scholarly journals Legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human in the BRICS countries

Author(s):  
Ksenia Michailovna Belikova

Based on the legal material of BRICS countries, this article conducts a scientific analysis on the question of legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human. The relevance is substantiated by the impact upon legal and medical science, as well as the perceptions of peoples and experts (lawyers, medical personnel, sociologists, etc.) affected by new technologies, which currently allow doing what no one could ever imagine, unless in the films or books of science-fiction genre. The author examines different legal scenarios. The scientific novelty consists in the choice of countries – BRICS; the subject of research – legal responsibility for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human; analysis of the selected circle of questions in cross-disciplinary aspect, from the perspective of jurisprudence, medicine, and ethics). The conclusion is made that the approaches of national legislation are influenced by a range of problems that justify the corresponding legal regulation (for example, GMO in Brazil, prohibition of prenatal sex discernment in India, situation after He Jiankui’s experiment in China, etc.).

Author(s):  
KSENIA BELIKOVA ◽  

Based on the legal material of the BRICS countries the article touches upon the issue of legal responsibility of a scientist, creator, operator, etc. for the implementation of the results of his scientific activities in the field of new military technologies. Interest is caused by the impact on legal and military science, as well as on the ideas of both ordinary people and specialists (lawyers, military, sociologists, etc.) provided by new technologies that currently allow to do things that previously could not even be imagined otherwise than in imaginative literature, films, etc. In this way, the current provisions of normative acts (in the field of legislation on intellectual property), ethical codes, etc., and doctrines (works of specialists who give arguments "pro" and "contra" giving legal personality to artificial intelligence) are examined. Scientific novelty is due, firstly, to the choice of countries - these are the BRICS countries, secondly, the subject of the study is the legal responsibility for the implementation of the results of scientific activity of a scientist in the field of new military technologies, thirdly, the analysis of a selected range of issues in an interdisciplinary aspect - from the standpoint of jurisprudence, military science, ethics. Among the conclusions reached by the author, the inevitability of ethical problems when using AI in civil (for example, transport) and military autonomous systems. In this regard, attempts have been made to solve these problems in the BRICS countries in various ways: from declarative limitations in patent legislation to the development of guidelines and ethical principles that meet the realities. The need to develop a single document with an international legal status on the issue of AI-human interaction, based on the opinions and ideas about the principles of such interaction of more than eighty subjects from around the world is also showed.


2016 ◽  
Vol 14 (1) ◽  
pp. 6-44 ◽  
Author(s):  
Orna Ben-Naftali ◽  
Zvi Triger

This article introduces the subject-matter of a symposium on international law and science-fiction. The impact of new technologies on human rights, humanitarian issues and indeed on what it means to be human in a technological age, suffers from a paucity of international legal attention. The latter has been attributed to various factors ranging from technophobia and technological illiteracy, inclusive of an instrumentalist view of technology, to the sense that such attention is the domain of science-fiction, not of international law. The article extends an invitation to pay attention to the attention science-fiction has given to the man-machine interaction and its impact on the human condition. Placing this invitation in the context of the ‘‘law and literature’’ movement, the article exemplifies its value with respect to two technologies, one directed at creating life or saving it (cloning and organ donation) and the other at ending life (lethal autonomous robots).


2020 ◽  
Vol 73 (12) ◽  
pp. 2860-2864
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Vitalii V. Kadala

The aim: The purpose of the study is to assess the impact of recreational lands on human health and determine the priority forms of their use and protection. Materials and methods: International acts, data of international organizations and findings of scientists have been examined and used in the study. The article also summarizes information from scientific journals and monographs from a medical and legal point of view on the basis of scientific methods. This article is based on dialectical, comparative, analytic, synthetic, and comprehensive research methods. Conclusions: Recreational lands positively influence human health through a powerful effect of natural healing resources in combination with health-improving and therapeutic procedures on the body, which is becoming increasingly popular, and in some cases, it is the most effective treatment of all. Recreational lands are an independent category of land with a special legal regime of use, characterized by a developed or undeveloped natural area containing natural resources for treatment, recovery, rehabilitation, and prevention of diseases, which are under the special protection of the state and territorial communities. Special protection of the state in today's conditions is extremely important because there has been a negative trend in Ukraine regarding raider attacks. The objects of such attacks are exclusively those companies that are competitive in the market, have achieved significant profits, and continue to develop their activities by creating new branches and introducing new technologies. In particular, attacks on the property of agricultural enterprises and business entities that carry out activities in the field of IT services have become frequent in recent years [1, p. 172]. The main target of attacks by raiders on agricultural enterprises is their land. Similarly, without state support and protection, recreational land can be the object of raider attacks. The priority form of using recreational land is the placement of resorts and sanatoriums that provide recreational services. Recreational lands can also be used for health improvement in the “wellness” form or within the framework of health tourism.


Author(s):  
Svetlana Sergeevna Gorokhova

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.


2018 ◽  
Vol 6 (3) ◽  
pp. 149-171 ◽  
Author(s):  
Oleg Stepanov ◽  
Denis Pechegin

According to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges.


2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Svitlichnyj Oleksandr ◽  

The article describes the modern legislation of legal regulation of trade secrets, in particular the provisions of the Civil Code of Ukraine. It is noted that legal relations in the field of trade secrets are governed by the Criminal and Commercial Codes of Ukraine, the Code of Administrative Offenses, a number of laws, including the Laws of Ukraine: «On Information», «On Protection against Unfair Competition», «On Banks and banking activity», «On advocacy and advocacy activity», «On state secret» and by-laws, the resolution of the Cabinet of Ministers of Ukraine «On the list of information that does not constitute a trade secret». The study found that in Ukraine, as in many other countries, new technologies, intellectual property and other products are created that contain trade secrets that need legal protection. Due to new information achievements, state borders are practically transparent for the circulation of information. In this case, the more this industry is involved in commercial turnover, the greater the need to protect the interests of the owners of trade secrets. Keywords: legal regulation, information, trade secret, legal responsibility, owner of trade secret, intellectual property, economic activity


2021 ◽  
Vol 8 (3) ◽  
pp. 443-452
Author(s):  
A. V. Altoukhov ◽  
S. Yu. Kashkin ◽  
N. A. Molchanov

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.


2017 ◽  
pp. 111-140 ◽  
Author(s):  
R. Kapeliushnikov

The paper provides a critical analysis of the idea of technological unemployment. The overview of the existing literature on the employment effects of technological change shows that on the micro-level there exists strong and positive relationship between innovations and employment growth in firms; on the sectoral level this correlation becomes ambiguous; on the macro-level the impact of new technologies seems to be positive or neutral. This implies that fears of explosive growth of technological unemployment in the foreseeable future are exaggerated. Our analysis further suggests that new technologies affect mostly the structure of employment rather than its level. Additionally we argue that automation and digitalisation would change mostly task sets within particular occupations rather than distribution of workers by occupations.


2019 ◽  
pp. 123-128 ◽  
Author(s):  
Maksim V. Demchenko ◽  
Rostislav O. Ruchkin ◽  
Eugenia P. Simaeva

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.


2020 ◽  
Vol 10 (5) ◽  
pp. 141-146
Author(s):  
LARISA KUDRYAVTSEVA ◽  

The article analyzes various aspects of the institution of alimony obligations between parents and their children, and also establishes some sanctions against law-abiding parents who do not comply with family law. The purpose of the study is to study the features of the legal responsibility of parents who avoid paying alimony in favor of their children for no good reason. The scientific work indicates some of the most important legislative changes in the field of alimony legal relations, which had a positive impact on the legal regulation of this area of family law. The study also suggested some of its own changes to the current legislation.


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