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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 11/2022
Contents of Issue № 11/2022
History of state and law
Berezina O.B. - Administrative and Legal Mechanisms of Patent and Licensing Work in the USSR in the First half of the 1960s (on the Materials of the GANO) pp. 1-16

DOI:
10.25136/2409-7136.2022.11.39127

EDN: EFFXYT

Abstract: The subject of the study is the insufficiently studied problem in the historical and legal science of the state-legal regulation of the processes of patent and licensing activities in the USSR, and especially the administrative and legal mechanisms of the formation of this activity in the first half of the 1960s. It was during this period that the Soviet State began to actively pay attention to the issues of patent protection of industrial products exported and the organization of patent business within the country. The paper investigates archival materials of the Novosibirsk region, which allow describing administrative and legal ways of organizing patent work on the example of the West Siberian State Farm. The purpose of the study is the analysis of administrative and legal acts of state authorities of the USSR of 1961-1965, which allows to expand the range of knowledge about the organization of patent and licensing activities in the USSR, to identify its rational elements, which in the future could be used in modern conditions in an updated form. In the course of the study, the formal legal method, traditional for historical and legal science, was used, which allowed interpreting the content of the legal prescriptions under study by describing the norms of law, establishing legal signs of patent and licensing activities in the period under study. System-structural methods of analysis made it possible to isolate the elements of the organizational and legal structure of patent and licensing work in the USSR in the first half of the 1960s. The analysis of the sources allowed the author to conclude that in 1960-1965 in the USSR there was the formation of a system of patent and licensing work, the main purpose of which was the protection of state interests in the field of invention. The organizational basis of the activity consisted of patent divisions of research institutes, patent examination groups, as well as patent divisions of enterprises and organizations. The main mechanisms of the organization of patent and licensing activities were based on the directive and instructional provisions of the Committee for Inventions and Discoveries of the USSR.
Семейное право
Purge A.R. - Comparative Legal Analysis of the Legal Regulation of Surrogacy in the Russian Federation and CIS Countries pp. 17-31

DOI:
10.25136/2409-7136.2022.11.39258

EDN: UFNVPT

Abstract: The subject of the study is the regulatory and legal provisions of the surrogacy in the Russian Federation, Ukraine, the Republic of Belarus and the Republic of Moldova. The object of this study is the concept and essence of surrogacy as a method of assisted reproductive technologies in accordance with the current legislation of the Russian Federation and the CIS countries under consideration. The methodological basis is represented by a set of methods of scientific cognition of objective legal reality applied in the course of preparation and writing: comparative analysis (also known as the comparative legal method), as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling.   The article discusses the main provisions of the institute of surrogacy of the Russian Federation and the CIS countries in a comparative legal aspect. The main normative legal acts fixing the general provisions on surrogacy in the CIS countries are outlined. The concept of surrogate motherhood is considered, its main features are outlined. The list of subjects entitled to apply for surrogacy services is indicated. The concept of a surrogate mother is considered and the main criteria for her are indicated. The scientific article highlighted the main problems existing in Russian surrogacy. Conclusions were drawn about the need to introduce certain provisions of the legislation of the CIS countries into the Russian legal reality in order to improve domestic legal regulation.
Transformation of legal systems
Vronskaya M.V., Semkina T.A. - Inheritance of Digital Financial Assets: Current Problems and Development Prospects pp. 32-44

DOI:
10.25136/2409-7136.2022.11.39102

EDN: VHZOPC

Abstract: The subject of the study is the legal relations arising in connection with the turnover of digital financial assets in the context of determining the prospects for further improvement of their legal regime. The purpose of the study is to determine, on the basis of legislation, scientific materials and law enforcement practice, the range of legal problems arising in connection with and about the inheritance of digital financial assets, and to establish possible ways to overcome them. The methodological basis of the research is a set of methods of scientific cognition of objective legal reality, namely: the method of synthesis, the method of analysis, the method of induction and the method of deduction, as well as the comparative legal method.   The scientific novelty lies in the absence of doctrinal studies on the inheritance of digital financial assets, along with the fact that the needs of the professional environment are already experiencing the need for a legal mechanism for the implementation of the rights of heirs to digital property. In the content of the scientific article, based on the analysis of the current legislation, a range of legal problems affecting the possibility of their application within the framework of hereditary legal relations is defined, in particular: the dualism of the material-binding nature of digital objects does not allow to determine the composition of the hereditary mass; the order of inheritance of such objects is not normatively defined. The study identifies the prospects for legislative regulation, ways to eliminate legal problems, including on the basis of the experience of foreign law and order. The conclusions and results of the study can be used as a basis for the development of methodological recommendations of the Federal Notary Chamber of the Russian Federation regarding the determination of the order of inheritance of digital property.
Practical law manual
Antipova K. - Issues of Legal Qualification of Big Data as Digital Assets pp. 45-61

DOI:
10.25136/2409-7136.2022.11.38928

EDN: VYZDVX

Abstract: The article examines the legal nature of digital assets and big data, provides a classification of digital assets, and provides a comparison and analysis of digital assets and big data. The article defines the concept and features of digital assets. The subject of the research in this article is the legislation of the Russian Federation in the field of artificial intelligence, digital assets, the legislation of the European Union in the field of big data regulation, the judicial and arbitration practice of the Russian Federation in the field of personal data, regulatory legal acts, acts of state regulation of the Russian Federation and foreign countries in the field of data processing, use, transmission and legal doctrine in the field of research on the nature of digital assets and big data. The relevance of the study is due to the fact that in Russia there is no conceptual unity in relation to digital assets and big data, the correlation of these concepts has not been fully investigated. The purpose of the study is to clarify the qualification of big data as digital assets. The objectives of the research are to define the concept and features of digital assets and big data, the relationship between the concepts of digital assets and big data, and the definition of ways to qualify big data as digital assets. As a result of the study, the concept and features of digital assets are defined, the concept and features of big data are defined. Digital assets are defined as a collective category of objects characterized by signs of digital form, virtuality of the nature of the asset, turnover, economic value, extraterritoriality. The conclusion reflects that big data can act as a digital asset, if the result of big data matches the characteristics of digital assets.
Berdnikova A.A. - Legal Regulation of State Financial Support for Agricultural Producers on the Grain Market of the Russian Federation pp. 62-73

DOI:
10.25136/2409-7136.2022.11.39199

EDN: VRJOSB

Abstract: Author studies the measures and programs of state financial support provided to agricultural producers, as small and medium-sized businesses, in the grain market of the Russian Federation, and make proposals for its optimization. During the study were used methods of analysis, synthesis, generalization and formal legal thinking. As result of the research author concludes that financing of small and medium-sized businesses in Russia is still developing with significant state support. Agriculture, due to its characteristics, is subject to increased state regulation. As a result of the study, it is noted that today there are indeed many stimulating and compensatory measures of state financial support. However, there are a few problems in the implementation of this mechanism. As a result of the study, measures are proposed to improve the mechanism of financial support and increase the availability of financing for agricultural producers, in particular regions and remote areas. The theoretical and / or practical significance is determined in the generalization, conclusions and proposals that can be used for subsequent work in the direction in order to improve this institution, as well as in rulemaking by the legislative bodies of the government of the Russian Federation. The novelty of the work lies in the proposal to conduct a diagnostic study of the state of financing of agriculture, in particular grain markets, with a view to the possible implementation of some successfully implemented financing programs. As conclusion, author presented proposals for improving state support measures to increase the availability of financing for agricultural producers, in particular the regions and remote areas of the country.
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