No. 2 (2024): Business, management and law

DIGITALIZATION OF ECONOMY AND ARTIFICIAL INTELLIGENCE

 

XVII session of the European-Asian legal Congress

Discussion panel: "mechanism of legal regulation of business activity: modern challenges".

Discussion panel: "Technologies of the XXI century in law"

LegalTech turbocratic platform: we squeeze the maximum of electronic document flow

 

PUBLIC LAW

Bozrov Vladimir M., Shipkova Alina R. On Some Problems of interaction between courts and Mass Media to ensure publicity of justice.

 

Abstract: this article touches on a number of transparency issues in judicial activities. In particular, based on the results of an express analysis of the work of courts of general jurisdiction in the Sverdlovsk region, the authors draw attention to some of the most important points for improving the activities of courts, judges and press centers with media representatives to ensure the transparency of judicial activities in general and related organizational issues.

According to the authors, any lawful court decision in a criminal case, without exception, has a general preventive effect, and the educational role of the trial itself, conducted without deviations from the procedural form, is undeniable. In this regard, the authors believe that interaction between the courts and the media is necessary to implement these social and legal factors. Simply put, justice should be carried out strictly in accordance with the law, and at the same time it should not remain a "thing in itself", but become as informatively publicly available as the legislation regulating this area of interaction between courts and the media allows. At the same time, the authors of the article warn about possible abuses in this matter by both judges and media representatives. For example, the a priori selection of cases by judges for consideration in the presence of a specially selected contingent and biased media coverage of the results of the trial are unacceptable.

 

Keywords: court, justice, transparency, publicity, media, interaction, mobile court hearings.

 

Korsakov Konstantin V. Axioms, postulates and fundamental ideas of criminal punishment in the criminal law doctrine and Russian criminal legislation.

 

Abstract: this publication provides a scientific analysis of the fundamental and guiding ideas, postulates, axioms and basic principles of criminal punishment, which is still the prevailing means of public response to criminal behavior in order to prevent and neutralize the consequences of the latter. The conceptual ideas, axioms and postulates contained in the norms of the current Russian criminal legislation and directly related to the institution of criminal punishment, and not placed by the Russian legislator in the texts of the current Criminal Code of the Russian Federation and the Criminal Code of the Russian Federation, are considered and characterized.

The importance of each highlighted postulate, axiom and fundamental idea is argued and justified both for the application of criminal punishment in modern socio-legal conditions and for its further development and improvement. The author pays special attention to the discrepancies and collisions of the provisions of the current Criminal Code of the Russian Federation and the fundamental ideas and principles of criminal punishment, which are unacceptable from his point of view, in particular, it is emphasized that the absence of lower limits of criminal punishment when fixing categories of crimes directly affects the construction of sanctions of articles of the Criminal Code of the Russian Federation, which turn out to be independent of any dependence on qualitative and quantitative characteristics criminal acts, which violates the basic criminal law principle of the fairness of criminal punishment.

 

Keywords: criminal law doctrine; penology; criminal punishment; fundamental ideas of criminal punishment; axiology of criminal law; goals of criminal punishment; criminal policy of Russia.

 

Kushch Lyubov I. On the issue of legal support of government regulation of investment activities in the Donetsk People'S Republic in terms of economic integration

 

Abstract: the article analyzes the Federal Law «On investment activities in the Russian Federation, carried out in the form of capital investments» dated 25.02.1999 No. 39-FZ and the Law of the Donetsk People's Republic «On investment policy and state support of investment activities in the Donetsk People's Republic» dated 17.05.2023 No. 444-NS, as a result of which some inconsistencies between regional legislation and federal legislation were identified on the issue of the investment activities government regulation in terms of the integration of the Donetsk People's Republic into the economic space of the Russian Federation. In order to eliminate those inconsistencies, the suggestions aimed at improving the Law of the Donetsk People's Republic «On investment policy and state support of investment activities in the Donetsk People's Republic» are justified as follows: by consolidating an exhaustive list of powers of public authorities of the Republic regarding their participation in government regulation of investment activities, which are established by the Federal Law of February 25, 1999 No. 39-FZ; by clear separation of those powers between them in order to prevent the abuse of such powers and their duplication by various bodies; by clarification of the authority of involving relevant objects in the investment process.

 

Keywords: government regulation, investment activity, economic integration, powers, forms, methods.

 

CIVIL AND BUSINESS LAW

 

Belykh Vladimir S., Rubtsova Natalya V. The mechanism of legal regulation of entrepreneurial activity: controversial issues of theory

 

Abstract: this article is devoted to the scientific study of the concept, as well as the elements of the mechanism of legal regulation of entrepreneurial activity from the standpoint of the dynamic approach. At the same time, this article is devoted to the scientific study of the concept, as well as various concepts of the mechanism of legal regulation. The dynamic elements of the mechanism are analyzed through the category of the life cycle, which is understood as a system of legal means that determine the procedure for legal regulation of entrepreneurial activity. It is concluded that the term "life cycle" can be used not only in relation to the characteristics of the entrepreneurial activity itself as a whole, but also in the description of the mechanism of legal regulation of entrepreneurial activity. It is noted that in recent years, the role of mixed regulation of entrepreneurial activity has been increasing, in which the driving element is the rule of law and the autonomous legal remedy, which together activate this scheme of legal regulation. This scheme is most clearly manifested in the case of mandatory self-regulation of entrepreneurial activity

 

Keywords: entrepreneurial activity, mechanism, legal regulation, dynamics, life cycle, mixed regulation.

 

Belykh Sergey V. Legislation of the Russian Federation on entrepreneurial activities: concept, composition, features

 

Abstract: in the context of the modern development of a market economy in the Russian Federation, along with fundamental changes in the political, socio-economic and spiritual life of society, there is also the development of legislation on entrepreneurial activity aimed at stimulating the entrepreneurial activity of citizens and their associations. However, it still largely remains empty, contradictory, develops spontaneously, does not have a coherent conceptual basis, and is subject to uncritical borrowing of foreign experience.

As is known in the USSR, and then in the Russian Federation, attempts were made repeatedly to develop an Economic, Entrepreneurial and even Commercial Code. In particular, the draft Economic Code of the USSR was prepared in accordance with the decision of the section of social sciences of the Presidium of the USSR Academy of Sciences No. 9 dated April 4, 1969 by the sector of economic law and problems of industrial management of the Institute of State and Law of the USSR Academy of Sciences. Later, the Program for the Development of Reforms and Stabilization of the Economy, approved by a resolution of the Council of Ministers - the Government of the Russian Federation on August 6, 1993, spoke about the completion in 1993 - 1994 of work not only on the Civil Code, but also on the Commercial Code of the Russian Federation. Decree of the President of the Russian Federation No. 848 of April 29, 1994 on the research program "Ways and forms of strengthening the Russian state" provides for the need to develop an Entrepreneurial Code.

However, so far, not a single one of these draft codes has been adopted by the country's highest legislative body.

The article discusses such categories as legislation, approaches to this concept, reasons for different understandings of the term

"legislation". The author proposes the concept of legislation on entrepreneurial activity as a set of complex normative legal acts of varying legal force, containing norms of private and public law, and also reveals the composition of entrepreneurial legislation. The problem of delimiting the competence of the Russian Federation and the constituent entities of the Russian Federation in the sphere of regulating business legislation under Art. 71-73 of the Basic Law of the Russian Federation.

 

Keywords: legislation, business legislation, composition, elements, features of legislation on business activities, delimitation of the competence of the Russian Federation and the subject of the Russian Federation in the field of business legislation.

 

Yakovenko Aleksey S. Development of legal relations using autonomous robotic systems

 

Abstract: the article describes the problems of application of autonomous technologies for unmanned mining of minerals in the Russian Federation. The issues of increasing production of certain types of minerals, all-Russian shortage of competent specialists, protection of technological sovereignty, economy and well-being of citizens pose the most difficult challenges to the industry in Russia. And one of the answers to these challenges is the application of the most advanced robotic autonomous technologies in exploration, mining and processing of minerals.

Mining is the locomotive of Russian science and technology, and unmanned mining technologies combine the science of prospecting, exploration and extraction of minerals, transportation technologies, mechanical engineering, instrumentation and electronics, computer science, in particular the application of artificial intelligence and cybernetics. But along with the application of new technologies there are gaps in the regulation of safe use of such technologies and new legal relations that require new approaches or significant clarification of existing norms.

The article reviews the current methods of regulation of artificial intelligence in Russia, robotic and unmanned autonomous vehicles, describes the problematic issues of their use in the mining industry, the differences from the previously existing unmanned remote-controlled vehicles, considers conflicts with key regulatory acts, in particular those governing industrial safety and liability in cases of accidents and suggests solutions. Special attention should be paid to the relationship, distinction and correct definition of the terms "unmanned" , "autonomous", "autonomous unmanned", "robotic technologies" and the connection with the concept of "artificial intelligence" Our paper will give an overview of the current definitions and their relationship.

 

Keywords: autonomous, robot, vehicle, artificial intelligence, highly automated vehicle, autonomous technologies, unmanned mining.

 

MEDICAL LAW

 

Ponkin Igor V. Medical images and computer vision: concept, problems, legal aspects

 

Abstract: the article is devoted to the application of computer vision in medicine and related legal issues. Today, the most common causes of defects in medical care include: insufficient clinical data, inadequate diagnostic tests, defective reading of medical images. The solution to the problems of combating omissions and defects in diagnoses, increasing the accuracy of diagnosis and safety of medical care can be found in the sphere of application of medical computer vision. The paper explains the general concept of computer vision.

The author gives an explanation of the concept and essence of medical computer vision. The article outlines and explains the main functionalities and areas of applicability of medical computer vision. The author articulates the essential problems of design and implementation of medical computer vision - more serious than in the implementation of computer vision in other fields (for example, autonomous transportation). These challenges are defined by the visual anatomical features of human internal organs and tissues.

With the growing integration of artificial intelligence and machine learning into medicine (including computer vision technologies), there are more and more reasonable concerns that inaccuracies and failures of computer algorithms can lead to harm to the health of patients and, consequently, to the liability of doctors. Collaborative work between healthcare providers and computer vision artificial intelligence modules is becoming a critical feature of the clinical landscape. This problem is addressed in the article. The author shows different points of view to solve the mentioned problem. On the other hand, technical computer vision modules paired with artificial intelligence have a great potential to reduce the risks of medical errors and other defects of medical care in the future.

 

Keywords: medical image, medical computer vision, medical care defect, meta-universe, digital twin-model ofpatient, patient, medical law.

 

INTERNATIONAL AND COMPARATIVE LAW

 

Lazutin Lev A. The non-proliferation of the weapon of mass destruction (specifically the nuclear one) in the modern world.

 

Abstract: the current international situation is characterized by a sharp aggravation of contradictions between States on the verge of unleashing a world war. At the same time, they are increasingly speaking out about the use of nuclear weapons and weapons of mass destruction. Despite the universally accepted treaty on the non-proliferation of nuclear weapons, a number of States, and, first of all, the United States, are pursuing a policy of "commercialization" of nuclear technologies, thereby violating their obligations. Currently, there is a transformation of the nuclear nonproliferation strategy from a defensive one into a "counter-proliferation" strategy, which focuses on actively countering proliferation by all means and methods aimed at spreading any technologies related to countering the proliferation of fissile materials of the nuclear fuel cycle. At the same time, the use of force through preventive actions against a potential enemy is considered the norm. The positions of multinational corporations related to nuclear issues are aimed at getting business, rather than preventing the proliferation of nuclear weapons, which represents international security at the present stage.

 

Keyword: Weapon of mass destruction; nuclear weapon; fissile nuclear material; non-proliferation; counter-proliferation; IAEA; international control; responsibility

 

Aminov Evgenii R. The problems of application of foreign law by Arbitration Courts of the Russian Federation in considering cases involving foreign legal entities.

 

Abstract: the article examines the current problem of the application of foreign law by arbitration courts of the Russian Federation in case involving foreign parties. The author notes that until recently, the courts' reliance on the public policy exception to limit the application of foreign law was exceptional in nature. Upon examining contemporary practice, the author concludes that Russian courts have generally developed a negative attitude towards any application of foreign law in cases involving foreign legal entities, particularly those from «unfriendly» countries, that is at odds with the underlying purpose of the public policy exception.

 

Keywords: international private law, mandatory rules, public policy exception, foreign legal entities, arbitration courts, sanctions

 

Borisova Nadezhda S. Application of machine-readable law technologies: international experience

 

Abstract: automation and algorithmization of public relations is the main trend of the last decade, in this regard, the issue of regulating these processes remains relevant. The world is actively trying to automate legal norms, from the creation of IT products designed to automate the legal function, to the design of legal norms in the form of code and their self-execution, the use of artificial intelligence in law. The most debatable question is whether it is possible to use the description of legal relations in formal languages in the form of a source of law and whether a set of technology technologies has been formed for this. Within the framework of this article, the experience of creating machine-readable norms of different countries will be analyzed, the advantages and disadvantages of different approaches will be highlighted.

 

Keywords: digital technologies, optimization of legal processes, legal services, data processing, legislation as code, automation of law, machine-readable law, ontology of law, legal technology, LegalTech, LawTech, artificial intelligence.

 

HISTORY OF THE STATE AND LAW

 

Kofanov Leonid Lv. The Customs of the Curia as a source of Constitutional Law in Rome during the Republic Era

 

Abstract: according to classical lawyers, custom is an unwritten law, the will of the people, acting with his tacit consent. According to the constitution of Emperor Leo, what was adopted by the Senate was also considered custom. During the republic, the custom was understood by the Romans as a kind of ritual established by practice, primarily in the sacred sphere, led by priests and the senate.

The Senate, according to Polybius (6. 16.3), had power only by virtue of custom. Custom also played a key role in the organization of all activities of the Senate: its convocation, internal hierarchy, voting, the order of meetings and decision-making. It was on the basis of customs that the Senate exercised general control over religious rites. At the same time, the customs of the Curia extended to international relations led by the Senate. Finally, the Senate also exercised judicial functions, according to the customs of the ancestors, punishing state and war criminals who violated the sacred foundations of the Roman state. At the same time, control over the activities of the Senate was carried out by plebeian tribunes and censors elected by the people. The latter not only re-elected the Senate, but also supervised its customs (cura morum). At the same time, custom, as the "best interpreter of the law" (D.1.3.37), allowed the Senate to make adjustments and changes to laws adopted by the people.

 

Keywords: Consuetudo, mores maiorum, custom, ritual, curia, senat, cura morum.

 

TRIBUNE OF THE YOUNG RESEARCHERS

 

Pashinina Elena 0. Holding company in the mechanism of legal regulation of entrepreneurial activity in the oil and gas industry of the real sector of the economy.

 

Abstract: in this article, the holding company is considered not from the point of view of its institutional form, but as an artificial formation - a set of legal norms in the mechanism of legal regulation of entrepreneurial activity. This approach allows the author to assess the effectiveness of legal regulation of entrepreneurial activity in the oil and gas industry, which remains of key importance for the socio-economic development of the country. The article analyzes the features of public relations in the oil and gas sector of the economy, highlights the purpose of legal regulation of entrepreneurial activity in this industry, and defines criteria for the effectiveness of legal means: compliance of legal means with value-target determination, applicability and compliance with legal techniques. Based on the analysis of the special literature, the author comes to the conclusion that the oil and gas holding company represents an effective legal means of ensuring a balance of public and private legal interests at all stages of the life cycle of oil and gas products.

 

Keywords: mechanism of legal regulation, legal means, holding company, oil and gas holding company, real sector of economy, effectiveness of law

 

Ebergardt Semyon A. Directions for development of machine executed transactions in the conditions of digitization of law

 

Abstract: the article is devoted to the analysis of priority directions for the development of machine-executable transactions in the context of digitalization of law. The key aspects of machine-executed transactions are considered, including their concept, essence, advantages and potential risks. Attention is paid to such areas of development as improving the regulatory framework, developing technical standards, ensuring information security, creating a unified terminology and classification, as well as integrating machine-executable transactions with existing legal mechanisms. The need to develop mechanisms for legal regulation and protection of the rights of participants in machine-executed transactions is emphasized. Foreign experience in regulating machine-executed transactions is analyzed. The conclusion is drawn about the importance of an integrated approach to the development of machine-executable transactions, taking into account the interests of all stakeholders and ensuring a balance between technological innovation and legal guarantees. The article is intended for specialists in the field of law, information technology, as well as anyone interested in the issues of digitalization of legal relations.

 

Keywords: machine-executable transactions, digitalization of law, blockchain, information security, legal regulation, foreign experience.