NB: Administrative Law and Administration Practice - rubric Question at hand
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Question at hand"
Question at hand
Lin' D. - Main trends in the field of protection of copyright and personal data in the Internet pp. 1-8


Abstract: The author explores the key legislative innovations in the sphere of legal regulation of relations involving use of Internet. The subject of this research is the legal relations with the use of modern communication relations, as well as their legal regulation. Special attention is given to the protection of copyright and personal information of Internet users. The article examines the recent legislative acts aimed at protection of personal data and copyright involving use of the modern communication technologies. The author examines statistical data pertaining to the use of personal information and content falling within the copyright in the Internet. A conclusion is made that in the Russian legal field personal data are fully controlled by the government, but the “large user data” do not appear therein, and in essence, displayed in a “grey zone”. Latest changes in legislation indicate desire of the government for “digital registration” of the largest possible number of citizens, as well as de-anonymization of the Internet users. The novelty of this research consists in analysis of the most recent normative acts in the area of legal regulation of copyright, preservation and usage of personal data involving the modern information and communication technologies. The author criticizes the existing legislation in the area of legal regulation of information exchange in the Internet with regards to violation of citizens’ right to privacy.
Lin' D. - Basis of legal regulation and Internet censorship in China pp. 1-9


Abstract: This article examines the basis of legal regulation and Internet censorship in China. The genesis, development and relevant regulatory basis of legal regulation of Internet in China is examined. The author comes to the conclusion that on the one hand, Internet in China is subject to tight control due to the rapid development of technologies of observation and increase of police access to user data. Currently, China is one of the leaders in engineering and export of automated instruments for monitoring social networks. The citizens face restrictions based on the control of login accounts that give access to the Internet; blockchain apps and their developers are also subject to control and must provide registration of real names of the users; international corporations, such as Apple, Microsoft, Linkedin, are forced to bend to the demands of Chinese authorities and help to determine and punish the users who do not adhere to the censorship requirements in China. On the other hand, Chinese government makes everything possible for the large scale implementation of information technologies into socioeconomic life of the country, namely industrial and commercial sectors. Usage of internet in the sphere of sociopolitical life restricted, since China justifiably sees a threat to political stability and social security of the country.
Veretentseva I.V. - Problem aspects of administrative and jurisdictional activities of customs agencies in the sphere of protection of intellectual property rights pp. 7-17


Abstract: The research subject is the problem aspects of administrative and jurisdictional activities of customs agencies in the sphere of protection of intellectual property rights. The author defines and considers some problem issues caused by the performance of administrative jurisdiction by customs agencies in the mentioned sphere: connected with the proceedings on administrative cases in the sphere of intellectual property right (specified in article 7.12, part 1, and article 14.10 of the Administrative Offences Code of the Russian Federation) and with citizens’ appeals proceedings. The research methodology is based on the set of general scientific and specific research methods of cognition (the dialectical method, analysis, synthesis, analogy, deduction, the formal-logical and comparative-legal method). The scientific novelty of the study consists in the fact that the author reveals the problem aspects of administrative and jurisdictional activities of customs agencies in the sphere of the protection of intellectual property rights, and offers the possible variants to solve these issues in order to improve this sector of customs agencies’ activities and raise its effectiveness.  
Moreeva S., Manin I. - Spiritual-ethical upbringing of Russian citizens in the federal documents of strategic planning as the focus of national security pp. 9-24


Abstract: The subject of this research primarily consists of documents of strategic planning of the Russian Federation. The object is the public relations in the area of ensuring national security, as well as reconstruction of cultural identity of the members of the Russian society within the framework of the legal field. The author raise the issue of legislative regulation of the government administration in spiritual-ethical area, pointing out the uncertainty of goal-setting and conceptual apparatus of the corresponding directives. The article elucidated relevant issues of national security and offers solutions in the information, education, and cultural spheres. The scientific novelty consists in the proposals on development and clarification of the conceptual apparatus of the normative legal framework of ensuring national security. This research is relevant due to articulation of the problem of foreign and criminal ideological influence upon the minds of current and future generations, as well as proposal on compensation of antisocial propaganda. The authors’ positions are aimed at protection of the foundations of Russian constitutional structure, ideological countermeasures to terrorism and extremism, preservation of unity of the multinational composition of the Russian Federation through formation of the cultural identity of the citizens, favorable spiritual-ethical environment, and preservation of Russian statehood. Indicating the positions of the President of the Russian Federation on the subject matter, the authors point to his political will to maintain a traditional society, which is based on historically formed morality.
Lapin A.V. - Methodology of the Analysis of National Economic Security State Assessment pp. 37-48


Abstract: The object of the study is indicators of Russian economic security state, the subject of the study is the state assessment of Russian economic security before imposition and in the period of imposition of economic sanctions for Russia. In the article, the national statutes are observed, establishing the rules of the state assessment of economic security in Russia and its regions. Several scientific methodologies are analyzed, suggested to economists and various organizations. In the article, the author's statements of the main indicators of Russian economic security state based on statistics are given. It is concluded that there is an impact of the USA and the EU sanctions on Russian economic security stability. The methodological basis of the article consists of the modern achievements of the theory of knowledge. In the process of the study a philosophical method, methodology of systemic analysis, expert analysis, event analysis, structural analysis, statistical analysis, and comparative legal analysis were implemented. The novelty of the work is due to the formulation of suggestions on the inclusion of the most important indicators in the register of indicators of Russian economic security state assessment. The absence of normative established methods of the state assessment of economic security of the Russian Federation at the Federal level is revealed. The author suggests taking indicators of Russian Federation economic security state assessment, provided by the Russian Federation Presidential Decree of May 13, 2017, є 208, as the basis, adding a number of criteria to the list. 
Koreshnikova N.R. - To the question of prosecutorial participation in hearing of civil cases by courts in the interests of an undetermined circle of people pp. 37-45


Abstract: The object of this research is the legal relations emerging in the process of protection of the rights of an undetermined circle of people in a court by competent officials from the prosecutor’s office of the Russian Federation. The subject of this research is the sum of norms regulating prosecutorial participation in a civil proceeding for protection of rights of an undetermined circle of people, as well as theoretical and practical aspects of using legal means of the prosecutor in this sphere. It is determined that there are still instances in the process of prosecutorial participation in civil cases of erroneous interpretation of the “undetermined circle of people” by the subjects of law enforcement, which impedes the process of protection of the rights and freedoms of the undetermined circle of people by the Russian authorities. In the process of analyzing the rulings for 2019, the author outlines the qualifications for the undetermined circle of people, provides examples of improper interpretation of the concept of “undetermined circle of people” by the courts, and describes unequivocal typical statements of claim submitted by prosecutors in defense of undetermined circles of people, and cites mistakes made by authorized staff of the prosecutor’s office during filing.
Smirnova E.N. - Observance of individual rights and freedoms in the context of implementation of digital control by the executive branches pp. 37-45


Abstract: Digital technologies are being actively implemented in public administration, including oversight measures, which raises a legitimate question on the need to respect individual rights and freedoms in digital space and corresponding scientific research. The goal of this research lies in formulation of proposal aimed at improvement of the mechanism for observing individual rights and freedoms in the context of implementation of digital control, which in turn contribute to ensuring the balance between the interests of the state and the rights and freedoms of citizens in digital space. The methods of increasing the efficiency of oversight activity are offered. The novelty of this work is defined by the fact that the question at hand has not been studied by the scholars in the field of administrative law, despite the fact that in recent years the questions of digitalization of public administration are of crucial importance for both, the legislator and the researchers. The author attempts to analyze the existing problems in this sphere, as well as suggests the mechanisms for minimizing negative consequences and improving the organization of digital control.
Alekseenko A.P., Mungalov A.V. - Digitalization of the Russian ruble. Introduction of a new form of Russian currency. pp. 50-56


Abstract: The subject of the study is the concept of the Central Bank of Russia on the digitalization of the Russian ruble. The object of the study is the digital ruble in the civil law system of the Russian Federation. The authors consider in detail such aspects of the topic under study, namely: the place of the digital ruble among the traction objects of civil law, analyzing the digital ruble through the prism of "digital currencies" legalized by Federal Law No. 259-FZ of 31.07.2020. The authors pay special attention to the legal assessment of the "digital ruble" and try to analyze whether the digital ruble will be a new object of civil law or the digitalization of the national currency is just a new form of the Russian ruble. The main conclusions of the authors are that the digital ruble by its legal nature is a new form of expression of the Russian ruble. The digital transformation of the national currency does not change its essence, the monoobject of civil rights Ц money - remains, while acquiring a new way of expression through information technology. Within the framework of this study, the authors found that the current legislation in the field of regulation of digital assets, in particular Federal Law No. 259-FZ of 31.07.2020, requires changes in the definition of "digital currency" or explanations from the legislator regarding the ratio of "digital ruble" and "digital currency".
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