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.

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

scholarly journals DIGITAL FINANCIAL ASSETS: CONFLICT CONTROL ISSUES

2019 ◽  
pp. 120-128 ◽  
Author(s):  
G. K. DMITRIEVA
Keyword(s):  
Information System ◽  
Civil Rights ◽  
The Internet ◽  
Financial Assets ◽  
Domain Name ◽  
Digital Rights ◽  
Intangible Benefits ◽  
Real Objects ◽  
The Russian Federation ◽  
Digital Assets

The paper deals with the problems of applying the conflict method of regulating relations connected with the introduction into the Russian Federation of digital assets that have become particularly relevant in recent times. A number of legislative initiatives aimed at regulating relations on the creation and / or exchange of digital financial assets are analyzed. The author defines digital rights — digital codes or designations that exist in the decentralized information system, they certify the rights of the holder of unique access to them to other («real») objects of civil rights, with the exception of intangible benefits. The author proposes to legislatively fix the rules that determine the location of an auction, competition or exchange location on the Internet by the location of the party organizing such an auction, competition or exchange. If that is not possible, the location is determined based on information on their location or location on the corresponding website, or by the domain name that provides the holding of such an auction, competition or access to an electronic exchange.

scholarly journals Digital currency: features of regulation in the Russian Federation

2021 ◽  
Vol 5 (1) ◽  
pp. 58-67
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Financial Assets ◽  
Digital Rights ◽  
Digital Currency ◽  
The Russian Federation ◽  
The Impact

The subject of research, relevance. The development of digital technologies has an impact on almost all areas of society, including the financial sphere. This is the reason for a serious controversy to develop recently and to continue both at the international and national levels in terms of approaches to their legal regulation. This discussion affects both public law and private law. The emergence of such a phenomenon as digital currencies raises the question of their legalization for legislators of various states. The answer to such a question cannot be found without studying the legal consequences of making such a decision for both individuals and the financial system of the state. The purpose. The article puts forward and substantiates a hypothesis that the choice of legal methods for regulating virtual assets is a matter of legal policy, and not just matter of research in the field of defining virtual assets as objects of law or type of property. As a result, when choosing methods of legal regulation of virtual (digital) assets, not only the impact of these legal entities on legal economic turnover (including such issues as the possibility of using excess generated electricity or taxation issues) should be assessed, but also the risk of stimulating illegal "economic" turnover (turnover of things and services in the Darknet, limited turnover of things, for example, drugs), as well as the impact on the financial system. The methodological basis. Various scientific methods of cognition were used to write the article, including system-structural, formal-logical, comparative-legal and dialectical. The research is based on the principles of interdependence and interconnectedness of social processes. The main results, scope of application. The article examines the main approaches to the regulation of digital currencies, studies the phenomenon of digital currency itself, assesses the circumstances that aroused massive interest and enthusiasm for cryptocurrencies. An analysis of current positive legal material is presented, in particular, the approach to the regulation of digital currency contained in the Russian Federal Law of July 31, 2020 No. 259- FZ "On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation". The main differences between digital currencies and such a legal phenomenon as digital rights (including utilitarian digital rights and digital financial assets) are noted. It is noted that in most Russian scientific works in the field of law devoted to digital currencies, attention is paid to the definition of digital currency as an object of civil rights, the foreign experience of attempts of legal regulation of cryptocurrency is considered, emphasis is placed on the positive aspects of the legalization of cryptocurrency for individuals, the risks of legalization of cryptocurrency for individuals, as well as the tasks of regulators in the digital economy are investigated. In addition, some scientific works are devoted to issues related to the digitalization of the economy and digital security. However, little attention is paid to the consequences of the legalization of digital currencies for the monetary system of the state and the potential risks for the stability of monetary systems. Conclusions. Interest in digital currencies may decrease in following situations. Firstly, if the services provided by payment systems are more efficient, reliable, affordable and cheap for the consumer. Secondly, during the implementation of the central bank digital currency project (in Russian case - the digital ruble), since digital currencies issued by central banks have the advantages of private digital currencies, but are devoid of their disadvantages.

scholarly journals Legal regulation of the law enforcement function of the Federal service of the National guard of the Russian Federation as one of the main elements of the system of activities of the created executive body

2021 ◽  
pp. 147-150
Author(s):  
Lyudmila Garnik
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
National Guard ◽  
Legal Regulation ◽  
Legal Provisions ◽  
Executive Authority ◽  
The Russian Federation ◽  
The Law ◽  
Executive Body

In the article, the author analyzes the legal provisions governing the law enforcement function of the Federal Service of the National Guard of the Russian Federation (Rosgvardia), as one of the significant areas of activity of the created executive authority, designed to carry out state and public security, protection of human and civil rights and freedoms. The analysis of legal acts, according to the author, will allow the identification of unresolved issues at the legislative level and will contribute to the formulation of new proposals to improve the activities of Rosguard units.

Hearing of Cases about Indemnification, Caused to the Environment: Procedural Questions ofJudicial Practice

2020 ◽  
Vol 4 ◽  
pp. 48-58
Author(s):  
M. A. Fokina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Research Gaps ◽  
Supreme Courts ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

Research objective is the analysis of practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on cases of indemnification caused to the environment. Proceeding their concepts of integrative right understanding the author reveals the importance of legal positions of the supreme judicial authorities for law-enforcement practice of inferior courts by hearing of cases about indemnification, caused to the environment. During the research gaps in the current legislation and ways of their completion in judicial practice are revealed. Methods. As methods of a research the legallistic method, synthesis, the analysis, induction, deduction were used. Results. The research showed certain shortcomings and gaps of legal regulation of an order of the indemnification caused the environment. Legal positions of the supreme courts which allowed to meet lacks and shortcomings of the legislation are revealed and analysed and to provide appropriate protection of the rights of citizens and legal entities.

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.

Analogy as ways to overcome gaps in penal legislation of a sentence of deprivation of liberty

2020 ◽  
pp. 142-148
Author(s):  
Александр Александрович Храмов
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
General Theory ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Correctional Institutions ◽  
The Russian Federation ◽  
Theory Of Law ◽  
Principle Of Legality

Актуальность статьи обусловлена отсутствием в теории уголовно-исполнительного права и практике его применения научно обоснованной методики установления реальных пробелов в уголовно-исполнительном законодательстве, единых границ и условий применения аналогии закона и права для преодоления существующих в нем пробелов, в частности, при исполнении наказания в виде лишения свободы. В статье отмечаются теоретические и практические аспекты преодоления по аналогии не только некоторых реально существующих пробелов уголовно-исполнительного законодательства исправительными учреждениями, но и других недостатков правового регулирования. С учетом признанных общей теорией права и наукой уголовно-исполнительного права положений по преодолению пробелов в законе и праве, а также требований российского законодательства (ч. 3 ст. 55 Конституции РФ) делается вывод, что в правоприменительной практике имеются случаи применения уголовно-исполнительного законодательства по аналогии (как правило, аналогии «закона»), которое приводит к ущемлению прав и свобод человека и гражданина и нарушению принципа законности (ст. 8 УИК РФ). В связи с этим автором предлагается установить четкие границы и пределы использования аналогии закона и права для преодоления существующих (и возможно, будущих) пробелов уголовно-исполнительного законодательства при исполнении наказаний, в том числе в виде лишения свободы. The relevance of the article is due to the absence in the theory of criminal enforcement law and the practice of its application of a scientifically sound methodology for establishing real gaps in criminal enforcement legislation, common boundaries and conditions for the application of the analogy of law and law to overcome existing gaps in it, in particular in the execution of sentences of deprivation of liberty. The article notes the theoretical and practical aspects of overcoming by analogy not only some real gaps in penal enforcement legislation by correctional institutions, but also other shortcomings of legal regulation. Taking into account the provisions recognized by the general theory of law and the science of criminal enforcement law to overcome gaps in law and law, as well as the requirements of Russian legislation (Art. 55, part 3, of the Constitution of the Russian Federation) concludes that there are cases of application of penal enforcement legislation by analogy in law enforcement practice (As a rule, analogy of law"), which leads to infringement of human and civil rights and freedoms and violation of the principle of legality (article 8 of the Code of Criminal Procedure of the Russian Federation). In this regard, the author proposes to establish clear limits and limits on the use of the analogy of law and law to overcome existing (and possibly future) gaps in criminal enforcement legislation in the execution of sentences, including imprisonment.

scholarly journals Legal Regulation and Organization of the Work of Management Subjects Related to the Dismissal of Employees of the Penal System of the Russian Federation due to the Loss of Trust

2021 ◽  
Vol 15 (3) ◽  
pp. 635-641
Author(s):  
Svetlana V. Zavitova ◽  
Nataliya A. Mel’nikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Logical System ◽  
Judicial Practice ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Selection Of

Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.

scholarly journals An Object of Vindication: Problems of Law Enforcement

2021 ◽  
Vol 16 (4) ◽  
pp. 76-93
Author(s):  
A. A. Guseva
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Limited Liability ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Russian Federation ◽  
Theory Of Law ◽  
Authorized Capital

The paper is devoted to examining objects of civil rights in order to establish whether it is possible to subject them to vindication. The paper analyzes such objects as things, “incorporeal things”, non-cash funds, uncertified securities, intellectual property, shares in the authorized capital of limited liability companies, digital rights, cryptocurrency, etc. The author determines the legal nature of the objects under consideration with due regard to the theory of law and legal stances of courts. As a consequence, the author substantiates the relativity of the possibility or impossibility of their vindication under Art. 301 of the Civil Code of the Russian Federation. Also, the author examines the issues of existence of special mechanisms for protection of rights holders of uncertified securities and shares in the authorized capital of limited liability companies to find the interrelation between them and vindication. The paper provides the analysis of judicial practice on the issue of claiming civil law objects from someone else’s illegal possession. Conclusions are drawn as to which objects can be subject to vindication under Art. 301 of the Civil Code of the Russian Federation, which objects can be claimed by analogy of the law and which objects cannot be subjected to vindication.

scholarly journals THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

2018 ◽  
Vol 1 (4) ◽  
pp. 87-95
Author(s):  
Alexander Chuklin
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Practical Significance ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.

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