Application of 3D documents in the land cadastre: problems of legal regulation

The article considers the use of 3D documents in electronic document management and land cadastre. Earth audit (cadastre) within the "Digital Earth" is carried out through 3D documents. The technical nature of 3D documents is clear, but the legal regime is quite complex and poorly understood. In this situation, it is impossible to conduct an audit of the Earth through a 3D document without establishing its legal regime. This article identifies possible ways to develop domestic legislation in the field of digitalization on the example of a 3D document and makes suggestions for improving the current legislation and defining the legal regime of a 3D document, including in relation to the land cadastre.

The article draws attention to the fact that one of the fundamental institutions of civil law is the institution of objects of civil rights. The turnover of objects, the establishment of their legal regime allows in practice to apply relevant legislative norms and to carry out proper protection and protection of the rights and interests of participants in civil legal relations. Recodification of civil legislation provides an opportunity to analyze certain problems of legal regulation in a new way. Those related to the concept and features of information as an object of civil rights are no exception. The active development of information technologies, the final recognition of the value of information as a non-property good, the informatization of all spheres of social life only emphasizes the relevance of the doctrinal study of the concept and features of the object of civil rights. Active scientific interest in this area is primarily related to the existence of a large number of debatable issues, the solution of which is necessary for the further development of the doctrine of civil law and the increase in the level of application of civil law norms. Recodification of civil legislation opens an opportunity to rethink various problems of legal regulation, including those related to the types of objects of civil rights. It is also impossible to avoid the objective changes of modern times associated with the emergence of new objects of legal regulation. It is primarily about information products, information resources, information systems, cryptocurrency, personal data, artificial intelligence, digital content. Of course, information is a direct (if not the only) component of all the listed objects. That is why the expansion of the list of objects of civil rights, the cause of which is the development of civil turnover, is timely and conditioned by the needs of today. Different doctrinal approaches of scientists regarding the concept and features of objects of civil rights, gaps and conflicts in the current legislation, heterogeneity of judicial practice, Ukraine’s desire to join the European community and the need to update civil legislation determine the need to intensify research in this area.

The subject of the study is the dependencies, trends and key features of the turnover of cryptocurrencies as a separate phenomenon. The purpose of the study is to analyze the key features of the cryptocurrency turnover and the problems of their legal regulation, followed by the development of practical proposals for the prevention of cryptocurrency crime. The objectives of the research are: analysis of modern technologies related to cryptocurrencies; their features and degree of influence on financial markets; problems of prevention and legal regulation of cryptocurrencies in Russia. The object of research is formed by public relations related to the use of cryptocurrencies in the financial market. Cryptocurrencies represent one of the most significant phenomena in financial technology. In the context of globalization and digitalization, they provide new opportunities for transactions, investments and storage of funds. However, the rise of decentralized finance, anonymous wallets, and NFT scams has turned blockchain into a "new shadow" of the global economy. This confirms the importance of developing new techniques and means of preventive activities of law enforcement agencies. The methodological basis of the work is the method of dialectical cognition, thanks to which it was possible to study the object and subject of research in relation to the domestic criminal legislation and other normative legal acts. The theoretical and methodological basis of the research is various logical techniques and means of scientific knowledge, general scientific and private scientific methods: modeling, forecasting, formal legal. The novelty of the study is due to the analysis of modern official statistical data and materials of investigative and judicial practice on the state of cryptocurrency crime in Russia. The study of domestic legal acts in the field of the use of financial assets allowed us to conclude that the status of cryptocurrencies is uncertain. The authors summarize that cryptocurrency crime does not require prohibitions, but a rethinking of law, because it is not technology that poses a threat, but its exploitation in conditions of legal inequality. The main conclusions obtained by the authors relate to determining the financial characteristics of cryptocurrencies, their volatility, liquidity, and risk assessment of use. The trend of increasing demand for the integration of cryptocurrencies into traditional financial systems has been proven. The problems of legal regulation and regulatory consolidation of the concept of "cryptocurrency", including in domestic criminal legislation, are outlined. The main reasons for the spread of cryptocurrency crime and the prospects for preventive activities of investigative authorities based on the capabilities of artificial intelligence have been identified.

Introduction. The theoretical and practical importance of the contractual legal relationships, the specifics of their legal regulation in the present-day conditions imply a contract to be a driver of the dynamic processes of commodity exchange. Therefore, due to involvement of the increasing number of objects into the civil circulation and fostering freedom of competition, the role of a contract is also growing. At the same time, in recent times the special attention in the national Civil Law is being paid to creation of the legal construct ensuring development of the gratuitous relationships. In this regard, a gratuitous contract category and, in particular, a gift agreement category are of considerable interest. One of the objectives of today’s Civil Law is creation of the legal construct ensuring development of the above-mentioned gratuitous relationships. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the RF), although traditionally stipulating the certain types of gratuitous contracts, still leaves unsolved a number of issues: systematisation of gratuitous obligations, type composition, socially beneficial goals, etc. In the current legislation, the legal constructs of technical and humanitarian aid contracts are stipulated in the ambiguous way. The relationships comprising the element of gratuitousness related to charity, donation, patronage, grants, etc. need a clear legislative regulation. Meanwhile, the legal regulation of the gratuitous contacts in the current economic situation falls considerably behind the present day demands. Therefore, understanding the essence and legal nature of a gift agreement and its place in the present-day Civil Law of Russia is of particular interest. The aim of this study is to identify the most topical problems of the gift agreement legal regulation in the national legislation and difficulties in application practices thereof.Materials and Methods. The legal regulation designated for drawing up the gratuitous contracts was analysed, whereas the gift agreements among them were of particular interest. During the research, a combination of general and specific scientific methods of cognizing the legal reality were applied. The methods of analysis and synthesis, comparative legal analysis, as well as the dialectical method were used for writing the article, which made it possible to ensure the comprehensive study of the material under analysis, internal integrity of the study, as well as credibility and consistency of the research provisions.Results. It has been proved that the institution of gift-giving is in a state of constant legislative improvement. That is why, a number of provisions have been elaborated to foster the development of this institution in the national legislation.Discussion and Conclusions. The problems of the gift agreement legal regulation have been identified, including the law enforcement errors, which occupy a special place in the national judicial practices. All of the above-mentioned does not merely make the topic of the present study relevant, but also determines the main trends for improvement of the current Russian legislation referring to the gift agreement regulation.

Introduction: the paper examines the problems with the legal regulation of using digital financial assets as investments. The emerging problems, according to the authors, are primarily related to the legal means inherent in the mechanism of the legal regulation of emerging legal relations, as well as to the significant specifics of relations arising on the Internet and other information and communication networks. Purpose: the purpose of the work was to identify the specific features of this relationship concerning the impossibility of geographically determining the residence of the party to the relationship and, as a result, determining the national law to be applied in relation to investing digital financial assets. Methods: the specifics of legal relations arising in the information and communication network between investors in digital financial assets and other entities have led to the use of special research methods. Among the general scientific tools, along with analysis, synthesis, deduction, and induction, the empirical method of legal modeling was used. Specific scientific methods were also used: dogmatic (formal-logical) and formal-legal, as well as the methods of legal forecasting, legal analogy, and technical-legal. Results: the paper substantiates the complex composition of legal relations, the parties to which are both “legal” and “technical” entities. The interrelationship between the actions of the parties causing legal consequences is shown. It is proposed to classify the parties to legal relations arising in the virtual network in the process of investing digital financial assets into the main ones, whose actions generate legal consequences, and the auxiliary (additional) ones, whose actions provide the possibility of legal consequences. It is argued that the process of emerging legal relations is influenced by the actions of all parties, both basic and auxiliary. An important problem of interaction in the virtual network in the process of investing digital financial assets is the identification and authentication of the parties. This complexity is directly related to the definition of the nationality of the party to the legal relationship and the definition of national law to be applied. It is indicated that in the Russian Federation, this issue has been practically resolved with the creation of a Unified identification and authentication system. However, in international and interethnic relations, it still needs to be worked out. Several ways to solve the problem of unified legal regulation of relations involving the investment of digital financial assets are analyzed. There are four main models that currently exist. First of all, it concerns the convergence of the national laws of different states. The disadvantages of this approach are indicated. The second model is related to the creation of a unified international regulation. The arguments “for” and “against” are given. The problem of creating a polycentric or decentralized law is considered. The third model is related to the use of technical norms in the regulation of relations along with the legal ones. The fourth approach justifies the existence of two levels of regulation: external and internal. Conclusions: the authors have proposed the fifth model of the legal regulation of relations for the investment of digital financial assets, characterized by the legal regulation of individual objects of digital communication, a combination of external state regulation with self-regulation, as well as the possibility of creating an information platform for its own legal regulation within the system (the intra-system regulation or platform law). The problem of the existence of internal local regulation of legal relations for investing digital financial assets is analyzed. The conclusion is made about the formation of a local platform law. The polycentricity of the supra-platform law is substantiated. The problem of prohibiting the counter-provision of a digital financial asset is solved. It is proposed to replace this ban with a ban on the use of a digital financial asset as a means of payment.

Changing the legal status of a citizen within the framework of the administrative and legal regime: problems of legal regulation and solutions

This article examines the problems of classification and establishment of administrative and legal regimes for the protection of various historical and cultural territories provided for by the legislation on the state protection of cultural heritage objects. As a result of the analysis of international legal acts, it is concluded that some provisions of the Russian legislation do not fully comply with international rules. The problem of legal regulation in terms of such territorial (planar) objects of cultural heritage as works of landscape architecture and landscape gardening is highlighted. Examples of a number of foreign countries with significant experience in establishing historical zones and cultural landscape protection are given. The indicated experience makes it possible to identify the redundancy of some provisions of the Russian legislation relating to historical settlements and historical and cultural reserves. The article offers the author's definition of historical and cultural territories, and also puts forward a number of proposals to change Federal legislation, in particular, to adjust the concept of a landmark and its types of objects, the legal regime of a landmark, to make changes to the legislation on museums- reserves, as well as to abolish the rules relating to historical and cultural reserves. The paper identifies promising areas for further research on this topic and ways to improve legislation on the protection of cultural heritage.

The article highlights topical issues of definition, legal support and implementation of special administrative and legal regimes and their impact on the functioning of state legal institutions. Some current trends and prospects for the development of emergency legislation in crisis situations are outlined, which became the subject of discussion at the III Interregional Scientific and Practical Conference dedicated to the memory of the Honored Scientist of the Russian Federation, Doctor of Juridical Sciences, Professor D. N. Bakhrakh («Administrative and Legal Regimes in the Activities of Public Administration», November 15, 2023, Ekaterinburg, Ural State Law University named after V. F. Yakovlev). The abstracts of the participants’ speeches are presented and the authors’ own position on certain controversial issues is expressed.The authors draw attention to the fact that the organizational and legal means that form the basis of the functioning of public administration are special administrative and legal regimes, including state of war, state of emergency, emergency situations, legal regimes for countering terrorism, extremist activities, closed cities, as well as mixed legal regimes applied in the fields of innovative activity of the state, business and other economic activities. The features and problems of legal regulation of special administrative and legal regimes, the differentiation of ordinary and extraordi- nary public administration and a number of other theoretical and practical issues related to the legal regimes of public administration are considered.

The urgency of the research issue is due to the trends of social and economic development in the context of digitalization. Big Data has become an answer to the modern social challenges. It is the technology for processing large amounts of data, which allows you to quickly process large and diverse data, systematizing them. This raises the question of ensuring the legal protection of personal data when they are processed by these technologies. The purpose of this article is to identify the problems of legal regulation, which arise in the processing of personal data in Big Data systems. The research objectives are to determine approaches to the legal regulation of the processing of personal data and Big Data systems, identify gaps in the current legislation governing these relations, analyze project legislation, as well as to identify the main current trends of legal regulation in this field. The following methods were used in the research: general scientific methods – analysis, synthesis, comparison and generalization; private and scientific formal and legal method. As a result of the research, it is concluded that the digital transformation of the development of society has put forward new requirements for the legal protection of legally protected information and personal data. The current Russian legislation does not have special legal provisions related to the processing of information using Big Data technologies. The materials of the article are of practical value for experts and scientists in the field of information processing and legal protection of personal data.

The article is devoted to the analysis of the latest principles and novelties of legal support for the functioning of the State Land Cadastre in Ukraine. The legal issues of information interaction between the State Land Cadastre of Ukraine and the national geospatial data infrastructure are revealed. The author identifies the advantages of adapting the current legislation in the field of land cadastre to the requirements of the European Union Directive 2007/2/EC (INSPIRE) and considers the possibility of their implementation in the legal system of Ukraine to improve cadastral activities and land relations. The article provides proposals for improving the legislation and its adaptation to EU standards. The author concludes that the current Ukrainian legislation requires comprehensive changes to bring it in line with the EU standards on information interaction within the land cadastre. It is emphasised that the adoption of the principles of the INSPIRE Directive can be an effective way forward in improving the national geospatial data infrastructure. It is argued that the lack of interaction and automated exchange of geospatial data in a single environment with registers, cadastres of executive bodies of local self-government, utilities, institutions and organisations in the fields of urban planning, architecture, and land resources is a significant problem for guaranteeing the land rights of land relations subjects. The author emphasises that the most pressing problems of legal regulation in the field of land relations and cadastral activities today include imperfections in public administration of land relations, insufficient development of the automated system of the State Land Cadastre, and lack of an effective mechanism for economic incentives for land use and protection. The author proves that the functioning of the State Land Cadastre of Ukraine today is based on the following principles: processing, systematization and storage of information on the objects of the State Land Cadastre; synchronization of information contained in the national geospatial data infrastructure and the State Land Cadastre; integration of geographic information systems of Ukraine and the European Union with a view to creating a single information space for the use of 3D and 4D land data; counteraction and protection of information contained in the State Land Cadastre.

The scientific article examines the criminal legal aspects of combating the legalization (laundering) of money and (or) other property obtained by criminal means in the Republic of Kazakhstan. As you know, criminal proceeds create the material basis for committing new crimes, contribute to the growth of the shadow economy, the withdrawal of capital, an increase in the level of corruption, and, promoting a criminal lifestyle and therefore suppressing the possibility of money laundering is a necessary condition for combating crime. This circumstance, in turn, is the most important factor in the economic, political, and social stability of the state. According to the authors of the article, in the regulatory framework and in the law enforcement activities of the country’s government bodies in the field of combating money laundering, there are some problems in legal regulation and in the practical activities of law enforcement agencies. The authors of the article identified existing problems in legal regulation and law enforcement activities in the field of combating money laundering, mainly in the criminal legal sphere, and ways to solve them are proposed.

The research subject is legal provisions and scientific sources reflecting the procedure of using AI technologies in the field of road traffic safety. The research object is social relations defining the fundamentals of the use of AI technologies in the field of road traffic safety. Based on the analysis of regulatory documents and scientific literature, the author outlines a set of technological, social, and legal risks of using artificial intelligence in this field, and emphasizes particular problems of legal regulation. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, the system method, analysis, synthesis, modeling, comparison, etc.). The author formulates the conclusion that the accentualization of technological, social and legal risks as and when AI technologies are used in the field of road traffic safety, helps to organize the work of public authorities in advance and step-by-step, and to find a wide range of legal instruments helping to eliminate or minimize possible risks, raise the effectiveness of public administration of social relations in the field of road traffic safety, and promote the achievement of strategic socio-economic goals of the state.  The scientific novelty of the research consists in a comprehensive analysis of theoretical legal and organizational aspects, characterizing the risks of using AI in the field of road traffic safety, and an accentualization of particular problems of legal regulation and the prospects of implementation of AI technologies in this field.       

The paper considers the problems of legal regulation and environmental policy in Russia and Kazakhstan related to the achievement of the UN Sustainable Development Goals. The focus of this study is in the plane of studying the features of legislative regulation and the arrangement of political priorities in the two countries in order to determine their similarities and differences. The study intends to assess the current state of the legislative regulation of the Russian Federation and the Republic of Kazakhstan in the context of achieving individual SDGs. Taking into account the object of this study, the assessment of the readiness of countries to achieve the SDGs is carried out within the framework of such criteria as: (1) the current state of the relevant legislation in the field of environmental protection and natural resource management and the analysis of legislative regulation in terms of adaptability to achieve the SDGs, and (2) the role of programmatic-strategic documents in areas corresponding to the SDGs, covering environmental protection and natural resource management. A study of the experience of the Russian Federation gives grounds to say that the fragmented and inconsistent approaches enshrined in policy documents and Russian regulatory legal acts regulating nature management cause duplication of certain provisions of regulatory legal acts. Both Russian and Kazakhstani legislators avoid the universal application of the concept of “sustainable development goals” as a separate category in lawmaking, reserving the right to interpret this term at their own discretion. Formally, in the legislation and strategic and program documents of both countries there is no normative binding justifying the focus on achieving the SDGs, or tools for achieving them. However, on the part of Kazakhstan, strategic documents and national laws and regulations governing sustainable resource management are less diversified and more consistent with each other. The study gives grounds to say that in view of the presence in the Russian legal field of many inconsistent laws and political documents, harmonization of strategic documents related to the achievement of the SDGs is an urgent issue for the Russian Federation. For RK, this problem is less obvious. At the regulatory level, the instruments for achieving the UN SDGs and their indicators are not enshrined in the laws of both countries. References to the defining role of the UN SDGs are absent both in the text of the strategic documents of the Russian Federation and the Republic of Kazakhstan.

Formulation of the problem. At the present stage of development of land relations in Ukraine, the activity related to the maintenance of the state land cadastre is of great importance and is intended to collect information and inform the participants of land relations about the real value and legal regime of each land plot in Ukraine. Such activity requires effective legal support because maintenance of the state land cadastre requires clear and transparent procedures for entering information into it and receiving information from its registry. Recent research on the topic. Problems of legal regulation of the maintenance of the state land cadastre has not received a wide coverage. Among the most revealing researches it is necessary to emphasize the dissertation of N. Grabovets , in which the subject of research was the legal support of the main types of land cadastral activity, and the scientific study of O. I. Sidorchuk , in which the legal aspects of the order of maintenance of natural resource cadastres were discussed. Legal aspects of maintaining the state land cadastre can be found in scientific works of A. G. Borovitskaya, N. O. Kuchakovskaya and Z. V. Yaremak. Currently, a comprehensive study of the legal regulation of the state land cadastre has not been conducted in the domestic literature. The purpose of this study is to determine the legal specifics of maintaining the state land cadastre. Article’s main body. Scientific research is devoted to determination of legal peculiarities of introduction of the state land cadastre. It was found that the legal regulation of the state land cadastre must be a relationship between landowners and landowners, the state, state entities and the community. The foundation of the legal regulation of the state land cadastre is the Constitution of Ukraine, which states that the laws of Ukraine determine the principles of land use exclusively. However, it should be noted that the main legal act on the maintenance of the state land cadastre is the Law of Ukraine "On the State Land Cadastre". In addition, some provisions concerning the maintenance of the state land cadastre are reflected in the Land Code of Ukraine, the laws of Ukraine "On Land Assessment", "On Land Surveying", "On Topographic and Geodesic and Cartographic Activities" and several bylaws. As a result of the conducted research it was established that the complex interconnected process of maintaining the state land cadastre requires a clear legal support for its organization. Law norms that regulate the organization of the areas of cadastral activities, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act. Conclusions and prospects for the development. As a result of the conducted research it was established that the complex interrelated process of maintaining the state land cadastre requires a clear legal support for its organization. However, legal norms that regulate the organization of the areas of cadastral activity, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act.

The author considers the problem of international legal regulation of activities on the use of natural resources of space. The results of the analysis of international treaties in the field of space law, resolutions of the UN General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space are presented. The methodological basis of the research was made up of general scientific and private scientific methods of cognition (dialectical method, method of analysis and synthesis, induction and deduction, comparative legal and historical legal methods). Currently, there is no universal international legal regulation of the legal status and regime of the use of natural resources of outer space. In order to carry out activities for the extraction of natural resources, it is necessary to develop appropriate international legal norms. In this regard, two alternative positions are being discussed - the concept of the "common heritage of mankind", developed in international maritime law, and the Artemis Agreements proposed by the United States. In the course of the study, the following conclusions were made. The prohibition of national appropriation of outer space and celestial bodies applies to States and individuals. International space law does not explicitly prohibit the use of space for the extraction and commercial exploitation of natural resources. However, natural resources are part of outer space and celestial bodies, respectively, in the absence of special rules governing their legal status and mode of use, the legal regime established in relation to outer space and celestial bodies should be extended to them. There is a tendency to develop a legal regime for the use of natural resources of outer space at the national level with the transition to the international one. The results of the study can be used in the interpretation of the provisions of international space law and the development of international norms concerning the legal status and regime of the use of natural resources of space.