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The Death Penalty: its Formation and Historical Development in Tsarist Russia
The purpose of the article is to study the historical prerequisites for the institution of the death penalty, its formation and evolution in the criminal legislation of tsarist Russia in order to determine the essence of this institution, taking into account national characteristics, as well as the attitude of society towards it at different stages of the development of Russian statehood. A retrospective review of the main historical legal monuments reflecting the conditions of application of this measure of punishment has been carried out. Attention is drawn to the fact that changes in the attitude of the Russian legislator towards the death penalty in the arsenal of criminal repression measures were caused by such factors as the political regime, the change of ruler, the social, economic and criminogenic situation in the country, as well as religious and philosophical trends. The research uses general scientific methods of cognition (analysis, generalization, synthesis) and private scientific methods (historical, comparative law, logical law). A generalizing conclusion is drawn that as Russian society and the state developed, the use of the death penalty gradually tended to be rejected or restricted, which, according to the author, can be explained by the development of the legal system and the influence of humanistic ideas from the West.
The Old Testament Testimonies of the Mosaic Pentateuch on the Law of Ancient Egypt (Part III. Historical and Legal Aspects of the Biblical Narrative about the Life of the Prophet Moses and the Jewish People in Egypt)
This article is the third and final in a series of publications by the author, published in the journal "Economics. Law. Society," devoted to the historical and legal analysis of ancient texts of the Pentateuch of Moses as authoritative written evidence of the existence and functioning of individual state and legal institutions in Ancient Egypt. The chronological period of biblical history examined in this article spans several centuries and coincides with the period of Israel's stay in Egypt, as described in the Book of Exodus of the Old Testament. The article cites and examines fragments of the Pentateuch that provide insights into the state structure of the ancient Egyptian state, family and criminal law in Ancient Egypt, and other matters. The relevant fragments of biblical texts are compared with other sources of information on the law of this ancient Eastern state.
B. N. Chicherin's Perception of the Traditions of Legal Education Through the Lens of Spiritual and Moral Values
The preservation of the spiritual and moral values formed in the scientific environment of the university is possible only through the continuity of generations. The subject of this article is the value ideas of B.N. Chicherin in relation to the established traditions of Russian legal education. The purpose of this article is to provide a systematic analysis of the factors that influenced the formation of B.N. Chicherin's views in the context of the influence of the research atmosphere at the university. The research methodology is based on a dialectical approach, logical, comparative-historical, and problem-chronological research methods. The scientific novelty of the work lies in the fact that the article presents a new analysis of B.N. Chicherin's perception of spiritual and moral values that are still relevant today, such as serving one's country, mutual assistance, mutual respect, high moral ideals, and the continuity of generations. The article concludes that the preservation of national traditions in academic education should be considered as one of the key areas of higher legal education in Russia. The results of the study can be used in scientific and teaching activities.
Forming Moral Foundations in Entrepreneurial Activity: Convergence of Religious, Corporative and State Approaches
The subject of the research is the ways of forming moral foundations in entrepreneurial activity. The religious moral foundations of entrepreneurial activity and their implementation in the norms of civil legislation are presented. An approach to the classification of local acts aimed at forming rules of fair business conduct is outlined. Proposals have been formulated to adjust legislation and to organize business on the part of the state, with the aim of increasing the interest of entrepreneurs in the implementation of moral principles. In general, the formation of a moral foundation for entrepreneurial activity requires the interaction of government agencies, religious and corporate organizations.
The Evolution of the Concept of Autocratic Monarchy in Russian Social, Legal and Political Thought in the 15th–20th Centuries
This article analyzes the development of the concept of "autocratic monarchy" as a political and legal idea in Russian social, legal and political thought. In the context of the modern scientific search for original ways of developing Russian statehood, the study of this concept is becoming particularly relevant. Despite the extensive amount of research devoted to the Russian autocracy, historical and legal science still lacks a holistic theory describing its development taking into account the achievements of modern social sciences. The subject of the research is the monuments of Russian social, legal and political thought of the XV — early XX centuries, such as journalism, political treatises and legal literature. The research is conducted within the framework of the civilizational approach and the socio-cultural anthropology of law. As a result of the research, the author offers his own periodization of the development of the "autocratic monarchy" concept, which includes three stages, each of which is associated with certain historical challenges facing the Russian state. The first stage, responding to the institutional crisis of the legitimization of tsarist power, focused on the uniqueness and supreme nature of the sovereign's power. The second period formed the idea of the unity of the tsarist government and the people, as well as its ethicocentric character. The thought of the third period sought to combine the metaphysics of autocracy with the achievements of jurisprudence. This work contributes to the development of the theory of autocratic monarchy.
Vladimir Solovyov's Philosophy of Unity and His Doctrine of the State and Law (Part I)
The article provides a comprehensive analysis of the philosophical foundations of V. S. Solovyov's legal concept. The relevance of this research in modern conditions is substantiated, which is determined by three main factors: the search for new paradigms of legal understanding, the creative potential of Solovyov's ideas in solving controversial problems of our time in the context of the crisis of legal positivism, an original approach to solving global problems of our time, which encourage us to revisit those ideas about solidarity, responsibility and moral transformation of society, which constitute the core of V. S. Solovyov's political and legal views. The article consists of two parts. The proposed first part is devoted to the general philosophical foundations of Solovyov's teaching — the genesis of his system, the ontology and metaphysics of unity, sophiology and the doctrine of Godmanhood and their significance for the constitution of his philosophical and legal ideas. The main conclusions of the first part of the article are as follows: Solovyov's position is an attempt to find a "golden mean" between positivism and moralism. This position is defined in the article as fruitful, although it is not without difficulties. The main problem: How can we define the "minimum of goodness" that law should provide? The article concludes that this is not so much a flaw in his concept as the objective difficulty of the problem, which is unlikely to be solved once and for all.
The State Legal Tradition of Modern Russia
The article is devoted to the discussion of the problem of the formation of the state-legal tradition in modern Russia. The subject of the research within the framework of the article are the key provisions of the Constitution of the Russian Federation of 1993, which consolidate the foundations of the socio-political system of the country, and the research methodology is based on the application of the universal method of scientific knowledge, general scientific and special legal methods. The scientific novelty of the conducted research consists in the formulation of the problem of the formation of a stable state-legal tradition and the definition of its components. Based on the results of the research, the author comes to the conclusion that the state legal tradition forms a stable model of Russian statehood, which has absorbed into its content both the state legal experience of previous eras and generations (collectivist principles), and created new principles of functioning of the state and society. The modern principles of Russian state statehood include democratic legal principles, multiparty system, recognition and protection of individual rights and freedoms, separation of powers, as well as the supremacy and direct effect of the 1993 Constitution, which ensure stability and dynamism of socio-political development. According to the author, the state-legal tradition serves as a necessary condition for the development of the state and society and allows ensuring stability in the functioning of Russia as a state-civilization.
The Concept of Cyclic Normative Arrays in Law
The article continues the author's series of articles devoted to the doctrinal development of a relatively new phenomenon for the Russian legal system – cyclical normative arrays. It solves the scientific problem of defining the concept of these arrays. The urgency of solving this problem is explained by the development of atypical normative arrays in the legal system, called "cyclical", the practical need for their systematization and the increased interest of legal scholars in this legal phenomenon. In order to achieve the goal set by the author, the volume and content are highlighted in the structure of the defined concept. When determining the scope, an element of the legal system is chosen as the basic concept that determines the class of legal phenomena that are thought of in this concept, expressing the generic feature of this phenomenon – a group of related legal norms, a normative array. The content of the concept of cyclic normative arrays in law is represented by a set of essential and specific features of this phenomenon, necessary and sufficient to distinguish the arrays in question from other normative formations in law. The article highlights the substantial, procedural, and functional properties reflecting the specifics of cyclic normative arrays. Attention is focused on such features as the heterogeneity of social relations regulated by cyclical normative arrays in law, the existence of a core and periphery in the structure of these arrays, the genesis of these arrays, as well as their atypical nature among other elements of the legal system. The result of the scientific search was the definition proposed by the author of the concept of the phenomenon in question, in which the studied fragment of state-legal reality is reflected in a simplified and schematized manner. The identified features of cyclical normative arrays in law are reflected in it through the formation of a theoretical abstraction, which made it possible to avoid the excessive cumbersomeness of the proposed definition.
The Constitutional Model of Russian Legislation
This article examines the issues of identification and doctrinal characteristics of the constitutional model of Russian legislation, presents a sketch of the program for studying this model and the experience of its practical implementation. The reasons for scientific research in this direction are shown, consisting in expanding scientific knowledge about Russian legislation and, to a certain extent, about the legal system of the Russian Federation, which has not only theoretical but also applied significance, the "points" of its application in activities to improve Russian legislation, its reform, modernization and adaptation to new conditions are outlined challenges and threats. The most significant properties and features of the considered model are identified and disclosed, reflecting its essential, structural and functional sides, and the conclusion is substantiated that by its nature it is complex, open, dynamic and homomorphic. Among other things, it is characterized by being equipped with "anti-crisis settings", as well as the permissibility of using the method of legal experiment in legislative regulation. The considered model has significant stability, reflects the fundamental legal principles and provisions of a programmatic nature, the constitutional characteristics of the Russian state, the role and functions of the law in legal regulation, a rigid hierarchy of normative legal acts and the mobility of criteria in determining the subject of legislative regulation, domestic traditions and innovations in the field of structuring legislative arrays, systematization of legislation, ensuring its constitutionality.
Denunciation of International Agreements in the System of Modern Law as a Political and Legal Instrument and Its Impact on National Legal Orders
The subject of this study is the phenomenon of denunciation of international agreements, in particular European conventions, including the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Convention against Torture. The authors aim to consider denunciation not as an isolated political act, but as a phenomenon that has a systemic impact on the legal order and international relations. The methodological basis of the study is comparative legal and institutional analysis, as well as elements of political and legal discourse, which allow us to identify the motives of states, their strategic calculations, and the consequences of withdrawing from international obligations. The scientific novelty of the work lies in the fact that denunciation is considered for the first time in the context of a political and legal instrument, and not only as a technical legal mechanism. The analysis concludes that, first, denunciation is an instrument of political positioning; second, its consequences are not only legal but also symbolic; and third, domestic legal systems are forced to adapt to the changed architecture of international obligations. Overall, the work aims to show denunciation as part of a broader strategy of states to balance sovereignty and inclusion in international law.
On Some Issues of Judicial Practice on Termination of Obligations by Offset
This article discusses a number of topical issues related to such a way of termination of obligations as offset. These issues are considered in connection with the analysis of correspondent court practice the resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 "Upon some questions of application of norms of Civil Code of Russian Federation upon termination of obligations" dated June 11, 2020. In particular, the issue of conditions of offset, moment of offset, etc. The work uses general scientific and special research methods, including the method of analysis and synthesis, generalization, formal-logical, systematic, comparative, etc. As a result of the analysis carried out in the work, it was concluded that there are sufficient grounds for applying, on the basis of existing legislation and materials of judicial practice, the presumption of causing moral harm to the victim in the event of any violation of his rights. Regarding the possibility of singular and universal succession with respect to the claim for compensation for moral damage, it is concluded that such succession is possible not only in relation to compensation for moral damage established by a court decision that has entered into force, but also by an out-of-court agreement on compensation for moral damage caused to the victim.
The Modern Concept and Legal Nature of the Statute of Limitations
The institution of limitation period is of fundamental importance for the implementation of civil law relations. Like any other period, the limitation period is primarily temporal in nature, since the realization of the rights and legitimate interests of various persons within the framework of the statute of limitations is primarily temporary and depends on the passage of time. Interest in the statute of limitations institute as part of the study of its scientific potential can be traced back to the time of Roman law, this institute was interesting for the study of civilists of the pre-revolutionary and Soviet periods. The study of the concept and legal nature of the statute of limitations has not lost its relevance in the modern period, since the legal definition of the statute of limitations set forth by the legislator has been repeatedly questioned. The article examines the different views of modern civil society not only on the definition of the statute of limitations, but also its legal nature, its significance and definition as a legal fact, and defines the institute's relevance to substantive or procedural norms. The relevance of studying the statute of limitations also lies in the fact that within the framework of the implementation of this institution, a person whose rights have been violated can defend his right, and a person who has violated the right of another person, after the expiration of the right of claim, can defend himself from the claim.
Protecting Deceived Sellers or Bona Fide Purchasers: Whose Side the Supreme Court Will Choose
The idea of writing this article was inspired by the information that has flooded the Russian media about the situation in the secondary real estate market: after receiving money from buyers, apartment sellers are claiming that they were under the influence of phone scammers at the time of the sale, and they are refusing to vacate the apartments they have sold and are demanding that the contract of sale be declared invalid in court, as the money received from the sale of the apartment was fully transferred to the scammers. However, the courts are often making decisions in favor of the sellers who have been deceived by the scammers, ignoring the interests of the buyer. This scheme was so widespread that it involved a well-known Russian singer, L. A. Dolina. The court, represented by all three judicial institutions, also defended the singer's interests. Based on the study of court practice materials, the author analyzes the current situation and concludes that Russian courts incorrectly interpret and apply the norms of Russian civil legislation on the invalidation of transactions, and do not adequately protect the rights of bona fide purchasers of residential premises.
Historical Aspects of the Development of the Institute of Inquiry in Russian Criminal Proceedings
The article examines issues related to the history of the institution of inquiry in Russian criminal procedure legislation. There are four main periods of the development of the institute of inquiry in Russia, closely related to the evolution of statehood and criminal procedure legislation, namely the pre-revolutionary, Soviet, early Russian and modern Russian periods. It is pointed out that the fundamental legislative differentiation of inquiry and preliminary investigation occurred during the reform period associated with the adoption of the Statute of Criminal Proceedings, which resulted in the removal of the preliminary investigation from the competence of the police and its transfer to judicial investigators, as a result of the separation of the police function of inquiry from the judicial function. Attention is paid to the protocol form of pre-trial preparation of case materials that existed in the Soviet period and proved itself positively, from which, according to the author, the idea of modern shortened pre-trial proceedings subsequently developed. It is concluded that historically the institution of inquiry developed from non-procedural police activities, and after the codification of legislation of the Soviet period, inquiry in modern criminal procedure law of Russia was consolidated as an independent form of preliminary investigation along with the investigation.
Classification of Criminal Legal Signs of Restriction of Freedom, Appointed as an Additional Punishment to Imprisonment, and Features of Establishing Malicious Evasion from Serving This Type of Punishment During the Investigation
The article provides statistics from the Judicial Department of the Supreme Court of the Russian Federation on the number of persons sentenced to imprisonment, on additional punishment in the form of restriction of liberty, added to the deprivation of liberty. Verified percentages are given indicating the number of convicts under Part 1 of Article 314 of the Criminal Code of the Russian Federation for 2020–2024. 53 of the Criminal Code of the Russian Federation), their author's classification is given: mandatory and optional are distinguished. The content of conditional and unconditional violations of the order of serving a sentence in the form of restriction of freedom, defined by legal norms, is revealed. Based on the legal norms and the Resolution of the Plenum of the Supreme Court of the Russian Federation, the definition of a convicted person who has maliciously violated the procedure for serving a restriction of freedom and is subject to criminal liability is derived. The characteristics of such subjects and their attitude to the execution of punishments, including the previous one, are briefly given. Attention is drawn to the problems of reviewing reports of a crime, the search for those who evade serving their sentences, the conduct of an inquiry, shortcomings are noted, and recommendations are made to intensify the investigation. Based on the generalization of practice, the situations that should be resolved when considering criminal cases under Part 1 of Article 314 of the Criminal Code of the Russian Federation in court are presented. In conclusion, the author's attitude to the type of punishment under consideration, its expediency, and proposals aimed at improving the effectiveness of correctional officials, penal enforcement inspections (branches), interrogators, and heads of defense departments are presented in detail.
Application of the Results of Control and Supervisory Activities in Criminal Proceedings
In the process of performing their functions, employees of regulatory bodies may detect objective and subjective signs of offenses. The combination of these signs often serves as the basis for recognizing acts as criminal. The article considers current issues related to the use of the results of control and supervisory activities at various stages of criminal proceedings. Attention is paid to the analysis of legal and organizational aspects of the application of the results of control and supervisory activities in criminal proceedings. The process of using the results of control and supervisory activities in criminal proceedings plays an important role in strengthening the legal order and maintaining public safety. The need for proper accounting and use of the obtained data to ensure the legality and effectiveness of the preliminary investigation, as well as the integration of the results of control and supervisory activities into the criminal proceedings system to increase its transparency and fairness is noted.
On the Role of Blockchain Technology in Criminal Process
The subject of this research is the role of blockchain technology in the criminal process. Given the widespread use of scientific and technological achievements in all areas of society, the potential of blockchain technology is analyzed. The author examines the capabilities of blockchain technology and the prospects for its integration into domestic criminal proceedings in more detail. The research analyzes the scientific works of scholars in the field of criminal law on the topic under study. The author emphasizes that the implementation of blockchain technology in criminal procedure legislation will ensure transparency in the actions of participants in the criminal process. The article substantiates the role of blockchain technology in creating an electronic criminal case. It also examines the experience of using this technology in China. The article proposes integrating blockchain technology into the video surveillance system used in crowded areas. Additionally, the article analyzes court cases that have recognized electronic information carriers as evidence. The article identifies legal barriers that hinder the current use of blockchain technology. The author, having analyzed official statistical data on the number of registered reports of crimes committed using information and telecommunication technologies, as well as scientific works by scholars, argues for the need for a timely transformation of criminal proceedings. The article employs general scientific methods of knowledge acquisition.
Proving and Assessing Damage to Information Infrastructure
In the context of the rapid digitalization of society and the economy, information infrastructure, including critical facilities, is of paramount importance for the stability and security of the state, as well as for the continuity of large businesses. Cybercrime, as a threat to this infrastructure, poses a serious challenge to national and international law enforcement systems. The key aspect in countering cybercrime is the concept of "harm to the information infrastructure", defining its boundaries and developing effective mechanisms for establishing and proving the fact of causing such harm. This article is devoted to a comprehensive analysis of the legislative regulation of the concept of "harm to information infrastructure" in various jurisdictions. In particular, the regulatory acts of Great Britain, Vietnam, China, Malaysia, Singapore, the United States of America, and the European Union countries in this area have been analyzed. The paper will address problematic issues that arise when establishing and proving the harm caused by cybercrimes to objects of critical information infrastructure, using scientific sources, regulatory legal acts and examples from judicial practice.
Admissibility of Electronic Evidence Obtained as a Result of Research and Learning Activities on the Internet
The article is devoted to the study of the problem of using information obtained in the course of search and cognitive activity on the Internet (OSINT) as admissible evidence in court proceedings. The author analyzes legal, technical and procedural aspects, examines both Russian and foreign approaches. Particular attention is paid to the criteria for the legality of information collection, including requirements for the "technical purity" of methods and the ethical assessment of the search process. The author considers the problem of reliable fixation of dynamic digital content. The issue of the insufficiency of simple screenshots is raised and the need to use cryptographic means of confirming time and data integrity (in particular, protocols such as RFC 3161) is justified. A comparative legal analysis of approaches to regulating the collection of open data in various legal systems has been carried out: the "open fields" doctrine in the United States, the Data protection Regulation in the European Union (GDPR) and a mixed approach in India. Based on the analysis of Russian practice, key shortcomings of current regulation have been identified, leading to the frequent need to appoint forensic examinations to verify electronic evidence. In conclusion, the conclusion is formulated about the need for comprehensive improvement of the legislation of the Russian Federation and the introduction of technical standards for the integration of OSINT tools into the evidence-based process.
The Possibility of Joint Ownership of the Exclusive Right to a Trademark
The observed increase in the number of trademark applications indicates that there is a high demand for the intellectual property object in question among applicants, most of whom are business entities. The variety of business forms requires appropriate legal regulation in terms of relations related to the emergence and use of the exclusive right to a trademark, taking into account the current market situation. The problem of joint ownership of the exclusive right to a trademark is related to the impossibility of two or more persons having an exclusive right to the means of individualization in question due to the positions of administrative and judicial authorities, while such a prohibition is not explicitly provided for in civil legislation. The model of joint ownership of the exclusive right to a trademark may be relevant for entrepreneurs engaged in joint economic activities. The object of the study is the legal relations related to the emergence of the exclusive right to a trademark from two or more persons. The subject of the study is the analysis of Russian civil legislation regarding trademarks, as well as law enforcement practice on this issue. The methodological basis of the research consists of general scientific research methods (analysis, synthesis, comparison) and special methods of legal cognition (formal legal, formal logical). The study found that law enforcement practice recognizes the collective mark model as the only form of joint ownership of the exclusive right to a trademark, but this model cannot be recognized as a full-fledged form of joint ownership of the exclusive right to a trademark due to significant restrictions on the disposal of the exclusive right to this object, as well as the presence of a collective mark in fact one the copyright holder in the form of an association of persons in the form of an association or union, this does not correspond to the classical model of joint ownership of the exclusive right. As a conclusion, it is proposed that article 1484 of the Civil Code of the Russian Federation explicitly states the possibility of joint ownership of the exclusive right to a trademark, according to which the exclusive right to a trademark may belong to two or more persons.
Actual Problems of Legal Protection of Three-Dimensional Trademarks
The paper is devoted to the analysis of the key problems that arise when registering such an unconventional type of trademark as a three-dimensional trademark, as well as the main grounds for refusing registration of these three-dimensional designations. The purpose of the study is to identify the most pressing problems in the registration of large-scale trademarks, as well as ways to overcome them, by analyzing legislation and existing judicial practice. The methodological basis of the research consists of general scientific and legal methods. General scientific methods include synthesis, analysis, induction, deduction, comparison, abstraction, analysis and synthesis, analogy. Legal methods include formal legal and comparative legal analysis. The results of the study highlight the key problems that arise during trademark registration, in particular, the three-dimensional designation applied for registration indicates the type of product, has a functional or traditional form. General recommendations aimed at preventing problematic situations are proposed. Thus, this work can serve as a practical guide for persons wishing to register their three-dimensional trademark and overcome the grounds for refusal under paragraph 1 of Article 1483 of the Civil Code of the Russian Federation, as well as prove the distinctiveness of their three-dimensional designation.
Features of Legal Protection of Trademarks Including Names of Geographical Objects
The inclusion of geographical feature names in trademarks is a common practice due to the fact that manufacturers thereby seek to enhance the reputation of their brand in the market. However, the registration of such designations as trademarks has its own peculiarities related to the application of grounds for refusal stipulated in civil legislation. The relevance of the research topic is related to the growing popularity of regional brands caused by the policy of import substitution in the Russian Federation. The object of the study is the legal relations related to the legal protection of trademarks, including the names of geographical objects. The subject of the study is civil legislation regarding the legal protection of trademarks and law enforcement practice on this issue. The methodological basis of the research consists of general scientific research methods such as synthesis, analysis, comparison, as well as a special method of legal cognition – formal legal. As part of the study, it was found that when designations including names of geographical objects are registered as trademarks, the conformity of the designation with criteria such as the absence or presence of distinguishing ability, the ability of the designation to mislead the consumer about the place of production of goods, as well as similarity with the names of the places of origin of goods and geographical indications, taking into account the list submitted for registration products. As a result of the study, it can be concluded that the application of grounds for refusal in relation to designations that include names of geographical objects is probabilistic, which requires uniformity of law enforcement practice.
Issues of Legal Qualification of Results of Intellectual Activity of Artificial Intelligence on the Example of Copyright: National and International Aspects
The creation of intellectual property by artificial intelligence raises a number of complex issues related to its legal classification, rendering this area a subject of pressing scholarly inquiry. In the contemporary context, it is essential not only to determine the legal status of intellectual property generated autonomously by artificial intelligence or with its assistance, but also to uphold the foundational principles of law, emphasizing the possibility that authorship can be attributed solely to a natural person. This study explores the position of artificial intelligence within the framework of social relations and examines how this positioning influences the legal qualification of intellectual property outcomes. Furthermore, the research evaluates the extent to which these issues are regulated both at the national level and in the jurisdictions of foreign states, thereby providing a broader perspective on the matter. The object of investigation is the legal relationships concerning copyright ownership over intellectual property produced by artificial intelligence, while the subject matter centers on the analysis of legislative provisions and judicial practice within both domestic and foreign legal systems regarding the attribution of authorship in such cases. The methodological foundation of the study encompasses both general scientific and legal methods, including comparison, abstraction, analysis, synthesis, and deduction on the one hand, and formal-legal and comparative-legal analysis on the other. The results of this work include an analysis of the relevant legislation of the Russian Federation alongside judicial practice in foreign jurisdictions – specifically, the United States of America, European Union countries, Asian states, and Australia. Additionally, general recommendations aimed at enhancing the national legislative framework are proposed. From a practical standpoint, there appears to be relative uniformity concerning the determination of authorship for intellectual property created by artificial intelligence; however, notable exceptions exist, such as a precedent-setting case in Australia. Thus, this study holds tangible practical significance, as it highlights, through foreign judicial examples, the necessity of introducing legislative amendments within the domestic legal system.
Features of Consumer Protection from the Adverse Effects of Internet Technologies
The main focus of the work is on the conceptual analysis of issues related to consumer protection of electronic commerce (e-consumers). The experience of a number of economically developed countries in the field of ensuring adequate consumer protection in modern conditions of accelerated development of electronic commerce in general and a steady increase in the number of electronic transactions is analyzed. Logical, comparative, empirical, descriptive and others were used as the main methods of cognition during the research. In the course of the study, in particular, it is noted that the protection of the rights of electronic consumers is a collective responsibility, but the main part of it lies not only with consumers themselves, but primarily with government authorities in each country, and therefore it is advisable for these authorities to focus on supporting enterprises in creating consumer-friendly models of electronic transactions. They comply with the standards established by law, while actively promoting and distributing the law among commercial organizations and individuals. It is also concluded that consumer protection is always evaluated in parallel with the socio-economic development of the country, the development of each individual and business organization, therefore consumers play a huge role, are an important factor creating the success of individuals, business organizations in particular and the economic development of the country as a whole.
On the Issue of the Basic Principles of Building an Administrative Architecture for Ensuring Information Security
The authors conducted an assessment of current scientific research in the framework of the considered problematic field of information security. The elements that make up the subject of information security are considered, these elements are given the necessary characteristics. The methodological basis of the research is represented by such universal and general scientific methods of cognition as analysis, dialectical and logical methods, structural and functional method, as well as special legal research methods, namely, formal legal and systemic structural methods. The authors conclude that the architecture of the information security system is primarily a coordinated administrative interaction of the main public entities applying legal, administrative, cryptographic and other measures to protect information security.
Legal Framework and Practice of Issuing Digital Financial Assets in the Information Systems of DFA Operators
The article presents the results of a study on a new digital tool – digital financial assets (DFAs). Although the legislation provides for the possibility of issuing four types of DFAs, currently only one type is being issued in the information systems of DFA operators – DFAs that include monetary claims. Entities issuing DFAs are granted broad opportunities to shape the terms of the issuance decision, and the practice of issuing DFAs demonstrates a variety of their types depending on the established issuance conditions. The aim of the research is to analyze the practice of issuing DFAs in the information systems of DFA operators. An original author's classification of DFAs is proposed. The obtained results are aimed at ensuring a better understanding of the legal and economic essence of this digital asset.
This article examines the institute of fair Use in the context of the modern development of digital technologies and artificial intelligence. The methodology of comparative law analyzes the historical prerequisites for the formation of this principle, its development in the American legal system through judicial precedents and legislation, as well as comparison with Russian legislation, where there is no such concept. The scientific novelty of the work lies in a comprehensive analysis of modern challenges related to the use of copyrights in the digital environment, including in the training of artificial intelligence, as well as the proposal of ways to modernize Russian legislation and expand the categories of free use. The conclusions emphasize the need to adapt the legal framework of the Russian Federation to the new conditions, which will ensure a balance between copyright protection and innovation development.
Legal Problems Related to the Conclusion of Contracts in the Digital Environment and Ways to Minimize Them
The article is devoted to the study of legal problems arising in the conclusion of civil-law contracts in the digital environment and to the development of legal means for their minimization. Modern methods of exchanging declarations of intent in digital space are characterized by the absence of a unified legal standard. The subject of the research includes the features of forming, expressing, and recording the will of the parties when concluding digital transactions, their legal qualification, the evidentiary force of electronic documents, and the mechanisms for allocating risks. The methodological basis comprises dialectical, formal-legal, comparative-legal, systemstructural, and logical-deductive methods, which made it possible to view the digital contract as an integration of legal and technological processes. The analysis reveals key contradictions between the principle of autonomy of will and the automated nature of contract conclusion, as well as between the technical speed of performance and the need for legal guarantees of authenticity. The scientific novelty lies in the substantiation of the concept of a presumption of authenticity of digital evidence when using certified platforms and in the formulation of the principle of digital equality of the parties, which ensures the protection of participants who do not control the platform’s architecture. The conclusions emphasize the necessity of systematically combining legal and technological instruments to establish a stable regime of digital civil turnover and to strengthen trust in electronic transactions.
Abandonment of the Legal Regime of Territorial Development Zones in the Russian Federation in Terms of the Actual Recognition of the Imperfection of Their Organizational and Legal Model (Part II)
In this work, a scientific attempt is being made to retrospectively study the essence of the special legal regime of territorial development zones in the context of its comparison with the special legal regimes of other similar types of territories already familiar to Russian legislation and domestic scientists. The author highlights a number of specific law enforcement issues regarding exactly how the federal law on the above-mentioned types of zones should have and could have "worked" in principle in the situations identified separately in the text of this article. The author appropriately draws attention to some of the objective reasons for the rejection of the legal regime of territorial development zones and emphasizes the rather long-term preservation of these reasons. The article analyzes the current and, at the same time, rather ambiguous practice of the intensity of the establishment of alternative special territorial legal regimes in those regions of the Russian Federation where previously territorial development zones could legally be created. This article also draws reasonable conclusions about the certain controversy of the repeatedly stated thesis about the total success of replacing territorial development zones with other types of territories with special legal conditions for economic activity in Russian regions, which have been experiencing insufficient or completely absent rates of development for a long time.