scholarly journals The Specter of Digital Rights

2021 ◽  
Author(s):  
Kirill I. Ryabov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Technological Changes ◽  
Electronic Signature ◽  
Semiconductor Chip ◽  
Legal Forms ◽  
The Impact ◽  
Legal Consequences

In the article, the author examines the problem of the impact of technological changes on the legal regulation of public relations, namely the development of digital technologies, how significant such an impact turned out to be and whether, in this regard, significant changes in the principles and mechanisms of legal regulation are required. It is asserted in the article that the problem how to adapt existing legal forms in order to address inevitable changes in public relationships (does not matter what the cause of these changes is: the so called “digitalization” or something else) may be relatively easily resolved. What we need to do is to segregate those aspects of the factual side of relationships in question that should have legal consequences from the rest, that is from those aspects that may be ignored by law. In order to illustrate this thesis the author considers two examples: the semiconductor chip protection and the electronic signature as a way to identify an entity who expressed a will. The author comes to the conclusion that the existing legal instruments for regulating the emerging new factual relations are sufficient, but they must be used correctly. The author gives examples of such law enforcement within the framework of the article.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

EVOLUTION OF CIVIL LAW RESEARCH: LINKING WITH NEW TECHNOLOGICAL REALITY

2021 ◽  
Vol 3 (3) ◽  
pp. 76-95
Author(s):  
O.A. Serova
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Social Risks ◽  
Engineering Sciences ◽  
Subject Areas ◽  
The Subject ◽  
Object Of Study ◽  
The Impact

Introduction: digitalization has generated qualitative changes in many spheres of public life. The science of civil law cannot stay out of these changes. It is necessary to define new directions of scientific research, including in related fields of knowledge. Cross-sectoral research methods will take a key place in the study of the impact of digital technologies on public relations. Purpose of the research: identification of new thematic (subject) areas for the science of civil law. The relevance of these areas is determined by the high degree of penetration of digital technologies into economic and social processes. Methods: general scientific (dialectical) method, as well as such particular scientific methods of cognition, formal legal, comparative legal, logical. Discussion: a change in the subject areas of research under the influence of a new technological reality occurs in all sciences and fields of activity. Artificial intelligence technologies and robotic technology are being actively studied not only at the level of engineering sciences, mechatronics, etc., but also become an object of study in philosophy, ethics, medicine, linguistics and philology. Outside of this scientific context, research in the field of civil law is impossible. Representatives of other scientific areas determine social risks, threats and opportunities, which later take on specific outlines in the form of legal regulation models. Conclusions: the inclusion of the science of civil law in the subject areas of the new technological reality is dictated by the high social risks of technologization of law. For a long time, civil law managed to maintain a balance between the needs of civil circulation and the protection of the natural rights of citizens. Today, it is also necessary to maintain a balance between the development of digital technologies, reducing regulatory barriers and protecting the rights of citizens, as the least protected category of participants in the digitalization process.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

Budget Security Threats and Risks within the Framework of the Digital Economy Development

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 37-39
Author(s):  
Nadezhda G. Dolmatova ◽  
Keyword(s):  
Public Relations ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Digital Economy ◽  
Security Threats ◽  
Digital Currency

Currently, Russia has begun to form a legal framework for the development of the digital economy. The introduction of digital technologies affects all areas of public relations, including budgetary legal relations. In connection with digitalization, issues of budget security are becoming more relevant. The article substantiates the need to improve the legal regulation of budget relations in terms of ensuring budget security and the use of digital technologies. The author’s classification of budget security threats is given. Legal contradictions in the field of digital currency regulation are revealed. Measures are proposed to eliminate conflicts and gaps in the current legislation regulating budgetary legal relations and relations arising in connection with the use of digital currency.

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

scholarly journals Justification of the Necessity to Adjust Law Enforcement Agencies to Digital Transformation of Criminality

Lex Russica ◽  
2021 ◽  
pp. 63-70
Author(s):  
M. A. Zheludkov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Public Relations ◽  
Criminal Behavior ◽  
Industrial Revolution ◽  
Digital Technologies ◽  
High Tech ◽  
Social Changes ◽  
Law Enforcement Agencies ◽  
Use Of Technology

Underestimation of the importance of solving problems in law enforcement agencies in the context of the use of new digital technologies by criminals may lead to the situation when high-tech crime does not replace traditional forms of theft, but may result in a sharp hypoxia of preventive activities, which will lack the planned law enforcement resources and means of responding to emerging threats. The relevance of the paper lies in the fact that when assessing the use of modern digital technologies in scientific literature and regulatory support, special emphasis is placed on specific data functions of technologies to automatically analyze a set of data and with the help of a set of algorithms to make decisions on optimization of processes and activities, that is, the ability to simplify human relationships. However, the experience of law enforcement has shown that the lack of law enforcement support for protecting the society from negative use of technology leads to the fact that the response now follows the criminal consequences of their use of technologies. The creation of artificial intelligence (AI) systems has led to serious social changes, there is a kind of transformation of public relations under the influence of the digital economy, which inevitably creates the prerequisites for the emergence of specific criminal behavior. The paper provides for a brief analysis of information from open sources about the possibilities of criminal use of artificial intelligence. The author aims to analyze the various possibilities of creating a new model of protection against cybercrime under the control of law enforcement agencies in the context of new threats caused by criminal use of AI technology and the new industrial revolution.

scholarly journals On the issue of administrative and legal regulatory mechanism in the domestic pharmaceutical industry relations

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Gulac Olena ◽  
Keyword(s):  
Pharmaceutical Industry ◽  
Public Relations ◽  
Legal Regulation ◽  
Public Authorities ◽  
Constant Change ◽  
Decentralization Reform ◽  
The Individual ◽  
The Impact ◽  
Industry Relations

The article analyzes the individual components of the mechanism of administrative and legal regulation of relations in the domestic pharmaceutical industry at the present stage. Some problematic aspects of such activity are outlined. The legal bases of regulation of relations in the domestic pharmaceutical industry and the preconditions for reforming both the industry as a whole and its institutional component are determined. It is noted that the state policy in the pharmaceutical sector is implemented by public authorities, however, which, based on the constant change of the central executive system and decentralization reform, undergo quite frequent transformations, which directly affects the quality of their direct functions. In the pharmaceutical industry of Ukraine, there are a number of problematic issues, including corruption. One of the most painful problems facing the country is the problem of providing the population with quality and affordable medicines. The directions of activity of the domestic pharmaceutical branch are analyzed. It is noted that the administrative and legal regulation of relations in the pharmaceutical industry is an integral part of national management. The mechanism of administrative and legal regulation of relations in the pharmaceutical industry is considered as a system of tools (legal, organizational and institutional), which are components of the impact of this branch of law on public relations in the pharmaceutical industry and aimed at ensuring its proper functioning. The analysis of elements of administrative and legal regulation of relations in the pharmaceutical industry is carried out. Keywords: pharmaceutical industry, mechanism of administrative and legal regulation, administrative and legal regulation of relations in the pharmaceutical industry, health care legislation, medical industry, administration in the medical field

scholarly journals Transformation of the Institute of the Source of Increased Danger in the Information and Digital Era

Legal Concept ◽  
2019 ◽  
pp. 35-39
Author(s):  
Sophia Deryugina
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Digital Era ◽  
Scientific Analysis ◽  
Actual Use ◽  
General Scientific ◽  
The Subject ◽  
Contractual Obligations ◽  
The Impact ◽  
General Method

Introduction: the development of the latest information and telecommunication technologies used in the civil law sphere transforms the understanding and application of tort liability for damage caused by a source of increased danger. The identified mechanism requires a scientific analysis to determine the essential changes in the institution of a source of increased danger. The implementation of activities related to the sources of increased danger implies the presence of a threat of harm to the subjects of law. To ensure the greatest protection of subjects, digital technologies are used. The purpose of the study: to determine the characteristics of the concept “owner of a source of increased danger”, to consider the impact of digital technologies on the institution of a source of increased danger. Methods: general method; general scientific method (logical (induction, deduction, analysis, synthesis), system); private law (formal legal, comparative legal). Results: the content of the concept “owner of the source of increased danger”is revealed. The problem of lack of transparency of information about the owner of the vehicle, its causes and consequences is raised. Considered the actual use of digital technologies today in this area and proposed ways to develop the protection of subjects of law from the possibility of illegal actions. Conclusions: the characteristics of the basic concept of “owner of a source of increased danger” are defined, the influence of digital technologies on the institution of a source of increased danger is considered. It is revealed that the identification of the concepts “owner of the source of increased danger” and “owner of the property” can lead to a mixture of proprietary relations and non-contractual obligations, requiring their specific legal regulation. The analysis of the new electronic title is carried out, as well as the further prospects of its development are revealed. The approximate list of data necessary for safety of the subject which enters the legal relationship connected with use by the vehicle is specified.

scholarly journals Admistrative and legal tools in the activities of the cabinet of min- isters of Ukraine

2021 ◽  
pp. 229-234
Author(s):  
I.V. Kovbas ◽  
P.I. Krainii ◽  
S.M. Rudan
Keyword(s):  
Public Policy ◽  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Effective Implementation ◽  
European Standards ◽  
Specific Regulation ◽  
Legal Forms ◽  
And Task

Based on the analysis of normative-legal acts and certain scientific-methodological sources, the article under studies identifies the typical tools, applied by the Cabinet of Ministers of Ukraine in the course of administering its powers. Proper organization and quality legal regulation of the competence, legal forms and methods of the Cabinet of Ministers of Ukraine are of great significance since they affect public relations and the growth of population’s welfare, which is the Cabinet’s main purpose and task. The above considerations require the search for modern democratic and legal approaches to determine the forms of activity of the Cabinet of Ministers of Ukraine. In our opinion, this might be achieved through analyzing various scientific and methodological sources, normative-legal acts on the issue, as well as by means of articulating proposals regarding the improvement of the existing legislation, which in turn, will ensure effective implementation of public policy in Ukraine. The issuance of resolutions and orders of the Cabinet of Ministers of Ukraine is a procedure carried out in a certain sequence. It aims at achieving a clearly defined legal result and requires specific regulation through procedural rules. This procedure is carried out within the framework of two proceedings: a) on the issuance of resolutions and b) on the issuance of orders of the Cabinet of Ministers of Ukraine. In its activities, the Cabinet of Ministers of Ukraine applies various legal forms, which can be defined as ad-ministrative and legal tools. Therefore, it is essential to bring the legislation of Ukraine in line with the European standards, in particular in terms of normative-legal consolidation of the tools of public administration, with the aim of avoiding the use of such outdated concepts as “forms of governing”, “forms of state governing”, etc.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

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