scholarly journals Природа нормативного массива в сфере информационных технологий и его место в системах российского права и законодательства (в аспекте процесса «цифровизации» права)

2021 ◽  
Vol 5 ◽  
pp. 177-189
Author(s):  
Валентина Рузанова ◽  
Keyword(s):  
Information Technology ◽  
Secondary Structure ◽  
Research Methodology ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Complex Composition ◽  
Russian Law ◽  
Law And Legislation ◽  
Further Development

Goal – the purpose of this research is to identify the nature of the normative array governing relations arising in connection with the introduction and use of information, including digital technologies, and to determine its place in the systems of Russian law and legislation. Research methodology – both general and particular methods of cognition were applied in the research: dialectical, systemic, intersectoral, etc. Score/results – the nature of the normative array in the field of information, including digital, technologies was revealed as a complex composition on the basis of the characteristics and range of regulated relations and its place was determined to be a secondary structure of law and an element of the legislative system. The author found that it is necessary to amend the legislation and to implement additional regulations of the new relationships. Originality/value – theoretical conclusions and proposals can be used for further development of doctrinal approaches to building a system of law and legislation in the field of information technology and improving legal regulation.

scholarly journals Developing Information Technology Law and Legislation: Analysis of International Experience and Possibilities of Its Application in Ukraine

2021 ◽  
Vol 10 (2) ◽  
pp. 117-128
Author(s):  
Irina Aristova ◽  
Oksana Brusakova ◽  
Denis Koshikov ◽  
Oleksandr Kaplya
Keyword(s):  
Information Technology ◽  
Legal Regulation ◽  
High Tech ◽  
High Tech Industry ◽  
The Past ◽  
Current State ◽  
General Scientific ◽  
Law And Legislation ◽  
Further Development ◽  
High Technologies

The purpose of this article is focusing attention on the relevant problematic issues that exist in the sphere of legal regulation of domestic area of high technologies, as well as finding ways of their effective solution. Noted that the legal regulation of objects and phenomena surrounding the domestic information technology (IT) sphere is quite weak and insufficient compared to other countries. Effectively functioning practices of legal regulation of the sphere of high technologies that exist in developed democracies are analyzed for their compliance with the realities of the domestic legal system. Considerable attention is paid to the characteristics of the current state of functioning of IT law and legislation in democracies. The initial successes that have already been achieved in Ukraine in relation to the IT sphere in the past were analyzed. The perspective directions of further development of IT law, as well as related domestic and international legislation, are considered. It is pointed out that the development of both the domestic high-tech industry and the functioning of IT law and legislation are inextricably linked with the democratization of the country. The methodological basis for writing the article was a set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals "Gender Game" on the Field of Russian Jurisprudence

2015 ◽  
Vol 5 (1) ◽  
pp. 380
Author(s):  
Tarusina Nadezhda Nikolaevna ◽  
Isaeva Elena Alexandrovna
Keyword(s):  
Social Relations ◽  
Active Role ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Main Study ◽  
Positive Discrimination ◽  
Russian Law ◽  
And Gender ◽  
Law And Legislation ◽  
International Instruments

Equality of opportunities is the most important aspect of the general principle of equality, which is currently, received almost universal acclaim. This is one of the most fundamental principles on which democratic society is based. It is enshrined in international instruments, national constitutions and laws. However, despite significant progress in this topic, there is inequality between men and women. The article presents main study areas of the theory and practice of jurisprudence in the context of gender - with an emphasis on gender studies in specific areas of legal science; the importance of gender in the mechanism of legal regulation of social relations in the constitutional, administrative, criminal, labor, and family law, since this factor plays a more active role in these branches of Russian law and legislation. The authors come consider that ideas and solutions concerning the legal regulation of relations with the gender element are contradictory it its basis; complex, not always justified, interaction rules and practices, that include positive discrimination and gender neutralization.

scholarly journals Legal regulation of investment activity carried out using digital technologies

2020 ◽  
pp. 25-34
Author(s):  
Alina Nurlibaevna Sundetova
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Current Level ◽  
Investment Activity ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
Development Prospects

The subject of this research is the norms of Russian law mediating investment activity that is carried out using digital technologies, development prospects for Russian legislation, as well as theoretical constructs proposed by Russian and foreign experts in development of the category of investing using digital technologies. Special attention in the process of development of legislation is given to the principle of technological neutrality. This author employed general scientific methods of structural-functional analysis and systemic approach, which allowed verifying the acquired results of the scientific research. This work presents a comprehensive analysis of the legal relations emerging as a result of investing using digital technologies. A conclusion is made that digital technologies develop very rapidly, and thus, the legislator must describe the essential features of the mentioned phenomena and legal relations, and prescind from the current level of technology when possible.

scholarly journals DEVELOPMENT OF ELECTRONIC COMMERCE IN UKRAINE

2021 ◽  
Author(s):  
Iryna Derid ◽  
Inna Nochvina
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Technology Implementation ◽  
Legal Regulation ◽  
Internet Commerce ◽  
Global Trends ◽  
Current State ◽  
Internet Users ◽  
The World ◽  
Further Development

The article is devoted to the study of the international e-commerce market and trends in the development of e-commerce in Ukraine, one of the key trends in the progressive development of the national economy and the world economy as a whole is international electronic commerce. Within accelerated development of information technology growing socio-economic needs influence Internet commerce constantly, as far as access to the resources of the global Internet information network opens up new opportunities. Therefore, the tendency to increase the volume of e-commerce and the importance of its optimization is obvious. The subject of the study is the analysis of the market of international e-commerce and Internet commerce in Ukraine at the present stage. The purpose of the article is to analyze the current state of e-commerce in Ukraine on the basis of information technology implementation tools and develop proposals for its further development in accordance with global trends. Objective: to study the development trends of international e-commerce and Internet commerce in Ukraine in connection with the growing role of computerization in the global dimension. The normative base of legal regulation of e-commerce in Ukraine, the concept of e-commerce and the main forms of Internet commerce are given. The number of Internet users in the world, the socio-demographic structure of regular Internet users in Ukraine, the net profit of world leaders in e-commerce, the dynamics of marketplaces with the Android application are analyzed. The following results were obtained: the analysis of the current state of e-commerce indicates the dynamic development of e-commerce in the world, including in Ukraine. It is investigated that the world leaders in e-commerce are Amazon and Alibaba, and in the Ukrainian e-commerce market – olx.ua, rozetka, prom.ua. It is established that e-commerce is a promising area of intensification of Ukraine's foreign trade activities. Conclusions: for the further development of e-commerce in Ukraine, increasing its volume in line with global trends and expanding actors in the e-commerce market, it is necessary to create appropriate conditions that would promote the inclusion of the state in the segment of international trade relations.

scholarly journals ISSUES OF LEGAL INSTITUTIONALIZATION OF INFORMATION AND PSYCHOLOGICAL SECURITY

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 170-181
Author(s):  
Александр Александрович СМИРНОВ
Keyword(s):  
Legal Regulation ◽  
Security Strategy ◽  
Subject Field ◽  
Legal Method ◽  
National Security Strategy ◽  
Information Law ◽  
History Of ◽  
The Subject ◽  
Russian Law ◽  
Further Development

The paper analyzes the issues of legal institutionalization of information and psychological security. The history of scientific research of information and psychological security is considered, the legality of the use of this category is justified and its author's definition is given. The subject field of legal regulation in the area of information and psychological security is characterized. Purpose: to study the issues of legal institutionalization of information and psychological security and to determine the sectoral affiliation of this institution in the system of Russian law. Research methods: the author uses analysis, synthesis, formal-legal method and structural-func­tional method. Results: the conclusion is substantiated that the legal support of information and psychological security is considered as an intersectoral legal institution, including the norms of constitutional, administrative, informational, criminal and other branches of law. At the same time, the norms of information law play a key role in its content. This institution needs further development in order to implement the National Security Strategy of the Russian Federation in 2021.

THE SYSTEM OF INFORMATICS COMPETENCIES FOR THE MATHEMATICS TEACHER

2020 ◽  
pp. 57-72
Author(s):  
Nadiia Ponomareva
Keyword(s):  
Information Technology ◽  
Secondary Education ◽  
Mathematics Teachers ◽  
Mathematics Teacher ◽  
Systems Analysis ◽  
Web Technologies ◽  
Key Competencies ◽  
Teachers Training ◽  
Technology Specialists ◽  
Further Development

As a result of the analysis of domestic and foreign standards of key competencies, basic and complete secondary education, teachers’ training (in particular, mathematics teachers’ training) and information technology specialists training, the system of informatics competencies of a mathematics teacher, developed by Yu. S. Ramskyi, was updated in terms of the structure, content and indicators of competencies formation. It has been found out that the formation of the informatics competencies of a mathematics teacher begins with basic informatics competencies, the further development of which occurs primarily in the competencies in system administration, web technologies, programming and systems analysis.

scholarly journals Innovations and Analogies in the Legal Regulation of Withdrawal from a Limited Liability Company under Current Russian Law

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Fair Value ◽  
Legal Regulation ◽  
Business Climate ◽  
Positive Role ◽  
Freedom Of Contract ◽  
Study Find ◽  
Russian Law

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

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