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ECONOMICS. LAW. SOCIETY

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No 4 (2022)
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DIGITAL TECHNOLOGIES AND DIGITAL LAW

7-14 564
Abstract

The article reveals the legal nature of digital rights based on the analysis of the provisions of Japanese national legislation and international doctrinal sources, gives a brief description of the features of the legal regulation of digital rights in Japan, reveals the relationship between the concepts of digital rights and rights in the digital environment. In the course of the study, the authors use a combination of dialectical general scientific methods of cognition with private scientific methods characteristic of research in the field of jurisprudence: comparative legal, technical legal, formal logical. The novelty of the study is due to a comprehensive approach to the consideration of the implementation of digital rights in various fields of activity. In particular, the inalienable rights to personal data protection are considered, among other things, in the context of digital healthcare, the use of virtual digital platforms, the interaction of consumers and entrepreneurs in the digital environment, etc. In the course of the study, the authors address the issues of preferential taxation of investment entities related to the digital transformation of the economy, as well as the creation of legal mechanisms to ensure digital rights in the exchange and trade of crypto assets. The results of the study can be used as a basis for developing proposals for changing Russian legislation regarding the implementation and enforcement of digital rights (in the narrow (industry) meaning of this term), as well as used to identify the universal nature of digital rights and determine the mechanisms for their enforcement within the framework of more.

15-19 459
Abstract

This article discusses the features of the legal regulation of virtual and augmented reality objects. Special attention is paid to aspects related to copyright protection virtual objects. The author notes that current technologies are developing very quickly. Virtual and augmented reality have become our daily routine. Unfortunately, legal science and legislation do not keep up with reality, and copyright protection problems in virtual world have not been practically settled at the moment. In practice, the turnover of virtual objects is subject to disputes. The applicable provisions of "real" legislation do not fully correspond to the specifics of the virtual world and it`s objects. This makes necessary to reform the current legislation in order to introduce the norms relating specifically to virtual objects. The article discusses the features of virtual objects, shows the importance of special regulation of these objects and the impossibility of using existing norms for such regulation. The methods that can be used in the current situation, when special regulatory measures have not yet been stipulated, are also disclosed. Anyway their development will take quite a long time, where more problems associated with the use of virtual objects can arise.

26-30 277
Abstract

Due to the active development of information and telecommunication technologies, Internet commerce increases its turnover every year. In this regard, in this sector of commercial activity, new phenomena and social relations arise that require special consideration and legal regulation. One of the little-studied aspects of online commerce is the introduction of secure transaction services – escrow services, which have become highly popular in Western countries. The author analyzes the provisions of the current legislation that define the legal nature and the concept of escrow as a way to ensure the fulfillment of obligations under a sale and purchase agreement concluded remotely on the Internet. The article also discusses some of the features of the legal regulation of secure transactions escrow services, which are gradually gaining popularity among various online stores in Russia. The author comes to the conclusion that escrow has significant advantages over traditional payment methods and can be widely used in various industries, in particular in the online market.

20-25 511
Abstract

The article observes the issues related to the legal status of artificial intellect intellectual property rights to objects created with it`s help. Currently, the development of artificial intellect has reached a level which lets to create different objects – databases, various developments and even art. At the same time, the issue of legal protection of copyrights to such objects has not yet been resolved. In fact, the current Russian legislation does not consider the possibility to recognize the artificial intellect as the author of the computer program artificial intelligence. In this regard, the question arises who exactly will be considered as the author of the created work: the creator of the program, its user, or in general, this work cannot act as an object of protection. The legislators of foreign common law states have come to the conclusion that it is necessary to recognize the authorship of the creator of the program. This is a debatable solution, but it has a right to exist. Modern legal thought comes to the conclusion that it is necessary to endow systems of artificial intellect with legal personality. Such a solution will let to many problems and will allow to more clear regulation of the procedures taking place in modern society.

31-35 281
Abstract

The article touches upon the problem of introducing information technologies into the contractual component of railway transportation of goods. The author has established that the freight contract is made in a simple written form and may have an electronic expression. The relevance of the research topic is determined by the fact that currently there are no legislatively established forms for such transactions using smart contracts. The paper considers both the positive and negative effects of the use of electronic data exchange systems on a digital platform using blockchain technologies in the conclusion of electronic contracts in railway transport. The subject of the research is the norms of the civil legislation of the Russian Federation, materials of legal literature in the field of cargo transportation and digital legal relations between the relevant subjects. The methodological basis of the study was the historical method (development of an automated logistics system in railway transport); methods of analysis, synthesis and comparison (when considering different points of view regarding the form of concluding a contract for the carriage of goods); formal legal method (when formulating basic concepts: smart contract, electronic contract, etc.).

CIVIL LAW

36-46 194
Abstract

Due to the appearance of such a phenomenon as a business accelerator in the Russian legal reality, questions about the legal qualification of this legal phenomenon and, in particular, the question of the possible attribution of the business accelerator to objects or subjects of law inevitably come to the fore. The answer to this question is the key one within the framework of the legal regulation of the business accelerator, since it determines the ability to exercise rights and bear responsibilities, as well as the ability to be an independent participant in legal relations that develop within the framework of the acceleration program. On the one hand, the business accelerator has the characteristics of a property complex, which may have an appropriate legal regime, on the other hand, the actual aspects of the business accelerators are formed in such a way that the business accelerator has the characteristics of an independent subject of law. The article presents a subject-object analysis of the signs of a business accelerator in the context of the main scientific concepts in order to identify the presence of signs of a legal entity, an object of law and separately signs of a property complex that occupies a special place in the Russian legal system. Based on the results of the analysis, conclusions are formulated and presented, which are the basis for further research in this area, as well as an attempt to formulate the author's definitions of the business accelerator.

FAMILY LAW

47-52 471
Abstract

The article examines the content of the term "reproductive rights" in the context of international documents and Russian legislation, as well as analyzes the specifics of their implementation in general and in the field of assisted reproductive technologies in particular. The subject of the study is the mechanism of legal regulation of reproductive human rights, their content and the order of implementation. In order to analyze the selected issues, such methods as comparative legal, legal modeling, and system analysis were used. The scientific novelty of the chosen topic is determined by the lack of accuracy of the study of the sphere of reproductive law and ways of its implementation. The article attempts to characterize the current state of this institution and suggest possible directions for its development. The analysis made it possible to formulate a conclusion that it is necessary to amend the current family legislation, consolidating the equality of the rights of men and women to use reproductive technologies, regardless of the fact of the existence of marital and family relations. At the same time, it is necessary to adopt an independent regulatory legal act regulating legal relations in the field of reproduction. In turn, legal education of the population in the field of reproductive rights will increase the birth rate in the country.

53-58 214
Abstract

The basis of any society is the family. Building a family in modern reality has an important social, economic, legal, moral and ethical significance. The support of the institution of the family is necessary for the development of the State and nations. Today, the view of the institution of the family has changed significantly, and this transformation leads to an increase in the number of divorces, a decrease in the birth rate of children. The popularity of the use of assisted reproductive technologies leads to the need for a more detailed scientific study and legislative regulation of this area. In the light of these issues, it becomes relevant to determine the totality of the rights of family members, in particular the legal status of the mother and child, which form the basis of the institution of the family. The article examines the family rights of mother and child. The research methodology consists of general scientific and private scientific methods, such as logical, dialectical, historical and legal, method of analysis, complex and method of interpretation. The object of the study is the norms of family legislation that enshrine the rights of mother and child, personifying motherhood and childhood. The author's classification of women's rights related to the birth of a child, in particular, reproductive rights, a woman's rights to motherhood, as well as the classification of child rights with the separation of the rights of a born and unborn child, is given.

59-65 390
Abstract

The article examines the conscientiousness of participants in family relations in property family disputes. The subject of the study is specific judicial acts on various categories of cases involving family members in a different understanding of this principle of good faith, depending on the branch of law. The comparative legal method of research allows us to highlight the features of the application of the principle of good faith in various family disputes. When considering the issues under study, general theoretical research methods were also used. The purpose of the article is to draw attention to the different understanding and interpretation by the courts of the principle of good-faith or unfair behavior of participants in family legal relations, namely housing, debt-related or intra-family relations. There are differences in the legal qualification of conscientious behavior of spouses depending on the type of family property dispute. The novelty of the research consists in the analysis of judicial practice from the point of view of the application by the courts of the principle of good faith in the property sphere of the family. Examples of various assessments of the conscientiousness of participants in family and other legal relations are real cases from judicial practice. As a conclusion, it is noted that, depending on the category of the dispute, the principle of good faith is understood in a civil or family legal sense.

STATE AND LAW

66-72 384
Abstract

The subject of the research of this article is to consider the issues of communication between the regional authorities and the population, to study the specifics of working with citizens' appeals in the conditions of the digital economy development, as well as the actual problems of regulatory support. In recent years, there has been an active introduction of information and communication environment tools into the public administration system: the usual "paper" format of interaction between government and society is a thing of the past, modern digital tools are replacing it. When writing the article, the following research methods were used: general scientific, special, complex method. The scientific novelty of the article lies in the study of the public-legal foundations of interaction between regional authorities and citizens in the context of the impact of digitalization on the feedback system. The analysis of federal and regional legislation regulating the work with citizens' appeals, the involvement of the Russian population in social media, as well as the results of the development of a network form of public communication on the example of the implementation of new digital tools in the Kursk region is carried out. Based on the conducted research, conclusions are drawn about the serious impact of digitalization on the system of relations between government officials and society. The necessity of updating the current legislation, filling in the existing legal gaps, as well as initiating new regulatory legal acts to ensure the efficiency and high quality of feedback from the population in the online environment is revealed. 

73-78 172
Abstract

The article examines the most conceptual practical problems of appealing against legal acts of state power, in particular individual or normative acts. The author analyzes the problems of practical application of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 50 of December 25, 2018 and the consequences of the entry into force of the Code of Administrative Procedure of the Russian Federation. The existence of competence to consider a case on the recognition of an act of authority as invalid, either by a court of general jurisdiction or by an arbitration court, depends on the solution of this issue in practice. The author expresses the opinion on the mandatory nature of the list of signs of the normative act given in paragraph 2 of the resolution under consideration, criticizes the formal qualification of the act establishing the legal regime of the object of public law, and the use in this resolution of such a criterion of normativity of the act as its publication by an authorized state authority (local self-government), other body, authorized organization or an official. 

79-84 206
Abstract

The article analyzes the legislation and law enforcement practice in the field of ensuring the proper performance of the constitutional duty to defend the Fatherland. Attention is drawn to the fact that a number of provisions of current legislation falls behind modern realities, ignore the opportunities of information society. With the development of information and communication technologies, they are increasingly penetrating into the military scope, ensuring the accuracy of the use of weapons, their mobility. The tempo and speed of response to the emerging threat of military aggression is changing objectively. This concerns not only conscription at a quiet period in the life of the state and society, but also when there is a need to mobilize additional human resources, for example during a period of partial mobilization. Experience shows the need for further improvement of legislation on military duty, defense, and mobilization. This applies not only to organizational issues, but also to some other issues related to liability, including moral responsibility. The importance of complying with the legislation on conscription by citizens and military commissariats is emphasized. Proposals are made to improve legislative acts in this area. In particular, we think that it would be appropriate to explain to young people from the moment they are assigned to recruiting stations that after the decree of the head of state on the regular draft they must go to the recruiting office in the order established by the Ministry of Defense to solve all the problems connected with the draft. Record the receipt of this information against the signature of the alleged conscript. 

85-91 164
Abstract

n the modern world, the terrorist threat is facing humanity as a global challenge. The world community needs to develop an effective mechanism for countering terrorism, taking into account the specifics of committing terrorist acts in armed conflicts. The article is devoted to the actual problems of the fight against terrorism in the period of military confrontation. The article considers the conventional definitions of terrorism, the main signs of terrorism, the system of anti-terrorist bodies and organizations established within the framework of the UN; the features of terrorist crimes in the context of armed conflicts are analyzed. The authors note some problems related to the international legal regulation of terrorism, the determination of the legal status of participants in an armed conflict who commit terrorist acts. The necessity of improving the mechanism of international legal regulation of terrorism, the system of international responsibility for terrorist acts is substantiated. The authors conclude that there is a need to create a unified legal mechanism that takes into account the peculiarities of terrorism both in situations of armed conflict and in a civil situation, substantiate the need for further improvement of the mechanism of international legal regulation of terrorism, the system of international responsibility for terrorist actions. 

CRIMINAL PROCEEDINGS

92-99 259
Abstract

The article presents the main factors that create the peculiarities of the investigation of crimes committed by convicts serving sentences in places of deprivation of liberty. Among them stand out: the situation, the environment; the prevalence of informal norms of behavior; the specifics of the personality traits of the offender, witnesses, victims. Their content is disclosed, official statistics data, the results of empirical studies obtained during the generalization of investigative practice are presented. Attention is drawn to the unusual conditions, the uncomfortable activity of the investigator, the investigator in the process of investigating penitentiary crimes, the specifics of the personality traits of criminals, victims and witnesses. It is said that all this is well known to the operational commissioners of operational units, first of all, of the specific IU where the investigation is being carried out. For this reason, in order to intensify the investigation, save time, material resources, physical strength, investigators, interrogators, it is necessary to have effective contact with these officials. It is indicated that in order for such interaction to have legal grounds (the head of the IU is not an inquiry body), all appeals must first be sent to the executive authority – the Main Directorate (department, department) of the Federal Penitentiary Service of Russia in the subject of the Russian Federation – the body of inquiry. Authorized officials of which will give appropriate legal instructions to the heads of subordinate institutions where the crime under investigation has been committed and interaction will be carried out. 

100-105 487
Abstract

The author analyzes the current rules and principles of evidence assessment in criminal cases. Among other things, the article examines the peculiarity of the principle of freedom in the evaluation of evidence, considers its constituent elements. The study presents various approaches to understanding the freedom of evaluation of evidence as a principle of criminal proceedings, in particular, a proposal is made to form a special article in the section of the Criminal Procedure Code of the Russian Federation on evidence, which would contain special principles for evaluating evidence. The author points out some shortcomings in the formulation of the principle of freedom of evaluation of evidence contained in Article 17 of the Code of Criminal Procedure of the Russian Federation, the complexity of applying in practice such concepts as conscience and inner conviction. The established rules for evaluating evidence are of no small importance. The article also examines some shortcomings of the criminal procedure legislation in terms of the procedure and principles of evidence assessment. Finally, the author in his research points out the importance of the correct assessment of evidence by the court during the criminal proceedings. 

106-114 361
Abstract

The article presents a critical analysis of the provisions of Article 105 of the Criminal Procedure Code of the Russian Federation, which regulates the procedure for the election and implementation of a preventive measure in the form of supervision of a minor. The author substantiates the desirability of further legislative improvement of the norm under study, on the one hand, by the necessity of providing the interests of minors involved in the criminal case, and on the other hand, by the low degree of effectiveness in practice of the preventive measure under consideration. Within the framework of the research, the author enters into a polemic with other scientists, arguing that supervision of a minor is used as a preventive measure much more often than is commonly believed, argumenting his position by judicial practice. The author suggests that the current version of Article 105 of the Criminal Code of the Russian Federation does not allow achieving the goals pursued by preventive measures, and the measure of prevention in question, as follows from its legislative wording, as a whole, is aimed primarily at "intimidating" legal representatives, and not the minors themselves. Using the example of law enforcement practice materials, the author also clearly demonstrates the difficulties faced by the subjects of the application of preventive measures when choosing supervision over a minor suspect, accused, offers his own vision of the legislative resolution of emerging problems. 

ЭНЕРГЕТИЧЕСКОЕ ПРАВО

115-126 257
Abstract

A number of key aspects of regulating the construction of energy facilities in our country at different historical stages are considered. The study of the Soviet experience allowed us to come to conclusions: 1) in the USSR there were well-developed legal approaches to the regulation of the construction of energy facilities and public administration in this area, corresponding to the planned nature of the national economy; 2) considerable experience has been gained in the field of concluding international agreements that provide legal grounds for long-term cooperation in the design, construction and operation of energy facilities abroad; 3) the Soviet experience is important for studying from the point of view of effective mechanisms for expanding the influence of our country in the foreign economic and foreign policy spheres through the implementation of large-scale energy projects in friendly countries. With regard to modern agreements with foreign partners, it is recommended to adopt a uniform system solution and include the Ministry of Energy of the Russian Federation among the authorized bodies of the Russian Side in all agreements involving the construction of energy facilities by Russian companies in foreign countries, including the construction of nuclear power plants and their power units. A number of proposals have been formulated on the prospects for a new stage, including ensuring the greatest environmental safety in the implementation of projects for the construction of energy facilities by Russian companies abroad, state support for fundamental scientific research for the purpose of introducing breakthrough promising technologies in the construction and operation of such facilities. It is emphasized that in the conditions of unprecedented sanction`s pressure from unfriendly states on Russian business, further systematic state support of companies engaged in the construction of energy facilities abroad is fundamentally important. 



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ISSN 2411-118X (Print)