Proposals for Modernization of Legal Regulation of Artificial Intelligence and Robotics Technologies in Russia with Platform Legal Models

Modern technologies and new management concepts — industrial and product platforms — create breakthrough innovative products and services based on the complex integration of artificial intelligence and other latest digital technolog3ies. Platforms are the physical embodiment of connectivity, digitalizing traditional manufacturing, lowering production costs, and converting goods into services that generate more value. Platform law could become a networking mechanism for artificial intelligence, big data, and the internet of things. It has features and instruments of legal regulation similar to those of integration law, but it is permeated, in accordance with its renewed nature, with scientific, technological and information-digital algorithms of legal relations and interactions. To meet the requirements of the time, legal institutions must change; the dominance of platform business models creates new legal relations and the need to search for new content and new legal forms of institutional regulation of changing social relations. Both traditional and adapted for its specifics methods are used in the article: historical, from the EU law — teleological (interpretation based on goals), comparative jurisprudence (synchronous and diachronous), comparative integration law, comparative law of science and technology, comparative legal regulation of AI and digital law, comparative platform law, comparative experimental law. The legal field of platform entities is in constant search of an effective balance between technological and economic innovations and their legal regulation. At the same time, it can become an effective mechanism for regulating artificial intelligence in the interests of humans.

WTO AGREEMENTS: WAYS OF INTERPRETATION

Background. The most of the world’s trade relations are governed by uniform rules that form the legal basis of the WTO. Member states sometimes have different understanding of the content of their rights and obligations, which are in the WTO agreements. This gives rise to controversy between them. To reduce the number of disputes between states, they should use uniform ways of interpreting WTO agreements. Analysis of recent research and publications has revealed that the interpretation of WTO legal sources has not been the subject of a separate study, therefore, requires clarification. The aim of the article is to identify and theoretically comprehend the main ways of interpreting the WTO agreements. Materials and methods. The set of general scientific and special methods of scientific research is chosen as the methodological basis. Results. WTO law consists of legal norms and the general rules of interpretationof the theory of law are applied to clarify their meaning. The legal sources of the WTO are the sources of public international law. Therefore, for the interpretation of the norms of this organization, the methods of international law are primarily used. The main source of rules for the interpretation of international treaties is the 1969 Vienna Convention on Treaties. The Agreement on the Rules for the Settlement of Disputes specifies that the usual rules of interpretation of international law are applied to clarify the rules of WTO agreements. Thus, for the interpretation of WTO agreements, the rules enshrined in the Vienna Convention and other methods of interpretation used in international law are applied. Articles 31, 32 of the Convention provide for such methods of interpretation as textual, teleological interpretation, clarification of the meaning of the term of the contract by establishing the intentions of the participants and historical interpretation. It is worth adding to the list of ways of interpreting WTO law such general theoretical methods as logical, systematic, special legal interpretation, etc. Conclusion. So, the methods of interpretation of the WTO agreements include textual, teleological, historical interpretation, the interpretation of norms by clarifying the intentions of the parties to the treaty, as well as general theoretical methods of interpretation. Keywords: legal interpretation, methods of interpretation, textual, teleological, historical interpretation, intentions of the parties, WTO agreements.

MAJELIS TA'LIM AS SOCIALIZATION MEDIA OF CHILD PROTECTION IN WEST SULAWESI

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>The enactment of Law No. 35 of 2014 concerning Child Protection is intended to protect children and guarantee their rights to live, grow, develop, and participate optimally following human dignity and get protection from violence and discrimination. It could be achieved through increasing awareness of the rights and obligations and the responsibility of the involved parties, especially parents because they are the first and foremost in contact with children. In the context of the Law socialization, research is needed to find an appropriate and effective socialization model especially for women (mothers) through religious-social activities. One of them is majelis ta'lim program. This research used a normative-empirical research type. Normative research was used through the interpretation of grammatical and authentic legal methods. Empirical research was conducted by a teleological interpretation method to know the extent of the legal norm according to the community’s attitudes, behaviors, and compliance. Data were collected through the study of literature and empirical studies using interview guidelines and questionnaires. The research results showed that the developed socialization model could solve the most fundamental and urgent literature and the wider community’s interests. In protecting the community-based program, the issue is not merely children in conflict with the law. It includes a larger unit of interaction, such as parents, family, peers, environment, and wider social institutions</span></p></div></div></div>

Errors in the information (data) contained in the Unified State Register of Legal Entities: types and methods of elimination

The subject of research. The issue of reliability (unreliability) of information (data) included in the Unified State Register of Legal Entities has increased after the amendments made to the Russian Civil Code in 2013 and to the Russian legislation on state registration of legal entities in 2015. The legislation, introducing the principle of public reliability of information included in the Unified State Register of Legal Entities does not clearly define what is meant by such reliability. Accordingly, the question arises about what is meant by “unreliability” of information. Although legal norms contain the concept of “error”; the legislation does not contain a single legal regime of “error”. This is expressed in the presence of several independent cases described in the legislation, including, among other things, an independent procedure for correcting an error. It is also not clear how the presence of an “error” correlates with the requirements for the reliability of the data of the Unified State Register of Legal Entities. The author shows the evolution of the concepts of “error” and “technical error” in the legislation on state registration of legal entities, as well as ways to eliminate it for the first time in the Russian doctrine.The purpose of the article is to: (a) analyze the current regulation and qualify various cases of “errors” in the information included in the Unified State Register of Legal Entities; (b) specify the objectives of regulation in each identified case of “errors”; (c) identify the main contradictions in the regulation; (d) form a new model of the reliability of the information included in the Unified State Register of Legal Entities and specific legal decisions based on the goals of the legislator to “whitewash” the Russian economy, strengthen the principle of good faith, and ensure the certainty of legal norms. The scientific hypothesis is that the “error” in the information included in the Unified State Register of Legal Entities, whatever its cause, is a special case of unreliability of information. Accordingly, all cases of “error” should be settled within the framework of the general model of reliability of information included in the Unified State Register of Legal Entities. The current regulation does not provide real public reliability of the information; in fact, such public reliability today is nothing more than an illusion. Approaches to determining the reliability (unreliability) of information included in the Unified State Register of Legal Entities do not provide such reliability.Description of research methods and methodology. The research is based on a systematic and teleological interpretation of normative material (legal norms, explanations of a normative nature, judicial legal positions). Information about the main scientific results. Conclusions. The conducted research fully confirmed the correctness of the proposed scientific hypothesis. Systematic proposals for changing existing approaches to regulation and specific legal solutions are formulated. Conclusions. It is noted that the current regulation regarding the criteria for the reliability/unreliability of information (data) of the Unified State Register of Legal Entities is confusing and creates uncertainty in the legal regulation. The necessity of changing the norms of the Civil Code of the Russian Federation and other federal laws, the abolition of the most odious explanations of a regulatory nature, the foundations of a new regulatory model and proposals for reforming the existing regulatory framework are formulated.

Tiesību normu interpretācijas nozīme tiesību normu kvalitātes sekmēšanā: Krimināllikuma 191. panta gadījums

The article reveals the evolution of the Section 191 “Unauthorised Activities with Goods and Other Valuable Property Subject to Customs Clearance” of the Criminal Law of the Republic of Latvia. Author draws the attention to significant changes in grammatical, systematic and teleological interpretation of the scope of this legal norm. It has been found that current criminal offence no longer provides for a criminal liability for unlawful activities with smuggled goods in the interior market but it distinctly criminalizes violations of the rules of customs procedures when the goods have been previously imported lawfully.

Teleological Interpretation in the Emerging Socio-Economic Rights Jurisprudence of the African Court: African Commission on Human and Peoples’ Rights v Republic of Kenya

The African Court has recently decided on merits its first socio-economic rights case – ‘the African Commission on Human and Peoples’ Rights v Republic of Kenya’. The Court applied aspects of the teleological approach to interpretation to interpret socio-economic rights in question. The article examines the Court’s application of the teleological approach in its emerging socio-economic rights jurisprudence. The analysis shows that, although the Court found the respondent State in violation of a wide range of socio-economic rights, there are still some shortcomings in its application of the teleological approach. The African Court did not extensively exhaust all the interpretative tools within the African Charter that are in line with the teleological approach. Consequently, the interpretative potential embedded in these aspects of the teleological approach for effective interpretation of socio-economic rights in the African Charter is restricted. The Court also applied the tenets of the teleological approach inappropriately and interpreted some rights relevant to socio-economic rights based on a narrow textual approach. The mixing of the interpretative approaches leads to jurisprudential inconsistencies. If the Court certainly adopts and appropriately apply the teleological interpretation, it will contribute in advancing effective promotion and protection of these rights in the Continent.

Problems of Cancellation of an Employment Contract

The emergence of the concept of cancellation of employment contract in the Labor Code of the Russian Federation followed the development of this concept in the science of labor law in the Soviet period of our history. It was at that time when essential differences were identified between termination of employment contract after the start date and cancellation of employment contract before its practical implementation. The legislator twice adjusted the regulations on cancellation: legal and technical shortcomings were eliminated; the real will of the legislator was clarified. However, even now there is an urgent need to develop Art. 61 of the Labor Code of the Russian Federation. In addition, based on the study of the work of personnel services, judicial practice, scientific literature, teleological interpretation of the studied norms of law, this work provides an answer to a number of previously unconsidered issues, the resolution of which is the subject of discussion. In particular, the following issues were investigated: (1) the issues of the validity of the extension of the rules on cancellation to all cases of concluding employment contracts; (2) problems of normative regulation of provision for compulsory social insurance in the event of an insured event; (3) the documentary registration and procedure for the employer in the process of canceling the employment contract; (4) the consequences of the cancellation of the employment contract in the event of a lawful and unlawful denial of an employee to work; (5) the consequences of the employer’s refusal to cancel the employment contract with the employee. Based on the results of the study and systematization of approaches to understanding the procedure for canceling an employment contract, the author presents his own version of the interpretation of controversial provisions. The author proposes a way to overcome the contradictions between the norms of the analyzed article of the Labor Code of the Russian Federation and the norms of the Federal Law of December 29, 2006 No. 255-FZ "On Compulsory Social Insurance ... " by adjusting the provisions of the Labor Code of the Russian Federation, which regulate the procedure for canceling an employment contract.

Teleological Interpretation of the Category “Exclusive Right”

The paper is devoted to the problem of interpretation of the exclusive right that, contrary to being consolidated as a single category, is formulated differently in relation to different objects of intellectual rights; the powers allocated therein, which constitute (although not exhaustively) its content, also do not coincide in different results of intellectual activity and means of individualization. The use of the teleological interpretation method allows the authors to examine the exclusive right both in the context of the “conflicting right” and the “right to cooperate”, both in statics and in dynamics of legal relations. The purposes for which the exclusive right is normatively formulated are to determine: the rights of a person to his own actions, actions constituting an offense, the subject matter of the contract on granting the right to use the result of intellectual activity and means of individualization. These main objectives may contain additional ones, such as determining the scope of the offence. The normative design of the content of the exclusive right is multilayered and multi-variant, but external contradictions are removed due to teleological interpretation that takes into account the purposes of the legal regulation.

Das Stimmverbot des GmbH-Gesellschafters in Deutschland und Europa

The study examines the material scope of the shareholder´s voting prohibitions and compares sec 47 (4) GmbHG with the shareholder´s duty to abstain from voting in closed corporations in France, Great Britain, Austria and Spain. Following that, the author concentrates on the controversial prohibition of voting on resolutions concerning the performance of a legal transaction and opposes the prevailing doctrine of social acts (“Sozialaktslehre”) with her own concept for a legally certain demarcation of the legal transactions affected by a prohibition of voting on the basis of the comparative legal analysis and a systematic, historical and teleological interpretation of sec 47 (4) GmbHG. Also the practice-relevant questions of the prohibition of voting on resolutions concerning the employment contract of the managing director and shareholder as well as the dispensability of the statutory prohibition of voting are discussed. Finally, developments in Union law are considered and a proposal for a voting ban in a possible future European Private Company is made.

EU LEGAL SYSTEM AND CLAUSULA REBUS SIC STANTIBUS

We are witnesses and participants of Copernican changes in the world which result in major crises/challenges (economic, political, social, climate, demographic, migratory, MORAL) that significantly change “normal” circumstances. The law, as a large regulatory system, must find answers to these challenges. Primarily, these circumstances relate to (i) the pandemic - Corona 19, which requires ensuring economic development with a significant encroachment on human freedoms and rights; (ii) globalization, which fundamentally changes the concept of liberal capitalism as the most efficient system of production of goods and services and democracy as a desirable form of government; (iii) automation, robotics, artificial intelligence, and big data are changing the ways we work, live, communicate, and learn in a Copernican manner. The law should serve to shape the relationship between people in order to realize a life of love and freedom. This is done to the greatest extent through the constitutional engineering of selected institutions. The legal system focuses on institutions that have a raison d'etre in their mission, which is read as “ratio legis”, as a desirable normative and real action in the range of causal and teleological aspect. Crisis situations narrow social cohesion and weaken trust in institutions. It is imperative to seek constitutional engineering that finds a way out in autopoietic institutions in allopoietic environment. We believe that the most current definition of law is that = law is the negation of the negation of morality. It follows that morality is the most important category of social development. Legitimacy, and then legality, relies on morality. In other words, the rules of conduct must be highly correlated with morality - legitimacy - legality. What is legal follows the rules, what is lawful follows the moral substance and ethical permissibility. Therefore, only a fair and intelligent mastery of a highly professional and ethical teleological interpretation of law is a conditio sine qua non for overcoming current anomalies of social development. The juridical code of legal and illegal is a transformation of moral, legitimate and legal into YES, and immoral, illegitimate and illegal into NO. The future of education aims to generate a program for global action and a discussion on learning and knowledge for the future of humanity and the planet in a world of increasing complexity, uncertainty and insecurity.