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Published By Kutafin Moscow State Law University

2618-8198

Author(s):  
Daria Ponomareva ◽  
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Alexander Barabashev ◽  

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.


Author(s):  
Pavel Samolysov ◽  
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Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.


Author(s):  
Ekaterina Zagrebaeva ◽  

In this article, the author analyzes the possibility of using artificial intelligence as a virtual assistant in making extraordinary transactions. The emergence of the latest information technology contains the potential for modernizing corporate law. The author notes that the development of information and computer technologies is largely due to public and private investments. Artificial intelligence can become a tool for making decisions with a faster reaction rate to an event. Artificial intelligence is the next stage in the development of robotics, giving the robot the ability to independently make a “new” decision that was not previously included in the program. The advantage of using artificial intelligence in this case is its ability to process an incredible amount of data (information) in a short time. The article emphasizes that the purpose of artificial intelligence is to simplify human activities. Thus, it seems possible to involve an intelligent robot as a virtual assistant in the process of coordinating transactions made by legal entities in a special order. At the same time, the author notes that trusting an artificial intelligence operating in the virtual world to vote on the approval of a transaction, which may entail a significant change in the scale of society’s activities up to its termination, carries a significant legal risk, both for the society itself and for members of its governing bodies. The person who is a member of the governing body of the legal entity must vote on the approval of such transactions.


Author(s):  
Maria Darkina ◽  

The article deals with the problems of the practice of obtaining changes and using an electronic signature (EP) by entrepreneurs in their activities, specifies the normative legal acts regulating the procedure for obtaining an electronic signature by relevant persons and submitting the necessary documents to the certification centers for obtaining it, specifies the types of EP — simple and enhanced, the procedure for using a simple unqualified and enhanced qualified signature. The concept of an electronic signature is defined in accordance with the law. The information contained in the item instance is described: the signature of the person who signed the document, the date and time of signing, its authority and relation to the data being signed, technical information, information for additional signature verification mechanisms, comments, files, a graphic image of the handwritten signature, and other functionally required data. The practice of judicial authorities is analyzed and certain problems of application and use of electronic signatures by legal entities and individuals are identified. We consider the authorities that issue qualified and unqualified certificates of electronic signatures on the territory of the Russian Federation, as well as the procedure for producing certificates for EP keys and their validity period. The reasons for the production of an item instance by certification centers (registration centers) and the package of required documents, depending on the status of the applicant, are set out. The role of trading platforms is indicated. The article considers the need to systematize legislative acts, develop a universal digital signature, and create terminals for sending electronic documents to regulatory authorities.


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