scholarly journals THE PROBLEM OF MEANING OF LAW IN A DIGITAL SOCIETY

2020 ◽  
Vol 24 (3) ◽  
pp. 608-628
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Social Relations ◽  
Meaning Making ◽  
Rapid Development ◽  
Main Tool ◽  
Legal Regulation ◽  
Human Society ◽  
Semantic Approach ◽  
Digital Society ◽  
Wide Range ◽  
Being There

The article is devoted to the evolution of law in a digital society in a semantic approach. The rapid development of digital technologies is characterized by contradictory trends. The new technical and technological reality can be terminal for the development of society if people entrust themselves to a "digit" and will not reasonably and responsibly organize their social relations in terms of legal regulation. A more humane version is to consider digital models as a tool for solving social problems. In this way, law should acquire the quality of the main tool of such transformations and along with new functions; those functions are expert-analytical, forecasting, priority adaptation, standardization of technological control. The problem of meaning of law in a digital society can be attributed to most important problems. It covers a wide range of debatable issues: the relation-ship between the real and the virtual in law, consideration of artificial intelligence as a possible subject of law, distinction between truth and plausibility in law, se-miotic nature and methodology of cognizing the meaning of law in the world of signs, symbols, codes, etc. The purpose of the article is to formulate the author's view on the dynamics of the laws meaning in a digital society from the point of view of ontology, epistemology, methodology and applied aspect of knowledge. Research methods: formal legal, analysis, interpretation, forecasting, and modeling. The results of the study. In a digital society, law is being transformed into digital semiotic and augmented reality, with technology as an integral part of it. In these conditions, law, according to author, will preserve the regulatory and value potential for human society on condition that software machine codes are integrated into the human environment, and used to the benefit of a human being. There-fore, the traditional procedures of law-making, interpretation, concretization, application of law and dynamic meaning-making will remain relevant; by analogy with them, the software allowing to interact with the machine will be created and developed. The article arrives at the concludion that cognition of the meaning of law in a digital society rests in the search for the truth: law is a human reality and scientific and technological progress is evaluated in compliance with it.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

scholarly journals Robotization in healthcare: legal perspective

2020 ◽  
Vol 64 (2) ◽  
pp. 88-96 ◽  
Author(s):  
Fatima V. Tsomartova
Keyword(s):  
Social Relations ◽  
Large Scale ◽  
New Technologies ◽  
Personal Data ◽  
Legal Regulation ◽  
Healthcare Sector ◽  
Legal Concept ◽  
Medical Robots ◽  
Scientific Methods ◽  
Wide Range

Introduction. The development and application of medical robotics, medical robotic devices, automated technical systems in the field of health care are already quite successful and have great potential. Such large-scale technological changes inevitably actualize the social roles of law, that should properly settle, protect and guide the development of nascent social relations, which until recently occurred everywhere in a kind of regulatory vacuum. Material and methods. The methodological basis of the study included general scientific methods (dialectical, logical, systemic, historical, sociological, statistical) and private scientific methods of legal science (formal-legal, historical-legal and comparative-legal). The empirical basis of the study was Russian and foreign regulatory legal acts and law enforcement practice, as well as legal doctrine. Results. Based on the comparative legal study a legal definition of the medical robots and various options for their classification, among them a special one, including surgical robots, robots used in restorative medicine, rehabilitation of immobilized patients, nursing and care robots, have been developed. Cyborgs are biological organisms containing mechanical or electronic components are allocated to a special group. Legal mechanisms for ensuring security and cybersecurity in this area are highlighted. The necessity of more flexible legal regulation of personal data concerning the health of citizens and medical confidentiality under new technological conditions is justified. Discussion. Legal regulation of the medical robots should be of a staged nature. General norms of sectoral significance can be formulated at later stages. At the moment, it is more rational to direct efforts to determine the legal regime of certain types of created artificial intelligence systems in the healthcare sector. Conclusion. The legal concept of robotics in healthcare should take a significant place in a wide range of scientific studies of the development of new technologies for the benefit, not to the detriment, of a person.

CONCERNING THE APPLICATION OF LEGAL TRANSPLANTS IN LABOUR LAW OF UKRAINE

2021 ◽  
pp. 12-16
Author(s):  
S. Venediktov ◽  
Keyword(s):  
Rapid Development ◽  
Legal Regulation ◽  
Labour Law ◽  
Related Factors ◽  
Wide Range ◽  
The World ◽  
Complex Procedure ◽  
Labour Standards ◽  
Legal Transplantation ◽  
The Individual

The paper analyzes the features of the implementation of legal transplants in the labour law of Ukraine, as well as the factors that contribute to the effective implementation of this category. Transplantation of legal rules and institutions from one country to another is quite common in the world and the history shows many examples of positive or negative transplantation of rules and institutions of labour law. Collective labour law is characterized by a pronounced complexity, which manifests itself in a variety of related interdependent elements that require mandatory accounting. In the individual labour law, such complexity is less pronounced, therefore, some of its practical elements are naturally inclined towards greater acceptance. The most comprehensive example of successful legal transplantation is labour standards of the International Labour Organization. The ILO is a specialized agency of the United Nations that deals directly with the world of work. As of today, 187 states are members of this organization. The ILO adopts conventions, recommendations and protocols on labour issues. The most striking manifestations of legal transplants in the labour law of Ukraine are characteristic, first of all, for the period of its formation and development, which falls on the 20th century. Turning to the prospects for the use of transplants in labour law of Ukraine, it should be noted that in the future this phenomenon to some extent will inevitably accompany the rule-making process. This is facilitated by Ukraine's membership in the ILO, EU integration, growing globalization, the gradual narrowing of social barriers, the rapid development of digital technologies, etc. However, in this case, it should always be remembered that legal transplantation does not forgive formalism and dilettantism, it is not expressed in the literal transfer of the rule or institution of law, but is a complex and complicated process, which is characterized by a wide range of related factors. Such factors include: political component, socio-economic context, traditions in society and social culture, legal culture. Labour law belongs to those branches of law that are naturally suitable for legal transplants. More than a century of ILO activity is a vivid confirmation of this. In turn, legal transplants should not be considered as an option that allows to minimize efforts in reforming national legislation, on the contrary, they are characterized by a rather complex procedure, which is influenced by political, socio-economic, cultural and legal factors. But a comprehensive and balanced consideration of these factors will undoubtedly lead to a positive result. This is due to the presence of a significant number of foreign examples that have long been tested in practice and have led to favorable consequences in the legal regulation of employment relationships, and their implementation in Ukraine would certainly serve as an impetus for the further development and effective functioning of domestic labour law.

ADMINISTRATIVE AND LEGAL PRECONDITIONS OF THE STATE POLICY IN THE SPHERE OF LABOR

2018 ◽  
Author(s):  
Leonid Ostapenko ◽  
Keyword(s):  
Social Relations ◽  
State Policy ◽  
Labor Relations ◽  
Legal Regulation ◽  
The State ◽  
Material Base ◽  
Public Authorities ◽  
Important Place ◽  
Legal Provisions ◽  
Wide Range

Modern approaches in the explanation of Ukrainian state policy in the field of labor, as a rule, are based on the constitutional principles and normative-legal acts, regulating a wide range of social and labor relations. The available arsenal of explanations of state policy has different in content interpretations, with the help of which means and goals, aimed at the implementation of state tasks, which are complex in nature and require legal regulation, are denoted. Among the political, economic and social prerequisites for the formation and implementation of state policy, an important place belongs to the justification of the authoritative nature of state activity aimed at the regulation of social relations, among which should be highlighted relations in the field of labor. The essence of state power to implement tasks in the field of labor reveals not only the socio-political significance, but also indicates the presence of administrative and legal filling of certain provisions of legal regulation of social and labor relations, closely related to employment and employment employment of the population, its participation in the creation of the national material base, which is the basis of the social welfare of the population. Political decisions of the state in the field of labor are carried out by public authorities, which use forms and methods of administrative and legal regulation, its mechanism, which in most cases does not contradict the legal provisions enshrined in the Constitution of Ukraine. At the same time, the spread of state policy in the domestic administrative and jurisdictional practice is one of the conditions requiring the study of the nature, features, purpose and application of administrative and legal regulation of relations in the field of labor.

Law in the Epoch of Digital Transformation: in Search of Solutions

2018 ◽  
pp. 4-11
Keyword(s):  
Social Relations ◽  
Technology Development ◽  
Technological Development ◽  
Rapid Development ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Effi Ciency ◽  
Russian Law ◽  
Integrated Response ◽  
Digital Processes

Humanity is becoming increasingly dependent on technologies. Their rapid development and expansion requires prompt and integrated response of all public institutions and defi nes one of the main challenges facing the law. To overcome them law requires new theoretical and practical solutions that determine the principles and patterns of technology development and impact the effi ciency of law enforcement in conditions of the world’s digital transformation. The article discusses some of the issues and features of development of the Russian law in the context of digital economy development. New approaches to legal regulation and understanding of digital processes are proposed, in particular, in such fi elds as robotics and artifi cial intelligence. While noting the fact that legal regulation of digital relations keeps up with the current level of technological development, the author warns on unreasonable «hyper-regulation». In his opinion in this fi eld of legal regulation priority should be given to measures of encouragement rather than measures of direct regulation of social relations. In conclusion, the author provides justifi cation for a model of «breakthrough» regulation in Russia.

SOME ASPECTS OF DETERMINING HOW TO PROTECT THE OWNERSHIP OF REAL ESTATE

2021 ◽  
Vol 11 (1) ◽  
pp. 243-264
Author(s):  
V.N. KOVAL
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Social Relations ◽  
Rapid Development ◽  
Correct Choice ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legitimate Interests ◽  
Special Rules ◽  
Business Entities

The issues of choosing and determining the best ways to protect property rights to real estate remain relevant at the present time, the constant and rapid development of social relations and legal norms that are a reaction to social changes. At the same time, the mechanisms of legal regulation are being transformed in a significant way in order to effectively restore violated rights. As a result of the described protsesses, a situation occurs when it is difficult to determine not only the norm to be applied, but also the methods of restoring the violated law and order in relation to a specific person. This article is devoted to the problem of determining the appropriate ways to protect the ownership of real estate, based on the analysis of the law enforcement practice of arbitration proceedings and doctrinal developments on this topic. The author, using the example of specific court decisions, presents the approaches of a law enforcement officer in assessing the correctness of the chosen methods of protecting rights. The work done in the course of the study makes it possible to assess the importance of the correct choice of the type of claim that should be applied to the competent authorities in the combination of certain circumstances, for the effectiveness of judicial protection, the role of the first instance court in helping the parties to determine the correct and effective method of protection in specific circumstances. violated or contested right. The paper considers examples of the practice of courts considering economic disputes, according to the types of methods for protecting the rights to real estate of business entities, public law entities and other participants in arbitration proceedings. In addition, the article analyzes general and special rules for choosing the appropriate ways to protect subjective rights and legitimate interests.

scholarly journals Regulation of Settlement Relations under Civil Law in the Context of Development of the Sharing Economy

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
Social Relations ◽  
Rapid Development ◽  
Civil Law ◽  
Rapid Change ◽  
Legal Regulation ◽  
Sharing Economy ◽  
Goods And Services ◽  
Blockchain Technology ◽  
New Institutions ◽  
Modern Era

The modern era is characterized by a rapid change in social relations, the emergence of new institutions, which has become a consequence of rapid development of technologies, their penetration into everyday life. Nowadays, measures are being taken to develop the digital economy. At the same time, the society is experiencing crisis phenomena, environmental problems, which, consequently, leads to changes in the culture of consumption of available limited resources: in the economy there is a tendency to shift from a society of consumption (consumerism) to the sharing economy. Indeed, the idea of the economy of joint use of goods and services (sharing economy, peering economy) is not a new one in itself, but it has gained new impetus in the context of the development of modern technologies, digitalization of the economy, when the creation of uniform technological platforms and marketplaces facilitates the unification and connection of an unlimited number of strangers. All this determines the relevance of the study of the features of civil law regulation of relations associated with the implementation of settlements in connection with the performance of obligations under the contracts concluded in the context of the sharing economy, determination of the possibility of using blockchain technology in this field and peculiarities of the legal regulation of relations in connection with its application. The article highlights that, at the present stage, different models of contractual relations are formed to mediate relations existing in the sharing economy, within each of these models there are peculiarities of performance of obligations, while the model of the sharing economy gives the possibility of using the blockchain technology, but its use is complicated by the lack of proper legal regulation of the relations under consideration.

scholarly journals ADMINISTRATIVE AND LEGAL ENSURE OF “THE BEST INTERESTS OF THE CHILD” IN THE FIELD OF JUNIOR JUSTICE

2020 ◽  
pp. 49-56
Author(s):  
Mykola Veselov ◽  
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Social Protection ◽  
Specific Area ◽  
Legal Regulation ◽  
Social Needs ◽  
Best Interests ◽  
Social Characteristics ◽  
Wide Range ◽  
Definition Of

Today, the concept of “best interests of the child” is recognized as one of the guiding principles of ensuring the rights of children in all spheres of social relations. The object of this study is social relations in juvenile justice as a specific area of children’s rights. The aim of the article is to clarify the meaning of the concept of “best interests of the child” as well as to define the features of administrative and legal provision of this principle in the field of juvenile justice. To achieve this goal, general scientific and special methods of scientific research are used. The author argues that the definition of “best interests of the child” in the field of juvenile justice should only be generally oriented to guaranteeing child’s vital and social needs as a participant in jurisdictional proceedings, taking into account his or her age, biological and social characteristics. Under any circumstances, the list of such interests cannot be exhaustive. In view of the public-service nature of administrative and legal relations, an important role in the current and future ensure of the best interests of the child in any type of jurisdictional proceedings belongs to the administrative and legal means. The priority of attention to administrative and legal means in ensuring the best interests of the child in the field of juvenile justice is due to the wide range and relative universality of administrative and legal regulation, which allows to meet the procedural needs of children within purely jurisdictional proceedings as well as to facilitate other organizational and legal issues of social protection of children.

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