Transformation of legal and political systems
Reference:
Belikova K.M.
The problem of legal assessment of the essence of scientific and educational texts from the perspective of the role and place of the author in the generative content of neural networks
// Law and Politics.
2024. ¹ 1.
P. 1-22.
DOI: 10.7256/2454-0706.2024.1.69692 EDN: LRKPFL URL: https://en.nbpublish.com/library_read_article.php?id=69692
Abstract:
The constant development of digital technologies and artificial intelligence and their introduction into education is mandatory for most leading universities in Russia and abroad, since technologies based on artificial intelligence (for example, neural networks, machine learning, etc.) give a new impetus to the development of universities and educational institutions. At the same time, both in Russia and abroad, the risks are recognized (the use of a large amount of educational content and materials has created a high demand for compliance with intellectual property rights), and the benefits (personalization of learning, improving the effectiveness of the education system) from the introduction of AI in education. At the same time, there is an urgent need for scientific understanding and analysis of legal approaches to regulating the work of neural networks and generative artificial intelligence in the context of scientific texts created by them/with its help from the perspective of the possibilities of solving the problem of trust in such results and the use of AI in education, while simultaneously assessing the pros and cons of AI support provided to people and participants in educational relations in particular taking into account the provisions of current copyright law and approaches to recognizing the authorship of AI in foreign legal systems. Such a study is conducted by the author from the standpoint of methodology, assuming a subjective and objective definition of the world, and methods of dialectics. Scientific novelty is determined by the very purpose of the research. Among other things, the identified prospects for the use of AI in education are linked by the author in writing with the help of artificial intelligence and subsequent evaluation of students' work; it is revealed that a discussion in society about the moral, ethical and pragmatically useful components of neural networks is required; a thorough analysis of the existing legal regulation of neural networks abroad and internationally to create adequate domestic regulation when developing approaches to the legislation of the Russian Federation and taking into account the need to respect the economic and technological sovereignty of the country and consolidate the moral and ethical guidelines of scientific works; development of algorithms for the operation of the Anti-Plagiarism system, which will allow separating the personal contribution of the author of a scientific text from a machine (algorithm, AI).
Keywords:
content labeling, problem of trust, digitalization, copyright, neural networks, authorship, generated content, author, science, education
Theory
Reference:
Gallyamova A.A.
Digital Art and NFT. Legal uncertainty
// Law and Politics.
2024. ¹ 1.
P. 23-36.
DOI: 10.7256/2454-0706.2024.1.40462 EDN: LNFZDJ URL: https://en.nbpublish.com/library_read_article.php?id=40462
Abstract:
Digital transformation has led to the emergence of qualitatively new public goods, interaction with which also leads to the emergence of new legal relations. New objects of these relations, in turn, also need certain legal regulation. Thus, the information transformation has influenced the rapid growth of the digital intellectual property market, significantly increasing the financial assets of the owners of these objects. One of such rapidly developing objects today are non-interchangeable NFT tokens. The subject of the study of this work is the legal regulation of art in an informative environment. The author pays special attention to the process and forms of creation of intellectual property works in the digital environment, and also examines their status in detail from the point of view of the current legislation. The author's main contribution to the research of the topic is to analyze the currently existing forms of existence of works of art in the digital environment and approaches to their regulation from the point of view of legislation. The author examines in detail the features of non-interchangeable tokens, which cause difficulties in legal regulation. Special attention is paid to the regulation of non-interchangeable tokens from the point of view of the Russian Federation's Civil Code. The novelty of the author's scientific work consists in the fact that in his work he offers possible solutions to the legal uncertainty prevailing in the legislation at the moment, indicating what changes can be made to the legislation in order to provide the authors of the NFT with the necessary legal protection.
Keywords:
blockchain, token, copyright infringement, author, property, copyright law, NFT, digital art, non-fungible, intellectual property
Law and order
Reference:
Safonov V.N., Agayev G.A.
Some problems of qualification of violent acts of a sexual nature according to the objective side of the crime
// Law and Politics.
2024. ¹ 1.
P. 37-47.
DOI: 10.7256/2454-0706.2024.1.69497 EDN: LSQPCU URL: https://en.nbpublish.com/library_read_article.php?id=69497
Abstract:
The subject of the study is the criminal law norms regulating legal relations in the field of sexual inviolability and sexual freedom of the individual (the article 132 of the Criminal Code of the Russian Federation). The object of the study was the legal relations arising in connection with violent sexual crimes and legal relations related to causing harm to health or death to a person. The authors consider in the most detail the signs of the objective side of sexual violence. The interpretation of violent acts of a sexual nature is suggested, which make it possible to assess their real social danger. The purpose of the study was to identify the doctrinal, law enforcement and legislative problems of the mentioned norm and proposals for their resolution. When writing the article, general, general scientific, private scientific and special research methods were used. The scientific novelty is substantiation of the fact that due to the legal and technical features of the legislative consolidation of the objective side of the composition of violent acts of a sexual nature, the importance of doctrinal and law enforcement interpretation of the signs of the objective side of sexual crimes, in particular, other violent acts of a sexual nature, increases. The conclusion is substantiated that ignoring the significance of the signs of the objective side of the crime leads to qualification errors. Recommendations for the legislative reconstruction of Article 132 of the Criminal Code of the Russian Federation are proposed. It is argued that while maintaining the legislative prerequisites for an ambiguous interpretation of other sexual acts, the law enforcement officer should take into account the actual and axiological content of the latter, which will allow them to assess their real social danger.
Keywords:
broad interpretation, axiological approach, sexual freedom, sexual inviolability, other acts, lesbianism, violent acts, sodomy, qualification of crimes, the objective side of the crime
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Medzhitov T.V.
Key areas of formation of the legal framework of the common financial market of the EAEU, taking into account the European experience
// Law and Politics.
2024. ¹ 1.
P. 48-62.
DOI: 10.7256/2454-0706.2024.1.69385 EDN: LSRJOR URL: https://en.nbpublish.com/library_read_article.php?id=69385
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Abstract:
The subject of the study is the political and legal processes of the formation of the common financial market of the EAEU, the processes of harmonization of legislation on banking and insurance services, as well as legislation on the securities market. The article examines the regulatory and conceptual foundations of the common financial market of the EAEU, draws parallels with similar processes in the European Union ("Lamfaloussi process", "Larosiere Process"). The concept of the formation of the common financial market of the EAEU in 2019 is analyzed in detail, its key components are highlighted. The emphasis is placed on the prospects of creating a supranational regulatory and supervisory authority as a necessary element of the emerging common market, some potential problems along this path are highlighted ("multi-speed integration", political differences), and the importance of taking into account the processes of digital transformation of financial services in the formation of a common market is pointed out. Research methods – analysis, synthesis, comparative legal (comparative) analysis, problem-chronological approach, as well as analysis of official documents. The scientific novelty of the article is determined by the relevance and constant dynamics of legal regulation of financial integration issues in the EAEU, elements of comparative legal analysis of models for building a common financial market of integration associations. The article analyzes the EAEU regulations and reports on the progress of building a common financial market, provides a comparison on a number of parameters of financial integration between the EAEU and the EU, and complements the theoretical definition of the term "common financial market". Based on the data obtained, the most promising directions for building a common financial market are recommended (digitalization of banking services, possible transition to a single currency, options for creating a supranational supervisory and regulatory mechanism in the financial sector), some problems and obstacles to the formation of a common financial market are identified.
Keywords:
financial integration, investitions, insurance services, banking services market, financial services, EAEU, eurasian integration, internal market, financial market, European Union
Human and state
Reference:
Shilovskaya O.P.
Peculiarities of legal regulation of socio-economic rights of foreign citizens and stateless persons
// Law and Politics.
2024. ¹ 1.
P. 63-79.
DOI: 10.7256/2454-0706.2024.1.69400 EDN: LLBKNA URL: https://en.nbpublish.com/library_read_article.php?id=69400
Abstract:
The legal regulation of the stay and residence in Russia of foreign citizens and stateless persons is based on the principle of a national regime, which assumes their equality with Russian citizens, except in cases established by law. The presence of restrictions and special conditions in the legislation for granting socio-economic rights and freedoms, actualizes the issues of their implementation by persons who do not have Russian citizenship. The subject of study is normative legal acts regulating legal relations in the field under study, statistical data. The purpose of the work is to identify the features of legal regulation and implementation of socio-economic rights and freedoms of foreign citizens and stateless persons. The novelty of the work lies in the study of the rights of foreign citizens in the socio-economic sphere, taking into account the constitutional reform of 2020 and modern changes in migration legislation. As a result, the conclusion is substantiated that in determining the scope of the studied group of rights and freedoms of foreign citizens, the legislator applied the principle of national treatment (when their legal personality may be limited in comparison with the legal personality of Russian citizens), as well as a special regime (when certain categories are distinguished among foreign citizens who are provided with special conditions for the realization of specific rights). Two approaches to legal regulation are highlighted: universal and special. The author's position has been formed regarding the classification of factors influencing the introduction of special conditions for the realization of rights and freedoms: the legal regime of residence in Russia, ensuring the protection of constitutionally significant values, the direction of state policy in the field under study, the presence of a personified legal status.
Keywords:
national regime, restriction of rights, rights in healthcare, the right to education, the right to work, a stateless person, a foreign citizen, socio-economic rights, the principles of the welfare state, special regime
Human and state
Reference:
Safonov V.N.
Restorative justice and the consistency of law
// Law and Politics.
2024. ¹ 1.
P. 80-96.
DOI: 10.7256/2454-0706.2024.1.69450 EDN: LLTDFG URL: https://en.nbpublish.com/library_read_article.php?id=69450
Abstract:
The subject of the study is restorative justice as an alternative form of resolving legal, mainly criminal law conflicts. The purpose of the study is to identify the fundamental problems of restorative justice, both internal (goals, content, categorical apparatus) and external (limits of distribution in the system of branches of Russian law, correlation with legal sectoral principles). When writing the article, general, general scientific, private scientific and special research methods were used. Based on the analysis of a significant volume of literary sources and a certain mass of criminal and civil cases that ended in reconciliation of the parties and relevant procedural decisions, the author argues that the current state of the restorative justice paradigm is characterized by the absence of its monotonous interpretation and ideas about the sectoral boundaries of legal norms on which the alternative resolution of legal conflicts is based. And the very idea of restorative justice is subject to an ambiguous assessment by researchers. Conclusions are drawn about the inconsistency of the interdisciplinary institute of restorative justice with the requirements of the system of Russian law, the need to comprehend the idea of restorative justice both in the context of the Russian legal family and in the limits of specific branches of law. It is argued that the time of euphoria from the expected prospects of restorative justice should be replaced by thoughtful, balanced implementation of its positive potential in the legislative and practical planes. Relevant proposals of a doctrinal and legislative nature are being made, aimed at deeper implementation of the institute of restorative justice in the normative sphere in order to optimize it.
Keywords:
sufferers, compromise with crime, humanism, systematic law, interests of the victim, mediation, restorative justice, negotiations, alternative justice, justice