ARTICLES
The article discusses the issues of constructing a multipolar world, which can successfully exist only in conditions of harmony of the spiritual meanings of the legal traditions of its constituent peoples. The decisive role of spiritual and moral values that underlie the civilizational cultural and historical self-identification of existing states, and the need to find ways to build moral states of various civilizations are argued. International development can only be built on a solid legal basis that combines the organic constitutional development of national states and the formation of international law on the traditional spiritual and moral principles.
The article presents the author’s position on the issue of legal practice. Today, a negative phenomenon is being discovered — the isolation of abstract, general concepts of the theory of law from the needs of legal practice. Therefore, accusations by representatives of branch legal sciences of the dogmatism of the theory of law are fully justified. This requires a rethink of legal practice. The most adequate program for clarifying the content of legal practice, in the author’s opinion, is the postclassical methodology. Signification (sign mediation), reflexivity (signification, comprehension and evaluation of the behavioral aspect), discursivity, constructability, contextuality, relativity, human dimension form the content of legal practice in the postclassical dimension. The emphasis of the post-classical research program for the study of legal practice is on the study of legal everyday life. It is formed by legal frameworks and scripts — the framework of informal norms and practices, which are the main regulators of legal behavior. The most promising approach to their study is the method of included observation within the framework of socio-cultural anthropology of law.
Digital rights are an object of civil circulation that has a number of specific features. Such features, in particular, include: the ability to use only through software and hardware, circulation within the framework of an information system and not the material world, self-verification of belonging to a specific subject. Therefore, disputes about digital rights have at least three specific features: these are the disputes about economic assets; the relevant evidence is contained in the very subject of the dispute; these are disputes about a right that does not have property, that is, with the possibility of applying the law following the subject, and not the law at the location of the property.
The purpose of the study is to understand the peculiarities of the circulation of digital rights as objects of civil law regulation and to identify the possibilities for the specific consideration of disputes, the subject of which are digital rights.
Research methods: teleological, comparative and content analysis of law enforcement. Using the teleological method, the intended purpose of regulating the circulation of digital rights was identified. The comparative analysis in the article made it possible to put forward and motivate the opinion on the need to create a specialized court to resolve disputes, the subject of which is digital rights. A limited content analysis of law enforcement practice made it possible to identify the current features of substantive resolution of disputes related to digital rights.
The conclusions of the study are based on the postulate that the legal force of a judicial act resolving a dispute on the merits in relation to a certain digital right will make it possible to determine not only the further legal fate of digital law as an economic asset, but also to authorize the circulation of digital law, to stop (prohibit) the circulation of digital rights or prescribe significant conditions for the circulation of digital rights.
The article discusses the legal aspects of digital rubles being introduced into the monetary system of Russia in the near future. The author, analyzing current legislation, existing studies, foreign practice on the introduction of similar monetary units and statements of Russian practitioners in the field of public finance, comes to the conclusion that the introduction of a new type of Russian banknotes is a response to sanctions from the so-called “unfriendly states” that create certain risks for the development of the Russian financial system. The author comes to the conclusion that the digital ruble is the next step towards the development of the principles of targeting, efficiency and the purpose of budget funds. In addition, the author comes to the conclusion that the introduction of the digital ruble contributes to the solution of issues such as the effectiveness of social policy and anti-corruption.
The development of digital technologies permeates almost all areas of public relations. At the same time, certain areas remain more conservative, and legal regulation also lags behind the pace of general digitalization. This situation is especially clearly visible in the field of inheritance of digital assets. The subject of this article is to explore the opportunities and risks associated with inheriting NFTs. The purpose of the article is to determine algorithms for inheriting NFTs in the context of insufficient legal regulation of this procedure in the Russian Federation. The work uses methods of both empirical (analysis and synthesis, induction and deduction, systematization) and theoretical (methods of constructing and studying the object of study and methods of constructing and justifying theoretical knowledge) levels. When transferring a token, a unique record is transferred, and the previous owner of the NFT loses the token after it is transferred. This makes NFTs similar to material objects and necessitates separate legal regulation of the rights associated with NFTs. An NFT is inherited, not a digital object such as art. The main problem with inheriting NFTs is that these objects are intangible. They cannot be physically materialized, stored, for example, in a safe deposit box, or transferred physically. Therefore, if the owners do not have specific heirs, it will even be difficult to include NFT in the inheritance or find out about the token. Inheriting an NFT requires that the will name the NFT and include an explanation of where the NFT is held. The testator’s password must also be available. There may be problems associated with the compulsory share in the inheritance, related both to access and to the assessment and dynamically changing value of the NFT. Also, the valuation of the NFT will influence the amount of the state fee for issuing a certificate of inheritance. The practical implementation of NFT inheritance is facilitated by the development of appropriate digital technologies that optimize procedural aspects.
The subject of the study is the possibility of citizens’ participation in public administration through the use of modern information technologies (hereinafter — IT). The article analyzes in detail the issues of public attitudes towards the use of IT. It is shown how in the conditions of increasing influence of actively developing IT, which plays a central role in the formation of modern economy and has a significant impact on various aspects of economic growth, productivity and innovation, despite the lack of a universally recognized definition of the category “public administration”, the readiness of people to use IT to participate in public administration is clearly seen, while at the same time the legislators perceive it as some private novelties, but not as a system-forming force, capable of using IT in public administration. The methodological basis of the work was the general scientific methods of system analysis and generalization of normative, scientific and practical materials and others. The scientific novelty of the article is determined by the fact that it is a comprehensive study of the possibility of citizens to use information technologies and systems in public administration. The most significant results include the formulated proposals to improve the current legislation, as well as the existing law enforcement practice.
The article discusses some elements in the Remote Electronic Voting system. Software used in Remote Electronic voting had significant impact on activities of traditional participants in the electoral process: voters and observers. A number of risks of interference with the electronic voting system have been identified.
The author made an attempt to consider guarantees that ensure the secrecy of voting and prevent the distortion of the will of voters, which are implemented in the federal platform for Remote Electronic Voting. Moreover, additional guarantees have been identified that are not available in traditional forms of voting. One of them is the ability of the voter to check the account and invariability of his ballot in the system. It was concluded that there are technical solutions that ensure voting in accordance with the basic principles of elections. It is proposed to develop a mechanism for recounting ballots by election commissions when conducting Remote Electronic Voting.
Due to the digital nature of electronic voting, the institution of observation requires additional protection mechanisms. It was concluded that electronic voting transformed the activities of the observer. The presence of a “digital trace” provides the observer with the ability to track changes in the blockchain system. The author proposed a new definition of “observer of Remote Electronic Voting”, because the definition of the observer set out in the legislation does not fully take into account the specifics of observation in Remote Electronic Voting. The new model of observation of electronic voting involves the adoption of relevant guarantees to achieve the goals of the observation.
The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.
The article deals with the actual problem of the effectiveness of the national model of social partnership in the labor sphere in modern conditions of political, social and economic development. Based on domestic practice, the article emphasizes the importance of social partnership in ensuring a balance of interests of hired workers, entrepreneurs and the government in favor of society as a whole. The authors analyze the key features of the mechanism of social partnership in countries with developed market economies, highlighting the priority of using peaceful methods in resolving social conflicts, the participation of representatives of employees in production management. The article reveals the reasons for the insufficient effectiveness of social partnership in Russia and suggests ways to improve it, emphasizing the need to intensify the participation of all stakeholders in developing decent working conditions, reducing unemployment and poverty, and increasing the competitiveness of the economy. The article also notes the weakness of the trade union movement and the insufficient equality of partners in the field of social and labor relations, suggesting ways to improve this situation and activate social partnership as a key tool for ensuring social justice and economic development. The authors emphasize the importance of social partnership as an integral element of social and labor relations and as a key factor of social stability and economic progress.
The digitalization of public relations and state administration is the main trend of today. The introduction of digital technologies accompanies each of us in most areas of public life and affects personal, economic, political and cultural rights. The use of technology is intended to make it easier to exercise the rights for citizens; however, this trend creates conditions in which these rights can be violated. Within the framework of this study, the author considers the evolution of the concept of human and civil rights under the influence of the technological process and changes in tools that allow one to exercise one’s rights. The current legislation of the Russian Federation is primarily focused on the protection of personal data and personal security on the Internet, and by introducing special norms into basic laws, it creates conditions for the implementation of the rights such as active suffrage, the right to education, the right to access to justice and other rights. This approach is characterized by fragmentation, although digitalization forces the legislator and other regulators in this area to create a system of legal regulation.
This article is devoted to the issues of determining the legal essence of the digital ruble as a completely new, and therefore not fully regulated and studied phenomenon. To answer these questions, the author conducts a comparative analysis of the digital ruble with various legal categories: digital currency, objects of civil rights, digital rights. In the process of comparing these concepts, the author comes to the conclusion that the digital ruble by its nature and legal characteristics is both an independent object of civil rights and digital law. In this regard, the issue of the need for detailed regulation of this very ambiguous and complex legal category is currently very acute.
The purpose of this article is to determine the place of the digital ruble in the system of civil rights. To achieve this goal, the work used methods of analysis, synthesis, analogy, generalization and abstraction.
REVIEWS
This article provides an overview of the sessions of the sections of the International Scientific Conference Fifth Baskin Readings. It was devoted to the role of law in the era of transition from modernity to postmodernity and modern trends in the development of law and order.