Legal Regulation Of Public Relations Research Articles

On certain aspects of public legal responsibility in the sphere of using artificial intelligence and autonomous robots

The subject of this research is certain theoretical aspects of public legal responsibility that may emerge in the spheres and situations of the use of artificial intelligence and robotic autonomous systems takes place. Special attention is given to interpretation of public legal responsibility as a legal category, and its role within the system of legal regulation of public relations in the country. The article explores the basic aspects of public responsibility in the sphere of potential use of the systems equipped with technological solutions based on artificial intelligence. The author describes the possible risks determined by the development and implementation of such technologies in accordance with trends of scientific and technological progress. The conclusion is made that currently in the Russian Federation does not have a liability system applicable particularly to damage or losses resulting from the use of new technologies, such as artificial intelligence. However, the existing liability regime at least ensures the basic protection for the victims suffered from the use of artificial intelligence technologies. However, the peculiar characteristics of these technologies and complexity of their application may hinder payment of compensations for inflicted harm in all cases when it seems justified, and not ensure fair and effective allocation of responsibility in a number of cases, including the violation of non-property rights of citizens.

Ordering national legislation as one of priorities of the legal policy of Ukraine

In the article was noted that nowadays a characteristic feature of the national legal system of Ukraine is quite intense, however, mostly chaotic, unsystematic, uncoordinated normative activities at all levels of public authority. As a result, both scientists and practitioners, talk about the numerous defects of national legislation, which significantly reduces the level law and order in the state, cause to violation of the rights and freedoms of man and citizen. Defects in national legislation (regarding its content and / or form) determine the need for a variety of content and forms of normative activities of public authorities to amend existing legislation in order to improve it. However, today normative activities of public authorities are mainly focused on improving the legal regulation of public relations, that is, it is primarily related to changes in the content of legislation. Normative activity related to the change of the form of legislation without changing its content, that is, without changing the content of the legal regulation of social relations, neither legal science nor practice is given due attention. Given the state of national legislation, there is a need for a theoretical understanding of the concept of «ordering legislation» as a type of normative activity aimed at improving the form of legislation without changing the content of legal regulation of public relations. Practical implementation of ordering legislation in the normative process presupposes, first of all, the existence of a corresponding legal policy of the state, that is, the development and adoption by the public authorities of a political decision to recognize the ordering of national legislation as one of the priority tasks at the present stage of development of the legal system of Ukraine. One of the tasks, which should be addressed by the legal policy of the state, and which should be enshrined in a mandatory official doctrinal legal document on legal policy is to ensure the state of order of legislation. This will create the necessary legal conditions for effective normative activities to ordering legislation, will be the legal basis for improving the organizational and procedural support of normative activities of public authorities. Key words: national legislation, legal policy, normative activity, legislative process, ordering legislation.

«ЧРЕЗВЫЧАЙНОЕ» ПРАВОВОЕ РЕГУЛИРОВАНИЕ КАК НОВАЯ МОДЕЛЬ УПРАВЛЕНИЯ ОБЩЕСТВЕННЫМИ ОТНОШЕНИЯМИ

Legal regulation of public relations has undergone major changes over the past two decades. In the last few years, the trend towards its transformation – «reflexive modernization» – has not only been preserved, but has intensified many times over, making it possible to raise the question of the purposeful formation of a model of emergency management of society. Uncertainty, risk (both real and possible), danger, anxiety and fear as a normal state form the basis of the need for special (exceptional or extraordinary) legal regulation on an ongoing basis, gradually changing society from its psychology to the specific actions of each person. Giving legitimacy to the ongoing processes, the law itself changes in accordance with them, more and more straying to the level of emergency, the reflexive nature of which today is beyond doubt. A state of temporal uncertainty is considered as an indispensable condition for development of a new model of the state management on which literally everything depends. Public relations are exposed to broad correction which is easily carried out under some kind of extraordinary, exceptional, urgent, not requiring additional justi-fications.As a result, what for some time seemed to be the subject of works of the fantastic genre is now becoming an everyday reality, allowing us to talk about a new paradigm of legal regulation

Overview of changes in Russian legislation in the field of construction and real estate management in the first half of 2021

The review presents changes in Russian legislation in the field of construction, real estate management, and housing and communal complex management.
 The overview reflects the normative legal regulation of public relations in the establishment and legal status of a single customer in the field of construction, the authority of local governments on attracting the management of the organization, creating a universal mechanism for integrated development of territories, the establishment of procedures to ensure housing rights of citizens in the implementation of the integrated development of residential areas, etc.

Personality information culture: essence and content

The article deals with the study of the essence and features of the information culture of an individual and clarification of its role in the field of legal regulation of public relations in the state. The methodology of research of the phenomenon of personal information culture is based on provisions of the general scientific dialectical method of scientific knowledge. Besides, formal legal and formal logical methods were applied for full and thorough coverage of the topic of this article. It is substantiated that the development of such a culture in the modern period is mainly influenced by internal factors (including observance of the principle of legality, the rule of law, and protection of human rights), and external threats to human and civil security within the state. It is proved that information culture in the narrow sense can be interpreted as the best ways to exchange data, information and present them to interested
 © Уханова Н.С., 2021
 consumers to solve theoretical and practical problems, as well as mechanisms to improve the learning system, prepare people for effective use of information. The main elements of information culture include the following: a) communicative (communication culture); b) lexical (culture of preparing and issuing business documentation, language culture); c) intellectual (culture of research and mental activity); d) information and legal; worldview and moral. All these elements of the personal information culture are interconnected and interdependent. It is concluded that the topic of personal data protection, which has reached a new level, has become especially relevant at the present stage of development of the information society. It is argued that a promising mechanism for personal data protection in the information sphere will be the use of Blockchain technologies, which will ensure reliable synchronization and security of data, prevent them from changing as a result of external interference. It is proposed to interpret the information culture of an individual as a reflection of a set of material and intellectual values of man, which allow to effectively apply various methods of working with information, including being a participant in information relations. A promising study in the field of information culture of an individual will be the development of the structure of this category and its relationship with other legal categories of information law. A particularly important issue that will require legal regulation will be the field and technology of using artificial intelligence as a phenomenon that will not only help to make a quantum leap in medicine, science, education, but also carries great security risks.

ЕКОНОМІЧНА ЕФЕКТИВНІСТЬ ПРАВОВИХ НОРМ ТА ЇЇ ОЦІНКА ЧЕРЕЗ ПРИЗМУ ПРИНЦИПУ ВЕРХОВЕНСТВА ПРАВА (НА ПРИКЛАДІ ПОДАТКОВОГО ЗАКОНОДАВСТВА)

Відзначено, що важливою якістю правового регулювання має виступати ефективність обраних державою методу і засобу сприяння досягненню запланованого соціально-економічного результату. Попри те що на законодавчому рівні вияв дістали окремі засади нормопроєктної роботи (зокрема, на прикладі законодавства у сфері регуляторної політики), триває практика ухвалення нормативно-правових актів, ефективність яких залишається сумнівною. Однією з причин такого стану правового регулювання суспільних відносин можна назвати неналежне врахування, а часом свідоме ігнорування теоретико-прикладних конструкцій, що були обґрунтовані в межах правової та економічної науки. У підсумку це призводить до утвердження в певній сфері суспільних відносин несправедливого порядку, що ставить під загрозу подальший сталий розвиток держави.З огляду на це, увагу сконцентровано на дефектах втілення правових принципів, передусім принципу верховенства права, у сферу правового регулювання економічних відносин, що спричиняє виникнення уявної ефективності відповідних правових актів. Доведено, що про ефективність правового регулювання суспільних відносин свідчитиме не тільки показник досягнення правовою нормою очікуваного результату за рахунок мінімально необхідних витрат ресурсів суб’єктів господарювання, громадян і держави (тобто економічний критерій), але й ступінь відповідності такої правової норми принципу верховенства права, що дозволить говорити про сприяння утвердженню правовим актом ідеології справедливості. На основі аналізу окремих прикладів із законотворчої практики у сфері оподаткування встановлено, що прийняття нормативно-правових актів усупереч принципу верховенства права призвело до спрямування податкової політики на досягнення соціально-економічних результатів, які суперечать принципам податкової політики як виду економічної політики і засадам соціальної політики держави у частині перерозподілу доходів, викладеним у документах стратегічного характеру.

On the Legal Regulation of the Fuel and Energy Complex Functioning in Extreme Conditions: General Approaches (on the Example of the Coronavirus Pandemic

The author reviews the issues of legal regulation of public relations in the Fuel and Energy Complex of the Russian Federation during the extreme period of the coronavirus pandemic. The author concluded that neither Russia nor any other foreign country had been ready to face the pandemic, both in terms of an action plan arrangement or legislative and regulatory control. Which, among other things, has had a negative impact on the performance of the Fuel and Energy Complex companies. For a radical solution of the issue, the article suggests and substantiates three options with due account for the fact that it is impossible to rule out potential next waves of the 2020 coronavirus pandemic or other global natural or anthropogenic catastrophes. The study was funded by the Russian Foundation for Basic Research within the frameworks of research project No. 20-011-00270.

О правовом обеспечении деятельности ТЭК в экстремальных условиях: общие подходы (на примере коронавирусной пандемии)

The author reviews the issues of legal regulation of public relations in the Fuel and Energy Complex of the Russian Federation during the extreme period of the coronavirus pandemic. The author concluded that neither Russia nor any other foreign country had been ready to face the pandemic, both in terms of an action plan arrangement or legislative and regulatory control. Which, among other things, has had a negative impact on the performance of the Fuel and Energy Complex companies. For a radical solution of the issue, the article suggests and substantiates three options with due account for the fact that it is impossible to rule out potential next waves of the 2020 coronavirus pandemic or other global natural or anthropogenic catastrophes. The study was funded by the Russian Foundation for Basic Research within the frameworks of research project No. 20-011-00270.

Legal regulation of lawyers’ activities according to Justinian’s Digests

The article examines the normative regulation of the lawyers’ activities in accordance with the Digests as part of the Codifi cation carried out during the reign and under the leadership of Emperor Justinian the Great. This study is the continuing research on legal regulation activities of lawyers in accordance with the norms of the Code as the main legislative part of the Codifi cation, taking into account that that the legal regulation of public relations by norms of Digests was subsidiary to the regulation of their norms of the Code, but, nevertheless, the norms of Digests had an independent legal signifi cance. It outlines the main aspects, the regulation of which is contained in the Digests — the grounds and measures of disciplinary responsibility of lawyers, misdemeanors for which lawyers were subject to responsibility, grounds for appointing lawyers at the initiative of the court, issues of fee practice — and the norms regulating these aspects. All these issues are discussed in details in the context of the relationship between the advocacy and administrative justice system of the Roman Empire that had a signifi cant importance, since the bar, without having an independent corporate organization, was subordinate to the offi cials, governed administrative-territorial units Empires of various levels. At the same time, the importance of the rules under consideration is emphasized, which represent the opinions of lawyers that have received the force of law and provide an opportunity for conducting a comparative legal study of the problems of the advocacy.

Features of legal regulation of public relations in the context of a pandemic: theoretical and legal aspect

Features of legal regulation of public relations in the context of a pandemic: theoretical and legal aspect

REALIZATION OF HUMAN RIGHTS DURING THE PANDEMIC OF COVID-19

The aim: The purpose of the article is to analyse the state of compliance with human rights during the introduction measures by different countries to combat the rapid spread of the pandemic of Covid-19. Materials and methods: This research based on Kazakh, Hungarian, Ukrainian, Georgian, UK, Azerbaijan, German, French, Indian, Chinese, South African, Brazilian scientific publications. Additionally, were used statistics, expert opinions, doctrinal ideas and reviews. Besides, in the research process to achieve the goal, a complex of general scientific and special methods of cognition was used, in particular, the comparative legal method, the system and structural method, the method of generalization, the method of analysis and synthesis. Conclusions: Response measures taken by countries during the Covid-19 period, which cause changes in the legal regulation of public relations, their validity and focus on achieving the goal of protection, must be based on democratic principles, human rights restrictions must be appropriate to the threat and must be justified the limits of intervention.

Legal regulation of medical technology exports: Russian and world experience

The purpose of the study is a comparative analysis of the experience of public law regulation of the export of medical technologies in the Russian Federation in relation to foreign legislation. The objectives of the study are: the concept of legal regulation of the export of medical technologies in the national export system, as well as the practice of legal regulation of public relations related to the export of medical technologies and their differentiation with medical services and other forms of transfer of medical care. The experience of the COVID-19 coronavirus infection pandemic and other emergency situations of a sanitary and epidemiological nature suggests the possibility of forming the export potential of medical technologies in Russia. The russian legislation on foreign economic activity concerns medical goods, services in the field of public health protection, but does not сoncern technologies in the field of medicine. The export of technologies of this kind comes into contact with various ethical, religious foundations of specific states[1]importers of medical technologies and requires a differentiated approach to the legal regulation of exports. These and other initial problems make it necessary to determine the conceptual framework of the export of medical technologies and the place of this phenomenon in the system of social relations regulated by the norms of law. The goals and objectives of the work determined the research methodology, which is based on comparative legal methods of legal comparative studies. The fundamental result of this work is the idea that the export of medical technologies is limited by the difference in the legislation on the protection of intellectual property in Russia and foreign countries. In this regard, it is necessary to proceed from the priority of the legislation of the country where such technology is exported subject to possible international and national restrictions.

СТАНОВЛЕННЯ УКРАЇНИ ЯК ЦИФРОВОЇ ДЕРЖАВИ ТА УДОСКОНАЛЕННЯ СИСТЕМИ ДЕРЖАВНИХ ЕЛЕКТРОННИХ ІНФОРМАЦІЙНИХ РЕСУРСІВ

The meaning of the concept of "digital state" is investigated. Indicators of formation of the system of public relations characteristic of the digital state in Ukraine are determined. The main directions of state policy formation due to the implementation of the needs of the information society, digital production and e-government in Ukraine are highlighted. The current state of legal regulation of the processes of formation of digital infrastructure of Ukraine and prospects for its improvement in accordance with international norms are determined. It is proved that the main purpose of state electronic information resources is to meet the information needs of public administration bodies. The general principles of legal regulation of formation, operation, modernization, liquidation of state electronic information resources are determined. The main range of state electronic information resources and public administration bodies that are their holders and users has been clarified. The aim of the article is to analyze the specifics of legal regulation of public relations in the field of electronic information resources in terms of the formation of the digital state in Ukraine. Realization of the set purpose provides the decision of a number of tasks: 1) disclosure of essence of concept "digital state"; 2) illustration of its manifestations in Ukraine; 3) research of state electronic information resources as an object of public relations. Scientific novelty. The article considers such elements of the digital state in Ukraine as: e-government, e-justice, e-health system, e-commerce, digital jobs, state e-information resources and more. In conclusion, the article emphasizes that the lack of full-fledged electronic interaction between state information resources and related problems of e-government; problems of legal regulation of functioning and use of state electronic information resources by public administration bodies; the terminological inconsistency of various normative legal acts that determine the order of functioning and use of state electronic information resources has been proved. The necessity of development and normative consolidation of general principles and principles of organization, functioning, use, storage of state electronic information resources is substantiated.

Специальные нормы в российском праве: понятие, признаки, формы выражения

The article deals with special norms in Russian legislation. It is emphasized that special rules have an important impact on the legal regulation of public relations. The features and forms of expression of special norms are analyzed in detail. Attention is focused on the inevitable manifestation of special rules in various forms of law.

Правовые проблемы соблюдения режимов информации медицинскими работниками в социальных сетях

In the context of the digitalization of society, social networks often become an integral part of the professional activity of a doctor. Publications of photo and video materials reflecting the various stages of providing medical care to patients on the personal pages of social networks of practicing doctors are available for viewing by an indefinite circle of people. The virtual space acts as a platform that determines the competence, professionalism of the doctor, the quality of the medical care provided by him. At the same time, when promoting medical services to the population through social networks, the personal pages of doctors in «Instagram» and «VKontakte» show illustrative examples of medical practice: photos of patients' faces and body parts before receiving medical services (operations, cosmetic procedures, treatment of skin diseases, diet therapy), followed by the presentation of exceptionally successful results. At the same time, photos are often shown without means of correcting biometric personal data of patients, which reduce the risk of their identification on the Internet (applying a black stripe on the face or body parts, "blurring" identification zones). Such publications may contain inappropriate information for the perception of children of certain age groups. Formal legal, logical, statistical, and systematic research methods were used. Based on the survey of doctors who conduct social networks for work purposes, the level of their legal literacy and legal problems of maintaining professional social accounts are determined. Based on the analysis of the sources of legal regulation of medical activity, the obligation to comply with the information regimes of medical workers in social networks, the authors attempt to form a legal regulation of the conduct of social networks by medical workers in Russia. A complex, multi-level system of legal regulation of public relations to ensure the availability of information by medical professionals in social networks is revealed. A number of organizational measures are proposed to improve the level of legal literacy of practitioners, and practical recommendations are given on the proper use of photo and video materials of patients in social networks to avoid disputes between participants in these relationships

Implementation of the environmental legal mechanism of nature protection for regulating recreational activities in a particular territory

Recreational activities are associated with significant loads on all territorial components and are regulated by relevant environmental legislation that often causes conflicts of interest. The Lake Baikal area due to its uniqueness has own (additional to the generally accepted) system of environmental legislation that greatly exacerbates conflicts of interests: it helps to preserve nature but making the conduct of any economic activity almost impossible. For the legal regulation of public relations regarding nature preserving and recreational activities, the environmental legal mechanism is applied. The results of applying this mechanism on Lake Baikal area is considered through the combination of the residents’ interests in a healthy environment and ensuring their material needs. Using the tool of legal environmental zoning, the framework of Lake Baikal protection has been visualized, which helps to “see” intersections of all regulations on the area and determines the priority right of land-use. The comparison of legal environmental zoning categories with maps of current land-use lets to determine contradictions in real and permitted land-use, which allows finding the best option for using different parts of the Lake Baikal area. In the end, the calculation of recreational load standards for tourism activities in the central ecological zone of the Baikal natural territory was carried out.

On the issue of legal regulation of public relations in the context of the spread of a new coronavirus infection (COVID-19) in the Russian Federation

On the issue of legal regulation of public relations in the context of the spread of a new coronavirus infection (COVID-19) in the Russian Federation

Гражданско-правовое регулирование оборота биологических материалов и генетических данных

The aim of the study is to determine the features of civil regulation of biological materials and genetic data under the legislation of the Russian Federation. To achieve this aim, regulatory legal acts of the Russian Federation and foreign countries, as well as scientific literature, were studied. The methodological basis of the study was general and specific scientific research methods. The formal legal and comparative legal methods were widely used to determine the turnover of biomaterials and associated genetic information, as well as the features of their legal regime. As a result of the study, it has been established that, from the standpoint of Russian civil legislation, biomaterials are free objects of civil law in circulation (with the exception of biomaterials used in the field of transplantation and for the purposes established by the Federal Law “On Biomedical Cell Products”). It has been inferred that this approach does not take into account the essential feature of biomaterials: they are sources (means of transmission) of genetic information of a personal nature. For this reason, they should be subject to legal regimes of privacy and personal data secrecy, and their use should be subject to the prior informed consent of their donors. The proposed legal regulation of public relations arising from biomaterials will not only allow restricting their circulation, but also protect the rights and legitimate interests of their donors. Genetic information extracted from biomaterials is proposed to be conditionally subdivided into two types: genetic information and genetic data. The legal significance of this classification lies in the fact that it will take into account the peculiarities of the legal regime of each of the selected type of genetic information, including their turnover capacity. Genetic information, since it contains personal information, should be subject to legal regimes of privacy and personal data. In this connection, any use of such information should be carried out only with the prior information consent of their donor. Due to its impersonal nature, genetic data do not fall under the legal regime of privacy and are not considered personal. Genetic data, by virtue of their intangible nature, are, like the results of intellectual activity and marketing designations, objects of civil law withdrawn from circulation; however, absolute property rights to them are transferable.

Legal aspects of the brand protection in Ukraine and world

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.