scholarly journals New technologies and law: a modern legal approach to the distributed registry technology

2019 ◽  
pp. 62-69
Author(s):  
L. V. Sannikova ◽  
Yu. S. Kharitonova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Status ◽  
New Technologies ◽  
Economic Value ◽  
Legal Regulation ◽  
Scientific Concept ◽  
Legislative Regulation ◽  
Legal Frameworks

Currently we witness an active debate on whether legal mechanisms should be established to mediate the use of new technologies. The authors believe that digitalization of social relations has a global character, changes the foundations of the society and requires the development of adequate legislation based on the in-depth study of the processes. It is proved that, first, it is necessary to develop a scientific concept of the mechanism of legal regulation of relations using the technology of distributed registers (the TDR) in economic activity, in the spheres of public administration and implementation of public functions. The article, based on the problems of law enforcement practice, formulates the main characteristics of the study that could, in the authors’ opinion, give a really necessary legal solution to the state and society. Such research will allow us to formulate scientifically grounded proposals concerning legislative regulation of public relations with the use of the TDR that will include the development of legal frameworks of objects of relations arising as the result of the use of the TDR and being of economic value (digital assets, in particular tokens, cryptocurrencies, digital rights); in determining the legal status of entities using the TDR; in the formation of a system of indicators for assessing the use of the TDR in various spheres of public relations; in giving legal qualification of transactions in distributed registers and the legal consequences of their commission; in the creation of an integral legal mechanism for protection of participants in legal relations using the technologies of the distributed register. The main result of the study under consideration will be the developed scientific concept of the mechanism of the legal regulation of relations with the use of the TDR in economy, in the spheres of public administration and the implementation of public functions. Otherwise, this area will suffer from incomplete legislative regulation with the need for constant «patching of holes» associated with the hasty and ill-considered law.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals Challenges and Prospects of the Legal Regulation of Robotics

2020 ◽  
Vol 1 (12) ◽  
pp. 26-35
Author(s):  
E. S. Mikhaleva ◽  
E. A. Shubina
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
New Technologies ◽  
Legal Regulation ◽  
Modern World ◽  
Cyberphysical Systems ◽  
The European Union ◽  
Legal Norms ◽  
Foreign Countries ◽  
New Challenges

The modern world almost continuously emphasizes the importance of new challenges and solutions in all areas and fields of life for humanity. The emergence of new technologies and the improvement of conventional mechanisms to meet the demands of digital reality pose new challenges for any social science and practice; the role of law as a tool of regulatory influence on public relations becomes of particular importance. Recently, the issue of regulation of ubiquitous artificial intelligence, cyberphysical systems, advanced “smart” robots and other achievements of engineering science has become of primary importance for the Russian and world legal science. The authors of the article have analyzed the issues of possible approaches to the robotics legal regulation. Due to the latest trends in the development of legal norms on robotics in foreign countries, in particular in the European Union, the issues of legislative recognition and determination of the robot’s status, i.e. the prospect of robots becoming legally capable, or strengthening and clarifying the legal regime of the robot exclusively as an object of legal regulation become topical. The paper is devoted to studying topical issues of possible directions of legal regulation of robotics and analyzing the main approaches to determining the legal status of robots and liability for harm caused by them in the autonomous performance of actions.

scholarly journals Constitutional and Legal Status of Artificial Intelligence in Russia: Present and Future

Lex Russica ◽  
2020 ◽  
pp. 78-85
Author(s):  
A. V. Nechkin
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Main Element ◽  
Current Form ◽  
Legal Personality ◽  
Socioeconomic Rights ◽  
Artificial Intelligence Technology

In the paper, the author uses general scientific and specific scientific methods of cognition to scrutinize the problems of constitutional and legal regulation of public relations in Russia, related to the widespread introduction of artificial intelligence technology. Based on the results of the research, the author concludes that modern Russian constitutional legislation, even in its current form, makes it possible to regulate the nascent social relations associated with the widespread introduction of artificial intelligence technology. In particular, it is noted that the provisions of the Constitution of the Russian Federation allow for an expanded interpretation of the concept "personality", covering not only a person, but also highly developed artificial intelligence. According to the author, the constitutional and legal status of highly developed artificial intelligence should be based on the image and likeness of the constitutional and legal status of a person. The only exceptions should be the following. First is legal personality, which by its legal nature should be extremely close to the legal personality of bodies and organizations and should arise from the moment the relevant decision is made by the competent state authority. Rights, freedoms and obligations should imply a limited amount of personal rights and freedoms, the complete absence of political and socioeconomic rights. The last exception is the limited passive dispositive capacity of artificial intelligence. In addition, the main element in the structure of the constitutional and legal status of artificial intelligence in Russia should be universal restrictions on its rights and freedoms, which would serve as analogues of natural human physiological restrictions and would not allow artificial intelligence to acquire evolutionary advantages over humans. Thus, the structure of the constitutional and legal status of artificial intelligence as a person can and should in the future look like this: legal personality; rights, freedoms and duties; guarantees that ensure the implementation of rights and freedoms; universal restrictions on rights and freedoms.

scholarly journals To the Issue of Determining the Limits of Municipal Legal Regulation

2019 ◽  
pp. 38-48
Author(s):  
Olena Halus
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Basic Principles ◽  
Delegation Of Authority ◽  
Legislative Regulation ◽  
Municipal Law ◽  
Different Levels ◽  
Law Regulation

The article notes the lack of a unifed approach to understanding the limits of legal regulation in general, and the limits of municipal-legal regulation in particular. Public relations related to the implementation of local self-government are regulated both at the level of the Constitution and laws of Ukraine, as well as municipal-legal acts. At the constitutional and legislative levels, only the basic principles and guar- antees of local self-government should be determined. The limits of municipal-law regulation should be considered in two respects: frstly, in terms of the relation bet- ween different levels of legal regulation of the sphere of local self-government; and secondly, in terms of the volume of municipal-legal regulation of the relevant sphere of social relations. In terms of public relations, which are subject to municipal regu- lation, it is expedient to allocate normative and individual municipal-legal regula- tion. The limits of individual municipal-legal regulation coincide with the limits of normative municipal-legal regulation. It is worthwhile to distinguish between legal regulation of local self-government and the limits of municipal-legal regulation. The legal regulation of local self-government is multilevel, includes constitutional, le- gislative and sub-legislative regulation. Municipal-legal regulation can be attributed to sub-legislative regulation. At the legislative level, the hierarchy of subordinate normative legal acts has not been defned in the event that they regulate the same social relations. Therefore, in the opinion of the author, in the aspect of the relation- ship of different levels of legal regulation of the sphere of local self-government, the limits of municipal-legal regulation are stipulated by its subordinate nature and are determined by the requirement not to contradict the Constitution and laws of Ukraine. Regarding the exercise of delegated powers by regional and district coun- cils, the limits of their municipal-legal regulation are defned in the relevant act on the delegation of authority (contract on the delegation of authority). From the point of view of the volume of municipal-legal regulation of the relevant sphere of public relations, the Constitution of Ukraine defnes the limits of municipal-legal regula- tion in Article 140, namely, the independent resolution of issues of local importance within the territorial community within the limits of the Constitution and laws of Ukraine.

scholarly journals REGULATORY STATE: FINDING A BALANCE BETWEEN REGULATION AND DEREGULATION

2019 ◽  
pp. 54-61
Author(s):  
Anatolii Bereza
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Market Failures ◽  
Negative Consequences ◽  
Regulatory State ◽  
European Continent ◽  
Desirable Outcome ◽  
Social Security Reforms

Improving public administration requires taking into account both the positive and negative consequences of government interference in all spheres of public relations. Systematic, structural, comparative and historical methods were applied to find out the place of the legal regulation of social relations in the formation of a new type of state — the regulatory one. The EU is a prime example of this form of state, which combines neoliberalism, a constant desire for innovation, and a refusal to intervene in the economic sphere, to introduce liberal social security reforms. The main features of the regulatory state are the deregulation of markets and the decentralization of administrative capacity, the emergence of new network capabilities, and multi-level governance. There was also a clear upward trend in integrated regulation and strategic planning policies at all levels: European, national and regional. In a regulatory state, the concept of regulation as authoritarian rule and concerted action requires a clear distinction between «hard» and «soft» regulation. «Hard» regulation requires legislative action and coercive mechanisms to enforce and impose sanctions in case of non-compliance. On the other hand, the use of «soft’ regulation is sometimes seen as regulation through conviction and deliberation aimed at reaching agreement as the most desirable outcome. So modern regulatory state must combine «hard» and «soft» regulation to guarantee economic development and protect society from external risks (globalization, climate change, etc. ). The evolution of a regulatory state on the European continent demonstrates the need to combine deregulation and re-regulation at different levels of public administration and spheres of public activity to maximize the effective use of the power of concentration by public authorities and special knowledge and long-term prospects for the development of semi-governmental organizations. Deregulation enables the state to respond adequately to changes in public relations under the influence of external factors, primarily globalization, and regulation to minimize the negative effects of market failures and protect the humanitarian, social and environmental spheres.

scholarly journals REGULATORY STATE: FINDING A BALANCE BETWEEN REGULATION AND DEREGULATION

2019 ◽  
pp. 54-61
Author(s):  
Anatolii Bereza
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Market Failures ◽  
Negative Consequences ◽  
Regulatory State ◽  
European Continent ◽  
Desirable Outcome ◽  
Social Security Reforms

Improving public administration requires taking into account both the positive and negative consequences of government interference in all spheres of public relations. Systematic, structural, comparative and historical methods were applied to find out the place of the legal regulation of social relations in the formation of a new type of state — the regulatory one. The EU is a prime example of this form of state, which combines neoliberalism, a constant desire for innovation, and a refusal to intervene in the economic sphere, to introduce liberal social security reforms. The main features of the regulatory state are the deregulation of markets and the decentralization of administrative capacity, the emergence of new network capabilities, and multi-level governance. There was also a clear upward trend in integrated regulation and strategic planning policies at all levels: European, national and regional. In a regulatory state, the concept of regulation as authoritarian rule and concerted action requires a clear distinction between «hard» and «soft» regulation. «Hard» regulation requires legislative action and coercive mechanisms to enforce and impose sanctions in case of non-compliance. On the other hand, the use of «soft’ regulation is sometimes seen as regulation through conviction and deliberation aimed at reaching agreement as the most desirable outcome. So modern regulatory state must combine «hard» and «soft» regulation to guarantee economic development and protect society from external risks (globalization, climate change, etc. ). The evolution of a regulatory state on the European continent demonstrates the need to combine deregulation and re-regulation at different levels of public administration and spheres of public activity to maximize the effective use of the power of concentration by public authorities and special knowledge and long-term prospects for the development of semi-governmental organizations. Deregulation enables the state to respond adequately to changes in public relations under the influence of external factors, primarily globalization, and regulation to minimize the negative effects of market failures and protect the humanitarian, social and environmental spheres.

scholarly journals Digitization in Law: International-Legal Aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 547-563
Author(s):  
Liydmyla Panova ◽  
Liliya Radchenko ◽  
Ernest Gramatskyy ◽  
Anatolii Kodynets ◽  
Stanislav Pohrebniak
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Aspect ◽  
State Level ◽  
Legal Regulation ◽  
International Experience ◽  
Legal Mechanism ◽  
Constant Improvement ◽  
Scientific Achievements

Due to the development of the information society, countries face the task of effectively regulating the relevant social relations. The mechanisms of such regulation should correspond to the specifics of such relations. Digitization is one of the modern methods of legal regulation, which is the use of information technology at the state level. The existing scientific achievements on digitalization processes need constant improvement, which corresponds to the specifics of this field. The object of research is digitalization in law in the light of international experience. The article aims to study and analyze digitalization in law in the international legal aspect. The following methods were used during the study: systemic, systemic-functional, comparative, sociological, analysis, synthesis, analogy, observation, classification, and statistical analysis. The article analyzes the phenomenon of digitalization, identifies the main approaches to understanding it. On the example of international experience (such countries as France, Germany, Italy, Georgia, Greece, and Great Britain), the mechanisms of using digitalization in public administration are determined, the legal regulation of informatization is analyzed. Also, based on the study and analysis of doctrinal teachings of international information experience, it is proposed to improve the domestic legal mechanism to ensure the effective functioning of public relations.

Legal Providing of Application of Energy Effective Lightning Technology and Intellectual Networks in the Conditions of Digital Economy

2019 ◽  
pp. 123-128 ◽  
Author(s):  
Maksim V. Demchenko ◽  
Rostislav O. Ruchkin ◽  
Eugenia P. Simaeva
Keyword(s):  
Public Relations ◽  
New Technologies ◽  
Electric Power Industry ◽  
Legal Regulation ◽  
Power Grids ◽  
Smart Power ◽  
Smart Power Grids ◽  
Russian Economy ◽  
Intellectual Networks ◽  
Efficient Power

The article substantiates the expediency of improving the legal support for the introduction and use of energy-efficient lighting equipment, as well as smart networks (Smart Grid), taking into account the ongoing digitalization of the Russian economy and electric power industry. The goal of scientific research is formulated, which is to develop practical recommendations on optimization of the public relations legal regulation in the digital power engineering sector. The research methodology is represented by the interaction of the legal and sociological aspects of the scientific methods system. The current regulatory and legal basis for the transformation of digital electricity relations has been determined. The need to modernize the system of the new technologies introduction legal regulation for generation, storage, transmission of energy, intelligent networks, including a riskbased management model, is established. A set of standardsetting measures was proposed to transform the legal regulation of public relations in the field of energyefficient lighting equipment with the aim of creating and effectively operating a single digital environment, both at the Federal and regional levels. A priority is set for the development of “smart” power grids and highly efficient power equipment in the constituent entities of the Russian Federation through a set of legal, economic (financial), edu cational measures.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

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