Электронный журнал Юридические исследования - №6 за 2019 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 06/2019
Contents of Issue № 06/2019
Transformation of legal systems
Shaginov B.A. - Peculiarities of the Legal Sphere of Information Society in Russian Academic Literature pp. 1-6


Abstract: The object of the research is the legal sphere of society's life. The subject of the research is the changes happening in the legal sphere of information society that, in fact, are the main features and peculiarities of such form of society. In his research Shaginov analyzes a number of researches in this sphere and describes the main features and trends thereof. He also analyzes changes in the legal sphere as a result of development of information society. The aim of the research is to analyze the legal sphere of the society at the new stage of society's development, to describe the main features and peculiarities thereof and to offer their classification. In the course of the research Shaginov has applied such research methods as dialectical analysis, content analysis, generalisation, comparison and systems approach. The novelty of the research is caused by the author's complex analysis of approaches to the legal sphere of information society. The need to regulate new relations that arise creates systemic changes in the society's legal sphere which allows to define its features at the new stage. The most fundamental principle is to ensure access to and distribution of global information. The main tendency is democratization. The author offers to divide features into groups depending on the scope of their application: informative, civil, and political. The researcher concludes that under the influence of informatization all spheres of society's life are changed which results in reformation of the legal sphere, creation of new branches of law and transformation of current branches. 
Questions of current interest
Danilov I. - The Main Approaches to Legal Regulation of Relations that Involve the Use of Robots pp. 7-15


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. 
Human and state
Belaia O.V. - Legal Principles of Using Human Corpse as Genetic Material pp. 16-25


Abstract: The aim of this research is to discover and analyze legal principles of using human corpse as biological material and source of genomic information. In the course of her research, Belaya has analyzed Russian laws that regulate the process of collecting and using tissues, body organs and corpse of a dead individual and set forth rules for collection, use, storge and destruction of genomic information. The researcher describes wills that express consent or non-consent of using an individual's corpse, tissue and organs after his or her death as well as procedures of obtaining such consent from relatives or legal representatives. The researcher focuses on the problems arising in the process of legal fixation and practical implementation of particular legal principles in the course of using human corpse as genetic material. The methodological base of the research includes a combination of general and special research methods such as analysis, legal modelling and forecasting, dialectical materialistic, structural functional, legal logical, comparative legal and systems approches. The main outcome of the rsearch is analysis of current laws on collection and use of human corpse as genetic material and source of genomic information, collisions and contradictions in associated legislation and recommendations on how to eliminate them. The author also offers her own classification of legal principles of using human corpse as genetic material and source of genomic information. She also defines general and special legal principles of using such objects of civil circulation.
State institutions and legal systems
Belikova K.M. - Protection of Scientific Information in China from the Point of View of Intellectual Property Laws (the Case Study of the BRICS States) pp. 26-46


Abstract: The matter under the research is the peculiarities of procedural (criminal, civil, administrative and other) means of protection of scientific information in China as a BRICS state. Belikova analyzes the matter under research from the point of view of intellectual property laws (On Author's Right of 1990 (rev. 2010), On Patent Right of 1984 (rev. 2008)), law court regulations (Organisation of People's Court of 1979 (rev. 2006 and 2018), criminal and civil law and process regulations (for example, Civil Procedure Code of 1991 (rev. 2007 and 2013), Criminal Procedure Code of 1979 (rev. 1996 and 2012) and Criminal Code of 1979 (rev. 1997) as well as other laws (for example, Law on Protection of State Information of 1988 (rev. 2010) and others. In her research Belikova has used such research methods as geneal dialectical, historical, comprative law analysis. The author bases her research on the idea of subjective-objective predetermination of processes and phenomena. One of the conclusions made by the researcher is that despite being greatly criticized, China's intellectual property laws offer a wide range of measures and opportunities for an individual whose rights have been violated to apply measures that are best suited for the situation. This range of measures is similar to that offered by other BRICS states. 
Law and order
Smirnova K.V. - Criminal Law Characteristic of Petty Theft (Article 158.1 of the Criminal Code of the Russian Federation) pp. 47-54


Abstract: The aim of the research is to analyze criminal law characteristic of Article 158.1 of the Criminal Code of the Russian Federation as well as the need to implement provisions of aforesaid article in practice. The subject of the research is the criminal law characteristic of Article 158.1 of the Criminal Code of the Russian Federation, in particular, objective and subjective features of this crime structure based on the analysis of opinions of experts in criminal law. The object of the research is the social relations that arise as a consequence of petty theft by an individual subject to administrative punishment. In her research Smirnova has applied general research methods such as analysis, synthesis, deduction, analogy, classification, summary of research data, etc. Methods of special sciences included comparative law analysis, technical legal method and regulatory analysis. The scientific novelty of the research is caused by the fact that Smirnova discovers social dependence of criminal responsibility for the commitment of petty theft that is closely related to historical processes, the need to criminalize petty theft committed by an individual who had been earlier subject to administrative sanctions. Moreover, Smirnova analyses criminal law characteristic of this kind of crime in relation to practical implementation of associated laws and regulations and studies objective and subjective features of petty theft. The author focuses on peculiarities of criminal law characteristics of the corpus delicti and establishment of administrative prejudice in the criminal law.
History of state and law
Blyashkin A. - Historical Legal Aspect of Payments Made by Radio-Frequency Spectrum Users During the Period Since 1918 Till 1937 pp. 55-63


Abstract: In 1895 Russian scientist Alexander Popov created the first radio set and demonstrated its opportunities which predetermined the rapid development of radio communication in the Soviet time. In the history of Russia, the beginning of the XXth century related to intensive progress of radio means and systems, from telegraph to wired broadcasting. Developing radio communication means required proper legal regulation as well as issuance of associated legal acts. In this article Blyashkin analyzes the main stages of creation and development of principles of payments for the use of radio-frequencty spectrum during the period of New Ecoomic Policy, industrialization and collectivization, describes dynamics of the legislation development and how the society's and government's attitude to this phenomenon has been changing over times. Along with general research methods, the author of the article has also used the historical legal approach to analyze events happening during the period since 1918 till 1937. For the first time in the academic literature the author has described the main stages in the development of the legal regulation of paying for radio communication, has analyzed the main trends in the development of the legislative base and has compared the framework of legal terms and concepts used today and at the beginning of the XXth century. 
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