Russian Law Research Articles

On the Concept of Artificial Intelligence and the Basics of its Regulation in International and Russian Law

The article covers the study of the issues of the concept of artificial intelligence and certain problematic aspects of the legal regulation of its use. The authors analyze the concept of artificial intelligence in domestic and foreign legislation, foreign and national doctrine. Currently the absence of a single concept of artificial intelligence is caused by both the initial stage of development of the legal regulation of the phenomenon under study, and the lack of its uniform understanding in academic community. The development of a single definition of the concept under study is possible with gaining experience and the regulatory framework in this area. Taking into account the availability and prospects for the creation of various types of intelligent systems, it is proposed to take a differentiated approach to their legal regulation, establishing the appropriate legal regimes. The authors analyze domestic and foreign legislation governing the legal regulation of artificial intelligence and the principles of its use. Among the problematic aspects are the issues of determining artificial intelligence as a legal subject, the peculiarities of liability in case of violation of the rights of parties to civil transactions by activities related to the use of artificial intelligence technologies. The question of whether artificial intelligence is a legal subject is debatable. Currently, in most legal orders, artificial intelligence systems are not recognized as having consciousness (capable of creating and reproducing subjective decisions). However, the practice of applying the norms of intellectual law has led to the recognition in certain jurisdictions of authorship of the artificial intelligence system. The authors conclude that, when determining the limitations of liability in relations linked to the use of artificial intelligence systems, it is necessary to use both existing legal structures, such as mixed liability in case of joint infliction of harm; liability for harm caused by activities that create an increased danger to others; the responsibility of the manufacturer for the quality of goods (services) to the consumer, and the direct fixing in the current civil legislation of special rules that determine the specifics of liability when using artificial intelligence.

О ходе реформы законодательства об утилизации отходов потребления: наметился ли прогресс

The reform in the field of consumer waste disposal, carried out since 2014, designed to involve waste in secondary circulation, in July 2023 was marked by the adoption of a number of legislative amendments. This study presents a retrospective analysis of the results of a ten-year reform which introduced into Russian law the obligation of manufacturers and importers to dispose of waste from the use of goods and packaging. The latest innovations in the regulation of this sphere are assessed.

THE MEDICALIZATION OF SOCIAL LAW: THE NURSERY IN THE BILL FOR THE PROTECTION OF MOTHERHOOD, INFANCY AND CHILDHOOD 1913-1916

The author studies the legal provisions on nurseries in the bill «on the protection of motherhood, infancy and childhood», published in 1916. The document was developed by doctors. They understood the importance of nurseries in the fight against high infant mortality- an acute social problem in Russia in the end of the 19th century and in the beginning of 20th century. In the text of the document, for the first time, a definition of a children's institution is given, a mechanism for subsidizing nurseries by the state is developed, measures of state control over children's nurseries and the participation of physicians in these events are outlined. The nursery was to be attended only by infants, and these institutions were to function all year round, not just in the summer. The legitimation of nurseries in domestic law has become an important milestone in the development of social law in Russia.

Prohibition of war propaganda in international and Russian law

Prohibition of war propaganda in international and Russian law

Рынок недвижимого имущества: общая характеристика, новые объекты недвижимости, круг субъектов посреднической деятельности

The relevance of the issues under consideration is conditioned by the insufficient definition in modern Russian law of both the actively updated list of real estate objects and the range of subjects of intermediary activities in the real estate market and their legal status. The aim of the study is to identify new objects of real estate and their characteristics, as well as to study actual problems of legal regulation of the activities of entities of media-tion activity in the context of the use of digital technologies. The methods of studying the issues of the topic are formal legal analysis and synthesis, elements of comparative jurisprudence. The article identifies current trends in the development of the real estate market and intermediary services under the influence of digital technologies and other factors, examines new real estate objects, problems of the legal status of realtors, spe-cialists and real estate brokers. The direct dependence of the segment of intermediary services on the pace and completeness of realization of information technology capabilities in the conditions of digital revolution and increased competition in this market is revealed.

Методический подход к обоснованию ставки роялти в проектах нефтегазовых компаний

Intellectual property (IP) is the result of the creative work of inventors. The implementation of intellectual property and non-property rights is regulated by Russian law. One of the important components of intellectual property (IP) management is its commercialization. It is possible to assess the value of IP through an objective analysis of projects and their parameters, including financial components. Commercialization of IP is carried out through the mechanisms of alienation and disposal by companies of their intellectual assets in order to obtain commercial benefits. One of the ways to dispose of rights is to conclude license agreements on granting the right to use protected intellectual property. The validity of a license agreement depends on the presence in the compensated license agreement of a condition on the amount and procedure for paying remuneration. Payment of remuneration may be provided in the form of one-time payments (lump payment), periodic interest deductions (royalties) or in another form. Payments in the form of royalties are most in the interests of the right holder. The calculation of the royalty rate is methodologically not regulated at the legislative level and is the most controversial issue when concluding license agreements. The development of methodological approaches to determining the royalty rate makes it possible to increase the justification of the costs of project implementation. The article describes the existing methodological approaches to the calculation of a fair royalty rate, analytical tools for determining standard royalty rates, and the values of recommended royalty rates in the oil and gas industry.

An Individual as a Foreign Agent: The Legal Regulation

Foreign interference in Russia’s internal political processes is almost always disguised as the constitutional right of citizens to ideological diversity, forming public opinion, provoking panic, as well as influencing the attitude of society towards governmental authorities. The influence of individuals who form public opinion on the basis of their recognition and pseudo-authority has significantly increased. A large-scale spread of social networks has caused a dramatic increase in the popularity of artists, musicians, public figures, whose statements can encourage society to make certain decisions. The study is conducted in order to identify signs of foreign influence, as well as criteria for classifying individuals as foreign agents. Based on a comparative analysis of the legislation on foreign agents in Russia and the United States, the authors establish the conditions for the need to restrict the constitutional rights of citizens in order to maintain a balance of private and public interests. In the preparation of the article, formal and logical methods were used, as a result of which the authors analyze socio-legal phenomena that allowed to identify the relationship between increased foreign influence and consolidation of domestic legislation on foreign agents as a response. The authors come to the conclusion that in order for an individual to be acknowledged as a foreign agent under Russian law, three elements are needed: the presence of foreign influence, the participation of an individual in political activity and direct or indirect influence on state bodies or state policy. At the same time, the main problem of law enforcement is the distinction between real foreign agents and unpatriotic citizens who actively oppose the policy of the state, which can be used «blindly». In this regard, a wide application of the provisions of the Law on Foreign Agents is justified, and the assignment of the status of a foreign agent is subject to individualization.

PRIVATIZATION OF THE HOUSING FUND IN THE WORKS OF PROFESSOR S. M. KORNEEV AND MODERN PROBLEMS OF PRIVATIZATION

The article analyzes the scientific heritage of Professor S. M. Korneev, dedicated to the privatization of the housing stock in the Russian Federation. The continuity of the ideas of the scientist in the current doctrine of law and the consolidation of individual proposals in modern Russian legislation are shown. It is noted that S. M. Korneev was one of the first in Russian law who addressed the topical legal problems of housing stock privatization and suggested ways to resolve them. In particular, he studied the issues of protecting the rights of family members of the owner during privatization, including formulating proposals on the need to improve legislation on the participation in privatization of minors and incapacitated family members; they show how the principle of “free” and “one-off” housing privatization should work in law enforcement practice; proposals were formulated for the formalization of the legal regime of the common property of an apartment building during the privatization of residential premises in it; the problem of the legal regime of a land plot under an apartment building is raised and proposals are made for organizing the maintenance of the infrastructure of such a house through the creation of special legal entities - condominiums. This article shows that the comprehension and resolution of many of the scientific and practical problems of protecting the right of ownership to residential premises identified by S. M. Korneev, which arose even at the stage of privatization, took place in the last decades of the development of domestic legislation. It is concluded that. that individual problems of privatization remain topical even at the present stage.

First Aid Kit in the Simulation Center. Obligation or Necessity?

Employees of the Department of Simulation Training of the Voronezh State Medical Institute named after N. N. Burdenko have been dealing with first aid for many years and, in this regard, we are the ones who are asked what kind of first aid kit to purchase and what should be in it. Such questions are heard from individuals, motorists, participants in a special military operation and labor protection officers of various organizations. Accreditation is often associated with additional psychological and physical stress (CPR), and according to Russian law, a first aid kit must be present at the workplace. But there are many questions about the quality and composition.

CONSUMER LAW IN THE SYSTEM OF MODERN RUSSIAN LAW AND LEGISLATION

The article is devoted to determining the place of consumer law in the system of Russian law and in the system of Russian legislation. Having formed in Russian civil law initially as a functional institution of civil law protection of consumer rights, it later, together with the norms of branches of public law, forms an intersectoral institute of Russian law, and under the influence of codified civil legislation, especially due to the reform of the Civil Code of the Russian Federation, as well as the improvement of legislation on consumer protection and the practice of its application, occupies the place of a functional sub-branch in the structure of modern civil law. For more than thirty years, consumer law has also been formed as a complex branch of legislation, including normative acts containing norms of various branches of Russian law. Consumer law (consumer protection legislation) is characterized by a number of features (it includes numerous regulations of various hierarchical levels and combines legal regulation contained in codified civil legislation and special acts on consumer protection). This, on the one hand, seems to be a very progressive phenomenon, since the civil law regulation of contractual relations with the participation of consumers is elevated to the level of the Civil Code of the Russian Federation, and, on the other hand, this is done in part two of the Civil Code of the Russian Federation, as well as in certain federal laws, is often inconsistent or insufficiently successful.

Развитие института отбывания наказания в виде лишения свободы на территории белорусских земель в XVIII веке

The article systematically examines the development of the institution of serving a sentence of imprisonment on the territory of the Belarusian lands in the XVIII century. Due to the fact that the Belarusian lands of this period were part of both the Polish-Lithuanian Commonwealth and the Russian Empire, the influence of the two legal systems of these states on the development of this institution is noted. The attention is focused on the fact that the main normative legal acts regulating the development of the institution of serving a sentence of imprisonment on the territory of the Belarusian lands at that time should be recognized as the statute of the Grand Duchy of Lithuania, Russian and Zheimot of 1588, the Cathedral Code of 1649, the Military Article of 1715 and the manifesto "Institutions for the administration of provinces" dated November 7, 1775. Expanding the influence of Russian law, including criminal law (and its constituent penal enforcement rights), on the territory of the Belarusian lands occurred according to the rule of "soft influence", enshrined in various decrees and charters of the Russian rulers. It is concluded that the institution of serving a sentence in the form of imprisonment in the Belarusian territories began to develop actively both legally and organizationally only under the influence of a more systematic Russian criminal law in the last quarter of the XVIII century, in connection with the three sections of the Polish-Lithuanian Commonwealth and the annexation of all Belarusian lands to the Russian Empire since 1795.

Аудиовизуальное произведение как сложный объект авторского права

The article analyzes the construction of an audiovisual work as a complex object from the point of view of coauthorship. To this end, the genesis of the existing subject composition of the authors of an audiovisual work in Russian law is investigated, and approaches to the defi nition of the authors of an audiovisual work in international legislation are studied. When an audiovisual work is perceived as a multilevel copyright object, its components will be a script, direction, musical accompaniment and other independent works within the framework of the doctrine of a complex copyright object. On the basis of this doctrine, the Russian legislator identifi es four authors of an audiovisual work whose creative contribution is the most signifi cant: a production director, a script writer, a composer who created a musical work specifi cally for an audiovisual work, and a production designer. It is proved that the closed list of authors of an audiovisual work is a characteristic feature of European legal systems that are part of the Romano–Germanic legal family. The Anglo-Saxon approach assumes the granting of all rights to the audiovisual work of the producer.

Информационные объекты как имущество: опыт юрисдикций общего права и перспективы его имплементации в России

The article is devoted to the study of the common law approach to the legal regime of economic values embodied in the form of objectified data (data objects or digital assets). The author focuses on the principal possibility and grounds for qualifying data objects as property, as well as their inclusion into one of the property classes. The analysis begins with an overview of the essential characteristics of property developed in the court practice and legal studies in common law jurisdictions. The author then considers the problem associated with the integration of data objects into the traditional dichotomy of personal property which include choses in possession and choses in action. It is noted that this integration is possible by introducing a third (non-traditional) type of property. The author provides a brief overview of some notable case law addressing the recognition of digital assets as property. The study shows that courts of common law jurisdictions recognise property rights in respect of digital assets, but they do not classify such objects as a specific class of property. Furthermore, there are opposite positions taken by courts regarding the possibility of keeping data objects in possession. In conclusion, the author gives a brief overview of some initiatives related to legislative developments of data objects’ regime as property in the United Kingdom and USA, as well as notes ideas and approaches that might be of interest in the context of the Russian law. In the author’s opinion, as in common law jurisdictions, the Russian legislators should recognize data objects as a special type of property, the appropriation of which is carried out through a specific right that is distinct from the right of ownership. When developing a new legal regime, they should also consider ideas of foreign colleagues related to the criteria for identifying data objects qualified as property.

Вопросы юридической оценки деятельности салонов эротического массажа

Within the framework of this publication, the issues and problems of bringing to legal responsibility the owners of erotic massage salons and the masseuses themselves (masseurs) practicing this activity on a systematic paid basis are considered. This activity is analyzed from a legal point of view, including through the prism of the concept of "prostitution", on the basis of current Russian legislation, as well as the opinions of various authors who have devoted their scientific works to legal issues of combating pros-titution and the provision of sexual services of a different nature. The judicial practice of bringing persons to legal responsibility for the organization and provision of erotic massage services on a paid basis is also analyzed. The absence of a unified approach in the activities of law enforcement agencies regarding the qualification of such actions has been revealed, which, according to the author of this publication, is a consequence of the lack of definition of the term "prostitution" used in the norms of Russian law. Solutions to this problem are proposed.

러시아연방의 민사소송에서 보전처분과 집행에 관한 연구

The Russian Federation is a geographically neighbor country of the Republic of Korea, but it is a country with little sense of distance due to its history, culture and national system. After the collapse of the Soviet Union, Korea established diplomatic relations with the Soviet Union on September 30, 1990 due to Korea's northern policy and given that the volume of trade between Korea and Russia has been steadily increasing over the past 33 years, the volume of trade in human and material between Korea and Russia will continue to increase in the future.
 Until now, comparative legal exchanges in the legal aspect of Russia in Korea have been insignificant, so Russian law in Korea is a very unfamiliar area in comparative law studies. This paper will explain how the Russian Federation has reorganized legal system for civil litigation through system transition after the collapse of the Soviet Union.
 Today, in the Russian Federation, civil and commercial litigation are concepts of distinction rather than subsidiarity, and both have different applicable laws and exclusive jurisdiction of the courts regarding the litigation procedure. Therefore, the current litigation system for judicial disputes in the Russian Federation is divided into a civil litigation system and a commercial litigation system under a dual system (dualism), and in each area, civil litigation legal relations and commercial litigation legal relations arise according to the relevant laws governing the matters concerning the procedures for disputes to be resolved through courts. The system of provisional disposition and enforcement in civil and commercial proceedings in the Russian Federation is based on the judicial acts of the courts, and there are court decisions (Определе ние суда) and court judgments (Судебный вердикт) as types of judicial acts of the courts regarding the provisional dispositions and enforcement systems. In the case of the preservative disposition system, it is based on a court decision, and the enforcement system is based on a court order or execution judgment of the court.
 Execution in civil and commercial proceedings in the Russian Federation is classified into immediate execution (Немедленное исп олнение) and compulsory execution. In the system of compulsory execution, the institution that actually implements compulsory execution is the Judicial Execution Service, which is an administrative body separate from the courts, under the Ministry of Justice of the Russian Federation. In case of immediate execution in civil and commercial cases, it can be executed by the judicial act of the court according to the related litigation law, whereas compulsory execution is a system that is operated completely separate from the jurisdiction of the court and the litigation law. Therefore, in the remedy of rights related to compulsory execution, the judicial enforcement agency is the actual party as the collector, the person to be collected, and the implementer of the actual compulsory execution. The object of execution and all acts related to compulsory execution by the judicial enforcement agency are separated, and the former must proceed with a lawsuit for the return of unjust enrichment against the object of excessive execution through a civil or commercial lawsuit. In the case of infringement of rights infringed by the illegal compulsory execution of the judicial enforcement agency, a lawsuit for compensation for damages (state compensation) for the illegal acts of the judicial enforcement agency must be carried out through administrative litigation.

Corruption, Extremism and Terrorism: Facets of Interconnection and Interdependence in Modern Society

The situation in the field of ensuring the national security of the Russian Federation at present and in the foreseeable future is characterized by the intensification and activation of many problems. With the beginning of the special military operation in Ukraine, both internal and external threats related to the activities of unfriendly states have intensified. The article examines the relationship and interdependence of the two most significant threats: extremism and terrorism on the one hand and corruption on the other one. The purpose of the study is thus not simply to prove the relationship between terrorism and corruption, but to identify specific mechanisms for their interrelationship in contemporary circumstances. Knowing these mechanisms, we are able to counter them. As an empirical basis, we rely on the experience gained by Russian law enforcement agencies since the mid-1990s in countering extremism, terrorism and corruption. The methods of system, historical, formal-logical analysis are used. The scientific novelty of the presented study is an attempt to project the identified problems and patterns into the future to develop priority directions of ensuring the national security of Russia in new conditions.

Violence in Queer Families: Symbolic Recognition of Same-Sex Relationships in Russian Law

PurposeThis paper deals with criminal court cases of intimate partner violence in queer families (IPV) in Russia. It aims to uncover ways for these families to be recognized in law, even if only for the purposes of deciding cases of violence among LGBT + partners.MethodsThe study deploys methods of discourse analysis to uncover powers which produce the texts of court rulings. The article is based on close examination of nine cases of IPV occurred in various places across Russia. Eight cases concern bisexual and lesbian women; one case is about men in a same-sex partnership.ResultsThe analysis suggests that only the most severe cases of IPV reach criminal courts in Russia (murder, manslaughter, and serious injuries). As courts deal with violence among intimate same-sex partners, they have to discuss LGBT + identities, queer sexualities, and same-sex families more broadly, as well as such forms of violence which are not criminalized but build up to the ultimate violent act (psychological and financial violence, battery).ConclusionsRegardless of reluctance to recognize queer families in family law, same-sex relationships are already recognized in the legal discourse with the help of various categories for the purposes of processing criminal cases. However, this recognition casts queer families as subordinate and pathological, especially through the widespread invocation of traditional values rhetoric.

О понятии и правовых средствах обеспечения устойчивого развития городов

Introduction. The concept of sustainable development continues to receive more and more support every year, both at the international and domestic levels. The main reason for its popularity is that this concept has become a qualitatively new strategy for social development, designed to balance the environmental, economic and social interests of a citizen, business, society and the state in the interests of both present and future generations. Theoretical analysis. The movement towards sustainable development of cities within the framework of the overall strategy for achieving the SDGs is ensured by the activities of public authorities and the public to best solve the social, economic and environmental problems of settlements, improve the comfort of life of citizens through the rational use of urban resources, effective urban planning, not exceeding the assimilation potential of urban ecosystems, for the benefit of present and future generations. Results. At the moment, there is no definition of sustainable urban development in the Russian law, and therefore, there is no mechanism for implementing the tasks set in SDG No. 11, including the lack of a system of indicators in the country (social, economic, environmental and others) to assess the degree of achievement of the SDGs. Today we see only separate doctrinal and normative indicators of sustainable development of cities, reflecting only some aspects of the transition of cities to sustainable development (in terms of comfortable housing, etc.). In the scientific doctrine, the relationship between the concept of sustainable urban development and other (related) concepts of interaction between nature and society, including the concept of an eco-city and a “smart” city, is also extremely poorly studied. In this regard, the legal solution to this problem can be the development of the Concept of the transition of the Russian Federation to sustainable development, which includes a clear plan of legislative work, one of the sections of which should include measures to ensure the sustainable development of cities, as well as a number of stages of movement towards this goal and a system of indicators for evaluating these processes.

Regulation as a source of Russian law: concept and types

The article is devoted to a special kind of normative legal acts — regulations. Due to the fact that today in Russia there is a large variety of such sources of law as regulations, there is a need not only for their classification, but also for their full study as an independent source of Russian law. The article examines the essential characteristics of the regulations, based on the analysis of the features of the regulations, which are an integral part of the Russian legal system, the author’s definition of the regulations is given. The functions performed by the regulations in the mechanism of legal regulation are indicated.The whole variety of regulations in force in Russia is divided into different groups, depending on the selected classification criteria. The classification allows us to consider the specific features of certain types of regulations, which, in turn, is extremely important for understanding the legal nature of regulations as sources of Russian law.

Public and Private Interests in Modern Private Law in Russia: unity in diversity

The article analyzes the problem of understanding public and private interests at the present stage of development of public relations regulated in Russia by private law. Based on the conducted research, the author concludes that the opposition of public interest to private is unreasonable, since its carrier is a specific individual. Public and private interest in private law are a single whole in cases of high public importance, characteristic of relations related to the provision of actions at their discretion, especially in connection with the establishment of rights to things, the results of intellectual activity, the protection of personal non-property rights. At the same time, one should not underestimate the importance of private interest, the legal form of which is necessary to concretize its provision in a strictly defined sphere of public relations related to meeting the needs of one person by the actions of another, in particular, in contractual, as well as legal relations related to participation in civil law communities, including corporate ones. Such an approach to the correlation of private and public interests makes it possible to expand and clarify their understanding, highlighting civil law values and values of civil law communities, general and special civil law interests, as well as general and special interests of civil law communities, the interests of individual individuals.