Principles of strategic financial management and their implementation in the information economy

Subject. This article discusses the general principles of strategic management in relation to strategic financial management. Objectives. The article aims to substantiate and formulate the principles of strategic financial management applicable in the conditions of the Russian version of the information economy, corresponding to the current documents of strategic planning and to the current state of the financial and legal doctrine. Methods. For the study, I used a systems approach, functional and structural analysis, retrospection, forecasting, observation, and classification. Results. The article reveals significant shortcomings of the current strategic planning documents, the lack of doctrinal development, as well as the normative consolidation of general and special principles, which could contribute to solving tasks by strategic financial management effectively. Conclusions. The general principles of strategic management in the economy as a whole are applicable and can be used as the basis for strategic financial management.

Doctrinal Methodology in EU Administrative Law: Confronting the “Touch of Stateness”

From its inception, the academic study of EU administrative law has relied heavily on doctrinal categories, concepts and principles, borrowed from the administrative law of the Member States. It has largely preferred research agendas such as the Europeanisation of national administrative law or the development of common European principles derived from national administrative laws. Legal doctrine has also engaged in the critique of EU administrative law when it fails to account for the normative standards that national administrative law must usually observe. Whereas all these constitute important research agendas, they reproduce in particularly acute terms a familiar paradox. While the existence of a European administration and administrative law beyond the state cannot be seriously disputed today, legal doctrine tends to consider them, implicitly or explicitly, from the perspective of the administrative law of the nation-state. The so-called “touch of stateness” has had a firm grip on EU administrative law, even though it includes unique aspects that lack any precedent in national laws. The article considers, and proposes a methodological approach to address, the ways in which preconceptions and normative expectations originating in national law have conditioned, and indeed prevented, the deeper doctrinal development of EU administrative law.

LAW IN DIGITAL REALITY

The Problem setting. Due to the rapid development of digital technologies, the issue of status settlement and the use of artificial intelligence technologies is especially relevant. This fact indicates the need and importance of finding answers to the question and aims to intensify and unite the efforts of the scientific community to address relevant issues. One of the areas of scientific research is the doctrinal development of new phenomena and processes that have arisen and are taking place in the state and legal sphere under the influence of digitalization of economics, management and law. The tasks of scientific research are to comprehend the impact of the digitization process on the state and legal sphere of society; law as such; assessment of the transformations that are taking place and identification of trends in their dynamics; forecasting the state of these phenomena in the future; formulation of fundamental and applied problems of legal science in terms of doctrinal development of the laws of development and functioning of law, state and legal sphere of society in the conditions of digital reality, determination of approaches to their solution. Recent research and publications analysis. An analysis of recent research and publications shows that scientific research on this issue is carried out mainly within the economic, political, computer, legal sciences, although the problems and prospects of digitization of law require a deep and thorough philosophical, including philosophical and legal understanding. The rapid development of new technologies, in particular artificial intelligence technologies, the Internet of Things, cloud technologies, etc., is contributing to changes in current legislation. Today, advanced economies are already pondering the question of regulating the status and use of AI technologies. While these are only the first bold steps, in the future, all of these can affect global changes in the legal system - perhaps full-fledged comprehensive institutions of law, even the branches of law. Paper objectiv. The purpose of this article is a philosophical and legal understanding of the impact of digitalization on the state and legal sphere of society and law as such. Paper main body. One of the practical aspects of digitalization is the manifestation of the state’s ability to provide various services. If necessary, citizens receive certificates, records, statements, responses to electronic inquiries, electronic payments. Other practical aspects, provided that these technologies are used wisely, can improve welfare in education, public safety, and health. In addition, digital imaging can also help address common global issues, such as climate change and greater access to health care and mobility. At the same time, according to many researchers, along with the benefits of digital technologies, including artificial intelligence, new types of ethical issues are being raised, namely compliance with legal ethics standards by artificial intelligence systems and justice, the most important of which are respect for human rights and democratic values. , as well as the danger of transferring prejudices from the analog to the digital world. Researchers have linked the legal challenges of using artificial intelligence technologies in legal practice to a number of issues. In particular, with such as: ensuring data confidentiality; access to confidential law enforcement information; lack of regulatory framework for the use of artificial intelligence systems in legal practice; protection of intellectual property; risk assessment of the use of artificial intelligence systems by a lawyer when working with a client; other potential problems of lawyer’s liability; dangers of unauthorized access and modification of artificial intelligence systems by attackers; damage to artificial intelligence systems by malicious virus programs; violation of the terms of providing advice from artificial intelligence systems in case of technical problems, etc. Therefore, the development of systems that transparently use artificial intelligence and are responsible for their results is critical. Artificial intelligence systems must function properly and safely. According to experts, the unresolved in Ukraine of many political and legal issues related to the rapid development of the information and communication sphere with the advent of digital technologies has become dangerous. It is obvious that the transformations in society associated with these processes require new approaches to the development of national policies for the digitalization of society, which should be based on international agreements. Due to these transformations, there is a need to develop strategic documents that will regulate this area. These documents should be flexible and designed to take into account the maximum amount of data, as well as ensure the free development of innovative technologies and prevent possible risks. Issues of development of the digital economy and society of Ukraine do not fully meet today’s conditions, not enough account is taken of the transformations that have emerged and are currently taking place both in law and in the field of legal regulation under the influence of digitalization. Digital technologies are able to change the image of law, to influence its regulatory potential and efficiency, to open the way or to block its action in new dimensions of social reality. Traditional rather than digital vision of law, legal technologies and certain types of legal activity by legislators is a consequence of the lack of relevant scientific developments that will identify and explain the impact of the digitization process on the law and the legal sphere of society. The practical need for this kind of research is now greater than ever. In order to satisfy it, scientists should intensify work in this direction. Conclusions of the research. The new digital reality puts forward new requirements for legal science and legal practice, including the development of effective tools and models of legal regulation of various spheres of public life. In modern conditions, law becomes not only a means, a tool that provides digitalization of the economy, government and other segments of social life, but also the object of digitalization. With the development of digital technologies, the contradiction between the need for quality both in terms of form and content of regulations, as well as the ability to meet it in a short time. The task of the state is both to provide favorable conditions conducive to digitalization and to create opportunities for their implementation.

Denying the Right of Return as a Crime Against Humanity

This article argues that there are firm grounds upon which to regard the act of denying a person's right of return to their country as a crime against humanity. To make its case, the article builds upon two justifications for the right of return: its grounding based on the human need to belong, and its purpose as a means of preventing rightlessness. The human interests underlying these justifications, the article contends, are similarly those reflected by the image of humanness ingrained within the law of crimes against humanity. Therefore, when the right of return is denied, it is also an assault against humanness as such – a crime against humanity. Recently, proceedings before the International Criminal Court (ICC), with regard to the situation in Bangladesh/Myanmar, have made this question highly relevant. Both the Court's Pre-Trial Chamber and Prosecutor have raised arguments in support of regarding the denial of the right of the Rohingya peoples to return to Myanmar a crime against humanity of other inhumane acts. Consequently, this article attempts to offer support for what might turn out to be an important doctrinal development in ICC jurisprudence.

Subjects and Objects of Environmental Legal Relations

Introduction: the need to study the category “legal relationship” is generally recognized in the theory of law and state, as well as in all sectoral sciences. However, if the category “legal relationship” is sufficiently developed in relation to the “traditional” branches of law, then this issue remains relevant and new in relation to a fairly young branch of environmental law. The purpose of the research: to show the dynamics of development of modern doctrinal discussions on key issues of the theory of environmental law, namely, the categories of the subject and object of environmental legal relations. Objectives: to show the position of major Russian and foreign scientific schools on the theory of ecological legal relations; to identify the main scientific doctrine concerning the understanding of the subject of environmental legal relations; to consider the existing point of view on the category of the object of ecological relations. Methods: dialectical, system, logical, analysis, synthesis. Results: the dynamics of the doctrinal development of the concept of the subject and object of environmental relationship is investigated; the points of view of the leading environmental law schools of the CIS countries on the existing and prospective subjects of ecological legal relations are considered; the views of modern scholars regarding the recognition of climate as well as the person to be the subject of environmental legal relations are assessed within the category “the object of ecological relationship”. Conclusions: the paper argues that in the theory of environmental law, the categories “subject” and “object” of environmental legal relations are the most discussed today. The emergence of a new subject of environmental legal relations – “future generations”, mentioned in the legislation, seems to be justified. The paper presents a number of arguments in support of the existing proposals to expand the traditional list of the objects of environmental legal relations, with the addition of quasi-natural objects, agricultural ecosystem, climate, and many others.