MODERN MILITARY TECHNOLOGIES AND THE RESPONSIBILITY OF A SCIENTIST, CREATOR, OPERATOR, ETC.: SOME APPROACHES OF THE BRICS COUNTRIES

Author(s):  
KSENIA BELIKOVA ◽  

Based on the legal material of the BRICS countries the article touches upon the issue of legal responsibility of a scientist, creator, operator, etc. for the implementation of the results of his scientific activities in the field of new military technologies. Interest is caused by the impact on legal and military science, as well as on the ideas of both ordinary people and specialists (lawyers, military, sociologists, etc.) provided by new technologies that currently allow to do things that previously could not even be imagined otherwise than in imaginative literature, films, etc. In this way, the current provisions of normative acts (in the field of legislation on intellectual property), ethical codes, etc., and doctrines (works of specialists who give arguments "pro" and "contra" giving legal personality to artificial intelligence) are examined. Scientific novelty is due, firstly, to the choice of countries - these are the BRICS countries, secondly, the subject of the study is the legal responsibility for the implementation of the results of scientific activity of a scientist in the field of new military technologies, thirdly, the analysis of a selected range of issues in an interdisciplinary aspect - from the standpoint of jurisprudence, military science, ethics. Among the conclusions reached by the author, the inevitability of ethical problems when using AI in civil (for example, transport) and military autonomous systems. In this regard, attempts have been made to solve these problems in the BRICS countries in various ways: from declarative limitations in patent legislation to the development of guidelines and ethical principles that meet the realities. The need to develop a single document with an international legal status on the issue of AI-human interaction, based on the opinions and ideas about the principles of such interaction of more than eighty subjects from around the world is also showed.

Author(s):  
Ksenia Michailovna Belikova

Based on the legal material of BRICS countries, this article conducts a scientific analysis on the question of legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human. The relevance is substantiated by the impact upon legal and medical science, as well as the perceptions of peoples and experts (lawyers, medical personnel, sociologists, etc.) affected by new technologies, which currently allow doing what no one could ever imagine, unless in the films or books of science-fiction genre. The author examines different legal scenarios. The scientific novelty consists in the choice of countries – BRICS; the subject of research – legal responsibility for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human; analysis of the selected circle of questions in cross-disciplinary aspect, from the perspective of jurisprudence, medicine, and ethics). The conclusion is made that the approaches of national legislation are influenced by a range of problems that justify the corresponding legal regulation (for example, GMO in Brazil, prohibition of prenatal sex discernment in India, situation after He Jiankui’s experiment in China, etc.).


2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.


Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vitaliy Hudyma ◽  
Mariana Khmyz ◽  
Valentyn Liubarskyi ◽  
...  

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.


Author(s):  
Svetlana Sergeevna Gorokhova

The subject of this research is certain theoretical aspects of public legal responsibility that may emerge in the spheres and situations of the use of artificial intelligence and robotic autonomous systems takes place. Special attention is given to interpretation of public legal responsibility as a legal category, and its role within the system of legal regulation of public relations in the country. The article explores the basic aspects of public responsibility in the sphere of potential use of the systems equipped with technological solutions based on artificial intelligence. The author describes the possible risks determined by the development and implementation of such technologies in accordance with trends of scientific and technological progress. The conclusion is made that currently in the Russian Federation does not have a liability system applicable particularly to damage or losses resulting from the use of new technologies, such as artificial intelligence. However, the existing liability regime at least ensures the basic protection for the victims suffered from the use of artificial intelligence technologies. However, the peculiar characteristics of these technologies and complexity of their application may hinder payment of compensations for inflicted harm in all cases when it seems justified, and not ensure fair and effective allocation of responsibility in a number of cases, including the violation of non-property rights of citizens.


Introduction. The mechanism of legal regulation of consumer protection in general, and consumer rights in the field of medical services in particular, has passed certain historical stages of formation and development. Of particular importance in the system of organizing consumer protection at the international level was the creation in 1960 of the International Organization of Consumers - Consumers International, which is a world federation of consumer groups. The activities of international and national organizations have a common goal of "consumer protection" by consolidating the efforts of consumer groups and relevant organizations and protecting their rights, including interests, before the relevant state and international bodies and organizations. Summary of the main research results. The legal status of the patient is a complex theoretical and legal phenomenon, including the legal personality of the patient, basic rights, duties, responsibilities, guarantees for the realization of his rights and freedoms, and the like. The content of the legal status of the patient consists of his rights, obligations and legal responsibility. Conclusions. The entire system of patients’ rights - consumers of medical services can be conditionally divided into the following groups: 1) general medical rights - this group of rights is enshrined in the basic regulatory legal acts. General health rights include: the right to health care; the right to consent to or refuse medical care; the right to information; the right to confidentiality and protection of personal data; 2) special medical rights; 3) the rights of persons who forcibly acquired the legal status of a patient; 4) the rights of persons who participate in medical and biological experiments and tests.


2018 ◽  
Vol 25 (4) ◽  
pp. 340-357 ◽  
Author(s):  
Elza Fátima Rosa Veloso ◽  
Leonardo Nelmi Trevisan ◽  
Rodrigo Cunha da Silva ◽  
Joel Souza Dutra

Purpose The purpose of this paper is to, which involved 123 students in their last year of an administration course at a private university in the city of São Paulo, Brazil, evaluate the importance of analyzing the pressure from new technologies on the careers of young university students from a career theory perspective. Design/methodology/approach From the perspective of traditional theories, the authors used “career anchors,” and from the perspective of non-traditional theories, “intelligent careers,” in which people develop three competency groups that are transferable between organizations: knowing why; knowing how; and knowing whom. The hypotheses the authors raised were analyzed using statistical techniques and the following results were obtained: young people do not see new technologies as a threat to their current job; people who see the “Knowing How” competence as being more developed feel less pressure from new technologies; non-traditional theories show a greater potential to analyze technological pressure than traditional theories; and, finally, the nature of people’s jobs produces different impacts on the pressure of new technologies on their careers, since people who occupy positions involving more human interaction with internal or external clients feel less threatened. Findings It was found that the lowest mean among the constructs analyzed was the pressure from technology on career. The correlations between the competencies of intelligent careers and the perception of the pressure from technology on career were weak, but significant, whereas the “Knowing How” competency was negatively correlated with the pressure caused by technology. There was no significant influence of the anchors on the pressure from technology on career. However, incorporating the competencies of intelligent careers improved the statistical model’s fit. In associating job positions with the pressure from technology on career, administrative and operational positions showed higher averages than sales associate and management positions. Originality/value Broadly speaking, it can be noted that traditional career theories, especially the vocational counseling approach, are not sufficient to explain the impact of new technologies on careers. At the same time, one way of coping with the pressure brought about by technological advances may be in using technology itself to develop “useful professional skills,” in a manner consistent with “intelligent careers.”


Author(s):  
Oksana Chepelyk

The article addresses the problem of the effectiveness of eco-art as an instrument for the transformation of consciousness in the era of environmental crises. A number of eco-art projects focusing on threats to aquatic biodiversity that use digital technologies and data-driven approaches in interaction with biological organisms are considered. The features of eco-art with the use of new technologies and its impact on the formation of eco-consciousness are the subjectof the research. The aim of the study is to identify the features of the impact of eco-art projects on the formation of eco-consciousness in order to fundamentally rethink the principles of human interaction with nature. The objective of the paper isto review and analyze eco-art projects that use digital technologies in interaction with biological organisms and act as a catalyst for socio-cultural transformations. The methodology includes theoretical and field research on the topic “Dead zones. Global Data and the Local Ecosystem” at the research residence of IMéRA — the Institute for Advanced Study (IAS) in Marseilles, in the framowork of “Exter” international exchanges program of the Ukrainian Institute. The main employed method is a complex and systematic approach to the theory development, systematization of some generalizations, and their contextualization. An analysis of sources on the theory of deep ecology and eco-art, collected interviews, and video documentation were also used in the study, as well as photometric methods, comparative analysis of concepts, of structure and technological features of artistic realizations. A brief overview of the works by David Rothenberg, Natalie Jeremijenko, Tiare Ribeaux, Oksana Chepelyk, and others is given. The practice of Ukrainian eco-art in the framework of the exhibitions “Where Do We Go From Here?” and “Emergent Tributaries” in the Izolyatsia. Platform ofCultural Initiatives in Kyiv in 2018 are analyzed. These projects reflected global environmental issues, such as the relationship between man and nature, future visions and consequences of the exploitation of natural resources. The contexts in which international projects and Ukrainian works of eco-art emerge are described. The specifics of influence of eco-art and the new technologies on formation of eco-consciousness is outlined.


Upravlenie ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 109-115
Author(s):  
N. A. Voronina

The article considers the process of human rights regulatory development since the mid XXth century and adoption of social and legal responsibility by states in relation to migrants. The author analyses the legal status of migrants on the territory of the Russian Federation, European Union countries, the USA. The paper raises a wide range of issues related to granting socioeconomic rights and ensuring access to medicine to former compatriots, who returned to Russia and their children. The study notes that in recent years, Western countries have been reviewing approaches to state regulation of the social sphere, which in some cases discriminates towards refugees and displaced persons from other countries. The paper estimates the impact of the global epidemiological crisis caused by the COVID-19 pandemic on the socio-economic situation of migrants, the provision of medical and social assistance to the population of countries. The author concludes that in the context of COVID-19 pandemic states should provide migrants with free medical care and find effective social support mechanisms. The pandemic should not be used as a justification to undermine the guarantees of migrants’ rights.


2017 ◽  
pp. 111-140 ◽  
Author(s):  
R. Kapeliushnikov

The paper provides a critical analysis of the idea of technological unemployment. The overview of the existing literature on the employment effects of technological change shows that on the micro-level there exists strong and positive relationship between innovations and employment growth in firms; on the sectoral level this correlation becomes ambiguous; on the macro-level the impact of new technologies seems to be positive or neutral. This implies that fears of explosive growth of technological unemployment in the foreseeable future are exaggerated. Our analysis further suggests that new technologies affect mostly the structure of employment rather than its level. Additionally we argue that automation and digitalisation would change mostly task sets within particular occupations rather than distribution of workers by occupations.


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