Legal regulation of the use of digital technologies: theoretical reflections

2021 ◽  
pp. 81
Author(s):  
Vladimir K. Andreev
Keyword(s):  
Civil Rights ◽  
Information Technologies ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Good Faith ◽  
Intellectual Activity ◽  
Digital Innovation ◽  
Digital Rights ◽  
The Relationship ◽  
General Regulation

In the article, based on the analysis of Russian laws on the use of digital technologies, the relationship between legal and digital regulation is considered, it turns out that information technologies are mechanical processes of algorithmic algorithms for individual transactions for the execution and execution of transactions carried out using electronic and other technical means. Experimental legal regimes are ways of introducing digital innovation into the canvas dof general regulation. The execution and execution of transactions using electronic other technical means does not lead to the creation of an electronic personality, since within the framework of the information system, operations with digital rights are carried out without human participation, and the digital rights themselves are the results of the transformation of ordinary civil rights and obligations into them, and the holder of digital rights is not a subject of law. The article explores the possibility of considering digital rights as objects of intellectual activity. Trust in machine technology is not equivalent to the good faith of the participants in legal relations.

Differentiation of the Legal Regulation of the Pledge Depending on from the Object

2021 ◽  
Vol 6 ◽  
pp. 39-44
Author(s):  
I. G. Zhabinsky ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Ongoing Debate ◽  
Intellectual Activity ◽  
Common Features ◽  
The Relationship ◽  
Legal Entities ◽  
Individual Objects

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.

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 THE PRINCIPLE OF PROTECTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 31 (5) ◽  
pp. 917-923
Author(s):  
E.F. Tensina
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Information Component ◽  
Criminal Proceedings ◽  
The Relationship ◽  
Current Mechanism

The article analyzes the reasons for the introduction of the principle of protection of human and civil rights and freedoms in the criminal procedural system of principles, including taking into account international legislation. The relationship between the concepts of "protection" and "protection" is revealed. The characteristic of its content is given with the allocation of elements. The content of the information component in the activities of officials carrying out criminal proceedings is analyzed. The concepts of witness immunity and witness privilege are defined, their significance for the content of the principle of protection of human and civil rights and freedoms. Particular attention is paid to the issues of legal regulation of the security program for participants in criminal procedural relations and the current mechanism of compensation for harm caused to the victim of a crime. Taking into account the analysis, the problems of legal regulation were identified and proposals were made to eliminate them. The importance of a serious and thoughtful attitude of officials carrying out criminal proceedings to ensuring human and civil rights and freedoms in criminal proceedings is emphasized.

scholarly journals Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

Legal Framework of the Unified Information System Functioning in State and Municipal Procurement

2020 ◽  
Vol 15 (8) ◽  
pp. 136-145
Author(s):  
L. V. Andreeva
Keyword(s):  
Information System ◽  
Information Systems ◽  
Civil Rights ◽  
Information Technologies ◽  
Digital Technologies ◽  
Legal Framework ◽  
Document Management ◽  
State Information ◽  
Other Information ◽  
Main Component

Currently, in the context of information technologies development and the transition to the digital technologies application in the economy and public administration, the importance of information systems, including state information systems, is increasing. In the field of state and municipal procurement, an information infrastructure has been created, the main component of which is the state unified information system (UIS), which has significant features compared to other state information systems, the effective functioning of which is of great importance to ensure the entire procurement process. The purpose of the paper is to determine the legal nature and functions of the UIS, to study the features of interaction with other information systems and the prospects for its development in the context of the digital technologies application. This goal assumes the solution of the following tasks: analysis of regulatory legal acts that establish the rules for the functioning of the UIS; determination of common features of the UIS with other state information systems and its distinctive features; study of forms of interaction of information systems with the UIS; analysis of the effectiveness of the organization of electronic document management by means of UIS; development of proposals for improving the rules for the UIS functioning.As a result of the study, it was concluded that the implementation of civil rights and obligations in the field of state and municipal procurement is carried out through the EIS; the features of the EIS as a multifunctional state information system are determined and a conclusion is made about its uniqueness; suggestions were made on the application of measures to improve the functioning of the ENI, and the use of digital technologies in the field of procurement.

scholarly journals Russian legal experience in using information technologies in diagnostics of reflux esophagitis

2021 ◽  
Vol 109 ◽  
pp. 01040
Author(s):  
Anna Voevodina
Keyword(s):  
Health Care ◽  
Reflux Esophagitis ◽  
Information Technologies ◽  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Telemedicine Technology ◽  
Number Of Patients ◽  
Analysis And Synthesis ◽  
Analysis System

This publication focuses on a theoretical investigation of the issues of Russian experience in the application of digital technologies in the provision of medical care in the diagnosis of oesophageal hernia complicated by reflux esophagitis. The relevance of the research lies not only in the increasing number of patients diagnosed with reflux esophagitis, but also in the current digital paradigm of the entire Russian healthcare system. Despite domestic legislative attempts to legally regulate the use of digital technologies in health care through the regulatory introduction of telemedicine technology, as is most common, certain issues in the use of this digital "platform" in health care remain unresolved. The methodological basis of this study is the methods of comparative analysis, system-structural analysis and synthesis. The author has assessed the possibility of using telemedicine technologies in the context of the doctor-patient relationship, implemented in a remote format, when diagnosing a patient, including from the position of significant territorial remoteness of the patient. There is a focus on the need for a more specific legal regulation in terms of legally establishing the definition for guaranteeing the security of personal data received by participants in the consultation, processed by them when applying telemedicine technologies.

Intellectual Property and Information in the Context of Technological Development

2020 ◽  
Vol 2 (2) ◽  
pp. 104-125
Author(s):  
N. V. Buzova ◽  
◽  
M. M. Karelina ◽  
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Technological Development ◽  
Historical Context ◽  
Modern Society ◽  
Legal Regulation ◽  
Telecommunication Networks ◽  
Digital Environment ◽  
Intellectual Activity ◽  
Digital Rights

Introduction. Information and intellectual property are becoming increasingly important not only in Russia but all round the world. They form the basis of information resources in information and telecommunication networks, which are actively used in modern society. The concept of information has several meanings. The confusion of its technical and legal meanings can lead to legal ambiguity, which will complicate the protection of rights in connection with the introduction of objects into civil circulation, and their use in the digital environment, including in court. Theoretical Basis. Methods. The article provides a comparative analysis of the legislation of the Russian Federation on information and intellectual property in its historical context in order to identify common problems and identify trends in further development. Results. Information from a technical point of view is the data which forms any digital object (its form), including an information resource or information system. Such an object is able to exist only in a digital environment, and its use is possible only with the help of technical means. Information also has a legal meaning. In this sense, it constitutes the content of the result of intellectual activity, for example, a piece of work. Discussion and Conclusion. Currently, there are new technologies, objects, for example, digital rights, utilitarian digital rights, and legal relationships concerning their use, requiring changes in legal regulation. It is important to avoid confusion between different concepts of information in order to facilitate the subsequent proper and effective enforcement of the introduced legal norms in the development of new legislation.

scholarly journals Digitalization of Agri-Cooperatives in the Smart Agriculture Context. Proposal of a Digital Diagnosis Tool

2020 ◽  
Vol 12 (4) ◽  
pp. 1325 ◽  
Author(s):  
Antonio Manuel Ciruela-Lorenzo ◽  
Ana Rosa Del-Aguila-Obra ◽  
Antonio Padilla-Meléndez ◽  
Juan José Plaza-Angulo
Keyword(s):  
Value Chain ◽  
Environmental Sustainability ◽  
Information Technologies ◽  
Agricultural Sector ◽  
Innovation Process ◽  
Digital Technologies ◽  
Legal Form ◽  
Digital Innovation ◽  
Diagnosis Tool ◽  
Smart Agriculture

The use of digital technologies has been recognized as one of the great challenges for businesses of the 21st century. This digitalization is characterized by the intensive use of information technologies in the different stages of the value chain of a sector. In this context, smart agriculture is transforming the agricultural sector in terms of economic, social, and environmental sustainability. In some countries, cooperatives, as the most common legal form of the incumbent companies, in this rather traditional low-intensive technology sector, are going to develop a relevant role in the process of adoption of these technologies. In this context, this paper provides, first, a review of the evolution of the main digital technologies, such as Internet of Things, robots, Artificial Intelligence, Big Data, and Blockchain, among others. Second, a description of the digital innovation process in agri-cooperatives in order to help them in the decision-making process, and third, a digital diagnosis tool for measuring cooperatives’ digital innovation. This tool is initially applied to two cases of agri-cooperatives in Spain. All of this contributes to a better understanding of digitalization of agri-cooperatives in the context of smart agriculture.

scholarly journals Court Judgement as a Jural Fact in Civil Law: Doctrinal Discourse and the Problem of Legal Formulations

2021 ◽  
pp. 240-262
Author(s):  
V. G. Golubtsov ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Modern Science ◽  
Legal Regulation ◽  
Public Law ◽  
Procedural Law ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
The Relationship

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.

scholarly journals DIGITAL TECHNOLOGIES AS AN OBJECT OF CIVIL LAW

2020 ◽  
Author(s):  
A. Bobrovnikova ◽  
T. Konoplyannikova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Information Technologies ◽  
Civil Law ◽  
Digital Technologies ◽  
Legal Framework ◽  
Civil Code ◽  
The Russian Federation

The article discusses changes in the legal framework for the introduction and use of information technologies in Russia. The article analyzes the issue of improving the new object of civil rights, taking into account amendments to the Civil code of the Russian Federation and other legal acts.

Sign in / Sign up

Export Citation Format

Share Document