DOI: 10.7256/2454-0706.2021.10.36096

Abstract: The subject of this research is the development of artificial intelligence in Brazil based on the recently adopted act “National Strategy for the Development of Artificial Intelligence” of April 2021 with an emphasis on the military sphere through the prism of legislative provisions on intellectual property, potential and needs of the country, as well as real joint projects with its foreign partner Israel in the sphere of procurement and engineering of unmanned aerial vehicles (Harpia, Elbit Hermes 900 and 450, IAI Heron). The relevance of this article is substantiated by timely consideration of the legal perspective of the approaches of Brazil towards the implementation of artificial intelligence, as multiple foreign states aim to implement the adopted strategies in this sphere. The scientific novelty consists in the following positions: artificial intelligence can be implemented in production, public safety and public authority, through ensuring the due level of the development of such crucial components as education and human resources, scientific and technology infrastructure, and business foundation, legal regulation and management, as well as taking into account international experience. At the same time, the technologies underlying artificial intelligence and machine learning – computational models, algorithms of classification, clusterization, educational, and others are not subject to patenting in Brazil (same as in the European Union), although are regarded as inventions for solution of technical issues – as the engineering applications of artificial intelligence.

DOI: 10.7256/2454-0706.2021.10.36757

Abstract: The principle of publicity is one of the basic principles of real right and one of the important conditions for implementation of the principle of public credibility of the real estate title registration. During operation of China’s Law on Real Rights, a range of problems has emerged with the provisions in this part in doctrine and practice, for example: nature of the registration authority and its impact upon operation of the principle of public credibility of the real estate register, ambiguity of the category of interested person, method of confirmation of interest of the applicant, etc. Due to time constraint, these issues have not been eliminated as a result of recent enactment of the Civil Code of the People's Republic of China. There are plenty of disputes within the Chinese civil law doctrine. This article analyses the evolution of the legislation in force regarding the principle of publicity of the real estate register and state registration in PRC, as well as outlines the array of issues. The goal of this research lies in determination and assessment of significant flaws in the current legislation. The novelty consists in critical analysis of the existing problems and gaps in current legislation of the People's Republic of China, as well as the author's position based on the analysis of China’s social situation. The acquired results reveal the need for the development of the unified scientifically grounded legislation. The author believes that this work would contribute to development of the next stage of PRC legislation in terms of real estate title registration, lay groundwork for implementation of the principle of public credibility of the real estate register, as well as familiarize Russian audience with China’s experience on the matter.

DOI: 10.7256/2454-0706.2021.10.36805

Abstract:   This article analyzes the constitutions of South American countries for determining the constitutional formats of guaranteeing the freedom of expression. The goal of this research lies in systematization of the variants of constitutional articulation of the freedom of speech, determination of the constitutional approaches towards formalization of the freedom of speech and the “watershed” between them. Research methodology leans on the general scientific techniques and methods of scientific cognition: formal-legal, linguistic-legal and comparative-legal methods for examining the constitutional texts of South American countries, regulation and articulation of the conceptual versions of the freedom of expression reflected therein. The scientific novelty is defined by the absence within the constitutional-legal science of comprehensive research on articulation of the freedom of speech in the constitutions of the countries of South America. The main conclusions are as follows: the examined constitutional texts contain provisions that have grounds to be interpreted in relation to the freedom of speech; most common constitutional versions imply the freedom of expression of idea, the freedom of thought and opinion, and the freedom of opinion. It is determined that the freedom of expression of ideas, thoughts, and opinions in the constitutional texts is articulated equally through both, right and freedom. The authors also indicate the “watershed” between thought, opinion, and idea.  

DOI: 10.7256/2454-0706.2021.10.36767

Abstract: The subject of this research is the process of establishment and development of the right of nations to self-determination as the fundamental principle of Soviet federalism. The author carefully examines the origin and evolution of the idea of the right of nations to self-determination within the environment of the revolutionary social democracy; the concept, characteristics and principles of the right of nations to self-determination; the normative unification of the right of nations to self-determination with the federal principle of government system in the Soviet constitutions; variations of exercising this right within the framework of socialist federal state. Special attention is given to the evolution of the right of nations to self-determination and the transformation of its goals at different stages of the development of Soviet State. The novelty of this research consists in formulation of the original definition of the right of nations to self-determination in the context of phenomenology of the Soviet federalism. The key characteristics of this right are outlined: 1) suggests multivariance of implementation; 2) drags on time depending on the socioeconomic and political-legal development of the nation; 3) implies adequacy of implementation to the level of collective national sociocultural and political self-identity, etc. The principles of the right in question are determined : 1) priority of actual self-determination in relation to legal formalization if the latter is mandatory; 2) definiteness of the right of nations to self-determination via national declaration of will with regards to legitimation by the positivistic attitudes of the state; 3) evolution in chronological perspective from the national legal nature towards international legal level, etc. The author derives the criteria and classifies the right of nations to self-determination based on them. Description is given to the peculiarities of regulation and implementation of the right of nations to self-determination in accordance with the development stages of the Soviet Federation The author's special contribution lies in the establishment of dialectical link between the formational and civilizational approaches towards comprehension of the essence of the right of nations to self-determination through the prism of the European and Russian social democracy.

DOI: 10.7256/2454-0706.2021.10.36714

Abstract: This article analyzes the problems of implementation of the right of access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation. The author carefully examines the legislation of the countries of post-Soviet space on filing a complaint against actions (omissions), as well as decisions of the prosecuting agency in pretrial proceedings. The subject of this research is the norms of the Russian and foreign legislation that regulate the right of access to justice in criminal proceedings. The object is the legal relations arising in the context of implementation of the right of access to justice. The article employs the universal systemic method of cognition; comparative-legal, formal-legal, and statistical methods; as well as logical analysis of the normative legal acts. It is indicated that restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation is also established by the practice developed in law enforcement for evaluation of the complaint prior to its consideration involving  the parties with the possibility of making a decision on whether to remit or reject the complaint in the absence of legislatively specified grounds, which directly affects the number of addressed complaints. The conclusion is made on the need to specify the grounds for remitting the complaint of an applicant filed in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation, for the purpose of excluding the possibility of decision made by the court that is not based on the law on remitting or rejecting the complaint for consideration (the Article 125 of Code of Criminal Procedure Code of the Russian Federation).

DOI: 10.7256/2454-0706.2021.10.36576

Abstract: The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made: 1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy. 2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels – external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity. 3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained. 4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe. 5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.

DOI: 10.7256/2454-0706.2021.10.36663

Abstract: The subject of this article is relations that arise to interference of the third party (intervener) in contractual relations of the parties. The author considers the question of possible means of protecting a bona fide creditor from the actions of an intervener, such as challenging of the transaction consummated between the obligator and the intervener, as well as recovery of tort damages from the intervener for the benefit of a bona fide creditor. The article examines the issues emerging in the context of application of both methods of protection. The conclusion is made on the possibility of use of both methods, in preference to recovery of damages. It is noted that challenging of the transactions allows to equitably redistribute the burden of proof in disputes with a mala fide intervener, while the tort claim implies the possibility of recovering pure economic losses from a mala fide intervener. The authors indicate that the current Russian legislation does not contain dogmatic obstacles for application of such method of protecting a mala fide intervener.

DOI: 10.7256/2454-0706.2021.10.36544

Abstract: The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.