scholarly journals The application of artificial intelligence in commercial courts of the Russian Federation: perspectives and issues

2021 ◽  
Vol 26 (4) ◽  
pp. 249-254
Author(s):  
Dmitriy V. Bakhteyev ◽  
Lyudmila V. Tarasova
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Negative Impact ◽  
Personal Information ◽  
Court Decisions ◽  
Negative Consequences ◽  
Legal Proceedings ◽  
Intelligence System ◽  
The Russian Federation ◽  
Commercial Courts

The article is devoted to the description of the main directions of artificial intelligence application in the Commercial courts of the Russian Federation – in analytical and organisational work, in the work on adjudication, analysis and interpretation of the rule of law, in control over the adoption and execution of court decisions, in forensic examination. The experience of using artificial intelligence systems in the judicial systems of the Great Britain, the USA, the Netherlands was analysed, and three main directions of using the AI in legal proceedings were distinguished. Based on the practice of using the AI systems, legislation, the principles of the European Ethical Charter for the use of the AI in judicial and law enforcement systems, researchers' forecasts, both the expected positive and possible negative consequences of the use of artificial intelligence in this area are indicated. Use of the AI in legal proceedings can optimise the work of the judicial system, contribute to the suppression of biased, subjective attitudes, corruption and the possibility of judicial error, and at the same time it causes some problems and risks. These include the abidance of ethical principles by the AI, the impossibility of ensuring transparency and verifiability of court decisions made by the artificial intelligence system, the lack of legislative consolidation and legality, and the protection of personal information. In the conclusion, recommendations for prevention of the negative impact of the introduction of the AI systems into arbitration proceedings are given.

scholarly journals Topical issues of legal regulation of artificial intelligence in the implementation of state and municipal service in the Russian Federation

2021 ◽  
Vol 27 (2) ◽  
pp. 160-163
Author(s):  
Ivan N. Melnikov ◽  
Ivan A. Samakov
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Authorities ◽  
Municipal Service ◽  
The Public ◽  
Intelligence System ◽  
Artificial Intelligence Technology ◽  
The Russian Federation

This paper discusses the current issues of legal regulation in the field of artificial intelligence in the state and municipal service in the Russian Federation in order to ensure and protect the rights and freedoms of man and citizen. The article highlights the current problems that arise in the implementation of certain state functions, such as – the work of state bodies with citizens' appeals and the lack of regulatory regulation of the use of artificial intelligence technology in this process, the use of which will contribute to meeting the deadlines for working with citizens' appeals, as well as increase the overall level of quality of interaction between citizens and public authorities. Specific measures are proposed for the development of legislation in order to introduce artificial intelligence in solving the problems facing the public authorities. The article formulates the main conclusion regarding the trend of using the artificial intelligence system in the issue under consideration.

scholarly journals Implementation of the Objectives of Environmental Policy in the Framework of the State-Private Partnership as a Factor of Sustainable Development of Russia

2017 ◽  
Vol 4 (4) ◽  
pp. 76-85
Author(s):  
V G Baev ◽  
I A Kalinina
Keyword(s):  
Sustainable Development ◽  
Environmental Policy ◽  
Russian Federation ◽  
Industrial Development ◽  
Negative Impact ◽  
Public Private Partnership ◽  
The State ◽  
Negative Consequences ◽  
Private Partnership ◽  
The Russian Federation

The purpose of this article is to study the possibilities of public-private partnership in the in realization of environmental policy of the Russian Federation and the Concept of sustainable development. Authors consider that the Russian government should be solving in the process of development of the Russian economy problems of ecology (providing the favorable environment; decrease in anthropogenous load of the environment; increase in efficiency of use of energy resources; correction of negative consequences of resource-intensive industrial development). The public-private partnership is investigated as special legal institute and as a form of interaction between government and business. The potential of public-private partnership in solving problems in the sphere of ecology is studied in these planes.Public-private partnership is studied in various aspects: form of investment in environmental protection; mechanism of achievement of ecological interests of the state and society; a way of stimulation of introduction in economy of innovations which are capable to provide interests of ecosystems.Authors support adoption of the comprehensive and integrated programmatic law which will provide a triad of interests: investments - innovations - ecology. The analysis of legal base of public-private partnership and programmatic laws on sustainable development of the Russian Federation has allowed to draw a conclusion on absence between them direct connection. This has a negative impact on the implementation possibilities of state-private partnership to overcome the environmental crisis. Authors offer changes in the legislation for elimination of this inconsistency. They define the problems of public initiative and public oversight in public-private partnership in the field of ecology.Authors approve need of creation of mechanisms of public control for this sphere.

ASSESSMENT OF THE NEGATIVE CONSEQUENCES OF THE GROWING LOSS OF THE RUSSIAN POPULATION

2021 ◽  
Vol 1 (12) ◽  
pp. 96-102
Author(s):  
Alexandr V. Dzhioev ◽  
Keyword(s):  
Population Dynamics ◽  
Russian Federation ◽  
Birth Rate ◽  
Negative Impact ◽  
Population Decline ◽  
Negative Consequences ◽  
Demographic Situation ◽  
The Past ◽  
Coronavirus Infection ◽  
The Russian Federation

The article highlights the problems of the high natural loss of the population of the Russian Federation observed since the beginning of 2019 due to the increased mortality and the fall in the birth rate of the population. It is shown that the mortality caused by the COVID-19 coronavirus infection only aggravated the previously established trend of population decline in Russia, but was not the cause of it. To substantiate the conclusion about the historical conditionality of the deterioration of the demographic situation of the country, the indicators of population dynamics over the past decades are analyzed, the negative impact of the demographic crisis of Russia on the security of the country is shown, and the assessment of state measures to improve the demographic situation is given.

scholarly journals Digitization of Civil Legal Proceedings in the Russian Federation

2021 ◽  
Vol 9 (4) ◽  
pp. 158-175
Author(s):  
Damir Valeev ◽  
Nikita Makolkin
Keyword(s):  
Russian Federation ◽  
Digital Technologies ◽  
Judicial System ◽  
The Internet ◽  
Legal Environment ◽  
Legal Proceedings ◽  
Administration Of Justice ◽  
The Russian Federation ◽  
The Impact ◽  
Commercial Courts

This work is an analysis of legal trends in the administration of justice and the judicial system of the Russian Federation. Among the main trends, the authors observe an increase in the number of civil cases considered on the merits by both commercial courts and general jurisdiction courts. The authors also analyze some opportunities for increasing the level of integration of digital technologies in the legal environment of the Russian Federation. One of the triggers capable of catalyzing this process is the COVID-19 pandemic. Moreover, the transformations in the administration of justice that require online court trials using the Internet are analyzed, and some foreign experience in implementing such a format of court trials is considered. The authors also assess in this article the impact of judicial reforms in 2019 on the dynamics of the administration of justice.

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 PUBLIC PROSECUTOR'S SUPERVISION OVER PRELIMINARY INVESTIGATION ACTIVITIES FOR CRIME HARM COMPENSATION

2017 ◽  
Vol 21 (1) ◽  
pp. 163-170
Author(s):  
D. A. Ivanov
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Procedure Code ◽  
Additional Investigation ◽  
The Russian Federation

This article is devoted to entity reviewing and main directions of public prosecutor's supervision over activities of preliminary investigation officials for harm compensation caused by a crime during pre-judicial criminal cases. According to the author of this article one of the directions to support rights and legitimate people interests is to give property and physical harm compensation, moral harm compensation and business reputation compensation. This direction of preliminary investigation department activities is at least important than involvement of guilty persons to criminal responsibility for the purpose of recompense assignment. Role of an investigative authority chief, chief of inquiry subdivision, investigator, interrogator and employees of inquiry department in implementation of current legislation provisions regulating harm compensation, caused by a crime during pre-judicial criminal cases is described. The author shows examples of criminal cases which were sent by the prosecutor to additional investigation according to i.2 p.1 of Art. 221 of the Criminal Procedure Code of the Russian Federation. These cases were sent to additional investigation because of inadequate work of above-stated participants of criminal legal proceedings on ensuring harm compensation caused by penal act. The author describes some reasons which have negative impact on public prosecutor's supervision over criminal legal proceeding activities of participants for ensuring harm compensation caused by a crime. Conclusion shows that now public prosecutor's supervision over preliminary investigation activities is up to date. It has a great demand for creation of legal guarantees. These guarantees are very important for those who are the victims of criminal actions and they have all the rights for full-fledged harm compensation. Public prosecutor's supervision is an important feature for procedural prosecutors. It is directed to violation prevention in activities of preliminary investigation and inquiry departments for harm compensation caused by penal acts.

scholarly journals Medical Risk in Criminal Law

2021 ◽  
Vol 15 (3) ◽  
pp. 321-331
Author(s):  
Aleksey Rarog ◽  
Tatiyana Ponyatovskaya
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Code ◽  
Medical Intervention ◽  
Negative Consequences ◽  
Patient Harm ◽  
Medical Risk ◽  
Healthcare Work ◽  
The Russian Federation

The goal of healthcare work is to save people’s lives, to maintain and improve their health. However, in spite of all efforts of doctors, this goal is not always achievable because of the factors and circumstances whose negative impact it may be impossible to take into account due to objective reasons. It leads to the question of the liability of a doctor for patient harm resulting from a medical intervention. There are numerous publications in the fields of both medicine and law dealing with the grounds, forms and limits of liability of medical staff for unintended harm to the patient. Considerably less attention is paid to researching the limits of this liability and the grounds for recognizing the harm to be lawful. The absence of criminal unlawfulness in a medical interference which led to a bad outcome was justified by different circumstances: absence of a causative connection between the actions of the doctor and the negative consequences, absence of guilt in the doctor’s actions, the situation of critical need, the situation of justified risk, etc. The authors prove the fundamental non-applicability of the institute of critical need to the assessment of a medical interference with a bad outcome, as well as the unsuitability of the criminal law norm on justified risk for recognizing patient harm as non-criminal because Art. 41 of the Criminal Code of the Russian Federation, on the one hand, includes requirements that do not refer to healthcare work, and on the other hand — they do not take into consideration its specific features. According to the authors, there is currently a necessity to supplement the Criminal Code of the Russian Federation with a criminal law norm on medical risk as a separate circumstance that precludes the criminal character of patient harm resulting from a medical intervention.

scholarly journals Bacon or Beef? ‘Fake’ Halal Scandals in the Russian Federation

2020 ◽  
Vol 8 (3-4) ◽  
pp. 387-408
Author(s):  
Silvia Serrano
Keyword(s):  
Russian Federation ◽  
Meat Products ◽  
Online Research ◽  
Court Decisions ◽  
Structured Interviews ◽  
Critical Test ◽  
Legal Proceedings ◽  
The Russian Federation ◽  
Per Se ◽  
Soviet Russia

Abstract This article aims at analyzing how the penetration of a commercial rational into the religious field impacts the relations between the State and the Muslim religion in the case of post-Soviet Russia. Here, the rise of a ‘halal market’ – that is the market for halal products and the market of halal certification – was punctuated by scandals. This research scrutinizes one of them, linked with halal meat products containing pork dna. This scandal is studied as it reveals the pre-existing order and is considered per se, as a critical test when common values and norms are either abandoned or strengthened, and previously established relations are transformed. First, the article presents how Islam is organized and regulated in the Russian Federation; then it analyzes the ‘scandalization strategy,’ which leads to the reconfiguration of the game of actors. Lastly, it examines how the scandal, through the use of law and court decisions, contributes to the extension, legitimization and consolidation of the certificated ‘halal’ norm beyond the circles of pious Muslims. This research is based on empirical data gathered in Moscow and Kazan in 2018: the observation of a court trial and the analysis of documents relating to the legal proceedings, semi-structured interviews and online research.

Formation of Discourses of Criminal Law Support of National Security in Russia

2021 ◽  
Author(s):  
Yu. N. Rumyantseva ◽  
◽  
E. S. Kachurova ◽  
Keyword(s):  
Artificial Intelligence ◽  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
The State ◽  
Economic Crime ◽  
Negative Consequences ◽  
The Russian Federation ◽  
Legal Entities

he article attempts to formulate the criminal law component of the problem of support national security, based on the National Security Strategy approved by the Decree of the President of the Russian Federation in 2021. The authors consider the formation of the national security domestic paradigm, highlight the stages of creating a system of national security legal regulation in the Russian Federation, and assess the effectiveness of such regulation. It is concluded that the negative consequences of the reforms carried out in Russia partly themselves pose a threat to its national security. The article studies the formation of the state criminal law policy; the development of criminal law measures against terrorism, extremism, economic crime and corruption; countering the malicious use of artificial intelligence and robotics as priority areas of countering threats to national security by criminal legal means. The formation of an effective criminal legal framework for countering economic crime and corruption is associated with the development of the modern criminal and criminal-legal policy concept. The changes in Russian legislation aimed at ensuring national security through the tightening a number of the Criminal Code norms in relation to terrorist and extremist crimes after the coup d’état in Ukraine in 2014 are illustrative. The risks of malicious use of artificial intelligence require a proactive reaction of the domestic legislator. Analyzing the sphere of development of the economic foundations of the state and society, it is necessary to focus on the conditions of fierce competition from foreign goods, works and services. At the same time, it is impossible not to take into account the fact that competition is often associated not only with scientific and technological advantages, but also with various kinds of abuses on the part of legal entities, which brings the authors back to the discussion on the introduction of the institution of legal entities criminal liability in the Russian Federation.

scholarly journals Роль автотранспортного страхования в системе обеспечения финансово-экономической безопасности Российской Федерации

2019 ◽  
pp. 178-182
Author(s):  
Елена Смирнова ◽  
Илона Булавчик
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Liability Insurance ◽  
Insurance Market ◽  
Impact Factors ◽  
Court Decisions ◽  
Financial Security ◽  
Green Card ◽  
Motor Insurance ◽  
The Russian Federation

Работа посвящена исследованию роли автотранспортного страхования в системе финансово-экономической без- опасности Российской Федерации, а также изучению факторов, влияющих на неё. Проведен анализ основных показателей страхового рынка, предоставлены данные о судебных выплатах автоюристам. При исследовании страхового рынка и рынка автотранспортного страхования были применены методы наблюдения и сбора фактов, при изучении динамики показателей рынка страхования в целом и показателей рынков ОСАГО и КАСКО в частности − метод анализа. Исследование изменения показателей страховых премий и страховых выплат проводилось методом сравнения. The purpose of the research lies in studying the role of the motor insurance in the economic and financial security of the Russian Federation. Hence, the purpose requires exploring the notions of ‘economic and financial security’ and ‘motor insurance’, moni- toring the indices of the motor insurance market as compared to other insurance market indices on average, considering factors and issues with a negative impact on the market of motor insur- ance and analyzing the ratio of payouts on claims under court decisions to such not based on court decisions. The study speci- fies different kinds of motor insurance, i.e. compulsory vehicle owners’ liability insurance, voluntary vehicle owners’ liability insurance, comprehensive cover and international insurance (Green Card). The dynamics of the insurance premiums and settlement payments have been studied over the period from 2014 to 2018, showing a tendency towards shrinking in motor insurance share of the total premiums and payments. Apart from eliciting the negative impact factors, the ways of eliminating them have been offered; the structure of judicial enforcement has also been in focus. The main findings may be summarized as fol- lows: payouts on claims under court decisions prevail over such not based on court decisions and motor insurance is of great significance for the economic and financial security of the Russian Federation.

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