corporate procurements involves the budgetary funds of all levels, which are about 1/3 of the country’s GDP. At the same time, the current of system of state and corporate procurement is characterized by prevalence of noncompetitive procurement; consistent level of competition; low level of confidence of the marker actors in the system of state and corporate procurement. As a result, the contractual system does not fully contribute to ensuring the economic growth of the country. One of the deterrents for enhancing the functionality of the state and corporate procurement system is the concentration of efforts on improving the contractual system of procurement procedures, rather than achieving the effectiveness of procurement and ensuring due quality of goods and services, as well as the complexity and instability of legislation on procurement.
Экологическое и земельное право
Kozhokar' I.P. - On the relevance of improving legal regulation of the turnover of shares in the right of common ownership of the agricultural land plots from pp. 28-37

DOI:
10.25136/2409-7136.2021.8.36231

Abstract: This article explores the problem of regulation of the turnover of shares in the right of common ownership of land plots of agricultural designation. The author substantiates the relevance of improving the current legislation, first and foremost due to annual increase in the number of unclaimed shares of agricultural lands and the impossibility of their use in civil circulation. Analysis is conducted on the existing procedure of recognizing the land shares unclaimed and their transfer to municipal ownership, indicating its inefficiency. The article considers a proposal on the amendment of civil and land legislation with regards to simplification of the grounds for transferring such objects to municipal ownership via their possible recognition as unowned property, changing the procedure for transferring such shares to municipal ownership, as well as specifying the grounds for terminating the ownership right of the subjects to unclaimed land shares in the right of common ownership of land plots of agricultural designation. The article analyzes criticism of the experts towards such initiative, objections against possible application of the Article 225 of the Civil Code of the Russian Federation to subjective rights, since it contradicts the existing concept that allows usage of rules on acquisition of the unowned property only to physical objects, as well as potential extension of the rules on terminating the property ownership. which cannot belong to an individual, in cases when the share holder in the right of common ownership on the unleased land plot of agricultural designation, would not allocate a plot assigned to him within a certain period of time.
Law and order
Sidorenko E.L., Khalizeva E.A. - The system of offences related to illicit circulation of digital securities in Russia pp. 38-50

DOI:
10.25136/2409-7136.2021.8.36234

Abstract:  This article is dedicated to the analysis of the system of offences related to the illicit circulation of digital securities in the Russian Federation. Special attention is given to the peculiarities of the mechanism of constructing the system of offences in the sphere of digital economy. The article analyzes the basic FATF acts pertinent to digital assets; examines the alarm signals in using such assets to launder proceeds acquired by illegal means or used to finance terrorism. The author reviews recommendations on application of risk-based approach in the process of creating due legal regulation of digital assets in the FATF member-states (including Russia). As a research task, the article aims to determine which acts associated with the illicit circulation of digital securities are the subjected to criminalization, as well as the composition of these offences considering the technological aspect of the mixed (economic and technological) nature of such assets. The corresponding draft federal laws “On the Amendments to the Criminal Code of the Russian Federation” and “On the Amendments to the Code of the Russian Federation on Administrative Offenses”, developed by the Ministry of Finances of the Russian Federation, comprise the legislative normative framework for this research. The conclusion is made on the reception (accounting) of recommendations for further development of such regulation in the Russian Federation. 
Questions of current interest
Iakovleva-Chernysheva A.I., Druzhinina A.V. - Legal regulation of digitalization processes in the Russian Federation: civil law aspect pp. 51-62

DOI:
10.25136/2409-7136.2021.8.36270

Abstract: The subject of this research is the trends and problems in the development of civil legislation within the framework of legal regulation of digitalization processes in the Russian Federation. The goal of this article lies in comprehensive examination and disclosure of the legal essence of the concept of digital rights as an object of civil rights, introduced into the Russian legislation within the framework of legal regulation of digitalization processes. The research methodology employs systematic approach, general scientific and special methods of legal science – formal-legal, interpretation of law, etc. For achieving the set goal, the author explores the prerequisites for the development of civil law provision pf digitalization processes; analyzes the novelties of civil legislation pertinent to implementation of various types of digital rights into civil discourse; studies the legal essence of digital rights; determine the ratio between digital rights and equity securities within the civil discourse. The scientific novelty lies in revealing the legal essence of digital rights as a special concept uses in civil law ; systematic analysis of the utilitarian digital rights and digital financial assets that  encompass all types of digital rights in the current Russian legislation; substantiation of the fact that property rights in their extensive interpretation used in legal science and case law are the generic concept of digital rights; outlining that the content and conditions for exercising digital rights are determined conformity with the rules of the information system that meets the criteria established by law; examination and explanation of interrelation between different types of digital financial assets and equity securities in the civil discourse. The acquired results can be applied in further research of civil law regulation of digitalization processes, in teaching civil law disciplines in the higher school.
Lolaeva A.S., Sakaeva K.U. - Artificial intelligence: legal and ethical aspects pp. 63-71

DOI:
10.25136/2409-7136.2021.8.36306

Abstract: Ethical norms and the law are indispensably linked in the modern society. The adoption of major legal decisions is affected by various ethical rules. Artificial intelligence transforms the indicated problems into a new dimension. The systems that use artificial intelligence are becoming more autonomous by complexity of the tasks they accomplish, and their potential implications on the external environment. This diminishes the human ability to comprehend, predict, and control their activity. People usually underestimate the actual level of the autonomy of such systems. It is underlined that the machines based on artificial intelligence can learn from the own experience, and perform actions that are not meant by the developers. This leads to certain ethical and legal difficulties that are discussed in this article. In view of the specificity of artificial intelligence, the author makes suggestions on the direct responsibility of particular systems. Based on this logic, there are no fundamental reasons that prevent the autonomous should be held legally accountable for their actions. However, the question on the need or advisability to impose such type of responsibility (at the present stage specifically) remains open. This is partially due to the ethical issues listed above. It might be more effective to hold programmers or users of the autonomous systems accountable for the actions of these systems. However, it may decelerate innovations. This is namely why there is a need to find a perfect balance.
State institutions and legal systems
Krivosheev E. - Constitutional-legal conditions for application of international treaties of the Russian Federation pp. 72-83

DOI:
10.25136/2409-7136.2021.8.35842

Abstract: This article discusses the questions of application of international treaties concluded on behalf of the Russian Federation, the Government of the Russian Federation, federal executive branches, or authorized organizations. The subject of this research is the constitutional norms of the Russian Federation and other normative legal acts that regulate the procedure for concluding, executing and terminating the international treaties of the Russian Federation, legal provisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as scientific works on the topic. Special attention is given to the analysis of the constitutional principle that the international treaties of the Russian Federation are part of the legal system of the country. The author reveals the gaps in the current legislation of the Russian Federation specifying the constitutional provisions on the conditions for application of international treaties in the Russian Federation. It is established that the 2020 constitutional reform has improved the mechanism for protecting state sovereignty, and led to formulation of the constitutional-legal condition for application of the decisions of intergovernmental bodies adopted based on the provisions of international treaties of the Russian Federation. The article makes recommendations for the improvement of constitutional-legal regulation of application of international treaties of the Russian Federation. The conclusion is drawn on the existence of mandatory (compliance of the international treaty with the Constitution of the Russian Federation, its formalization, enactment, and consent to its universal binding), as well as optional (publication of domestic acts for application of the international treaty) constitutional-legal conditions for application of international treaties of the Russian Federation.
Transformation of legal systems
Paukova Y.V., Popov K.V. - Digital Transformation of the procedure for bringing foreign citizens to administrative responsibility pp. 84-97

DOI:
10.25136/2409-7136.2021.8.34955

Abstract:  The subject of this research is the procedure for imposing administrative fine on foreign citizens and stateless persons, with or without administrative expulsion. The object of this research is the public relations that arise in the process of bringing the indicated persons to administrative responsibility. The goal consists in formulation of the proposals aimed at amendment of the procedure for bringing foreign citizens and stateless persons to administrative responsibility in the Russian Federation in the conditions of digitalization of government actions. Recommendation is made to amend the procedure for bringing to administrative responsibility in case of violating the migration legislation of the Russian Federation. Considering the proactive approach of the government towards digitalization of the migration sphere, the author offers the development and implementation of the “Automated Information System for Migration Control”, which would acquire the personal records of a migrant (identity, marital status, fact of committing an offence, or other information affecting the imposition of penalty) from other automated information systems. The article substantiates the need for bringing foreign citizens to administrative responsibility by the internal affairs officials based on the suggestions of the indicated system, formed using the artificial intelligence technologies, namely machine learning. The author offers to implement the rating that in the instance of imposing administrative fine would allow calculating a specific amount, or in the instance of administrative expulsion –the accurate time limit for closing entry. Transformation of the procedure for bringing to administrative responsibility would lead to more equitable court decisions, eliminate the possibility of selecting the norm by an official at his own discretion, and reduce the burden on the courts. 
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