Protection In Russia Research Articles

Retrospective analysis of the problem of training information security specialists

It is advisable to analyze scientific research in any field in retrospect of the issue under consideration, to correlate modern problems with its historical prerequisites and on the basis of this to trace possible trends in its development. Retrospective analysis is one of the main scientific methods for conducting historiographical analysis. The article examines the chronology of events in the field of training specialists in information protection, which allowed us to identify six stages of the formation and development of this problem in pedagogical science and practice, to determine the features and main directions of training future specialists in the field of information protection in Russia and abroad, identifying correspondences in the development of the national information protection system and the content of modern training of specialists. Based on the conducted retrospective analysis, it was revealed that the change in the requirements for ensuring information security is due to the level of development of information technologies, and the stages of training specialists are related to the real situation of their demand in the process of ensuring information security.

Патентоспособность бизнес-методов: невозможное возможно

The article deals with the issue of business methods patentability. Rapid development of information technology stimulates the creation of new business models based on the use of artificial intelligence and modern technological advances in data processing and transmission. The author concludes that there are conditions for business-methods patent protection in Russia by analysing the examples of Russian and Japanese patent and judicial practices, as well as by way of systematic law interpretation. She offers the definition of the notion of business-method for the purposes of patent protection seeking and reveals the factors influencing the acknowledgement of subject patentability.

КОМПЛЕКСНАЯ ИНФОЛОГИЧЕСКАЯ МОДЕЛЬ ОБЪЕКТОВ ЗАЩИТЫ КОНФИДЕНЦИАЛЬНОЙ ИНФОРМАЦИИ

The problem of harmonization of approaches to the definition of information security objects is becoming increasingly relevant due to the growth of information arrays, the complexity of information technologies, technical and cryptographic means of information protection, and the increasing number of computer attacks, including on critical information infrastructure. Historically, the concept of objects of protection in Russia is associated with the requirements of state regulators, so it has different interpretations. The purpose of the study is to develop an infological model of information security objects. The goal of infological modeling may be to provide the most natural ways for a person to collect and present information about objects of protection for its consideration when creating protection systems and storing in a database. The author based on the analysis of the requirements of the main regulators of the Federal service according to the technical and export control of Russia and the Federal security service of Russia and the modeling method, an infological model of information security objects has been developed. This model is most consistent with the concept of object-oriented design, which is the basis for the development of complex software systems, the development of technology for designing databases of information security objects based on the ER-model. The entity-relationship model (ER-model) has several basic concepts, from which more complex objects are built according to predefined rules.

Financial assessment of the implementation of state policy measures in the field of environmental protection: macroeconomic aspect

In the current article, financial aspects of the state environmental policy in Russia at the present stage are observed. The authors study the scale of financial resources allocated for environmental protection at the macroeconomic level in the context of ensuring environmental safety. The review of periodical press materials allowed us to highlight the most pressing issues of eco-investment. When processing statistical data to conduct an analysis of the costs of implementing environmental measures and assessing dissipation of funds in the main categories of expenses, the authors used dyna mic and structural methods of economic analysis with determination of absolute and relative difference. A comparative method was implied in comparing retrospective information to monitor annual budget allocations for the needs of ecology alongside with the table method combined with the graphical one. The assessment of expenditures for environmental protection in Russia for 2017–2021 showed an annual stable growth with an almost twofold increase in the whole five years. A structural analysis in the context of environmental protection activities allowed us to identify the dominant cost items as the most significant in the implementation of state environmental policy. A comparative analysis of the unit costs of environmental protection in percentage of gross domestic product through international comparisons indicates the underfunding of this area by Russian state authorities. The limited amount of finance to ensure rational use of natural resources requires implementing principal measures in accordance with the main priorities of state policy in the field along with application of the most effective ecological and economic tools.

Программы повышения профессиональных компетенций и поддержка деятельности специалистов сферы защиты детства в России

<p>The article was prepared based on the results of the round table "Specifics of the development of professional development programs for specialists in the field of child rights protection, guardianship and guardianship", held in November 2023. The review of the regional experience in the development and implementation of programs to improve the professional competencies of specialists in the field of child protection in Russia is presented. Options for the modernization of vocational education are described, including through the replication of the experience of resource centers, the introduction of adaptive, practice-oriented and flexible educational programs. The search for opportunities to improve the effectiveness of traditional and distance learning technologies in the context of digital transformation (using the example of data collection and processing) is shown. The forms and types of support for specialists in the field, including mentoring and supervision, are considered.</p>

РЕГУЛИРОВАНИЕ ОХРАНЫ ТРУДА ЗА РУБЕЖОМ: ПОДХОДЫ, МОДЕЛИ, ПРАКТИКА

The relevance of the work is due to the need to study new approaches to labor protection in many countries, increasing safety requirements driven by the dynamic development of technologies, and growing public attention to workers' health and safety issues. The object of the study is the systems of state regulation of labor protection in the USA, UK, Australia, China, South Korea, Japan, Kazakhstan, and developing economies of the African region. The goal of the paper is to identify and assess the features, models, mechanisms, and tools that ensure labor safety in these countries, as well as the basic principles of state management of labor protection that can be useful for regulating and developing the domestic labor protection system. The research methods include data analysis, synthesis, comparison, induction, and deduction. As a result, the norms of the current foreign legislation in the field of labor protection were analyzed and the main approaches to its state regulation within the framework of the law enforcement practice of these states were classified. Based on the results of the study, proposals were also formulated aimed at improving the regulation of labor protection in Russia.

Codification of legislation in the field of social security in the EAEU countries and Russia

There are two main models of legal regulation of social protection in Russia and the EAEU countries. In Russia, Armenia and Azerbaijan, social legislation is not codified. While in Kazakhstan and Turkmenistan, the social Code and the Code of protection of the population have been adopted and are functioning, respectively. It can be argued that there is a tendency aimed at systematization of social legislation. This makes it possible to solve most of the problems in the field of legal regulation of social protection, including in the field of activity of the employer’s personnel services. To optimize legal regulation, it is necessary to develop a Social Code, where, among other things, all types of social security will be systematized and the legal status of the employer in this area will be clearly defined.Employers can already build a personnel policy aimed at reducing social risks.

Population prevalence determined by environmental factors as additional burden on the public healthcare and a factor causing economic losses in regions

Introduction. Regions where both ecological and sanitary-hygienic situation is unfavorable tend to have growing incidence and more frequent applications for medical aid by population in Russia and worldwide as well. 
 The purpose of this study was to assess population incidence in different regions in the country associated with poor quality of the environment as a factor creating additional burden on public healthcare institutions in a given region and probable economic losses in it.
 Materials and methods. We applied data of state medical and sanitary-hygienic statistics over 2013–2021. Medical and demographic losses associated with exposure to harmful environmental factors were quantified using step-by-step regression analysis modified by enumeration of functions for independent variables. Economic losses were estimated for diseases and deaths among population involved in producing gross regional product. 
 Results. We were able to obtain more than one hundred authentic models that provided a quantitative association between population prevalence and violations of hygienic standards regulating quality of the environment. We established that between 2.9 and 5.8 million diseases associated with environmental factors were annually detected in the country over the last 10 years. Burden on regional healthcare systems grew in regions with obviously high levels of pollution in ambient air and drinking water; this gain grows up to 12.55%. In 2021, losses of gross regional products due to diseases and deaths caused by violations of hygienic standards regulating quality of the environment exceeded 170.6 billion rubles. 
 Limitations of the study. A set of factors included into modeling can be considered a certain limitation of the present study. 
 Conclusion. It seems quite relevant to coordinate efforts by different ministries and departments in the sphere of public health protection in Russia. It is also advisable to consider a peculiar sanitary-hygienic situation in a given region when calculating scopes of necessary funding for a regional healthcare system. Development of public-private partnerships seems another vital trend in health protection within efforts aimed at reducing impacts on the environment and implementing medical and prevention programs for population.

Problems of personal data protection in Russia and China: Comparative legal Analysis

The article analyzes the legislation on personal data of Russia and China, the judicial practice of the People’s Republic of China on the protection of personal information. It is demonstrated that the legislation of Russia and the People’s Republic of China enshrines the concept of personal data, contains the principles and mechanism of protection of personal data of citizens, provides for liability measures for violation of the rights of citizens in the illegal use of their personal data. The considered examples of judicial practice of the People’s Republic of China demonstrate the application of legislation on personal data, bringing violators to civil, criminal and administrative responsibility. The conclusion is formulated that the development of Internet technologies, artificial intelligence technologies, deep synthesis generates a lot of problems related to the illegal use of personal information about citizens, which requires constant improvement of legislation on personal data protection.

Генезис персональных данных: информационно-правовой аспект

Introduction. The paper reveals the historical aspect of the emergence and development of the legal protection of personal data in Russia. The prerequisites for the formation of a conscious need for such protection on a Russian basis are analyzed. The author expresses the idea of the origin of the legal protection of personal data in the depths of the right to privacy, since the latter was not only formed at the earlier stages of the historical development of society but also prepared the conditions and legal tools for the emergence of this institution in the future. Purpose. The origin of the legal institution of personal data protection in Russia is analyzed. Methods. The methodological framework for the research consists of the methods of system analysis, historico-legal, and comparative law. Results. The right to privacy in Russia is presented in the paper as divided into four historical stages. The first stage is associated with the wide expansion of writing in Russia, which necessitated the protection of information contained in postal correspondence. Also, at this stage, only a small number of personal rights were protected. At the second stage, as a result of Peter the Great’s reforms, fundamental changes took place in public life in Russia, which led to the further development of Russian legislation, including the right to privacy. The result of such changes, according to the author of the paper, should be recognized as the consolidation of a sufficiently large number of elements of the right to privacy in the Code of Laws of the Russian Empire. The next stage in the history of the establishment of the institution of personal data in this country is associated with Soviet law. It is characterized by the fact that Soviet law “did not remain aloof” from the rapid development of the world community’s interest in human rights and freedoms in the twentieth century. And finally, at the fourth (modern) stage, the concepts of “personal data” and “their legal protection” arise and exist as independent ones, forming a separate legal institution for the protection of personal data within the framework of private law. Conclusions. Analyzing the above-mentioned concepts and categories as a result of scientific, technical, and social progress, as well as society’s awareness of the need to protect the private sphere of human life, the author states that the legislator’s “attention” is increasingly shifting from state to private secrets, and even the mechanism of the legal provision of state secrets is becoming more and more similar to the mechanism of private law protection.

The impact of Austro-Hungarian plans for the construction of the Sandjak Railway on Bihor and the Novi Pazar Sandjak

The emergence of railways brought about new possibilities in people's lives, as well as in terms of political plans and actions. Railway activities began in the Balkans in the second half of the 19th century and had a significant impact on the relationships between Balkan states. This work explores the potential influence of Austro-Hungarian plans for the construction of the Sandjak Railway in the region of Bihor and the broader areas of Bijelo Polje and the Novi Pazar Sandjak, which were part of the Ottoman Empire. Austro-Hungary had expressed its ambitions in the Balkans even before the Berlin Congress, seeing the region as a bridge that could connect them to the warm Aegean Sea and further to the Middle East. The construction of the railway was one of the means by which Austro-Hungary sought to expand its influence in the Balkans. Such significant political intentions did not go unnoticed by the Ottoman Empire, which aimed to preserve its territorial integrity and possessions in that part of the Balkans. Slovene states and peoples traditionally sought protection in Russia, giving Russia an opportunity to express its own interest in exerting political influence in this part of Europe. Recognizing that Austro-Hungary was its main rival in the Balkans, Russia reached an agreement with them in 1897 to maintain the status quo. This agreement was further confirmed by the Treaty of Mürzsteg in 1903, which aimed to mutually neutralize or divide spheres of interest, with Bulgaria falling under Russian influence and Serbia under Austro-Hungarian. Austro-Hungary's primary goal was to prevent the creation of a large state in the region from the Danube to the Adriatic Sea, which would block its path eastward. As Serbia was located in that region, Austro-Hungarian propaganda was directed against it, despite traditionally good relations with the Obrenović dynasty. Austro-Hungary attempted to strengthen its political plans through the construction of a suitable railway network, which would facilitate easier and faster control of the desired territory. This led to the advocacy of the so-called “Novi Pazar Railway,” which would connect Uvac with Mitrovica. However, German Chancellor Bernhard von Bülow advised Austro-Hungarian Foreign Minister Count Agenor Romuald Gołuchowski to abandon this plan due to the unfavorable situation in Macedonia, where unrest was brewing. Austro-Hungarian diplomacy did not want to make a public and final decision on this proposal. All of the above had an impact on the population of all parts of the Novi Pazar Sandjak. The work examines how the construction of the railway would have stimulated economic development in the entire region by creating new trade routes and encouraging investment in economic sectors such as trade and agriculture. The paper also provides insights into potential changes in the demographic structure through the influx of populations from other parts of the Ottoman Empire and Austro-Hungary, which the railway would necessarily impose. Furthermore, it is essential to mention how the realization of the “Novi Pazar Railway” would have affected the ethnic and religious dynamics in the Bihor district and the broader area. The Ministry of Foreign Affairs of the Russian Empire intervened with Austrian Emperor Franz Joseph and Count Goluchowski on several occasions to abandon the plan to build the “Novi Pazar Railway,” as the Russian government maintained the same view it had expressed in 1900. Austro-Hungary eventually agreed, leaving only a political influence supported by the propaganda activities of secret services. This work serves as a foundation for further research and discussions on this topic.

Separate Issues of Implementation of Parallel Imports Regime and Related Problems of Intellectual Property Protection in Russia under Sanctions

It is already possible to conduct a comprehensive assessment of parallel imports introduction into the Russian legislation, which aims at providing Russian consumers with goods that are no longer available on the national market due to the sanctions against the Russian Federation adopted in 2022 and a number of companies suspending their activities in the Russian Federation. Exhaustion of intellectual property rights has been known in the world for quite a long time as a tool aimed at ensuring a balance of interests of copyright holders, consumers and importers, as well as a tool for ensuring international competition. In a particular state, one or another regime of exhaustion is applied taking into account the economic, political foundations of the functioning of the state economy, legal and evolutionary prerequisites. In this context, the paper presents a number of conclusions and proposals aimed at optimization of the parallel imports regime in Russia. The author considers some aspects of the customs, and substantiates the expediency of direct consolidation of international exhaustion of rights in the Russian legislation and possible development trajectories of the «list» approach to parallel imports. General approaches to the protection of intellectual property under sanctions are formulated, as well as proposals for solving problems related to the use of copyright objects belonging to copyright holders who have suspended their activities in Russia following sanctions regimes. The formulated conclusions and proposals could be summarized and taken into account in the Strategy for the Development of Intellectual Property in Russia — a strategic document that is extremely necessary in order to systematize and optimize measures for the development of approaches to the protection and promotion of the creation of intellectual property in Russia.

Arbitrating Investment Disputes in Time of Geopolitical Unrest: Focus on Investment Protection in Russia

Russia’s illegal full-scale invasion of Ukraine in February 2022 and the resulting war have had profound humanitarian and economic consequences affecting the lives of people in Ukraine and the region’s economic stability. The international community imposed unprecedented economic sanctions on Russian entities and individuals to condemn Russia’s actions in Ukraine. As expected, Russia retaliated and issued a series of counter-measures targeting foreign investors within Russia and occupied territories in Ukraine. Such measures will give, and have already given rise to claims by foreign investors in Russia for breaches of international investment law. This article analyses the restrictive measures targeting foreign investment imposed by Russia in response to international sanctions. It further discusses their legal implications for foreign investors. An overview of investment protections afforded under international investment treaties and international conventions as potential sources of redress for foreign investors follows in section 3. The final section highlights the challenges of pursuing investment treaty claims against Russia in the current geopolitical context (section 4). investment treaty arbitration, sanctions, counter-sanctions, investment protection in Russia, Ukraine, foreign investors, expropriation, fair and equitable treatment, narrowly worded arbitration clause, nationalization

Квотирование выбросов как способ снижения негативного воздействия на атмосферный воздух: проблемы реализации экспериментального правового режима

The experience shows that many instruments of state regulation of air protection are de jure fixed at a high legislative level, but in practice have a low potential due to the expensiveness of conservation activities, insufficient interest of polluting enterprises in the real reduction of the negative impact on the air, and miscalculations in the process of planning, adopting and implementing environmentally significant government decisions. The article examines the experience of introducing an experimental legal regime for emission quotas into the practice of state regulation of atmospheric air protection in Russia and identifies the problems of its testing.

International law and cultural heritage of Russia

Russian experience of studying and preserving cultural heritage is considered in the context of the most important international documents of UNESCO and ICOMOS. The author emphasizes the most important methodological importance of international documents and traces their influence on the principles and directions of monument protection in Russia. The problem of "authenticity" is highlighted, which is particularly relevant and controversial among the restoration community. The author posed the problem of studying and preserving the "intangible" heritage, which is in demand today.

Protection Of Intact Forest Landscapes In Russia: Role Of Government, MarketDriven And Buyers’ Restrictive Approaches

Leading environmental organizations recognize intact forest landscapes as priority areas for conserving forests. A quarter of global intact forest landscapes (IFL), are found in Russia, and since 2000, the country has lost over 7,5% (or 21 million ha) of its IFLs due to logging, forest fires and road construction. With the projected logging rates Russia’s IFLs will completely disappear in 150 years, and IFLs that are “rich” in timber will do so in 50 years. Protection of IFLs is the serious challenge, not only due to associated biodiversity loss, but also due to outstanding carbon sequestration and climate change mitigation role of IFLs. The objective of this research is to define the key drivers and factors and to examine how government and market-driven approaches contribute to the preservation of intact forest landscapes in Russia. A further objective is to assess the merits of consumers restriction measures, such as phase-out of IFL product purchases, as proposed by some environmentalists. According to our research, voluntary forest certification (market-driven approach) was the main tool for IFL protection in Russia until recently. A market-driven FSC voluntary certification scheme includes moratoria agreements to preserve almost 3 million ha of IFLs. Additionally, between 2010 and 2020 more than 770 thousand ha of IFLs were established in two national parks and three nature reserves in North-West Russia with the primary goal to protect IFLs, mainly in former FSC “no logging” zones. Market-driven approach is currently the main tool used to protect IFLs in Russia.

Environmental insurance in the mechanism of environmental protection in Russia: how to improve its efficiency with the help of law?

Purpose The purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance. Design/methodology/approach This is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country. Findings At the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.” Originality/value A new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.

Особенности снижения производственного травматизма в России и за рубежом

The main legislative requirements for labor protection in different countries are considered. The rules for ensuring labor safety in Russia, Germany, Italy and Japan have a common basis and are generally similar, however, they have some features, such as the mandatory presence of medical aid rooms and emergency rescue teams in the structure of enterprises. The dynamics of the decline in injury rates in Russia is positive, but several times lower than in the countries under consideration. Differences in the weight of fines for violations of legal requirements in the field of labor protection in Russia, Germany and Italy are comparable to the level of their discrepancy in terms of occupational injuries. In order to increase the rate of reduction of occupational injuries, it is recommended to introduce mandatory medical supervision at enterprises and to tighten penalties by an order of magnitude for violations of the requirements of labor legislation on labor protection.

Responsibility for Animal Cruelty: the Criminal-Legal Aspect

The formation of the Concept of animal Protection in Russia is recognized as an important direction of regulating the relationship between humans and the world around them. The issues of responsibility for encroachment on them are given quite close attention both at the international and national levels; they are actively discussed by both specialists and the public. Special attention is paid to criminal law measures. Unfortunately, they are not perfect, partly due to the legislator’s use of many evaluation categories (animal, cruelty to him, juvenile, mutilation, etc.), which have not received an unambiguous interpretation either in theory or in practice. In the proposed article, the authors have made efforts to comprehend them and present their views on ways to improve the current version of the law.

Environmental Protection Law-Making: General Characteristics and Main Development Trends

Environmental protection law-making is a dynamically developing type of sectoral law-making at the national level, which plays a significant role in the process of cognition and legal transformation of interaction between society and nature. It reflects the changing natural and related social, economic and other legally significant realities of the life of Russian society, on the one hand, fixing the achieved level of development of social relationships in the environmental sphere, and on the other — stimulating their modernization in the conditions of solving the problems of transition to sustainable development. Research objectives: to consider the current state of law-making activity in the field of environmental protection in Russia; to identify the main problems of environmental protection law-making at the national level; to show the trends of environmental protection law-making in our country. Research methods: formal-legal, system-structural, methods of legal modeling and intersectoral analysis. Conclusions: 1) the state of legal regulation of environmental protection in modern Russia cannot be considered impeccable, and the quality of law-making activity is high; 2) the key factors constraining the effectiveness of environmental protection law-making are: lack of social consensus on the ratio of environmental and other socially significant interests protected by law; dynamism and low potential for environmental self-regulation; inconsistency in the implementation of state environmental policy; weak scientific security of environmental protection law-making activities; ecological and legal nihilism; 3) the main issue of environmental protection law-making is the choice of an appropriate measure of legal regulation in order to establish environmental law and order and the method of its legal consolidation; 4) the content of the key trends of environmental protection law-making in Russia the principles of environmental protection and environmental goals of sustainable development are predetermined for many decades to come; 5) one of the most stable modern trends in environmental protection lawmaking is the greening of legislation and differentiation of mandatory requirements.