Legal Studies - rubric Questions of current interest
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MAIN PAGE > Journal "Legal Studies" > Rubric "Questions of current interest"
Questions of current interest
kozhevnikov o.a. - Disputable issues of formation of judicial practice in the field of protection of competition by the Supreme Court of the Russian Federation pp. 1-8

DOI:
10.7256/2409-7136.2016.5.18940

Abstract: The research subject is the analysis of legislation interpretation by the Supreme Court of the Russian Federation for the purpose of ensuring the legality regime in the Russian Federation by means of maintaining the unanimity of interpretation and application of legal provisions by courts. The author analyzes the judicial practice of the Supreme Court and the Constitutional Court of the Russian Federation. The article studies the issues of correspondence of judicial practices of the Supreme and the Constitutional Courts using the example of protection of competition and antimonopoly legislation. The author applies general and special scientific research methods, including the historical-legal, the system, the comparative-legal, the statistical, the formal-logical and other methods. The author reveals disputable issues of the interpretation of judicial practice in protection of competition by the Supreme Court. The author supposes that the development and introduction of interpretations of the Supreme Court in the judicial practice should be more accurate, in order to avoid the formation of a contradictory practice by the subordinate courts ignoring legal positions of the Constitutional Court of the Russian Federation. 
Kuznetsova N.G. - Legal Status of the Aggregator of Information about Goods (Services, Works, Digital Content) and its Pre-Contractual Duties pp. 1-15

DOI:
10.25136/2409-7136.2018.3.25508

Abstract: The article is devoted to the problem of the legal status of the aggregator of information about goods (services, works, digital content). The author of the article examines the draft law and amendments thereto that regulate the definition of the aggregator of information about goods (services), its pre-contractual duties and responsibility before consumers. The author also focuses on the role of the aggregator at the pre-contractual stage. The author analyzes whether it is possible to impose other pre-contractual duties on aggregators such as submission of necessary information and the degree of their responsibility before consumers. In her research Kuznetsova uses such methods of research as analysis and synthesis, induction and deduction, formal law method, analysis and generalization of legal materials, and legal forecasting. The author of the article gives a fuller definition of the aggregator as it is set forth by the draft law and extends the scope of the activity of aggregators so that the scope includes not only goods and services but also works and digital content. In the course of her research Kuznetsova analyzes the experience of the foreign states, in particular, that of the European Union. The author offers a list of pre-contractual duties beared by the aggregator before consumers. These duties regulate the right of consumers to information protection as well as the degree of responsibility of the aggregator. The author also gives recommendations regulating the activity of the aggregator of information about goods (services, works, digital content) at the pre-contractual stage.
Morkhat P.M. - Concerning the Question about the Legal Personality of Electronic Person pp. 1-8

DOI:
10.25136/2409-7136.2018.4.25647

Abstract: The subject of the research is the analysis of the legal personality of a new entity, electronic person. Morkhat provides current definitions of electronic person including those offered by the foreign scientists. The author of the article underlines the importance of developing the Russian law that would regulate the electronic person (artificial intellect) issue. The author analyzes the legal consolidation of The Commission of the European Parliament for Civil Regulation in the Field of Robotechnics. Indeed, we should not forget about the risks when we encourage the development of the human civilization through the means of technical regulation and try to create robots with artificial intellect that would serve the humanity. In this research Morkhat has used the method of materialist dialectic, structured system analysis, functional analysis, comparison, formal logic, comparative law, technical law and logical method. According to theauthor, growing independence of robots with artificial intellect would require to review a whole range of reference legal structures and even reference branches or institutions of law (legal responsibility regime, taxation regime, regulation of accountability and reporting, regulation of intellecltual property rights, e-commerce regime or so called trade bots, electronic person protection regime, etc.).
Morkhat P.M. - Smart Contracts and Artificial Intelligence: Civil Right Perspective pp. 1-6

DOI:
10.25136/2409-7136.2018.5.26124

Abstract: The article is devoted to the definition of the term 'smart contract' and how it is used by civil law. The idea of smart contracts was created in 1994 by Nick Szabo who defined it as a computer protocol of transaction that is made to faciliate a performance of a contract. The blockchain is a limited form of a smart contract. Today the technology of distributed ledgers (including bitcoin blockchain) have revived smart contracts and have made them applicable again. Smart contracts is a next step in developing the blockchain technology  allowing an automatic performance of a contract after parties come to agreement. It implies remote, full and quick performance of contractual obligations. In this research Morkhat has used such methods as analysis, comparison, analysis of the history of creation and development of the term, and legal expirement. Smart contracts, in fact, are not that 'smart' in terms of artificial intelligence. Generally speaking, the term 'smart contract' does not necessarily mean attribution to artificial intelligence technologies. However, there are certain points where these technologies interact. Recent findings in the field of crypto currency and smart contracts create new opportunities for using artificial intelligence methods. These economic technologies stand to gain from deeper knowledge and analysis because they will be integrated in everyday trade. Crypto currency and smart contracts can also provide infrastructure for artificial intelligence systems conforming to legal standards and safety regulations as they integrate more and more in a human society. 
Den D. - Application of Anti-Dumping Measures That May Be Needed in the Process of Organizing Tenders for State and Municipal Needs pp. 1-8

DOI:
10.25136/2409-7136.2018.8.26837

Abstract: The present article is devoted to the analysis of legal and economic reasons of unbiased reduction of the initial contract price by tender participants. The object of the research is the social relations that may arise during application of security measures in the process of establishing agreements between participants in order to conclude a civil law contract for the interests of public-law entities. The subject of the research is the standards that regulate the procedure for applying anti-dumping measures during auctions and tenders organized for state and municipal needs. The methodological basis of the research implies a set of general and special research methods. In the course of the research the author has applied the dialectical method, systems approach and comparative law method. The author concludes that dumping is the mean of unfair competition of state procurement participants. The author carries out an analysis of law enforcement practice of the Federal Antimonopoly Service of Russia that relates to violations of laws regulating the procedure of application of anti-dumping measures during tenders. As a conclusion of the research, the author makes legal and technical recommendations that may allow to avoid unbiased decrease of initial price by dishonest suppliers. 
Bakhteev D.V. - Risks and Ethical-Legal Models of Using Artificial Intelligence Systems pp. 1-11

DOI:
10.25136/2409-7136.2019.11.31333

Abstract: The matter under research of the legal patterns of interaction between the society and individuals and artificial intelligence technologies. Elements of the matter under research is the technological grounds for functioning of artificial intelligence systems, potential risks and negative consequences of using this technology based on the example of intellectual processing personal data and autonomous vehicles and weapon systems, ethical and legal approaches to its regulation. Bakhteev analyzes approaches to describing positions of artificial intelligence systems and whether these systems have personalities and thus certain rights. The research is based on the method of modelling that is used to describe stages of ethical-legal research of artificial intelligence technology. The author also describes different kinds of responses of the society to the development of the aforesaid technology. The main conclusions of the research is the description of stages of artificial intelligence studies, in particular, analysis of the technology itself, associated risks and responses of the society and creation of ethical and then legal grounds for regulation of this technology. The author gives the results of the analysis of possible ethical-legal models of subjectivity of artificial intelligence systems from the point of view of the need and possibility to grant them certain rights. These models include instrumental, tolerant, xenophobic and empathetic. The author also states the main provisions of the code of ethics for developer and user of artificial intelligence systems. 
Gorokhova S.S. - Identification of artificial intelligence systems in legal field: the fundamentals of cyber law pp. 1-11

DOI:
10.25136/2409-7136.2020.6.33419

Abstract: The subject of this article is the social relations established in the process of scientific and technological development in IT sphere that support the work of artificial intelligence systems and relate to scientific discussion on the role of artificial intelligence, robots and objects of robotics in the legal field. The author examines the relevant questions of identification of artificial intelligence systems as a subject, object or other legal phenomenon within the structure of legal relations. The research problem consists in the fact outstripping that the scientific-technological progress outstripped legal regulation of interaction between an individual, society and artificial intelligence, which justifies the need for creation a cyber-law theory. The opinions on the matter in foreign and national literature are analyzed. The article outlines the trends and prospects of implementation of artificial intelligence in various social and economic spheres; determines the contrast of opinions regarding the problems of identification of artificial intelligence systems, as well as incorporation of artificial intelligence into the established legal reality. The author presents and substantiates an original conceptual version of inclusion of artificial intelligence into the legal field, based on the principle of assignment of partial legal capacity to strong and super strong artificial intelligence. The positions on legal responsibility in relations complicated by the presence of artificial intelligence are defined.
Dementyeva A.A. - Relevant issues of conducting verification of reports on illegal banking operations pp. 1-8

DOI:
10.25136/2409-7136.2021.10.36539

Abstract: This article is dedicated to the issues of conducting audit pursuant to the Article 144 of the Criminal Procedure Code of the Russian Federation on report of crimes established by the Article 172 of the Criminal Code of the Russian Federation. Methodological framework for this research consists of dialectical, logical, and formal-legal methods; the normative framework is comprised of the Constitution of the Russian Federation, criminal and criminal procedure legislation of the Russian Federation, local normative acts that regulate the conduct of audit initiating at the stage of initiating a criminal case. Major attention is turned to the theoretical and applied issues associated with the initiation of criminal cases stipulated by the Article 172 of the Criminal Code of the Russian Federation. Analysis is conducted on the peculiarities of seizure of objects and documents on this category of crime; as well as on the goals, tasks, methods of seizure, and admissible procedural actions. The author examines the questions of admissibility of evidence received at the state of opening a criminal case, their role in subsequent stages of criminal proceedings. Assessment is given to the existing theoretical and practical views on the possibility of instituting a search and seizure prior to opening a criminal case. The author analyzes case law on the topic, and concludes on the need for further amendments. The importance of observing the rights and legitimate interests of individuals and companies in the course of pre-trial proceedings pertinent to the reports of illegal banking operations is substantiated. The author also indicates that arbitrary interference of law enforcement agencies in legitimate business activity is unacceptable.  
Belikova K.M. - Study of the Impact of the created in the conditions of network economy digital platforms (marketplaces) upon the consumer markets and competition law pp. 1-19

DOI:
10.25136/2409-7136.2021.6.35784

Abstract: This article examines the impact of digital platforms (marketplaces) created in the conditions of network economy in its new “center–periphery” configuration upon the consumer markets and provisions of competition law applicable to digital markets, using the experience of foreign countries (Germany, Asia, Latin America, etc.) and integration associations (the European Union), including from the perspective of new law enforcement (judicial) practice, based on the fact that its knowledge allows successful resolution of the essential problems of legal regulation in the Russian Federation. Attention is given to such aspects of the activity of digital platforms  (Amazon, Apple, Facebook, Google etc.), as the dependence of their market influence on the network effects associated with utilization of the user data, supported by market practices, such as vertical integration and amalgamation of companies that are capable of reducing market competition. Assessment is given to the degree of readiness of the countries and their associations to operate in the conditions of digital platforms. The relevance, theoretical and practical importance of this research are substantiated by the emergence of new competitive practices (digital platforms) that can influence the competition. The author concludes that due to the “network effect”, digital platforms have an inexhaustible range of capabilities for acquisition of the dominant position on the market and its abuse. These include the formation of consumer groups of targeted advertising and sales of their services; as well as setting personalized prices based on determination of the readiness and limit of individual payment; and usage of data on the products of vendors on their platform to score an advantage in selling their products, etc.
Belikova K.M. - Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad pp. 1-28

DOI:
10.25136/2409-7136.2021.7.35869

Abstract: The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).
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.
Danilov I. - The Main Approaches to Legal Regulation of Relations that Involve the Use of Robots pp. 7-15

DOI:
10.25136/2409-7136.2019.6.29150

Abstract: The article is devoted to the main challenges and issues that can be found in the laws on robotics as part of the Russian legal doctrine. Danilov analyzes the main approaches to legal regulation of social relations that involve the use of robots as these approaches are described in Russian and foreign academic literature. Theoretical views of Russian and foreign scientists on perspective concepts in legal regulation of robotics are classified and represented in the form of theoretical models. The researcher proves the rationality of these models and describe their advantages and disadvantages. Danilov presents the concept of limited legal capacity and competence of robots. Danilov defines the borders of legal capacity, competence and tort capacity. The methodological basis of the research includes dialectical and comparative law methods. In particular, application of the dialectical method has allowed to analyze the definition of the term 'robot' from the point of view of its origin and development. Comparative law method has ensured accurate comparison of approaches to legal regulation of relations that involve the use of robots as these approaches are described by Russian and foreign science. As aresult of the research, the author concludes that all approaches to defining the legal nature of robots as artificial intelligence bearers can be divided into three groups. The first group is based on the idea that these relations are a special object of law with special characteristics that require the development of special laws that would regulate such relations. The second approach is based on the need to declare partial legal capacity of robots limited with their tort capacity. The third concept is based on the need to extend the legal competence of artificial intelligence bearers by including the legal capacity therein. 
Savoskin A.V., Romanov A.N. - Recognition of Juridical Persons by Subjects of the Constitutional Right to Appeal pp. 8-13

DOI:
10.25136/2409-7136.2018.6.18764

Abstract: The authors of the article analyze the amendments to the Federal Law "On the order of consideration of citizens of the Russian Federation" that sets forth the rules for legal entities referring to the bodies of state power and local self-government. The role of the Constitutional Court in giving organizations the constitutional right to an appeal is discussed. The reasons for the establishment of the existing two-part complex regulatory structure "treatment of citizens' associations, including legal persons", as well as studied the problems of its use are covered. The authors also analyzed foreign legislation on the organization of appeals. The research is based on the dialectical method as the general research method and special methods such as system-structural, formal and legal, logical and comparative law analysis. The results of the research demonstrate that amendments to the Federal Law "On the order of consideration of applications of citizens of the Russian Federation" were of the forced nature and were carried out without proper scientific justification. That resulted in unrevealed concept and features of the organization as a subject of the constitutional right to an appeal. The authors of the article propose to develop a clear definition of treatment will of the organization as an association of citizens or legal persons set out in writing or formulated on a personal reception of the person authorized to represent the organization.
Dudin P.N. - The mechanism for performing tax function of the state and its reflection in the legal norms of the Peoples Republic of China and the Japanese satellites in the late 1920s mid 1930s pp. 9-24

DOI:
10.25136/2409-7136.2021.3.35144

Abstract: The subject of this research is the social relations arising in the context of performing tax function in the People’s Republic of China in the late 1920s – mid 1930s and their impact upon similar relations formed in the Chinese territories controlled by Japan in the 1930s: Manchukuo and Mengjiang. The object of this research is the tax system of the People’s Republic of China during the so-called “Nanjing decade” (1927-1937), when the Kuomintang Party headed by Chiang Kai-shek in a short time establishes control over a great part of modern China and begins the centralized policy, including in the area of tax legislation. Special attention is given to the key normative legal acts and government branches, which on the national and provincial levels perform tax function of the state. The article is the sequence of research dedicated to tax system and tax law of East Asian countries. The provisions of tax legislation of both the People’s Republic of China and Manchukuo, are introduced into the scientific discourse of legal science for the first time. The scientific novelty also consists in the comparison of legal systems of China and the Japanese satellites with regards to tax legislation and regulation of tax relations. The author comes to the conclusion that with active implementation of the Japanese model, the regulatory framework of Manchukuo and Mengjiang retained the key features of the Chinese law; but unlike the Chinese model, it was more effective.
Trofimov E.V., Metsker O.G., Paskoshev D.D. - The indicator of humanization of legal regulation: methodological study using big data of judicial practice on the cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation) pp. 9-36

DOI:
10.25136/2409-7136.2021.10.36745

Abstract: The subject of this research is the social relations that arise in terms of committing petty theft, as well as research means and methods for assessing optimization of the protective legal regulation. The author substantiates and tests the indicator of humanization of legal regulation, which is identified and used on the big data of judicial acts on administrative and criminal cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation). The research is based on the original interdisciplinary methodology, which includes indicator approach and a set of legal and computer aided techniques (dogmatic, systemic analysis, expert assessment, data mining, correlation analysis, cluster analysis, classification, regression, etc.). The author substantiates the need to view humanization of protective legal regulation in the context of balanced interests of all parties involved in the legal conflict, namely: the state (society) interested in the effective preventive function of protective legal regulation; the victim interested in compensation for the caused harm; the wrongdoer interested in imposition of fair punishment adequate in its severity to facts in the case. These interests were compared to the empirical data and knowledge extracted from the vast arrays of judicial acts, as well as the corresponding methods of research. The use of humanization indicator for big data in cases of petty theft demonstrates that administrative responsibility in general is more humane than criminal responsibility (by three out of four indicators); there is disproportionality of repression in criminal cases; the level of humanism to the victim in cases of administrative offences is extremely low; individualization of criminal penalty is lower than of administrative penalty, despite the more complicated, time and cost consuming form of criminal proceedings.
Belikova K.M. - Responsibility of scholars for engineering, development and implementation of the technologies for euthanasia: certain aspects pp. 12-24

DOI:
10.25136/2409-7136.2020.5.33276

Abstract: The subject of this research is certain aspects of responsibility of the scholars for engineering, development and implementation of the technologies for euthanasia. The author raises the questions: whom the scholar is responsible to (his conscience, future and currently living generations), for what (scientific components of his development/discovery, their application and consequences), what type of responsibility (moral, legal). The author seeks answers on the basis of studying, scientific comprehension and analysis of the developing and existing mechanism, methods, and means for euthanasia as legally permitted or prohibited in the medical establishments. The ideas underlying the support and implementation of euthanasia are examined. The scientific novelty is substantiated by articulation of the problem: responsibility of a scholar (medical personnel, etc.) with regards to the practice (ban of a number of aspects in the practice) of euthanasia on the example of legislation of the countries, in which it is allowed (was allowed) or unwelcomed. Among the formulated conclusions is the idea that any approach is based on persuasions of a person; there is not special morality, a scholar always remains a human, with all the weaknesses and strength. Namely these persuasions lead the licensed medial practitioners toward creation of technologies, means and methods for alleviation of suffering and acceleration of death.
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.
Sidorenko E.L., Khalizeva E.A. - System of offences associated with securities fraud in the Russian Federation (Part 2) pp. 13-21

DOI:
10.25136/2409-7136.2021.9.36342

Abstract: This article is a sequence of research conducted by the authors on the topic of offences related to digital securities fraud (Part 2). It completes the design of the system of such offences, determining the “subsystem” that considers the economic nature of the Central Securities Depository. For this purpose, analysis is conducted on the articles of the Criminal Code of the Russian Federation that form the system of offences related associated with the fraud of non-digital securities (Articles 185-186) from the perspective of their applicability to digital securities and peculiarities of such application. The research is based on the systemic approach, comparative-legal method, logical techniques of analysis and synthesis of information, as well as the method of deduction. The authors conclude on applicability of the Articles 185, 185.1, 185.2 and 185.4 of the Criminal Code of the Russian Federation to unlawful acts related to digital securities, taking into account the specificity of their legal regulation, namely the absence of necessity of state registration of stocks in the form of digital financial assets, the registration of rights to central securities depository by the information system operator that issued them, etc. Summarizing the results of this research with the results acquired in the Part I, the authors form the system of offences associated with the digital securities fraud, which includes the aforementioned elements, as well as the elements stipulated in the Article 187.1 “Organization of illegal trafficking of digital Rights” of the Draft Federal Law “On Amendments to the Criminal Code of the Russian Federation”. The Russian legal science unfortunately does not give due attention to examination of this problem, and such system is developed for the first time. The authors anchor hopes that the system of offenses they have designed would be effectively used in the law enforcement practice in the context of classification of unlawful action associated with central securities depository.
Rundkvist A.N. - Fairness as a Mandatory Requirement for Judicial Decision pp. 14-23

DOI:
10.25136/2409-7136.2018.6.22925

Abstract: The subject of the research is the Russian procedural law and judicial practice of the Constitutional Court of the Russian Federation regarding general requirements set forth for judicial decisions. The researcher pays attention to the evaluation of such decisios from the point of view of the general legal principle of justice. The aim of the research is to describe essential features and give a definition of the fair judicial decision. In addition, the author touches upon the problem of differentiation between private, social, public and state interests that are important for keeping the legal balance through distribution of mutual rights and responsibilities when making a fair administered justice. The author has applied the general research methods as dialectical analysis, and a number of private research methods such as analysis, induction, deduction and formal law method. The results of the research demonstrate the relationship between judicial decision that fulfils the requirements of fairness and such terms as adequacy, proportionality, legal balance, etc. The scope of the research results covers the law enforcement practice as well as procedural branches of the Russian law, in particular, the author emphasizes the need to enfroce requirements for the fairness of a judicial decision in particular articles of the Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation and Administrative Procedure Code. The author of the article also gives recommendations to coordinate requirements for legality and fairness in the course of justice and offers an integrative approach to interpreting the principle of fairness taking into account the role of justice in the entire system of legal principles and legal axiomes. 
Ermakova I.V. - Impact of networkization of the economy upon changes in the provisions of competition law (on the example of blockchain and smart contracts in the area of advertising and intellectual property law) pp. 14-32

DOI:
10.25136/2409-7136.2020.9.34183

Abstract: The subject of this research is the legal norms that regulate legal relations in the context of application of blockchain technology and smart contracts based on it in the area of online advertising and intellectual property. The object of this research is the social relations emerging in the indicated spheres. Analysis is conducted on the concepts and characteristics of blockchain technology and smart contracts. The author also reviews some controversial theoretical and practical issues, such as terminology, legal nature of blockchain, smart contracts, and related concepts. Examples are provided of the currently existing blockchain platforms and services premised on them. The novelty of the conducted research consists in focusing on the relevant problems that emerge in the conditions of network economy in such spheres as online advertising and intellectual property. On the example of blockchain platforms functioning in the indicated spheres, the author reveals the problems the can be resolved using such technologies. The author also underlines certain practical difficulties that arise in the process of application of blockchain and smart contracts, particularly associated with the absence of legal definition of a number of concepts. The examples of corresponding court decisions are provided. A proposal is made on the need for consolidation on the legislative level of definitions of such concepts as “blockchain”, “smart contract”, “cryptocurrency”, and “token”.
Belikova K.M. - pp. 15-29

DOI:
10.25136/2409-7136.2021.11.36952

Abstract:
Davydova E.A. - Concerning the Question about the Legal Stimulating of the Economy Innovative Development pp. 16-23

DOI:
10.25136/2409-7136.2018.3.25768

Abstract: The article is devoted to topical issues relating to the legal stimulating of the economy innovative development in the Russian Federation. The object of the research is the theoretical and practical aspects of the legal stimulating and the subject of the research is the legal patterns of developing the mechanism of legal stimulating of the economy innovative development. The author of the article analyzes definitions of the legal stimulus and and legal stimulating. Davydova assumes that it would make a sense to apply a more general approach to studying the phenomenon of legal stimulating in terms of the economy economic development. In a wide sense, legal stimulating can be defined as the process that ensure the achievement of certain goals through making a positive influence on social relations. It is better to apply a more integral approach to developing the mechanism omf the legal stimulating of the innovative development, moreover, the development of legal stimulating is impossible without using methods and empirical material of other sciences (economics, politics, social studies, psychology, etc.). Thus, the author of this article uses the interdisciplinary approach to carrying out the research. Based on the author, the first and the main factor that makes it difficult for the Russian Federation to start the innovative development is poor activity of social institutions, in particular, the fact that there is no institution of property. Based on the analysis, the author defines structural elements of the mechanism of legal stimulating as including political, legislative, organisational and financial measures. The author also emphasizes the need to undertake measures to improve the institutional environment as it is an essential condition for innovative development, as well as to create the system of timely monitoring of the economic and legal situation in the sphere of innovations in order to discover and improve unproductive legal mechanisms.  
Makarov V.O. - Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation pp. 18-25

DOI:
10.25136/2409-7136.2020.11.34587

Abstract: This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.
Belikova K.M. - The role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries pp. 22-62

DOI:
10.25136/2409-7136.2021.9.36508

Abstract: The subject of this research is the role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries. The relevance of the selected topic is substantiated by the fact that modern countries, for example, the founder of computer industry – the United States along with the BRICS member-states, realize the importance and practical significance of cryptography in different spheres (military, civil) and aim to develop the means and systems of information security, establishing legal regulation for various aspect of its application. Such approach needs elaboration on the development and implementation of cryptography from the perspective of supranational and international law. It is determined that the currently used encryption methods are essentially based on the methods that use special mathematical algorithms built in computer software. Such methods are a substantial  but surmountable obstacle for acquiring copyright and patent protection. The examined legal orders evolve by encouraging the development of national cryptographic and software systems, and ensuring its protection by patent law under certain conditions and based on a number of principles that are taken into account in national legislation of the BRICS countries. Correlation of the effectiveness of ensuring information security using only patented encryption or with application of additional protection based on the provisions on commercial secret, demonstrated futility of using the latter. From the perspective of international (or supranational) law, cryptographic software is controlled within the framework of international agreements on distribution of technical data, military and dual-purpose products.
Kubatko S., Mordovin P., Kushkhova B. - Analysis of Current Issues of the Institution of Bankruptcy of Physical Entities in the Russian Federation pp. 24-29

DOI:
10.25136/2409-7136.2018.6.26668

Abstract: The article is devoted to the research and analysis of the legislation and law enforcement practice of the institution of bankruptcy of physical entities in the Russian Federation. The subject of the research is the provisions of the Federal Law on Insolvency (Bankruptcy) regulating the aforesaid procedure in relation to physical entities. Within the framework of the research, the author defines and analyzes some problems that relate to the bankruptcy procedure of physical entities. At the present time there are both standard problems and problems arising as a result of implementation of these laws and regulations. The methods used by the authors include general research methods such as analysis, synthesis, generalisation, deduction, comparison, analogy and special research methods (comprative law and structured systems analysis). Within the framework of this research, the authors analyze five problems and in conclusion the authors offer solutions for each of them. At the end of the article the author emphasizes the need to make amendments to the current legislation about bankruptcy of physical entities. These changes are aimed, first of all, at increasing availability of the aforesaid procedure for low-income citizens who lead a marginal existence and are, in fact, bankrupts.  
Adygezalova G.E., Kuryachaya M.M., Dzidzoev R.M., Shapiro I.V. - Discussing the Political and legal importance of the 2020 Russian Constitutional Reform pp. 24-35

DOI:
10.25136/2409-7136.2021.2.35076

Abstract: This article provides an overview of the speeches given by the participants of the All-Russian Scientific Practical Conference including international members “2020 Russian Constitutional Reform: political and legal importance” held remotely on December 4, 2020 by the Department of Constitutional and Municipal Law of Kuban State University jointly with the Interregional Association of Constitutionalists of Russia in Krasnodar Krai. The author describes the key provisions of the reports of the Russian and foreign participants, as well as messages received by the organizational committee of the conference. The general conclusions on the conference results are formulated. In the course of discussions were outlined the primary theoretical problems and practical aspects of constitutional legal development, as well as the trends of further improvement of the legislation. Within the framework of the discussion of 2020 constitutional reform, the participants placed emphasis on the peculiarities of modern Russian constitutionalism, its historical and theoretical aspects; questions of social and civil activism, expansion of the constitutional principles of civil society; renewal and transformation of the entire system of legal regulation; enhancement of the social component in the Constitution; consolidation of the unity of public authority; changes in the judicial system, broadening of competence of the Constitutional Court of the Russian Federation; networking of public legal relations; protection of human rights and fundamental freedoms, guarantees of rights and support of particular categories of Russians (minors, compatriots residing outside of Russia, etc.); correlation between the norms of international and national law. A number of participants gave attention to voting on the amendments to the Constitution of the Russian Federation.
Gorokhova S.S. - On certain aspects of public legal responsibility in the sphere of using artificial intelligence and autonomous robots pp. 24-41

DOI:
10.25136/2409-7136.2021.5.35557

Abstract: The subject of this research is certain theoretical aspects of public legal responsibility that may emerge in the spheres and situations of the use of artificial intelligence and robotic autonomous systems takes place. Special attention is given to interpretation of public legal responsibility as a legal category, and its role within the system of legal regulation of public relations in the country. The article explores the basic aspects of public responsibility in the sphere of potential use of the systems equipped with technological solutions based on artificial intelligence. The author describes the possible risks determined by the development and implementation of such technologies in accordance with trends of scientific and technological progress. The conclusion is made that currently in the Russian Federation does not have a liability system applicable particularly to damage or losses resulting from the use of new technologies, such as artificial intelligence. However, the existing liability regime at least ensures the basic protection for the victims suffered from the use of artificial intelligence technologies. However, the peculiar characteristics of these technologies and complexity of their application may hinder payment of compensations for inflicted harm in all cases when it seems justified, and not ensure fair and effective allocation of responsibility in a number of cases, including the violation of non-property rights of citizens.
Isaeva K.V., Kuznetsov A.A., Zalesny Y., Goncharov V.V. - On some questions of the composition analysis of municipal property in the Russian Federation pp. 25-39

DOI:
10.25136/2409-7136.2021.3.33837

Abstract: This article is dedicated to the composition analysis of municipal property in the Russian Federation. Being the grassroots of the system of administrative-territorial division of the country, the municipalities in the Russian Federation have a considerable number of the objects of municipal property. Therefore, it requires effective administration and appropriation in full accordance with the rights, freedoms and legitimate interests of the citizens residing on the territory of these municipalities. The article provides the original definition of municipal property, which implies property complex of the municipality, including items of property owned by municipalities. The authors explore the composition of municipal property in the Russian Federation analyzing the legal consolidation of the key types of its items, as well as the practice of exercising the right to municipal property by municipalities with regards to certain items of municipal property. The article formulates and substantiates the recommendations for improving the legislation of the Russian Federation that regulates the questions of municipal property. The authors believe that the implementation of such proposals would enable effective administration and appropriation of municipal property in the interests of citizens of the Russian Federation.
Dzidzoev R.M. - Questions of federal structure in the revised version of the Constitution of Russia pp. 29-41

DOI:
10.25136/2409-7136.2020.7.33720

Abstract: The subject of this research is the questions of constitutional reform regarding the federal structure of Russia, which require scientific assessment. The object of this research is the legal acts that laid the groundwork for the constitutional reform in Russia: Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation of January 15, 2020; Law on the Amendment to the Constitution of the Russian Federation; Conclusion of the Constitutional Court of the Russian Federation on Conformity with the Amendment of the Current Constitution of Russia. Detailed analysis is conducted on the content of the constitutional amendments, their correlation with the legal logic and the needs of constitutional federal progress in Russia. The combination of applied methods (general scientific and private scientific, such as formal-legal, comparative-legal, systemic) allows determining the degree and limits of impact of the constitutional amendments upon the federal structure of Russia. The key conclusions consist in ascertainment of the large-scale constitutional federal reform in Russia oriented towards the principles of state unity and territorial integrity, which received prominent and holistic reflection in the revised version of the Constitution; need to complete federal reform at the current legislative level via amending the Federal law “On The General Principles Of Organization of Legislative (Representative) and Executive Authorities of Constituent Entities of the Russian Federation”, as well as the Constitution and statues of the constituent entities of the Russian Federation, which should be brought into compliance with the new revision of the Main Law of Russia. The author's special contribution to this research lies in a systemic analysis of recent amendments to the Constitution of Russia, which testify to substantial changes in federal structure of the country. The novelty is defined by the analysis of new constitutional provisions characterizing the content of the constitutional reform in Russia with regards to federal structure, which have not been previously examined in legal science.
Kalinkina V.V. - pp. 30-45

DOI:
10.25136/2409-7136.2021.11.36964

Abstract:
Damm I.A., Basalaeva S.P., Ron'zhina O.V., Tolstikova I.N., Akunchenko E.A., Volkova M.A., Shchedrin N.V. - The Conflict of Interests of a Head of Educational Organization in Case of Secondary Employment pp. 39-56

DOI:
10.25136/2409-7136.2018.5.26711

Abstract: The subject of the research is the regulations and laws of the Russian Federation that set forth an order of secondary employment at a higher educational organisation as well as researches, legal acts and law enforcement act devoted to the question of prevention and management of conflicts of interests. The authors focus on cases when a conflict of interests may arise because an individual works as a head of an educational organisation (rector or vice principal) and as a professor (department head) at the same time. In their research the authors have used the dialectical research method as well as structured-system, formal law and other methods of research. The results of the research cast light on the drawbacks of the legal regulation and methodological support of prevention and management of a conflict of interests in cases when an individual works as a head of an educational organisation and department head at the same time. The fact that there are no official explanations or recommendations of the federal authorities regarding the problem as well as contradictory judicial practice prove the importance of such analysis of corruption in social relations in cases of internal secondary employment at a higher education institution. 
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.
Lipinsky D.A., Popov I.E. - On the concept and signs of procedural misconduct pp. 40-48

DOI:
10.25136/2409-7136.2021.3.35312

Abstract: The subject of this research is the conflictual social relations in the area of administration of justice, as well as the concept and signs of procedural misconduct. Analysis is conducted on the general signs of offense applicable to procedural misconduct. The author reveals the peculiarities of manifestation of signs of offense: wrongdoing, unlawfulness, fault, penalty. It is noted that public danger is characteristic to any offense, thus is attributed as a sign of procedural misconduct. The author underlines that there are no precise wording in the legislation, which does not allow carrying out accurate qualification of procedural offenses (for example, the term “contempt of court”). The conclusion is formulated that the procedural offense is a socially dangerous, faulty, and unlawful act, the commission of which implies procedural liability. It is substantiated that procedural misconduct has most universal (common to all types of offenses) signs. At the same time, the aforementioned signs are often difficult to determine, since the wording of the legislator is quite vague. The author recommends to include into the legislation the definition of procedural misconduct and its varieties, which would allow clearly differentiating the procedural misconduct from all other types of offences.
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.
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.
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.
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.
Mazein A.V. - Administrative-legal regulation of proactive forms of public administration: current state and prospects pp. 63-80

DOI:
10.25136/2409-7136.2021.9.36501

Abstract: This article examines the legal regulation of proactive form of exercising administrative activity. In the domestic practice, proactive activity became widespread in 2019–2020. Leaning on the analysis of scientific literature, the author underlines that the content of the principle of proactivity, defined in the existing normative legal acts, reflects the well-known scientific approaches. As a result of the content analysis of normative legal acts, the conclusion is drawn that the principle of proactivity is currently applied in the spheres of social security, public health, tax administration, and state control. The author offers to extend application of the principle of proactivity to the spheres of enforcement of public order, uninterrupted supply of public utilities, and road management. The article summarizes the provisions of legal acts that regulate proactive administrative activity and proposes the structure of elements of its legal consolidation. Among the elements that should be defined by law, the author suggests to include the subjects and objects of activity, as well as the content of administrative action, including technologies and instruments that ensure proactive administrative impact. The normative legal acts that may establish the corresponding elements are the administrative regulations for ensuring state (municipal) services. At the time of carrying out the research, out of 103,000 administrative regulations effective on the regional and municipal levels, only 575 ( 0.6%) indicate the ability or inability of proactive rendering of services. The conclusion is made that in the future the number of such legal acts would increase.
Trofimov E.V., Metsker O.G., Paskoshev D.D. - Administrative prejudice in cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation): how the big data of judicial acts reflect humanization and quality of justice pp. 81-124

DOI:
10.25136/2409-7136.2021.9.36521

Abstract: The subject of this article is the public relations arising in the context of committing petty theft, as well as research means and methods for assessing the optimization of legislation and law enforcement. Due to the specific structure of administrative prejudice, the article presents the methodology and results of the analysis big data of judicial acts in cases of petty theft (the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation) for assessing the quality of justice and optimization of legal regulation. The research is founded on the original interdisciplinary methodology, which contains the indicator approach along with the set of legal and computer aided techniques, including intellectual text and data mining, as well as machine learning. It is demonstrated that the judgments of conviction do not have considerable differences in the semantics and logical complexity of decision-making in comparison with the ruling on imposition of administrative penalty; the logic of making decisions on the choice of administrative or criminal penalty for petty theft varies, whereby the choice of administrative penalty is more differentiated. Despite the identity of acts related to administrative prejudice, their regulation by different laws leads to different enforcement results. Administrative-tort regulation is more optimal. Administrative responsibility for petty theft is rather humane for the society overall, although for victims, criminal responsibility appears to be more humane. Having analyzed the array of information, the author extracts certain knowledge on the administrative-tort and criminological characteristics of petty theft alongside peculiarities of court proceeding and imposition of penalties, as well as concludes on applicability of the developed methodology towards analyzing big data of case law on administrative and criminal offenses.
Zolotovskaia E.A. - Life and health insurance as an element of a credit agreement: problems of law enforcement pp. 85-92

DOI:
10.25136/2409-7136.2017.5.23226

Abstract: The research subject is the problem of a borrower’s life and health insurance as a security element of a credit agreement (personal insurance contract). The author studies the effectiveness of insurance as a security measure, guaranteeing the performance of obligations by the parties to a consumer loan agreement, and analyzes the problems of application of such measures. The author analyzes the factual goals of a personal insurance contract, which don’t correspond with the goals of this type of contracts if used for the purpose of a consumer loan obtaining. The research methodology includes the analysis of law enforcement practice in the disputes over the nullification of the insurance conditions of credit agreements and the dissolution of credit agreements, based on the comparative-legal and the logical methods, analysis and synthesis. The problems under study are vivid in the law enforcement practice connected with the provision of the freedom of citizens in deciding over the conclusion of insurance contracts. The author concludes that at the present time, there’s no standardized judicial practice in this category of disputes; often courts pass contradictious judgements on alike issues. 
Antipova K. - Methods of big data definition: Russian and foreign experience pp. 143-157

DOI:
10.25136/2409-7136.2021.9.36591

Abstract: This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.
Ostroushko A.V. - On the key vectors of legal protection of intellectual rights of the Russian participants of the foreign megascience projects pp. 158-173

DOI:
10.25136/2409-7136.2021.9.36404

Abstract: Globalization of scientific research entails a range of complex legal problems substantiated by the organizational aspects of creation and functioning of large research projects, such as the absence of the uniform legal approach towards creating “megascience” project, imbalance between legal force of the norms of international agreements and national norms within the legal system of the accepting country depending on the organizational form of the project. The object of this research is the complex of public relations that influence the building of legal protection mechanism for intellectual rights of the Russians participating in foreign “megascience” projects. Within the framework of this research, the author analyzes the questions of participation of the Russian scholars in “megascience” projects, including the problems of protection of their intellectual rights. The questions are studied in the context of the uniform system of specificity of problem situations that emerge in the course of implementation of “megascience” project. The main conclusion lies in the thesis that indicates the need to provide Russian scientific organizations and individual scholars participating in “megascience” projects with the necessary s methodological recommendations in form of an optimal model of legal protection of their rights and legitimate interests in conducting research within the framework of foreign megascience projects or using “megascience” installations. The activity of Russian scholars engaged in foreign “megascience” projects requires information-legal and organizational-legal support for the effective protection of intellectual rights. The novelty of this work consists in examination of the questions of participation of Russian scholars and scientific organizations in “megascience projects” abroad without reducing it to solely financial and scientific component problem.
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