The article presents the main results of the study of the peculiarities of the development of legal support for artificial intelligence (AI) technologies in the European Union, taking into account the moral and ethical standards required to be observed in the EU. The subject of the study was the relations arising between developers, manufacturers and distributors of AI technologies, on the one hand, and users (individuals and organizations) in the field of using these technologies, on the other. Logical, comparative, empirical, analytical, historical-legal, descriptive, etc. were used as the main methods of cognition during the research. The scientific novelty of the study was the conclusions, according to which, the regulation on AI regulation proposed by the European Commission is so far only an addition to the multi-purpose program of digital legislation, which the European Union announced step by step, starting in 2019. The Commission consciously positions this AI regulation as a measure to protect European values from less scrupulous AI developers in China. Despite a number of the above shortcomings, the analyzed draft regulation is a comprehensive, thoughtful beginning of the law-making and legislative process in Europe and can become the basis for global cooperation in covering a common regulatory network of important new and innovative technologies. At the same time, the gradual convergence of European and American approaches to AI regulation in the coming years may lead to the creation of the EU and the US Council on Trade and Technology, as well as the development of a joint agreement on AI regulation. Nevertheless, the US has not yet expressed its readiness to recognize the definition of AI formulated by the European Union as a high-risk system, as well as the detailed conformity assessment system developed in the EU and the approach to comprehensive regulation of AI. In this regard, it seems appropriate to transfer the above-mentioned approaches developed in the EU to the EAEU member states with their subsequent consolidation with the rules of the Euro-Union, which will allow creating a Eurasian AI security system, which can later grow into a universal system, for example, under the auspices of the UN.
The article is devoted to the problems of legal regulation of smart contracts and the specifics of virtual legal relations in modern Russian legislation. The article presents the key problems of using smart-kcontracts in business activity at the present stage of formation and development of digital legal relations (technologies) within the digital economy. Based on the substantiation of the prospects for the development of smart contracts, their place in the system of virtual and traditional civil contracts, the article defines the subjects and objects of legal regulation based on the blockchain platform, hashgraph, ethereum and other innovative platforms. Both strengths and weaknesse in the practice of using smart contracts, their structure and functions are identified; problems and ways of improving legislation in the field of innovation and digitalization of entrepreneurial activity are substantiated. The general characteristic of the legal environment in the system of virtual transactions is given. In particular, the causes and consequences of the lack of proper legal regulation of the use of smart contracts in business activities are identified and a scientific and practical assessment of possible risks and collisions of their application is presented. Particular attention is paid to the legislative framework in the field of functioning of cryptocurrencies, tokens and other digital assets in the legislative practice of the Russian Federation and the prospects for their improvement are determined. Practical conclusions are drawn about the need to work out the algorithm in the field of legal technology on virtual contracts, the legal status of cryptocurrencies and well-known digital platforms.
LEGAL BASIS OF ECONOMIC ACTIVITY
In the article, the author analyzes the problem of the correlation of private and public interests from the position of finding a balance of their provision and concludes that private and public interests are so interconnected that the lack of proper protection of one or the other will lead to destabilization of the development of the country's economy as a whole. Taking into account the complex nature of business legislation, the main task of the state in the legal regulation of business relations is to reflect in the regulatory material a reasonable balance of public and private interests, including the establishment of legislative restrictions on entrepreneurship in order to ensure public interests. At the same time, having investigated the question of the possibility of establishing the priority of private interest over public or vice versa, the author substantiates the fundamental criterion for ensuring a balance of private and public interests in the field of entrepreneurial activity – the private interests of a business entity, provided by the dispositive principles of business law, are a priori priority in relation to public interests and can be limited by mandatory norms of a public-legal nature only to the extent necessary to prevent violation of public interests. Considering that the market without a strong state can lead to negative consequences in the form of substitution of state power by unregulated big business, which will provoke economic and social decline, the article notes the impossibility of minimizing the participation of the state in the regulation of entrepreneurial activity, the main task of which is to create conditions for the effective development of entrepreneurship, the implementation of the principle of freedom of entrepreneurial activity, ensuring the protection of subjects of entrepreneurial activity. At the same time, in the period of socio-economic crisis in the legal regulation of entrepreneurial activity, public legal principles should be strengthened.
Public-private partnerships are an essential tool for business involvement in social challenges and priority projects during the period of economic recovery from the COVID-19 pandemic. Mutually beneficial cooperation between the business community and public and legal entities has a multiplier effect that can restore related sectors of the national economy in a short period of time. At the same time, public authorities should provide an appropriate institutional environment, which includes government-wide policies, regulatory frameworks and the creation of institutions for the development of public-private partnerships. The article reflects the results of a study, the purpose of which is to study the institutional foundations of interaction between the state and business in the implementation of priority projects for the development of the economy. The subject of the study is the institutional conditions for the formation and development of public-private partnership in Russia. The study is based on a combination of general scientific interdisciplinary and specialized economic methods, such as analysis, synthesis, scientific analogy, inductive and deductive methods and structural analysis. As a result, the regulatory legal framework for public-private partnership was analyzed, the main stages of its formation and development were identified, and the role of development institutions in the effective implementation of PPP-projects in Russia was determined.
The article analyzes the prospects for building an innovative economy on the territory of the Russian Federation within the framework of the implementation of the Decree of the Government of the Russian Federation dated April 15, 2014 N. 316. There is some inability to develop a model of an innovative economy that currently dominates the economic the science of neoclassical economic theory, which considers an economic system in which an "economic person" strives to minimize costs and maximize income. As a theoretical basis for the model of an innovative economy, it is proposed to apply the institutional economic theory, as the most promising direction in the development of economic science, using a methodology that corresponds to the modern level of public administration. At the same time, the author notes the fact that the institutional economic theory was basically developed by scientists working in states with the Anglo-Saxon system of law, which was reflected in the conclusions made by scientists and is not fully applicable in the Russian Federation with the Romano-Germanic system of law. The author substantiates the assertion that, within the framework of institutional economic theory, the most significant social institutions influencing the directions of economic development are the political system and the system of law; in countries with the Romano-Germanic system of law, formal – institutions, and the choice of economic agents, the very fact of the implementation of programs legalized by the state largely depends on the level of legal culture of the population of Russia. In conclusion, the author states the prospects for further improvement of institutional economic theory in relation to the Romano-Germanic system of law, its application as a theoretical basis for building an innovative economy and introducing cryptocurrency as a means of settlement and investment in an innovative economy. In the process of analysis, such general scientific and specific scientific methods of cognition as dialectical, historical, systems analysis, induction, and the use of interdisciplinary (interdisciplinary) connections were used.
Foreign Legislation and Comparative Law
The paper presents the results of a study of the main general features of the formation and development of civil law support for the higher education system of the United States in their relationship with ensuring the personal safety of subjects of educational activity, which allowed us to fairly harmoniously adapt the German model of research universities and begin to occupy high places in the predominant number of international ratings, as well as in general to ensure the personal safety of subjects of educational activity primarily by civil law methods. The subject of the study is the relations that arise during the formation of the US higher education system in the process of implementing primarily civil law, as well as, in part, administrative-legal relations between the management (administration) of American universities and colleges on the one hand and students and staff on the other, as well as between states and universities (colleges). In the course of the research, logical, analytical, historical-legal, empirical, strategic management, instrumental and other basic methods of cognition of objective reality in the legal field under consideration were used. The scientific novelty of the study was the innovative approaches to solving problematic issues of civil law support of the higher education system in the United States, primarily at the stage of its formation, the results of which were the following main conclusions, according to which, first, at the early, initial stages of its development, the US higher education system was practically not subjected to strict regulation by state institutions and developed mainly in accordance with the norms of civil law, extrapolated from the legal families that have developed in Europe. In fact, the issues of personal security of subjects of educational activity in the field of activities of US organizations that provided services in the field of higher education were also mainly regulated not by public law, but by civil law norms developed by educational organizations that were not only de facto, but also de jure corporations, independently. And, secondly, the security system, including personal security, of the subjects of educational activities in the United States was not initially formed properly, which served as an unfavorable reason for a fairly large number of tragedies occurring in American colleges and universities, especially in recent decades.
The only innovation in the field of ensuring, in particular, environmental safety, it seems possible to consider the decision of the new US administration to begin vaccination of individuals-subjects of educational activities from coronavirus infection, which is objectively caused by a rather serious epidemiological threat of global significance and scale.
В статье автор анализирует государственный механизм управления и нормативно-правовое регулирование порядка функционирования японского инвестиционного рынка. Источниковедческую базу исследования составили материалы зарубежных и отечественных авторов в области финансово-правовых наук. Методологию исследования составили такие методы научного познания, как сравнительно-правовой, диалектический, системно-структурный и др. Отмечается, что Япония обладает одной из самых развитых и крупнейших экономик в мире, является третьим по величине инвестором. Несмотря на это, иностранный капитал в ее национальной экономике играет незначительную роль. Специалисты отмечают явную диспропорцию между инвестиционной активностью японских ТНК и традиционной закрытостью внутреннего рынка от иностранного вмешательства, что связано с особенностями политики послевоенного периода восстановления и модернизации разрушенной Второй мировой войной экономики Японии за счет полной концентрации на развитии внутреннего рынка. Показано, что постепенная либерализация инвестиционной политики правительства Японии привела к тому, что начиная с 2018 г. ужесточились правила об иностранных инвестициях в контексте политики США по сдерживанию Китая и предотвращению утечки передовых технологий в зарубежные страны. Автором показано, что нормативно-правовая база, регулирующая инвестиционную деятельность Японии, была принята в послевоенные годы и действует по настоящее время со значительными поправками. Обоснован вывод, что система японского инвестиционного законодательства достаточно развита и затрагивает множество отраслей экономики. Правила иностранных инвестиций Японии в целом находятся в рамках закона от 1 декабря 1949 г. № 228 «Об иностранной валюте и внешней торговле» и правилах, основанных на отдельных законах. В заключение резюмируется, что правительством Японии для иностранного инвестора определен разрешительный и уведомительный режим допуска на внутренний рынок страны. При этом разрешительная система регулирования инвестиционной деятельности распространяется на отрасли японской экономики, обеспечивающие ее национальную безопасность.
The article considers the contour of the problems associated with the potential establishment of legal protection for the results of "intellectual" activities generated by artificial intelligence systems. The author emphasizes that the establishment of such protection is not something inevitable at the moment, but is assessed as a probabilistic event. In this regard, on the basis of studies using the prognostic method and the method of legal modeling, possible ways of solving the identified problems are formulated.
Along with the active development of technology, various methods for preparing plagiarism are also being improved, however, problems associated with its identification often arise. In the article, using the example of the court decision in the case of Williams v. Bridgeport Music, the problem of the ratio of borrowing and creative work is raised. It happens that just in the presence of a coincidence of notes, they claim that plagiarism has been discovered. This is fundamentally wrong, because to some extent the subjective side of the deed, the motives and methods of creating the work are not taken into account. Such hasty conclusions can lead to many abuses and violations. It is necessary to see the difference between simple technical copying with a change in tempo and key in order to divert suspicion from oneself, from other motives relating specifically to the creative process, otherwise the development of music will be retarded. It was concluded that it is necessary for the court to proceed from the circumstances of the case and the attitude of the author of the controversial work to his work, and not only rely on the expertise. The novelty of the work lies in the fact that there is still a dispute about the qualification of borrowings, and there are no studies with an analysis of Russian, foreign, and international law, doctrine and judicial practice, including those with a focus on international private law.
PLEKHANOV SCHOOL OF YOUNG SCIENTISTS
The rapid development of corporate law in the modern world makes corporate governance the most important
aspect of the success of current companies. Corporate activism or shareholder activism is meant as part of the
corporate governance system. Changes in the company that have occurred as a result of successful actions of
activist shareholders increase the value of shares, and therefore, the overall goal is achieved - the welfare of the company. However, changes often concern precisely inefficient management, which, as a result of changes in the corporation, shifts. Nevertheless, corporate activism can be considered a mechanism that is designed, if not to reduce, then certainly to balance shareholders and the board. At the same time, the subject of this work is a comparative legal study of corporate activism in the USA, Great Britain, Germany and the Russian Federation.
The author considers the elements of corporate activism, its goals, and draws a parallel between the theoretical aspects and the practical application of the rules on shareholder activism in the world. The article examines the viability of this institution in the countries of the continental legal model, in particular in Germany and the Russian Federation. Special attention is paid to the prospects for the development of corporate activism in the Russian Federation. Conclusions are formulated about the role of corporate activism on the activities of corporations in these jurisdictions. In conclusion, the author concludes about the effectiveness of corporate activism in the countries of the Anglo-Saxon legal model and the lack of elaboration of norms and its weak influence on corporate governance in Germany and the Russian Federation.
In the era of rapid development and digitalization of the state, as well as in view of the society's demand for the need for legal regulation and protection of its interests, the corresponding vector of national strategic directions for jurisprudence is also determined, thereby causing the relevance of the subject of a scientific article. The author draws readers' attention to the fact that the current state of scientific works that describe the historical aspect that influenced the formation of the legal regulation of civil relations in the processes of "digital transformation" of society are extremely insignificant. This fact has an extremely negative effect on the comprehensive study, as well as the analysis in general, of such a phenomenon as "digital transformation", and the problems that develop around it in the context of jurisprudence, which as a result does not allow the legislature to qualitatively regulate the group of described social relations. In the article, the author makes an attempt to eliminate the existing theoretical gaps, explores the historical prerequisites for the formation of civil relations associated with the digital transformation of society at the present stage (through the prism of the identified possible ways and results of the development of the "industrial revolution" based on the study of carefully researched data on the theory cycles of N. D. Kondratiev). The topic of the strategic role of such historical prerequisites, which allowed the legislature to form a detailed understanding of such a complex economic and legal phenomenon of our time as "digital transformation", is also touched upon. The hypothesis of the “industrial revolution”, which was formulated by N. D. Kondratiev, received international recognition from scientists, and also made it possible not only to influence the development of economic relations in modern times, but also had a significant impact on the formation of national civil law regulation of society. relations that arise on the Internet, as well as when using digital and high technologies. The author is innovative in his approach to the totality of digital transformation products: the Internet, digital and high technologies, resulting in a number of innovative concepts for the scientific community, derived by the author: "digital legal relations", "digital environment (Internet')'. This approach will increase the degree of scientific discussion and develop processes for improving the fundamental principles of civil law relations in the area under study.
The article analyzes the theoretical and law enforcement aspects of the institution of a joint will of spouses, taking into account the legislative structure of a sole will. The sources of the study are the civil legislation of the Russian Federation, Austria, Germany and a number of other states, the achievements of the doctrine and the practice of implementing the phenomenon under study. The purpose of the work is to systematize the achievements of the doctrine on various aspects of the institution of a joint will of spouses and create their own scientific position regarding the prospects for its development. The subject of the study is the legal relations arising in connection with the determination by the spouses of the relevant rights and obligations for the heir under a joint will.
The study used the dialectical method of cognition of reality, formal-logical, historical-legal, comparative-legal and general scientific methods of analysis, synthesis and analogy, as well as methods of systematic interpretation of the law and legal modeling. As a result of the work, the author proposes new ways to solve the identified problems by amending the Civil Code of the Russian Federation, which, according to the concept being developed, should be based on the experience of consolidating and implementing the relevant norms in Germany (this is justified by the similarity of the legal systems of these states and the progressiveness of many provisions of the German Civil Code of 1896 G.). In particular, it has been established that the imperative rule on the loss of the force of a joint will in the event of a marriage being declared invalid after the death of one of the spouses unreasonably contradicts the interests of a conscientious spouse, and therefore it is proposed to supplement the Civil Code of the Russian Federation with norms that would provide the court with the opportunity to keep such a will in force. It is substantiated that the Russian legislator needs to correct the legal structure of the institution under study by allowing the preparation of a joint will of the spouses in emergency circumstances, including taking into account § 2266 of the German Civil Code of 1896.