Legal Regulation Of Public Relations Research Articles

Legal Aspects of Demographic Policy in the Russian Empire

The paper provides a legal analysis of demographic processes in Russia in a retrospective aspect during the pre-revolutionary period. The solution of demographic problems in the Russian Federation at the present stage is possible only taking into account the historical and legal experience of state legal regulation of public relations in the demographic sphere, including in the Russian Empire, taking into account positive historical and legal traditions. It should be borne in mind that demographic processes influence the possibility of making and implementing management decisions at the national and regional levels. State legal demographic policy is an integral part of the legal policy of the state as a whole. The paper examines the stages of the formation of demographic policy in the Russian Empire, its place, role, and goals. The author defines demographic processes, demographic policy, and its modern representation in the norms of law. The paper describes correlation between social policy and demographic policy of the State. The importance of the development and State support of demographic policy in particular and social policy in general is determined. The author analyzed several laws of the Russian Empire adopted from the 18th to the 20th centuries, determined features of demographic and social policy. The author takes into account statistical data of the 1897 census that became the first general census of the population, which determines the quantitative and qualitative composition of the population of the Russian Empire. The paper investigates major reforms in labor relations, health care, pension reforms.

Основные черты административного права Московского государства в XVII веке. Часть 1. Система и компетенция административных органов

The first part of the article examines the system and competence of public authorities operating in the Moscow state during the XVII century, which carried out administrative and legal regulation of public relations. Among such organs, the following are singled out and characterized: the highest organs of state power: the Tsar (Sovereign) and the Boyar Duma; the central organs of state power — prikazy; the territorial organs of the highest and central organs of state power — voevody and the command huts, formed under them; The elected organs of local self-government — guba elders, zemstvo elders, tselovalniks and the gubа and zemstvo huts, formed under them. It is noted that all these bodies combined the functions of public administration and justice. Attention is drawn to the fact that the legislation did not establish the general legal basis for the organization and activities of these organs, their administrative competence was defined in normative legal acts outside any system, incompletely and inconsistently.

Legal Aspects of Functioning of the National Welfare Fund in the Conditions of International Sanctions Application

The present article is devoted to the consideration of issues related to the legal peculiarities of formation and use of the main sovereign fund of the Russian Federation in the conditions of economic crisis. The basis of the research is the objective needs of modern Russian society in achieving the national development goals of the state and in the inviolability of its sovereignty, which determines the special relevance of the effective functioning of the National Welfare Fund of the Russian Federation to counteract the sanctions pressure of unfriendly countries. It has been established that the National Welfare Fund of the Russian Federation can be considered from different positions as a multidimensional concept: as a type of economic relations, as a special-purpose fund of money formed within the federal budget, as a set of interrelated specialised powers of public authorities and as one of the key primary methods of budget regulation. In the course of the conducted research some aspects of legal regulation of public relations on the formation, distribution and use of the National Welfare Fund of the Russian Federation, which need to be updated and modified, have been identified. Conceptual proposals aimed at doctrination and regulation of the specified groups of public relations in the norms of financial law are formulated.

Digital state in the regulation of land relations

Introduction. The 21st century is considered to be the era of digital technologies for the rapid exchange of information, obtaining various services, doing business and other processes related to the functioning of society. The relevant processes related to the digitalization of public services (and the use of technology in the regulation of social relations in general) create a new concept, namely the "digital state". Technological means are widely used in the regulation of branches of law related to land legislation. However, the process of using digital technologies in land legislation is somewhat slow. The purpose of this paper is to examine the concept of "digital state" in the modern sense, to identify the main features of the digital state and the means of regulating social relations with the help of technology, and also to determine the main areas of digitalization of land legislation. Results. The digital state is a complex concept which includes the following categories: e-government; - e-court; - e-healthcare; - cybersecurity. The process of formation of a digital state in Ukraine consists of several stages related to the introduction of technologies into the process of legal regulation of public relations. Land law, as a branch of law consisting of many institutions, can also be digitalized. Complete digitalization of land law at one point is a rather complicated and lengthy process, but it is already possible to identify the main areas of digitization of land legislation that can be further implemented by the authorized state authorities. Conclusion. The introduction of digitalization into the land legislation of Ukraine is an extremely important task today. We can already say with certainty that the digitalization of land legislation should take place in two key aspects, namely: simplification of regulation of procedures existing in land legislation and ensuring the possibility of digital exchange of documents between the subjects of land legal relations.

О законодательных основах реализации федерального проекта «Цифровое государственное управление» (положения de lege lata и предложения de lege ferenda)

Тhe article examines legal problems of the federal project “Digital Public Administration” of the national program “Digital Economy of the Russian Federation” implementing. It is substantiated that the identified problems of using digital technologies in the field of public administration require a comprehensive inventory of current legislation, adoption of new federal laws and improvement of existing legal norms. The author makes proposals aimed at ensuring systematic and functionally complete legal regulation of public relations related to the use of digital technologies in the field of public administration.

The Official Interpretation of the Law in the Context of the Paradox

Introduction: the official interpretation of the norms of law is one of the elements that support the efficiency of the mechanism of the legal regulation of public relations. Traditionally, it is associated with a provisional measure in the framework of law enforcement. However, the vigorous improvement of public relations shows that this opinion is outdated and needs to be rethought, which serves as a basis for reconsidering the role of official interpretation in the legal system of society. Purpose: to consider specific ideas about using the official interpretation of law in both classical and non-standard situations, to identify appropriate areas of communication in these processes. Methods: the methodological framework for the research is a set of methods of scientific cognition, including systematicity, analysis, comparative law, formal legal, and historical ones. Results: the author’s position, substantiated in the work, on the possibility of the primary formation by the official interpretation of law of the vectors of development of law enforcement and law-making activities, is based on the work of pre-revolutionary, Soviet and modern scientists, as well as the materials of law-making and law enforcement practice. Conclusions: as a result of the conducted research, it is found that the official interpretation of law should not be considered in the traditional binding to the needs of law enforcement activities. The classical point of view, which for a long time remained popular and monopolistic in legal science, consisting in the exclusive law enforcement nature of the official interpretation of law, is no longer dominant today. If earlier law-making and law enforcement determined the official interpretation, today, the official interpretation acts as a vector forming the foundations of law enforcement, and in some cases, law-making. This indicates that the official interpretation of the norms of law has reached a new level of functioning.

Personal Data in Artificial Intelligence Systems: Natural Language Processing Technology

Objective: to conceptualize, from the viewpoint of personal data protection legislation, the development of natural language processing technology, identifying possible legal barriers to such development and directions for further research of the issue.Methods: the research is based on general scientific methods of cognition, along with which formal-legal and comparative-legal methods were applied, as well as the method of theoretical modeling.Results: it was found that the observance of personal data regime natural language processing in the development of natural language processing technology leads technology, to a conflict between private-legal and public-legal interests, which, personal data in turn, creates obstacles for further development of this technology. The shortcomings of the existing legal order are shown, namely, the insufficient correspondence to the technical features of technology development. This may lead to the risks of excessive regulation, or, on the contrary, to the risks of neglecting critical areas that require protection. Problems in qualifying the data involved in the technology development are outlined. An attempt is made to define the limits of ensuring the lawfulness of personal data processing within the natural language processing technology. The material, temporal and territorial effect of the legal regulation in this field is identified as the limits of ensuring the legality. The author touches upon the possibility of using personal data as a consideration, which is important for the development of natural language processing technology and for the improvement of the information and communication technology industry.Scientific novelty: the paper supplements the scientific discussion on the legal regulation of personal data processing by artificial intelligence systems with an analysis of natural language processing technology. The latter is insufficiently studied, making it relevant to research information law, namely, the legal relations arising around artificial intelligence systems, and to assess the impact of a personal data regime on the development of natural language processing technology.Practical relevance: the applied aspects of the problems researched and the results obtained can be used to improve the legal regulation of public relations in the field of creation and development of artificial intelligence, as well as to identify and assess the legal risks arising in the personal data processing by developers of digital products based on natural language processing technology.

Genesis of legal regulation of the web and the model of the Metaverse electronic jurisdiction

The study examines the transformation of scientific views and approaches to the problem of expediency and necessity of legal regulation of public relations, emerging from the evolution of the world system of public electronic resources in the transmission of information and Internet data from Web 1.0, Web 2.0 to Web 3.0. The stages of formation of the role and place of electronic jurisdiction in public relations are also investigated. Legal regulation of modern relations in virtual and augmented reality environments with the use of Web 3.0 technologies is not available today. At the same time, there are precedents for the application of certain provisions of analogue law to address legal uncertainties in the virtual environment, such as establishing ownership of virtual non-property assets, buying/selling of virtual non-property assets, liability for misappropriation of virtual non-property assets, etc. Obviously, the problem of legal regulation by the rules of analogue law in the virtual environment cannot be fully addressed. The solution to this problem is possible by creating a comprehensive e-jurisdiction and developing the Metaverse Grand Charter of Laws to regulate public relations in the meta-universe and to establish new branch of e-law. Given the urgency of the problem, the model of e-jurisdiction Grand Charter of Laws Metaverse is proposed. The model of complex electronic jurisdiction of Metaverse will allow to create basic conceptual apparatus, doctrinal and regulatory and legal concepts, to define objects and subjects of legal relations in Metaverse, to establish the basic forms of legal relations and mutual relations in Metaverse. This, in turn, will be the basis for reforming analogue legislation, partial interoperability in the digital environment and the development of new regulations in various areas of law and will stimulate the establishment of new e-jurisdiction. The study proposes the construction and basic elements of electronic jurisdiction, mechanisms for the separation of electronic offences and interaction with analogue jurisdictions. E-jurisdiction of the Metaverse Grand Charter of Laws will provide legal regulation of public relations both directly in Metaverse and in public relations related to the analogue and electronic world.

Problems and Prospects of Legal Regulation of Public Relations connected with the Use of Neural Networks

The level of digitalization has increased significantly in the current century, the speed of the Internet has increased by many times, and it is now possible to access it from different parts of the world. Today, artificial intelligence occupies a special place in the digital technology market, which is already an indispensable tool in many sectors of the economy of developed countries. The purpose of the study is to identify the main urgent problems of using neural networks, as well as to form proposals for their legal regulation. The study uses the formal logical method, the comparative legal method, analysis and synthesis, methods of induction, deduction, and abstraction. It has been established that artificial intelligence cannot yet distinguish a joke from a real command or user request, respectively, further development of these technologies is impossible without the implementation of an analog function of cognitive thinking. It is concluded that self-regulation can be the best way to regulate the use of neural networks, since the legal system of continental law, to which the Russian Federation belongs, is quite rigid and often may not have time to regulate the rapidly developing field of artificial intelligence. Self-regulation is able to provide an opportunity to convey proposals on the legalization of effective rules for organizing the activities of IT market participants, to create an effective mechanism for guaranteeing the quality and safety of artificial intelligence based on the joint property liability of members of self-regulating organizations. At the same time, it requires the adoption of legal norms on liability for the illegal use of neural networks, as was done in the United States and China. In the near future, deepfakes created on the basis of neural network technologies may become a threat to national security and cause harm to thousands of citizens.

Пределы индивидуального правового регулирования наследственного правопреемства

The article considers the individual legal regulation of public relations. in the order of hereditary succession, taking into account legal regulation. The subjects of hereditary succession are given the opportunity to determine their behavior at their own discretion, taking into account the boundaries established by law.

Механизм правового регулирования: понятие, признаки и элементы

Saratov State Law Academy, PhD (Law) The scientific article is devoted to the issues of determining the mechanism of legal regulation of public relations in Russian legal science. The paper provides an analysis of the opinions of the scientific community on this institute. An attempt is made to formulate its own definition of this category, as well as to characterize its main features and elements (stages).

Особенности финансово-правового регулирования общественных отношений в области цифровых финансовых активов

The article delves into the identification of financial and legal aspects in the normative regulation of relations in the field of digital financial assets. The study draws attention to the complex nature and reasons for the legal regulation of the above-mentioned relations, the different understanding of digital financial assets in the scien-tific literature, world practice and legislation. The work reveals the public-law nature of a number of responsibili-ties and functions of operators of the information system, within the framework of which the issuance of digital financial assets is carried out, operators of digital financial assets exchange, as well as the Bank of Russia. By analyzing the content of regulatory requirements for the formation of financial resources and assets of the above operators as subjects of the financial market, as well as the relevant regulatory and supervisory powers of the Bank of Russia, it is possible to clarify the range of social relations in the field of digital financial assets that need financial and legal regulation, taking into account their features with the classical characteristics of financial legal relations.

Relations Developing in Arbitration Proceedings and the Subject of Civil Procedure Law

The paper examines the question of whether relations developing in arbitration proceedings are included in the subject of civil procedure law. The author describes the positions of researchers and the arguments justifying them. In the paper, the author derives a criterion for the unification of public relations under the subject of civil procedure law. As such a criterion the paper defines an objective social need or interest in the legal regulation of certain public relations in a unified system of procedural safeguards (in a civil procedural form), taking into account the nature of these relations and ensuring to the maximum extent the real protection of the rights and legally protected interests of persons. It is concluded that the legal regulation of public relations developing with the arbitral tribunal is designed to satisfy the need for a qualitatively different procedure for resolving civil cases as compared with the system of justice. These relations objectively are non-procedural in their nature and are not included in the subject matter of law of civil procedure. In confirmation, the fact is given that in arbitration proceedings there is a rejection regarding procedural guarantees that are fundamental for civil procedure law.

ՀԱՆՑԱՎՈՐՈՒԹՅՈՒՆԸ ՊԱՅՄԱՆԱՎՈՐՈՂ ԻՐԱՎԱԿԱՆ ԲՆՈՒՅԹԻ ԳՈՐԾՈՆՆԵՐԸ ԵՎ ԴՐԱՆՑ ԿԱՆԽԱՐԳԵԼՄԱՆ ԱՐԴԻ ՄԻՋՈՑՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ

Crime is caused by social, economic, political and other factors. Among these factors, the legal determinants of crime are highlighted – the irrelevance of legislation, gaps and defects in regulation, regulation, which contain criminogenic and victimogenic risks in legal acts, etc. These factors are due to social maladaptation, haphazardness and inconsistency of methods and forms of legal regulation, uncertainty of the object-subject and subject composition of legal relations, conditions and grounds for their occurrence, modification and termination, uncertainty and imbalance of interests of subjects of legal relations, their rights and obligations, as well as the order of their implementation and execution, lack of social, economic and organizational and legal mechanisms for ensuring the implementation of a legal act, as well as the lack of control over the implementation of its provisions, etc. In order to prevent legal factors that cause crime, it is necessary to update legislation, ensure proper legal regulation of public relations, eliminate legislative gaps, and conduct a criminological expertise of draft normative legal acts. It should be noted that in the Republic of Armenia, the legal basis for the criminological expertise of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this expertise, as a result of which no such expertise has been conducted. Therefore, it is necessary to ensure appropriate regulations, including the adoption of the Law “On criminological expertise of draft normative legal acts”. It should be noted that in the Republic of Armenia the legal basis for criminological examination of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this examination, as a result of which not a single such examination has been carried out. Therefore, it is necessary to provide appropriate regulations, including the adoption of the Law “On criminological examination of draft normative legal acts.”

К вопросу о применении экспериментального правового режима в области телемедицины в России

The digitalization of society leads to the transfer of public relations into electronic form. Telemedicine is a new way of providing medical care. The undoubted advantages of telemedicine are cost reduction, the possibility of surgical intervention and constant monitoring of the patient's health, and the absence of geographical attachment. However, the introduction of a new method of providing medical care in the form of remote interaction with a patient using telemedicine technologies is impossible without experimenting with its use. Also, insurmountable conflicts may arise between the legal norms intended to regulate telemedicine activities and the legal norms in the field of telemedicine. Of particular value when making changes to legal regulation is the observance of a balance of interests, countering violations of the rights, freedoms and legitimate interests of the individual. In the current legislation of the Russian Federation, it is possible to test new legal norms with the help of experimental legal regimes. The experimental legal regime is aimed at testing a new version of the legal regulation of public relations. Currently, the Russian Federation has introduced an experimental legal regime in the field of digital innovations in the field of medical activity, including the use of telemedicine technologies and technologies for collecting and processing information about the health status and diagnoses of citizens. However, the legal norms establishing this experimental legal regime do not introduce new legislation on telemedicine activities.

Российский конституционализм 30 лет спустя

Introduction. The actualization of the processes of improving constitutional prescriptions in modern Russia necessitates the search for the theoretical foundations of constitutional reforms. The reason for writing the article was the anniversary date – the 30th anniversary of the adoption of the Constitution of the Russian Federation. Any anniversary is always an occasion to reflect, analyze, return to the times when everything began. As the purpose of the analysis of the evolution of Russian constitutionalism, it is possible to define a rethinking of approaches to models, methods and tools for changing the legal reality. Materials and Methods. The transformation of the constitutional model of the state as a subject of scientific research in this work is based on the analysis of the transformations of the Constitution over three decades, the study of domestic experience in the legal regulation of public relations, the interpretation of constitutional provisions and institutions. Analysis. The Constitution of the Russian Federation defines the structure and principles of the organization of public power, the rights and obligations of citizens and much more. However, despite its importance, the Constitution of the Russian Federation, as well as the basic laws of other countries, does not always correspond to the realities of life and needs constant updating and improvement. Results. The article is devoted to the study of constitutional transformations in the aspect of retrospective and comparative legal analysis of some constitutional and legal institutions – federalism, public power, special attention is paid to the evolution of constitutional guarantees of the realization of human rights and freedoms.

Legal regulation of robo-advisors in the Russian Federation

The development of the digital economy entails the emergence or transformation of already existing social relations that develop between investors and professional participants in the securities market in the financial market. Professional participants in the securities market began to provide their services to investors not only personally, but also with the help of artificial intelligence technologies. Such technologies include the use of computer programs — “robo-advisers” to provide investment recommendations. The introduction of such innovations in the financial market has inexorably raised the question of introducing legal regulation of public relations that develop when professional participants in the securities market — investment advisers with the help of “robo-advisers” provide consulting services to their clients. The author stated that the relatively recent emergence of public relations in the field of roboadvising causes difficulties in the conceptual apparatus not only in Russian science, but also in foreign. The article proposed the concept of a robot advisor (roboadviser) and roboadvising in both the theoretical and legal sense. The approaches of the states to the establishment of legal regulation in the national legislation of the provision of investment recommendations by “robo-advisers” were analyzed. The author identifies two approaches of states to the establishment of legal regulation: through acts of a recommendatory nature and through the adoption of special normative legal acts. It is concluded that the Russian Federation belongs to the category of states where the legal regulation of the provision of investment recommendations by “robo-advisers” is carried out on the basis of special regulatory legal acts. In the article, the author expressed the point of view, according to which the consolidation of the legal definition of a “robo-adviser” in Russian legislation seems impractical, due to the fact that it already has a mechanism for legal regulation of the provision of investment recommendations using computer programs (which involve the use of an auto-consulting algorithm), based on which a definition can be derived the term “robo-advisor”. Special attention was paid to the distinctive features of the Russian legal regulation of this area, including on the basis of an analysis of subordinate regulations issued by the Bank of Russia.

АВТОНОМНЫЕ АВТОМОБИЛЬНЫЕ ТРАНСПОРТНЫЕ СРЕДСТВА: ПРАВОВОЙ ОПЫТ ЯПОНИИ

The purpose of the work is to study the law-making and implementation practices in the field of legal regulation of public relations related to the production and operation of autonomous vehicles in Japan. This country occupies one of the leading positions both in the Asia-Pacific region and around the world in terms of technologies and innovations in the field of autonomous driving. Legal acts of this state allowed driving of level 4 autonomy for the first time in 2023. The article reveals the content of the Act of Japan on Amendments to the Road Traffic Act, published on April 27, 2022 and entered into force on April 1, 2023. Intensive work is underway in the Russian Federation to create a draft Federal Statute on highly automated vehicles, which is planned to be submitted to the Parliament of the Russian Federation in 2024. In order to improve the regulatory framework for highly automated vehicles in the Russian Federation, it would be useful to study the legal experience of Japan, accumulated in the field of highly automated vehicles creation and operation. The author analyzes the data presented in the Autonomous Vehicle Readiness Index 2020 and the current situation in the field of autonomous driving in Japan, and comes to the conclusion that Japan has done a lot in recent years to take into account all its mistakes and correct the shortcomings noted in this Index. The study provides an analysis of points of view on the issue of subjects of legal liability in the situation of causing harm as a result of the operation of autonomous vehicles.

CONSTITUTIONAL AND LEGAL CONSOLIDATION OF NATIONAL OBJECTIVES AND PRIORITIES IN THE SOCIAL POLICY OF THE RUSSIAN FEDERATION

The purpose of the study is to identify the interdependency between the constitutional reform and changes in social institutions and to propose directions for the development of new constitutional provisions in the legislation of the Russian Federation. Materials and methods. The methodological instrumentarium is chosen taking into account the specific goals of the work. The dialectical-materialistic method of cognition made it possible to study the subject in development, in interrelation of all its individual manifestations and in interaction with related phenomena, to substantiate the advantages and disadvantages of various approaches to solving this issue. The methods of formal logic: description, comparison, analysis and synthesis made it possible to reveal and characterize in detail the legal, moral, ethical and other aspects of constitutional and legal transformations. The use of specific scientific methods of cognition: comparative legal, formal legal, statistical, structural and functional – made it possible to explore the problem under consideration in interrelations and interdependence, to identify certain trends, to make generalizations and conclusions. Study results. The relevance of the research topic is determined by the need to legally consolidate traditional Russian values and worldview guidelines, to preserve and pass the Russian civilizational code for future generations in conditions of a changing world order and defending the idea of a multipolar world. The Constitution of the Russian Federation, as amended in 2020, became the result of transformations in social institutions and the program for the development of the Russian society and the state for the future. The constitutional doctrine is evaluated in retrospect, the prerequisites for the 2020 constitutional reform are assessed, and its first results are analyzed. New constitutional and legal norms and their development in the legislation of the Russian Federation are analyzed, comparative legal characteristics of individual constitutional and legal novelties are given, and their importance in the system of constitutional and legal regulation of public relations is substantiated. Conclusions. The author comes to the conclusion about the public demand for the constitutional consolidation of institutional changes that have taken place and consolidated in the Russian society in the last three decades of constitutional development.

Понятие и содержание частноправового режима

Introduction. As an element of legal regulation, private legal regime is a legal category, the concept of which is regarded ambiguously in doctrine and depends on the general understanding of the category «legal regime». Socio-economic, political changes in society are accompanied by changes in the nature of social relations, requiring proper legal regulation in the area of private interest protection.
 Methods. On the basis of the analysis of definitions of legal regime formulated in the theory of law, a generalised approach to the understanding of private legal regime was developed. The application of formal legal method made it possible to reveal the concept and specific features of the private legal regime. The system-structural method was used to determine the significance of legal means (ways, methods, principles, types of legal regulation) in the structure of private legal regime. The application of modelling enabled to reveal the effectiveness of private legal regulation of public relations.
 Results. The concept and essential features of private legal regime are identified; the model of private legal regime as a variable combination of a complex of legal means determining the orientation of private legal regulation of property and personal non-property relations based on equality, autonomy of will and material independence of their participants is defined.