Prospects Of Legal Regulation Research Articles

Artificial intelligence in the field of work: problems and prospects of legal regulation

The article examines the impact of digital transformation on the development of legal regulation of labor relations. The author analyzes current novelties of legal regulation of labor relations through the prism of the development of digital technologies. The opinions of leading scientists in the field of labor and other fields of law are given regarding the impact of digitalization on the development of labor relations, and law enforcement practice is analyzed. The potential areas of application of artificial intelligence are considered, as well as the possibilities of automating many production processes with the help of artificial intelligence, which is expected to lead to an increase in product quality and production speed. These issues become especially relevant in the period of growing needs of the state's import substitution policy. The article analyzes the experience of the use of artificial intelligence by European countries, therefore a comparative analysis of the current legislation on the use of artificial intelligence in Ukraine and foreign countries is carried out. Several possible levels of involvement of AI in the field of work are distinguished: work facilitation; labor automation; employee empowerment; full replacement of the employee. At the same time, recruiters note the effectiveness of individual use of ChatGPT in their work, in particular: creation of attractive job descriptions; market research: competitors, salaries, demand, etc.; preparation of interview questions; communication with candidates: correspondence, working with objections, sensitive feedback; search for candidates: advice on resources, creation of Boolean queries (search for web pages using special operators), selection of keywords; resume analysis: keyword recognition to assess the candidate's skills; presentation of the candidate to the hiring manager. The reasons for the «fear of acceptance» of artificial intelligence by modern society are highlighted. The importance of further theoretical studies of this issue, which will contribute to the effective protection and protection of the rights and freedoms of citizens, is emphasized. It was concluded that before the widespread introduction of artificial intelligence, it is worth conducting a study at the state level on unemployment and the socio-economic consequences of the use of artificial intelligence in the field of work, thereby reducing millions of jobs across the country. Will the implementation of AI cost a stable social situation in the country? Labor relations are not only inextricably linked with the individual, but also with the employee's ability to provide for his family members. In the case of replacing workers with robots controlled by artificial intelligence, unemployment can reach huge proportions, due to which crime in the country will inevitably increase, as a person will be in the stage of finding satisfaction of his natural needs for food and shelter. Therefore, it is important that the state has a clear position on the formation of legal, economic and social strategies to solve problems related to «technological unemployment». So now it is necessary to create a list of professions and positions that cannot be replaced by artificial intelligence, to define clear rules (order) of interaction between robots and people, in particular in the case of freelance situations, and in some enterprises, it is possible to set quotas for places occupied by people.

Organization of Budgetary Activities in the Federal Territories: Problems and Prospects of Legal Regulation

Organization of Budgetary Activities in the Federal Territories: Problems and Prospects of Legal Regulation

Ecocide in National and International Criminal Law: current challenges and prospects for legal regulation

The article examines the current challenges and prospects of legal regulation of ecocide in national and international criminal law. The author analyzes the problems of prosecution for ecocide in national criminal law and the prospects for such liability in international criminal law. The authors emphasize that the armed aggression of the terrorist state of the Russian Federation against Ukraine has had a devastating impact on the environment, which will take decades to restore. Russian attacks on Ukrainian oil depots, strikes on the territory of the Kharkiv Institute of Physics and Technology with its nuclear facility, the death of several million chickens at the Chornobaiv poultry farm, and the mass death of dolphins in the Black Sea are qualified as ecocide. The destruction of the Kakhovka hydroelectric power plant dam is qualified as ecocide and a violation of the laws and customs of war. The evolution, concept, and composition of ecocide are analyzed.
 Having found its legislative consolidation in the national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide has not been enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. The authors of the article emphasize the need to include the crime of ecocide in the Rome Statute, since serious damage to the environment during armed conflicts is still to some extent covered by the provisions of the Rome Statute, but such damage caused in peacetime falls outside the jurisdiction of the International Criminal Court.
 The authors of the article note that it is important not only to punish the racists for all crimes of ecocide committed in Ukraine since 2014, but also to force the aggressor state to compensate for all environmental damage caused. When creating a compensation mechanism, we must take into account the international practice of compensation for environmental damage caused by military actions, in particular the practice of the International Court of Justice and the historical experience of creating special compensation bodies (in particular, the experience of the United Nations Compensation Commission (UNCC), 1991-2022). The future compensation mechanism should be based on the «ecosystem services approach», which will significantly increase the amount of reparations to be paid by the Russian Federation to Ukraine. To ensure legal regulation of the concept of ecosystem services, it is necessary to develop and adopt the Law of Ukraine «On Ecosystem Services» and regulations aimed at its implementation (primarily, methods of inventory and assessment of ecosystem services).

Legal status of non-fungible tokens (NFT): current state and prospects of legal regulation

The subject. The paper considers the legal status of non-fungible tokens – a technology that allows to secure and confirm the possession of a certificate that refers to a specific digital object, based on a distributed ledger (blockchain).The purposeof the article is to research the current state of the legal status of NFTs in the Russian Federation, as well as to determine the applicability of the current Russian legislation to NFTs.The research methodologyis based on the application of methods of systemic and structural analysis, formal logic, as well as methods of legal forecasting and interpretation of legal norms.The results.There is a lack of comprehensive studies on this issue in legal science. The value of NFT is substantiated through the categories of "rivalrousness" and "scarcity". The process of creating NFT - "mint", that is, the tokenization of a digital object, is described. The legal status of NFT is investigated, as a result of which it is concluded that the token is not equivalent to a digital object, but rather acts as a custodian of information about this object.Taking into account, firstly, the independent nature of the NFT, which is not only a digital copy of the original work, secondly, the vast scope of utilitarian application and, thirdly, its independent commercial value, it is indicated that in the perspective of the development of legislation and judicial practice, NFT should be regarded as an independent digital asset, the rights to which are subject to legal protection.Conclusions.At present, Russian legislation does not contain a legal structure suitable for NFTs. The problems of using NFT are highlighted, including the "tokenization" of other people's works, interference in the operation of trading platforms using technical vulnerabilities, as well as fraud. Since NFT can confirm not only the right of ownership, but also represent any subjective right, it is assumed that this technology can be used to maintain decentralized blockchain registries of real estate, shares, members of the society, vote in elections, as well as to verify identity, while simultaneously ensuring the protection of personal data.

Insurance of the agro-industrial complex: prospects of legal regulation

The agro-industrial complex is an extensive and comprehensive sector that needs legal regulation for efficiency and legal protection. One of the labor-intensive and complex branches of the agricultural sector in the economy is agriculture. The complexity of economic development through the agricultural sector lies in the instability of climatic conditions in different rural areas of the Russian Federation. Two directions of development of the agro-industrial complex are considered. A new strategy for the development of the agro-industrial complex until 2030 is analyzed. Very careful attention is paid to the goals and directions of this strategy. There are certain strategic risks in the agro-industrial sector. Fluctuations in the economic situation and the application of sanctions by foreign countries create a negative environment for Russia in international trade. Due to the instability of economic and political factors, it can be said that the agro-industrial sector is a risky industry. Therefore, the way out of this situation is insurance of agro-industrial risks. Insurance refers to the protection of property that has suffered damage or loss in certain insurance cases, with the help of insurance funds. In the future, in the author's opinion, the development of insurance in agriculture should be carried out in the following directions: improvement of legislation, namely the adoption of a regulatory act regulating the specifics of insurance in the agricultural sector, taking into account the changed economic conditions.

Peculiarities of customs brokers’ activities under the legal regime of martial law: current status and prospects of legal regulation

Peculiarities of customs brokers’ activities under the legal regime of martial law: current status and prospects of legal regulation

NFT to protect Digital Art

Emergence of non-fungible tokens (NFTs) has led to considerable changes in the creative industries markets associated with the emergence of fundamentally new opportunities for the transfer and protection of intellectual property rights. The explosive growth of the NFT market has led to close attention of both regulators and market participants to the problems of legal regulation of the turnover of these digital assets. The lack of a legal definition gives rise to problems related to the delimitation of NFTs from other digital assets named in the legislation. This article examines the legal nature of NFTs, distinguishes them from securities, digital rights, digital financial assets, digital currencies and utilitarian digital rights. The author analyses the draft law on NFT and draws conclusions about the prospects for legal regulation with special emphasis on the legal problems of acquiring NFTs. Based on the study, the author concludes that it is possible to classify NFT as "other property" and that it is necessary to develop a special legal regime.

Lobbying and Advocacy: International Standards, Foreign Experience and Prospects of Legal Regulation in Ukraine

Lobbying and Advocacy: International Standards, Foreign Experience and Prospects of Legal Regulation in Ukraine

Retraction Note to: Prospects of legal regulation in the field of electronic waste management in the context of a circular economy

Retraction Note to: Prospects of legal regulation in the field of electronic waste management in the context of a circular economy

Quantum Communications: Prospects for Legal Regulation

The article examined the problems of legal regulation of one of the directions of quantum technologies — quantum communications. On the basis of the study, the authors made proposals to include the development and legal provision of quantum communications in the information security strategy of the Russian Federation; on the development and legal consolidation of the principles of legal regulation of quantum communications; the creation of the Federal Agency for the Development of Quantum Communications and the Determination of its Legal Status; The establishment in Russian legislation of a general mandatory requirement, in accordance with which for the production of quantum communications for the needs of the State administration should be used exclusively financial equipment and components; the introduction of mandatory certification and standardization of quantum communications technologies; Establishing special rules for public procurement of software and hardware for quantum communications. In addition, the question is raised about the adoption at the supranational level of the relevant international Convention, which establishes the basic principles of interaction between the state, business and science in the development and implementation of quantum technologies.

The Rights and Wrongs of No‐Platforming

AbstractThis article offers an account of no‐platforming, an investigation of the different considerations that determine why no‐platforming is wrong when it is, and how it might be justified. It suggests that no‐platforming can be wrong because it violates a person's right to a platform, or because it involves unjustified public denunciation. It then explores when no‐platforming is justified by exploring when a person might lose a right to a platform, and when public denunciation is justified. It concludes with a critical assessment of both no‐platforming culture and the prospects for legal regulation.

Article 135 of the Criminal Code of the Russian Federation “Depraved Acts”: Problems and Prospects of Legal Regulation

Article 135 of the Criminal Code of the Russian Federation “Depraved Acts”: Problems and Prospects of Legal Regulation

ПИТАННЯ ДИСКРИМІНАЦІЇ В КРИМІНАЛЬНОМУ ПРАВІ

A national and international normatively-legal base and practice of application of antidiscriminatory positions in a criminal law and most problematic questions of counteraction to criminal offences perfect from reasons of intolerance are analysed in the article, in particular, legislative «novels» are estimated in relation to criminal responsibility for an antisemitism. Through the prism of approaches in relation to counteraction to discrimination, mine-out international judicial bodies, the national prospects of legal regulation are analysed in the field of given taking into account the prolonged negative influence of crimes perfect on soil of hatred, on social fabric. The author investigate the specific lines of separate types of discrimination, force of intersectional discrimination, its effect and sinergistical influence on the destructive consequences of discrimination and complications in counteraction to it and overcoming of its negative results. Among the important instruments of counteraction to discrimination the author notices on meaningfulness of the proper monitoring of such offences through the improvement of the systems of processing of statistical data taking into account the wide circle of factors of discrimination. Appears a no less actual instrument and the proper co-ordination and cooperation of the system of law enforcement authorities with society in part of creation of effective models of reacting on the crimes of hatred.

Prospects of legal regulation of contractual relations in the sphere of lobbying management as a counteraction to corruption at the municipal level

The objective of the article is a comprehensive analysis of the problem of interpretation of contractual relations and their management into the legal field of the national legislation to achieve the significant reduction of corruption at the municipal level on the territory of our country. To achieve this objective, a set of philosophical-worldview, general scientific (analysis, synthesis) and special-scientific methods (systemic, structural-functional, comparative-legal) have been used. It is proved that lobbying is a subjective factor that affects the process of municipal legal regulation. Emphasis is placed on the expediency of introducing the contractual form of regulation of relations on lobbying management decisions at the municipal level. The contract on lobbying at the municipal level is defined as a multilateral agreement between the customer, lobbyist and the body of local government, which has a public-law character, establishes contractual rules of law on lobbying to influence the process of adopting normative municipal-legal acts. It is concluded that it is extremely important to organize and regulate lobbying in any country in the world, because if this phenomenon cannot be completely eradicated, it must be regulated from the legal point of view, which, in the end, will significantly reduce the level of corruption in the society.

Digital technologies: the state and prospects of legal regulation in the Russian Federation and the Republic of Moldova (International round table overview)

The overview contains the theses of the presentations of the participants of the international round table „Digital Technologies: the state and prospects of legal regulation in the Russian Federation and the Republic of Moldova”, held on April 12, 2021 by parners from the Republic of Moldova as the International Union of Lawyers, University of European Political and Economic studies „Constantin Stere”, the Union of Lawyers of the Republic of Moldova and the Interdisciplinary Center for Legal Research in the field of Labor Law and Social Security Law of the Institute of State and Law of the Russian Academy of Sciences. The discussion was attended by employees of the interdisciplinary Center, representatives of different areas of science in Russia and Moldova (lawyers, sociologists, historians, philosophers, psychologists) and different branches of law such as theory and history of state and law, philosophy of law, constitutional law, labor law and social security law, civil law and civil procedure, family law, etc. The participants of the round table focused on the conditions, prerequisites and prospects for the legal regulation of digital technologies in the context of changing the economic model of society. The problems discussed are usually at the intersection of different branches of law, economics, psychology and sociology, and are intersectoral and interdisciplinary in nature. Only an integraled approach to their solution allows us to achieve real practical results in optimizing the regulation of the respective relations.

Remote Work and Platform Work: The Prospects for Legal Regulation in Russia

The restrictions imposed to limit the spread of the coronavirus have intensified public debate about the proper legal format for two kinds of labour - working remotely and working via online platforms. The burden on workers in these two kinds of jobs has increased dramatically during quarantine, as many defects in the legislation and in enforcement practices for remote work and employment through online platforms have come to light. The State Duma is at present considering several legislative initiatives pertaining to remote work. This article analyses those initiatives and the outlook for modifying Chapter 49.1 of the Labour Code, specifically by clearly classifying types of remote work and simplifying electronic interaction between workers and employers, by entitling workers to time when they are not in continuous contact with their employers, by restricting dismissal of remote workers, and through other promising provisions. Certain other important gaps in the law, which will remain even after adoption of these new regulations for remote work, are also identified. The article analyses the feasibility of extending labour law to the rapidly growing sector of employment through online platforms. The proposal is that an explicit norm be included in the Labour Code to the effect that working via online applications through which the platform sets requirements for how the job is to be performed must be considered equivalent to working under an employment contract. In addition, the article concludes that it is necessary to adopt standards concerning the overall liability of a company - the owner of the online platform together with any intermediary companies through which agreements are concluded with online workers. Any more durable and fundamental solution for this new form of employment must include review of all the paradigms of employment and its subjects.

Remote working: current state and prospects of legal regulation

Remote working: current state and prospects of legal regulation

On the right to be forgotten as an element of the constitutional right to privacy: through the prism of foreign experience to the prospects of legal regulation in the Republic of Belarus

On the right to be forgotten as an element of the constitutional right to privacy: through the prism of foreign experience to the prospects of legal regulation in the Republic of Belarus

Prospects of legal regulation and use of the digital rouble

This article considers the problems associated with the prospects of central banks issuing and circulating digital currency, in particular the digital rouble. The study found that at present there is virtually no need to issue such a currency as an alternative to cryptocurrency (virtual currency), because cryptocurrency has largely lost its properties as a means of payment with the acquisition of the qualities of an investment instrument. The advantages of a cryptocurrency over non-cash money, which is familiar and also has excellent qualities as a settlement tool, are also not obvious. The positioning of offline payments as a benefit of the digital rouble is questionable given the prospects of full Internet coverage in Russia and the significant technological and legal complexities involved in the organization and control of such payments. Building trust in the new form of the national currency, without which it will not be in demand, will require building a mechanism for legal protection of consumers' rights. There is also a need for a mechanism to address the risks associated with laundering proceeds of crime, financing terrorism and proliferation of weapons of mass destruction. It is difficult to formalise such a mechanism in the absence of international legal regulation

Creating favorable conditions for the development of tourism in the Kamchatka territory: the state and prospects of legal regulation (part 1)

Creating favorable conditions for the development of tourism in the Kamchatka territory: the state and prospects of legal regulation (part 1)