scholarly journals Platform Law and Platform Solutions in the Fight against the Pandemic

2021 ◽  
Vol 8 (3) ◽  
pp. 443-452
Author(s):  
A. V. Altoukhov ◽  
S. Yu. Kashkin ◽  
N. A. Molchanov
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
New Technologies ◽  
Analytical Techniques ◽  
Legal Regulation ◽  
Privacy Laws ◽  
The Usa ◽  
The Russian Federation ◽  
Rapid Processing ◽  
The Impact

The paper looks at the impact of the coronavirus pandemic, focusing upon the invaluable contribution of the platform technologies and artificial intelligence to the fight against this suddenly impending threat. Applying analytical techniques, we focus on some Asian countries (i.e. Singapore, China), Russia and the USA. The results demonstrate that rapid processing of large amounts of data, standardization protocols and quick analysis within a tight deadline cannot be overestimated. However, lack of the appropriate legal regulation significantly limits the functionality of platform solutions. We live in a modern legal state, where human rights arerecognized as the highest value, so implementation of new technologies, regardless of their efficiency and practical value, should not infringe the rights of citizens, but meet the requirements of the law. The article tackles the problem of global COVID-19 pandemic by focusing on the international experience in the use of artificial intelligence and arising legal issues associated with human rights and information privacy laws. This will help to determine the vector of the legislation development globally among the continents and in the Russian Federation specifically.

scholarly journals On certain aspects of public legal responsibility in the sphere of using artificial intelligence and autonomous robots

2021 ◽  
pp. 24-41
Author(s):  
Svetlana Sergeevna Gorokhova
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
New Technologies ◽  
Autonomous Robots ◽  
Autonomous Systems ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Public Responsibility ◽  
The Subject ◽  
The Russian Federation

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.

scholarly journals Artificial Intelligence and Robotics: The Possibility of Invasion of Human Rights and Legal Regulation of these Processes in the EU and the World

Lex Russica ◽  
2019 ◽  
pp. 151-159 ◽  
Author(s):  
S. Yu. Kashkin
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Russian Federation ◽  
Science And Technology ◽  
Comparative Law ◽  
The United States ◽  
Legal Regulation ◽  
The World ◽  
The Russian Federation ◽  
And Robotics

The paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. Conclusions are drawn on the possibility of using the world scientific achievements for the long-term development of the law of the Russian Federation. It is also possible to apply positive foreign experience of legal regulation of artificial intelligence and robotics adapted to the conditions of integration organizations with the participation of the Russian Federation.

THE ACTIVITIES OF THE USA AND CHINA IN THE REGIONS OF THE WORLD, AFFECTING THE REALIZATION OF RUSSIA'S INTERESTS. Part 1: country interests and activities

2021 ◽  
Vol 1 (10) ◽  
pp. 149-166
Author(s):  
Dmitry V. Gordienko ◽  
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Asia Pacific ◽  
The Arctic ◽  
The World ◽  
The Usa ◽  
The Russian Federation ◽  
The Military ◽  
The Impact

The paper examines the interests of Russia, the United States and China in the regions of the world and identifies the priorities of Russia's activities in Europe, Central Asia and the Caucasus, the Asia-Pacific region, the Arctic, Africa, the Middle East and Latin America, their comparative assessment with the interests of the United States and China. An approach to assessing the impact of possible consequences of the activities of the United States and China on the realization of Russia's interests is proposed. This makes it possible to identify the priorities of the policy of the Russian Federation in various regions of the world. The results of the analysis can be used to substantiate recommendations to the military-political leadership of our country. It is concluded that the discrepancy between the interests of the United States and China is important for the implementation of the current economic and military policy of the Russian Federation.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

scholarly journals Economic and non-economic values and objectives in the EU’s international trade: Normative tensions, actors and processes

2019 ◽  
Author(s):  
Urszula Jaremba ◽  
Machiko Kanetake ◽  
Ingrid Koning
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
New Technologies ◽  
Economic Values ◽  
Trade Relations ◽  
Trade Law ◽  
Law And Policy ◽  
Recent Developments ◽  
The One ◽  
The Impact

This Europe and the World: A law review special issue comprises selected papers presented at a RENFORCE workshop on the theme of tensions between the EU’s trade and non-economic values, held at Utrecht University in November 2017. The symposium addresses normative dilemmas underlying the EU’s trade law and policy. Normative dilemmas subsist between, on the one hand, the EU’s basic pursuit of its commercial interests and trade liberalization, and, on the other hand, the EU’s mandate to promote and safeguard a number of non-economic values, including human rights and sustainable development. The journal symposium aims to unveil normative tensions existing in the EU’s trade and investment policy, and understand some of the key actors and processes through which normative tensions are created and also mitigated. While the tensions between economic and non-economic values in the EU’s trade law and policy have been extensively discussed in literature, the present symposium highlights some of the recent developments in the EU’s trade relations, analyses not only human rights but also sustainable development, and examines the impact of new technologies.

scholarly journals Challenges of digitalization and artificial intelligence for modern economies, societies and management

2020 ◽  
Vol 28 (3) ◽  
pp. 556-567
Author(s):  
Rolf Clauberg
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Technical Information ◽  
Developed Countries ◽  
Negative Effects ◽  
Physical Systems ◽  
Large Numbers ◽  
Official Policy ◽  
The Usa ◽  
New Jobs

This study aims at identifying the challenges of digitalization and artificial intelligence for modern economies, societies and business administration. The implementation of digitalization schemes as Industry 4.0 are presently official policy of many developed countries. The goal is optimization of production processes and supply chains. Artificial intelligence is also affecting many fields. Both technologies are expected to substantially change working conditions for many people. It is important to identify the kind and impact of these changes and possible means to minimize negative effects. For this purpose, this study uses previous results about the disappearance of manufacturing jobs in the USA and their impact on different groups of society together with technical information about the new technologies to deduce expected changes caused by digitalization and artificial intelligence. Results are that both technologies will destroy large numbers of jobs and complete job classes while at the same time creating new jobs very different from the ones destroyed. Extensive permanent education and re-education of employees will be necessary to minimize negative effects, probably even changes to a more broad-based education to improve the potential of job changes into completely new fields. In addition, the technical information about digitalization in cyber-physical systems points to dangers that will require solutions on the international level.

scholarly journals Legal Problems of Digitalization: Theoretical and Legal Aspects

Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Social Regulation ◽  
Legal Studies ◽  
Legal Problems ◽  
The Social ◽  
Analysis And Synthesis ◽  
Actual Change

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.

scholarly journals “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

Sign in / Sign up

Export Citation Format

Share Document