scholarly journals DIGITAL TECHNOLOGIES IN THE SYSTEM OF ORGANIZATIONAL AND LEGAL REGULATION OF EMPLOYMENT OF THE POPULATION

2021 ◽  
Vol 42 (1) ◽  
pp. 24-35
Author(s):  
А.А. Fedchenko ◽  
◽  
N.V. Dorokhova ◽  
E.S. Dashkova ◽  
◽  
...  
Keyword(s):  
Large Scale ◽  
Labor Relations ◽  
Negative Impact ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Industrial Society ◽  
Self Employment ◽  
The Russian Federation ◽  
Post Industrial

The article examines the process of regulating employment through the introduction of digital technologies in the organizational and legal sphere. The authors considered the features of the manifestation of organizational and legal aspects of employment regulation during the transition to a post-industrial society. The attention is focused on the most problematic areas of employment regulation. The research is based on the position of continuity of socio-economic development and continuity of its stages. The study made it possible to identify quantitative, structural, and qualitative transformations in the field of employment in the Russian Federation, related to information and digital technologies. These changes require the solution of a set of tasks to improve the system of organizational and legal regulation of employment: limiting the negative impact of digital technologies in the process of regulating employment; regulation of organizational and legal regulation of all types of “agency labor” and its adjustment, considering the spread of its non-standard forms in terms of expanding the scope of digital technologies; ensuring cooperation between all parties of social and labor relations on issues related to the use of non-standard forms of employment in the context of the introduction of digital technologies; reduction of “digital illiteracy” among jobseekers; positioning of electronic self-employment as a promising form of employment regulation. Based on the results of the study, the authors determined the vector for solving these problems, considering the large-scale use of digital technologies.

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

scholarly journals Digital ecology: Artificial intelligence impact on legal and environmental sphere

2020 ◽  
Vol 10 (5) ◽  
pp. 150-154
Author(s):  
A.A. Vasiliev ◽  
Y.V. Pechatnova ◽  
A.Yu. Mamychev
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Legal System ◽  
Large Scale ◽  
Negative Impact ◽  
Digital Technologies ◽  
Positive Trend ◽  
Digital Revolution ◽  
Advantages And Disadvantages ◽  
The Russian Federation

New century turns out the intensive scientific revolution, which leads to the extension the digital technologies. The research is devoted to the analysis the opportunities and prospects for the implementation of the artificial intelligence in the legal system. The urgency of the study predetermines by the large-scale digital revolution that affects all spheres of society, including the area of legal activity (for example, the initiative to use lawyers-robots in the legal corporations; the idea to automate legal activity; the appearance of smart contracts, blockchain technologies, cryptocurrency, which are not regulated by the Russian law yet; increase if the cybercrime and others). The purpose of the study is to analyze the advantages and disadvantages, opportunities and limits of introducing the digital technologies into the legal environment. Research methods are analysis, synthesis and comparative law. The study contains several positions. Firstly, the analysis the points of view about the theme of research among the national and foreign scientists are presented. Secondly, the comprehensive assessment of the artificial intelligence influence on the legal sphere is given. Thirdly, the opportunities for regulation changed relationships, connected with digital technologies, in the current Russian legislation, and the advantages and disadvantages of fixing new categories in the Civil Code of the Russian Federation are researched. Fourthly, examples of the negative impact of legal vacuum on the law enforcement practice and the ways for its overcoming are given. By the way, specific decisions of the courts given as the arguments. Fifthly, the analysis of current trends in the introduction of digital technologies in the legal sphere in the Russian Federation and in the over countries is carried out. There are some contradictory opinions of scientists and practitioners regarding the possibility of using robotic technologies in the legal system. Sixthly, it presents own conclusion based on the conducted research, which is to substantiate the positive trend towards digitalization in the legal system, but the negativity of the possible effects excessive interference of the artificial intelligence in the legal activity.

scholarly journals JUDGE-ROBOT AS OVERCOMING CONTRADICTIONS OF JUDICIAL DISCRETION (LEGAL ASPECTS)

2020 ◽  
Vol 36 (4) ◽  
pp. 169-173
Author(s):  
K. E. Kovalenko ◽  
◽  
Yu. V. Pechatnova ◽  
D. A. Statsenko ◽  
N.E. Kovalenko ◽  
...  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Negative Impact ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Judicial System ◽  
Constitutional Court ◽  
Judicial Discretion ◽  
Advantages And Disadvantages ◽  
The Russian Federation

The article discusses the opportunities and prospects for the implementation of the robot-judge in the Russian Federation judicial system. The urgency of the study predetermines by the large-scale digital revolution that affects all spheres of society, including the area of legal activity (for example, the initiative of German Gref to use lawyers-robots in Sberbank). The purpose of the study is to analyze the advantages and disadvantages of introducing the robot-judge into the legal environment. Research methods are analysis, synthesis and comparative law. The study contains: firstly, the comprehensive assessment of the category “judicial discretion” in the current criminal procedure legislation, the advantages and disadvantages of fixing this category in the Russian Federation Criminal Procedure Code; secondly, examples of the negative impact of judicial discretion on law enforcement practice, with specific decisions of the courts of justice given as arguments; thirdly, the analysis of the possibility of overcoming the specified negative impact through the introduction of digital technologies; fourth, the analysis of current trends in the introduction of digital technologies in the legal sphere, including in the field of the judicial system; fifth, the opinions of the judges of the Russian Federation Constitutional Court, scientists and practitioners regarding the possibility of using robotic technologies in the judicial system. In conclusion, the authors concluded that, in general, the trend towards digitalization in the judicial system is positive, but negative are the possible prerequisites for replacing the judge with the robot, introducing the fact that in this case the possibility of judicial discretion is excluded.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

scholarly journals The Evaluation of Transport Exclusion in the Peripheral Cross-Border Areas of Central Europe in the Context of Applicability of Information-Based Carpooling

2021 ◽  
Vol 13 (6) ◽  
pp. 3440
Author(s):  
Michał Baran ◽  
Duszan Józef Augustyn
Keyword(s):  
Transport System ◽  
Public Transport ◽  
Service Providers ◽  
Negative Impact ◽  
Industrial Society ◽  
Public Transport System ◽  
Development Plans ◽  
Border Areas ◽  
Peripheral Areas ◽  
Post Industrial

The phenomenon of social exclusion caused by transport exclusion is one of the main causes of social problems in peripheral areas, as well as a major organizational challenge for public service providers and all organizations operating in the areas where this problem occurs. Transport exclusion has a negative impact on the dynamics of socioeconomic processes and may interfere with sustainable development plans of stakeholders operating in a given area. The phenomenon is characterized by particular intensity in peripheral border localities with a low population density and outdated public transport system (established in the past to meet the needs of industrial society). The aim of this analysis is to present the basic principles of a conceptual model that combines the estimation of the scale of the transport exclusion phenomenon (in accordance with the specificity of peripheral border areas) with the idea of institutionalized carpooling based on effective information management. The usefulness of the said model underwent verification with respect to the possibility of estimating the scale of transport exclusion in peripheral border areas based on the example of the Polish–Slovak border area (Lesko Commune and Snina District). During the course of the research, factors characterizing the currently functioning public transport system were also indicated. They proved the system’s inadequacy for the challenges faced by the post-industrial society.

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic)

2021 ◽  
Vol 1 (8) ◽  
pp. 118-124
Author(s):  
E. A. Kashekhlebova
Keyword(s):  
Russian Federation ◽  
Work Experience ◽  
Large Scale ◽  
Legal Regulation ◽  
Scale Transformation ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Restrictive Measures

The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

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