Chetverikov A.O. —
Right to digital integrity as a new fundamental human right? Pro et contra
// Legal Studies. – 2024. – ¹ 5.
– P. 8 - 31.
DOI: 10.25136/2409-7136.2024.5.70798
URL: https://en.e-notabene.ru/lr/article_70798.html
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Abstract: The new technological order as well as digitalization (digital transformation) of social life are increasingly influencing the regulatory instruments thereof, giving rise to the emergence of technological (digital) branches of law and legislation («digital law» etc.). Until recently, these changes have left almost unaffected the institution of fundamental human and citizen’s rights and freedoms considered as «technologically neutral», i.e. applicable in every kind of environment, including the digital one. Nevertheless, the things here also changing, as evidenced by introduction into the Constitution of Geneva of a new kind of fundamental right entitled – the «right to digital integrity». The article explores and appraises the arguments for and against (pro et contra) the separate consecration of fundamental digital rights and corresponding fundamental digital duties of the State. The research derives from the combination of common scientific and legal exploratory methods together with an interdisciplinary approach (assessment of relevance of digital constitutionalism). The article provides an overview of global constitutional experience of countries of different continents, where the constitutional provisions containing digital rights (DR) have been proposed or are already in force. Taking as a starting point the Swiss legal provisions, the article presents the right to digital integrity and evaluates the positive and negative consequences of its constitutionalisation. Given, the uncertainty of the effects of the abovementioned constitutional innovation the author points out that it is preferable to consecrate the right to digital integrity in federal States initially at the level of federal entities and only later at the national level, as Switzerland did. The author's special contribution to the research of the topic consists in the identification and comparison of conflicting legal arguments supporting and criticizing the specific consecration of digital rights.
Chetverikov A. —
Judicial investment (third-party litigation funding) and regional economic integration: in search of legal regulation
// International Law. – 2023. – ¹ 2.
– P. 58 - 78.
DOI: 10.25136/2644-5514.2023.2.40715
URL: https://en.e-notabene.ru/wl/article_40715.html
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Abstract: In the modern financial capitalism the growing number of private and public goods tend to become a profit-making commodity, i.e. financial asset («financialization» & «commodification»). The latters do not leave aside the judicial protection of the rights and legitimate interests of citizens and legal entities. Nowadays, judicial and arbitration litigations represent abroad one of the most attractive areas of investment for potential investors. Judicial investment (third-party litigation funding) is also developing in Russia. The article examines the current state and prospects of legal regulation of judicial investment in the context of regional economic integration on the example of the proposal of the European Union (EU) Directive on the regulation of third-party litigation funding drafted by the European Parliament at the end of 2022 for the European Single Market.
The research is based on historical and comparative legal methods in conjunction with other relevant scientific methods and an interdisciplinary approach. For the first time in Russian jurisprudence the article presents the appraisal of the prospects of legal regulation of judicial investment within the framework of regional integration organizations with common (single) market of goods, workforce, services, and capital. It is proposed to consider establishing standards for judicial investment at the level of the Eurasian Economic Union (EAEU), starting with third-party litigation funding of business disputes in common arbitration institute («EAEU international arbitration tribunal»), the creation of which is being discussed by the EAEU Member States and legal community.