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Vol 77, No 11 (2024)
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IIMPROVEMENT OF LEGISLATION / NOVUS LEX

9-20 251
Abstract

The paper describes the right to judicial protection in the context of Russian legislation and proposes ways to reduce the burden on the judicial system. It is noted that the right to judicial protection is fundamental and imposes special obligations on the State. However, in conditions when the caseload is increasing, the question arises of clarifying its limits to prevent unfair behavior in the process and abuse of the right. The author opines that the right to judicial protection should be used in cases where there are real contradictions between the subjects of legal relations and it is otherwise impossible to resolve the conflict (while in Russia in many cases there is no real dispute about the law). The author justifies the point of view that the right to judicial protection should not be directly limited, but only certain conditions for its implementation should be introduced. Taking this into account, the author analyzes the most effective legal means of influencing unscrupulous participants who abuse their rights, namely: the need to recover court expenses, mandatory pre-trial procedures, the threshold amount for filing a claim with the court by state bodies.

PRIVATE LAW / JUS PRIVATUM

21-31 292
Abstract

The core of the deepfake technology is based on a generative-adversarial network built on a combination of two neural networks: a generative network (network G) creates samples, a discriminative network (network D) tries to distinguish correct («genuine») samples from incorrect ones. Networks G and D compete with each other thousands or even millions of times until network G improves its performance. Thus, the network D will no longer be able to distinguish real data from fake data. With the development of big data and machine learning technologies, the scenario for using deepfake technology has gradually changed from creating sound models and imitating text to deep video forgery. For a long time, images modified using traditional Photoshop and other technologies were easily recognized. Deepfake technology changed this situation, making it more difficult to identify fakes. As an important technological innovation in the field of artificial intelligence, deepfake technology is widely used in various areas of society, creating enormous applied value. However, any technology is a double-edged sword. The use of deepfake technology poses a great threat to personal privacy, property security and even national security. In order to find a balance between technological innovation and risk prevention and control, countries around the world are actively exploring various ways to manage. The paper describes the main risks posed by modern deepfake technology, provides an overview of legal regulation in this area in China and offers an effective way to solve problems.

32-49 136
Abstract

The construction of a single economic space within the EAEU requires the development of the legal ground for the interaction between civil turnover participants. The use of modern technologies involves harmonization of intellectual property legislation. The EAEU countries are actively working in this direction, but on its way there are many problems related to the difference in approaches to the regulation of intellectual property and the choice of the best way to develop legislation. In order to illustrate the differences in approaches, the paper draws special attention to the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan. It is important to move from working on the convergence of legislation on individual, albeit important, issues to systemic harmonization of legislation. It is possible to talk about the real protection of the facility only if the norms on the relevant institution are supplemented by the coordination of terminology, procedural norms, administrative and criminal legislation. The example of other countries shows the difficulties faced by the unification of patent law. At the same time, the development of legislation in the field of intellectual property should be guided by real economic processes and it should reflect the economic needs of participants of economic turnover in the Eurasian space.

50-62 163
Abstract

According to the UN, more than one billion people in the world are people with disabilities, which is approximately 15 per cent of the total population. The number of the population with disabilities is also high in the BRICS countries. People with disabilities in the BRICS countries belong to the group of those who need special state care and the provision of additional guarantees and benefits, including labor relations. The concept of a person with a disability in the legislation of the BRICS countries has changed over time. As the practice of recent years shows, in our countries today one can observe uniformity on some issues of legal regulation of the work of disabled people. All countries in question have ratified the UN Convention on the Rights of Persons with Disabilities and implemented it into national law. However, the problems of implementing the norms on the legal regulation of the labor of disabled people remain, and they require further solutions. Obviously, further integration and joint development of the BRICS countries will help in overcoming them.

63-73 235
Abstract

The problems of greenwashing and its manifestations in the modern world are of particular importance, since objective, truthful information about goods and services underlies normal economic processes, serves to respect the interests of consumers around the world and protect competition. It is also associated with the fair use of intellectual property, intellectual property rights. The problems of greenwashing not only affect the sphere of competition and consumer protection legislation They can also be qualified as problems of legislation in the field of intellectual property. The trend towards sustainable product choices does not result in a proportionate increase in eligible purchases due to the trend towards distrust caused by the proliferation of vague, ambiguous and unverifiable environmental claims. Unification of approaches to the qualification of greenwashing and its various manifestations with an emphasis on a special type of unfair acts of doing business with certain qualifying characteristics will ensure the sustainable development of international markets for goods and services, since greenwashing is more often used by large manufacturers operating in the markets of many countries to gain competitive advantages. At the same time, within the scope of intellectual property law, it is also advisable to research and regulate the inadmissibility of using greenwashing practices when using the results of intellectual activity and, above all, means of individualization.

74-91 211
Abstract

The paper deals with the issues of choice of cause of action as to contract and tort in Russian and foreign law, as well as contract and tort competition between persons. The problem of choice between contractual and non-contractual liability has an artificial character for Russian scientific and judicial doctrine. The choice of cause of action relates to the alternative in claims, but not to the alternative as to debtors. It is concluded that modern scientific and judicial doctrine based on a multifunctional interpretation of civil liability can substantiate and justify not only the phenomenon of compensatory aspect of choice of cause of action by persons, but also the possibility of circumventing the limited liability established by law (contra legem) if it meets the goals of fair liability. These include deterrence of harmful behavior and stimulation of potential to ensure the proper performance of their duties to ensure the safety of their activities. Russian law enforcement practice indicates an increasing trend towards the socialization of civil liability, its focus on preventing harm to an indefinite circle of people, social harm (harm to society).

PUBLIC LAW / JUS PUBLICUM

92-110 221
Abstract

The paper presents an analysis of constitutional provisions aimed at protecting the family in various periods of Russian statehood, shows the multi-vector nature of state policy in the field of family relations in the Soviet period, characterizes the family and demographic policy of the post-Soviet period, analyzes the constitutional novelties of 2020 aimed at strengthening the family and the spiritual and moral values of Russian society. An analysis of the constitutional category of «traditional family values» is carried out from the perspective of the needs of the individual, family as a social group and the importance of family for society and the state. The institution of family is considered as an intrinsic value and a basic determinant of the formation of the spiritual and moral heritage of Russian society, the preservation of the cultural identity of the Russian nation. The author provides the data from an official survey involving Russians that testifies to the attitude towards the family. The article also outlines the results of a research conducted by domestic scientists stating the unfavorable transformational processes taking place with the institution of family in the past 30 years. These include voluntary childlessness and celibacy; postponing the birth of children to later age periods; reducing the value of a family with several children; preference among young people for actual marital relations (common-law marriage) to a registered marriage. The author considers the protection of the family and family values as a task for ensuring the national security of Russia, the solution of which is aimed at preserving the all-Russian identity, sustainable development of the state, preservation of socially significant spiritual and moral values. The author substantiates the proposal on the need to form in society the idea of the importance of the family as a value in itself, which implies a responsible attitude to marriage, birth and upbringing of children, encouragement and support of a multigenerational and large family, respect for the elderly, disapproval of the rejection of the birth and upbringing of children.

11-122 122
Abstract

The paper characterizes the object of human rights practices and the object of state human rights practices based on the analysis of scientific views on the categories of the object available in modern philosophical and legal literature. The concept of an object of state human rights practices is proposed and a classification of these objects is developed. The question of the types of objects of state human rights practices is investigated. Separately, such controversial issues in modern legal science and practice as the attitude of the latest complex artificial intelligence systems to the objects of state human rights practices, the hierarchy of objects of state human rights practices, and the recognition of the unborn fetus as an object of state protection of human rights are analyzed. The author makes a conclusion about the possibility of transformation of objects of state human rights practices with the development of human civilization and a fundamental change in approaches to this category at the present stage of development of the Russian state, including in the context of a new system of protection of rights in the context of digitalization. It is proposed to formulate at the legislative level the concept and types of objects of state protection of human rights.

CRIMINAL LAW SCIENCES / JUS CRIMINALE

123-134 145
Abstract

The paper analyzes the problem of discrediting the institution of pardon through the mass release of convicts from criminal liability (from serving a sentence of imprisonment) to participate in military operations and the risks of unfavorable development of the criminal situation created as a result of this practice. There is a need for proper legal regulation of the exemption from criminal liability of persons for their participation in military activities. The point of view is defended that it is more preferable to adjust the provisions of criminal law institutions (postponement of serving a sentence or parole), rather than the constitutional and legal (primarily) institution of pardon. It is indicated that it is possible to reduce the risk of recidivism by fixing some restrictions on the application of the rules on exemption from liability for convicted persons (for example, specifying specific articles, the conviction of which will prevent release, and/or regulating the actual serving of part of the sentence differentially, depending on the category of crime). It is noted that it is necessary to exclude the practice of releasing from punishment persons who have committed the most socially dangerous acts: murders with aggravating circumstances, intentional infliction of serious harm to health, rape or violent acts of a sexual nature (especially against minors), etc. It is recognized impossible to create a legal mechanism that makes it possible, on the one hand, to quickly reinforce the military with persons serving sentences in the form of imprisonment, and on the other hand, to exclude the possibility of their committing crimes both during military operations and after their termination.

THEORY OF LAW / THEORIA LEX

135-144 110
Abstract

The central issue of the paper is the innovative potential of law. Much attention is given to the emergence of law, its relationship with religion, and other social regulators. The emphasis is on the fact that law (not law) has a divine origin. This is how its nature was understood in the ancient world. It is shown how there gradually appeared awareness of law as a means of constructing the desired social reality. This paradigm is associated with the university medieval legal science, which saw law as a model of a rationally organized society. University professors taught students not «practical» law, but methods of working with it, so that law could be perceived as a model for building rationally based social practices, a just society based on law. Attention is drawn to the fact that it is the Romano-German (continental) legal system that more than others emphasizes the innovative nature of law and the desire to use it as effectively as possible. The necessity of changing concepts is indicated: «law regulates» — «law creates». This is the purpose of innovative jurisprudence, which creates legal mechanisms for development in the broadest sense of the word. It is proved that the leaders in the legal field will be those educational and scientific centers that will create a «legal environment for promising social practices and new markets» in order to ensure the technological superiority of Russia.

CYBERSPACE / CYBERSPACE

145-158 107
Abstract

The paper considers the main technologies (including socio-humanitarian ones) that pose challenges to ensure the security of communication in the Internet environment and require the development of new regulatory models. The correlation and interrelationships of the concepts of information, information[1]psychological, reputational and media security; information and cognitive sovereignty; information, cognitive and hybrid warfare; the phenomenon of «soft power», «sociological propaganda», which is important for the unification of the terminological apparatus in this area, are considered. For the first time, from the point of view of jurisprudence, the concept of cognitive sovereignty is comprehensively considered and its components are characterized, including media security, cultural sovereignty, technological sovereignty, managerial sovereignty, and legal security. The research section devoted to the comprehensive consideration of the phenomenon of social engineering is also new, not only as a set of methods of psychological influence aimed at obtaining unauthorized access to data, but also as other complexes of socio-humanitarian technologies for managing meanings, methods and techniques of information and psychological influence on human behavior. The place of legal social engineering in the system of social engineering is considered and the role of the lawyer-strategist (lawyer-lawmaker) is justified as a social engineer who develops models for rationing not only current, but also emerging, predictable social relations. An analysis of the development of cyberspace from the point of view of the concept «Web 1.0 — Web 2.0 — Web 3.0 — Web 3» made it possible, firstly, to develop an author’s feature model of various «types» (stages) of the development of the Internet environment and, secondly, to identify challenges to the law caused by the need to ensure media security and cognitive sovereignty, and also the adaptation of new economic models.



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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)