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MAIN PAGE > Journal "Legal Studies" > Contents of Issue є 03/2023
Contents of Issue є 03/2023
Ёкологическое и земельное право
Svetskiy A.V. - Legal Protection of the Marine Environment from Oil and Petroleum Product Spills pp. 1-12

DOI:
10.25136/2409-7136.2023.3.39944

EDN: FHIONT

Abstract: The article deals with social relations arising in the process of preventing and eliminating emergency oil and petroleum product spills in the marine environment. The danger of pollution of the marine environment by oil and petroleum products is reviewed, two major accidents related to the spill of oil and petroleum products are mentioned: the release of oil from the Exxon Valdez tanker and the Deepwater Horizon oil spill. The methods used to eliminate accidents in the Baltic Sea, as well as some features of this region, are considered. The special role of the Polar Code in the prevention of pollution of polar waters by oil and petroleum products is considered. The article also discusses the requirements for the prevention of accidental spills contained in international acts. The article notes that most of the existing international legal norms, as well as legal acts of national legislation, are aimed at ensuring compliance with the established rules for the transportation of oil and petroleum products, requirements for the operation of ships, their design features, as well as for the proper operation of equipment. It is necessary to eliminate gaps in legislation regarding the regulation of oil collection under ice in the polar region. It seems necessary to legislatively regulate the use of special means for monitoring oil spills. Legislation in the field of forecasting, accident prevention, as well as taking into account the natural features of the region of production and transportation of petroleum products needs further improvement
“рудовое право
Smirnova M.S., Listratov I.V., Yun D.A. - Legal Regulation of Qualification Requirements for the Teaching Staff of Higher Educational Institutions pp. 13-23

DOI:
10.25136/2409-7136.2023.3.40057

EDN: BLEWNV

Abstract: The subject of the study is the legal regulation of qualification requirements for the teaching staff of higher educational institutions in the Russian Federation. The authors discuss the main qualification requirements that apply to the positions of assistant, teacher, senior lecturer, associate professor, professor. Universities may introduce additional requirements when announcing a competition for positions, in most cases they are reduced to the applicant's compliance with a certain level of publication activity. The legal regulation of the requirements for the teaching staff of higher educational institutions is carried out in accordance with the norms of the Labor Code, the Law "On Education in the Russian Federation", the corresponding Order of the Ministry of Health and Social Development of the Russian Federation. The activity of the teaching staff is connected with the implementation of federal state educational programs, which also prescribe the requirements for personnel. As a result of the study, the specifics of the qualification requirements for scientific and pedagogical workers were revealed. The complexity of the professional functions performed by the teaching staff largely determines the existence of a fairly extensive legal framework regulating social and labor relations between an employee and an employer. The analysis of this legal framework indicates not only its multi-step nature and complexity, but also a certain instability. A number of qualification requirements have recently undergone significant changes. A certain obstacle to starting a teaching profession is the qualification requirements for the position of an assistant. The requirements for the teaching staff vary not only from position to position, but also vary depending on the institution of higher education.
Jurisprudence
Trokhov M.S., Koloskova O.A., Glazov I.D. - Civil law regulation of artificial Intelligence in the Russian Federation pp. 24-39

DOI:
10.25136/2409-7136.2023.3.39933

EDN: NKHQNM

Abstract: The purpose of this article is to identify the normative gaps in the legal regulation of the use of artificial intelligence technology and related systems, as well as to identify the degree of need for a more comprehensive legal regulation. The subject of the presented work is the problems of determining artificial intelligence technology through the prism of the legal system, namely: identification of problems related to the definition of the concept of artificial intelligence technology based on regulatory sources and legal doctrine, identification of the boundaries of existing regulatory and law enforcement of artificial intelligence technology, as well as determining the legal status of the technology presented, the definition of this technology in the system of civil law relations by comparative analysis of the properties of artificial intelligence technology with the properties of each of the elements of legal relations. In the course of writing the work, a methodology based on the collection of data on legislative acts and legal regulation, as well as analytics and comparisons in the field of artificial intelligence technologies was applied. The novelty of this article lies in the fact that it discusses the current topic of legal regulation and regulatory control over the development and use of artificial intelligence. The authors investigate the ethical aspects of using AI and compare various definitions of AI, including those adopted by the United Nations, the European Union and the Russian Federation. The authors conclude that the regulation of the use of AI in the legal context is an urgent and important problem that needs to be solved to protect the rights and freedoms of citizens and ensure safety and responsibility when using artificial intelligence technologies.
Law and order
Vinner E.R. - The Concept and Types of Crimes that form Illegal Transactions with Securities pp. 40-50

DOI:
10.25136/2409-7136.2023.3.40379

EDN: RELQGZ

Abstract: The author examines in detail such aspects of the topic as crimes that constitute illegal transactions with securities (Articles 185, 1851,185.3, 185.6 of the Criminal Code of the Russian Federation). The article substantiates the position according to which market manipulation and the misuse of insider information are only partially included in the system of crimes under consideration, since they relate to polyobject elements of crime, where various social relations (independent, non-subordinate) are combined into one norm of the law on criminal liability. A comparative analysis of the securities market and the investment market is carried out. The types of illegal financial transactions that exist on the securities market and are prohibited by criminal law are considered. The concept of crimes representing illegal transactions with securities is formulated. It is noted that the peculiarity of the crimes under consideration is, firstly, their blank nature, and secondly, the subject is information about securities. The novelty of the study is based on the analysis carried out. The following conclusions are formulated: 1) illegal financial transactions existing on the securities market and prohibited by criminal law include: firstly, transactions committed during the passage of the issue, leading to its invalidity or recognition as invalid (Article 185 of the Criminal Code of the Russian Federation); secondly, transactions that undermine the transparency of the market securities, which consist in violation of the rules of disclosure of information by evading or providing deliberately incomplete or even false information (Article 1851 of the Criminal Code of the Russian Federation); thirdly, operations related to price manipulation of Article 185.3 of the Criminal Code of the Russian Federation); fourth, operations based on insider information (Article 185.6 of the Criminal Code of the Russian Federation) 2) crimes that constitute illegal transactions with securities are understood to be acts that infringe on the procedure for conducting transactions with securities regulated by the state.
State institutions and legal systems
Volkov V.E. - Legal recognition of artificial intelligence technologies in the context of the constitutional values of the Russian state pp. 51-61

DOI:
10.25136/2409-7136.2023.3.40425

EDN: MVQFHJ

Abstract: The purpose of the article is to form approaches to the public legal regulation of artificial intelligence technologies. The subject of the work is the social relations that have developed in the field of legal registration of modern digital technologies of "weak" artificial intelligence - computer vision, natural language processing, speech recognition and synthesis, as well as intellectual decision support. The relevance of the research is determined by the need to bring the content of legal acts in line with the current level of information technology development. The work is based on a combination of general philosophical, general scientific and special methods of cognition Ц concrete historical analysis, formal legal (dogmatic) method, as well as the method of comparative jurisprudence. The author criticizes the anthropomorphic approach to understanding artificial intelligence, based on the analogy of technology with the human mind, implemented in the terminological apparatus of existing legal acts. It is proposed to limit the legal interpretation of artificial intelligence to a set of specific information technologies that can be used by a person in solving applied problems. The analysis of possible directions of constitutional and legal recognition of artificial intelligence technologies and the legal consequences of their influence on the implementation of the constitutional values of equality and privacy is carried out. The argumentation in favor of a combination of social and technical regulation of relations in the field of application of artificial intelligence technologies is proposed.
Human and state
Belikova K.M. - Does Russia need a fixed percentage of originality and the very originality of scientific papers: reflections of a lawyer pp. 62-104

DOI:
10.25136/2409-7136.2023.3.40421

EDN: MGAHSR

Abstract: The subject of research in this article is the search for answers to the following questions: if there is a need to fix the percentage of originality of scientific papers; can "new knowledge" be "born" when writing a dissertation that on 100% represents "quoting" of the works of other authors, is it legitimate, as recommended by the representative of "Anti-Plagiarism", to combine the indicators of the originality of the text and self-citation to fix the share of the author's text Ц as well as the establishment of the line between conscientious and non-conscientious self-citation, scientific analysis of the concepts of "originality", "independent scientific work", etc. To answer these questions, an analysis of relevant Russian and foreign legal and local regulations and doctrines is carried out. Special attention is paid to the practice of using similar to the "Anti-Plagiarism" systems abroad. During the study the author proceeds from the subjective-objective determination of processes and phenomena, using general scientific dialectical, historical, comparative legal, etc. methods of scientific cognition. As a result of the study it is concluded that the issue of plagiarism, on the one hand, becomes much broader and more complex than direct verbatim borrowings from scientific works of other authors, captured by the "Anti-Plagiarism" system used for some time in our country, and, on the other hand, requires a rethinking of the approaches prevailing in theory (doctrine) and practice to identify the "originality" by way of "Anti-plagiarism" system used in Russia and puts the question of ways to identify originality and requirements and methods, mechanisms and forms of its expression. There is a need thus for broad discussion, rethinking and finding consensus in society regarding: 1) the prevailing approaches in theory (doctrine) and practice to identify the "originality" by way of "Anti-Plagiarism" system used in Russia and the question of ways to identify originality, requirements for it and methods, mechanisms and forms of its expression, 2) intellectual property objects, in particular, copyright objects that must be subject to the openness regime based on ceasure of protection by copyright.
—емейное право
Kravtsov A.Y., Filimonov A.D. - Russia's State Family Policy: Analysis of Current Legislation and Problematic Issues pp. 105-118

DOI:
10.25136/2409-7136.2023.3.40114

EDN: QPSALH

Abstract: The subject of the study is the implementation of the state family policy in the Russian Federation, as an institution of family support, on the decent existence of which the functioning and development of any society and state directly depends. The authors consider in detail such aspects of the topic as the availability of a comprehensively elaborated regulatory framework as a foundation for the implementation of various measures laid down in the state family policy, including the provision of financial and economic measures aimed at supporting the family, as well as the preservation and strengthening of traditional family values (including countering the ideology of same-sex marriages, LGBT communities, childfree worldview, etc.). A special contribution of the authors to the study of the topic is the identification of legislative gaps in the regulation of certain types of family and legal relations, in particular in the regulation of marriage and family relations, countering the spread of same-sex marriages and sex change, as factors negatively affecting the strengthening and development of the family, the demographic situation in the Russian Federation. The result of the study is proposals to amend the current legislation of the Russian Federation regarding the grounds for refusal to register a marriage, invalidation of the marriage, as well as giving the prosecutor the authority to apply to the court with a statement of claim containing a requirement to recognize a marriage in which persons of the same sex are invalid. In addition, measures are proposed to strengthen counteraction to the propaganda of non-traditional views on gender identity (primarily among minors).
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