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No 12 (2019)
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EXPERT OPINION

31-36 428
Abstract
The article is devoted to the study of actual problems of finding ways and models of regulation of modern digital relations. The main problems of legal regulation of digital relations, the possibility of self-regulation and the role of ethical regulation in this process are revealed. The possible models of regulation of digital relations in the world are highlighted. A proposal is made on possible options for the development of regulation of digital relations in the Russian Federation.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ПРАВОВОЕ РЕГУЛИРОВАНИЕ ИНФОРМАЦИОННОЙ БЕЗОПАСНОСТИ

37-44 671
Abstract
The article deals with the increasing role of knowledge and education in the development of the global information society, digital transformation based on the development of information (digital) technologies, the emergence of new subjects and objects. Actual problems and scientific directions of development of system of legal maintenance of information security in the conditions of the occurring digitalization of economy and public life, development and recognition of the information right are designated. Special attention is paid to the formation of the system of international information security, the need to highlight this direction in the educational sphere. The current directions of scientific research in the field of information law and international information security are also highlighted for the development of educational programs.
45-52 278
Abstract
Digitalization of all spheres of life leads to the emergence of additional factors to ensure the confidentiality of information. The greatest attention among these factors in the article is given to the issues of import substitution of hardware and software for processing and protecting restricted access information, organizational and legal problems of restricting the turnover of special technical means intended for secretly receiving information, as well as to new risks and threats of the information society in the context of using large technologies data (big data) and artificial intelligence systems. With regard to artificial intelligence technology, legal solutions are formulated to ensure the right to privacy, security of personal data and other personal information. The paper concludes that it is necessary to take into account the specifics of the latest digital technologies when building a system of organizational and legal measures to ensure confidentiality.

ПРАВОВАЯ СРЕДА ДЛЯ ЦИФРОВОЙ ЭКОНОМИКИ

53-60 301
Abstract
The article analyzes the current trends and problems of legal regulation of experiments and the formation of regulation of experimental legal regimes for digital innovation. The research hypothesis about the general fragmentation of the legal regulation of experiments is substantiated and confirmed - in the Russian Federation they are introduced by regulatory legal acts at various levels, while the full management cycle, including the stages of designing experiments, its preparation, conduct, and performance evaluation is not implemented, there is no relationship with strategic planning and planning rule-making process. Based on a comparative legal and statistical analysis of federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation for 1993-2019, as well as drafts of normative legal acts on conducting experiments prepared in 2019, existing shortcomings were identified in determining goals, indicators of achieving goals, and evaluating the effectiveness and efficiency of the experiments, including in the field of digital technology. Based on the methods of legal modeling and institutional design, a set of proposals has been developed on the formation of legal regulation of experimental legal regimes in the field of digital innovations, which can be implemented with the adoption of the relevant federal law.
61-73 337
Abstract
The article discusses the issues of post-socialist development of law and the state of transition from a totally informational to a digital society. It is noted that the catalyst for change is scientific and technological progress and the rapid development of information and communication technologies. Particular attention is paid to the consideration of opportunities, opens the digital transformation of the legal system. At the same time, it is digital technologies that are able to return the true meaning to democratic procedures and institutions, the development of which has stalled in recent years. In particular, it is substantiated that it is precisely in the digital age that a window of opportunities opens up for overcoming post-socialist contradictions and transitioning to a post-capitalist future. It is noted that unconditional basic income can act as a way to resolve the main contradiction of capitalism - the contradiction between the social nature of the production process and the private capitalist form of appropriation.
74-81 756
Abstract
Scientific and technological progress has determined the digital transformation of information law subjects system. The concept of digital rights and new subjects of digital rights, changes in the content of such basic legal categories as the subject of law and legal personality are considered in the article. Digital rights, in a broad sense, are the rights to create and use digital objects, the rights to access and disseminate information in information and telecommunications networks. In a narrow sense, digital rights are rights, the content and conditions of which are determined by the rules of the information system, which must meet the criteria established by law. The traditional information law subjects system is characterized by the emergence of new subjects, the expansion of the legal status of the information intermediary, the lack of effective mechanisms of self-regulation and co-regulation in the digital environment. The development of the Information code of the Russian Federation will systematize the system of subjects of information law and their digital rights.

ПРАВОВОЕ РЕГУЛИРОВАНИЕ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА

82-88 769
Abstract
The author analyzes The National strategy for the development of artificial intelligence for the period up to 2030 adopted by the decree of the President of the Russian Federation. This normative legal act marked an important milestone in the development of regulation of this end-to-end digital technology. The author classifies all strategies in the field of artificial intelligence adopted in the world into three models. The National strategy of Russia refers to the first model, according to which the documents of strategic planning play a major role, the norms of direct action have a minimum «weight». A new conceptual approach in the field of artificial intelligence, the main directions of its use in Russia are analyzed.
89-96 394
Abstract
Various areas of robotics and artificial intelligence technology are developing rapidly around the world. One of the leaders in this area is the European Union. The European practice of legal regulation of the sphere of artificial intelligence technology can be perceived by the Russian Federation both for the purpose of synchronization of the Russian legislation with the international, and for improvement of positions of the national legislation Absence of the Federal complex law actualizes the raised subject. Objective: to investigate the main legal acts of the EU aimed at the development of robotics and artificial intelligence technology, to identify the negative factors of robotization of society and to propose its own definition of «artificial intelligence technology» as a legal category. Methodological basis: formal-logical and methods of systemic and comparative law. Results: the block of the main legal acts of the EU on strategic directions of development of technologies of artificial intelligence is investigated; negative factors as a consequence of robotization are revealed. Conclusions: the legal mechanisms for resolving the consequences of the use of artificial intelligence technology are determined; the author’s definition of artificial intelligence technology as a computer program or a system of such programs (information system) designed to simulate human intellectual activity is proposed.

ЦИФРОВИЗАЦИЯ ПРАВОСУДИЯ

97-104 874
Abstract
In this article, the term e-justice is analyzed, including in the context of moving most communications to the digital environment, as well as on the basis of a review of the systems that provide the trial today (GAS Justice, the automated information system of the Supreme Court of the Russian Federation, My Arbiter system, KIS SOYU, AIS “Justices of the Peace”) distinguishes characteristic problems without which electronic justice will not be possible to develop, including: lagging of the software component from modern standards; lack of technical support, especially in the regions; lack of a common interface and data exchange standards; rejection of the documentary form for the presentation of information as the basic for legally relevant information; ignoring the features of the digital environment. In conclusion, the authors propose solutions to these problems.

ПРОБЛЕМЫ ИНФОРМАЦИОННОГО ПРАВА

105-112 325
Abstract
The purpose of the work is the justification of the transmission of information as one of the research areas within the specialty "Information Law". The article provides a comprehensive look at the problem of understanding the legal regulation of the transfer of information as an integral part of Information law. The main ones are: the issue of highlighting Telecommunications Law (legal regulation of transmission of information) as an independent area in Information Law; the question of the necessity and sufficiency of the formation of a discipline of Telecommunications Law for the training (graduating) lawyers; the need to adjust the passport of the scientific specialty Information Law (12.00.13). The previously discussed issues of improving and codifying legislation on communications are beyond the scope of the study. The research methodology consists of: dialectical materialism, which is the main method in analyzing the situation and dynamics of the development of the Information Law industry; comparative analysis is used in the process of substantiation of educational disciplines in the educational sphere; the method of analogies along with the dialectic was used to justify the need to continue legal research in the communications industry without interrupting them from research in the information sphere as a whole. The result of the study is the justification of the need to highlight and continue legal research of relations in the communications industry. It is proposed to adjust the wording of the name of the passport of a scientific specialty, stating as follows: 12.00.13 - Information Law; Telecommunication Law. The results of the study can be the subject of scientific discussion, used to improve legislation, as well as to improve teaching aids.
113-120 255
Abstract
The idea of creating the legal branch called the «information law» appeared to be reasonable: in the most difficult times of the transition to the information society, the new branch has shown its ability to find the right path to the realization of the right to information, other rights and freedoms of individual. Information law by means of its sub-sectors and institutions allows to see the relationship between the various branches of law and to better understand the mechanisms of transition of constitutional rights to the plane of their practical implementation. The article shows the relationship of information law and its institutions with constitutional and civil law; attention is drawn to changes in the terminological apparatus of the sphere of mass communication; the article substantiates that mass media law as an institution of information law, being involved in the transformation of the media system associated with the emergence of «new media», requires a clearer delineation of the areas of legal regulation depending on the type of media. Based on the analysis of the media legislation of the CIS countries, two models of regulation of new media are identified: when the scope of the Media Law extends to both the media and online publications, and to Internet resources through which mass information is distributed and when The scope of the Media Law of the Internet does not apply. The European approach to the concept of media in the new environment is shown. A proposal has been made to improve media legislation regarding registration.

FOREIGN EXPERIENCE

121-128 304
Abstract
In this article, the author presents a study of the legislation of foreign countries regulating the legal aspects of artificial intelligence. The paper analyzes the authorized bodies of the considered law and order, which have competencies in the control, management and other actions for the implementation of artificial intelligence in entrepreneurial activity. The author believes that the development of artificial intelligence creates favorable conditions for the implementation of digital achievements and contributes to the competitiveness and welfare of those jurisdictions whose legislation is given in the work. In addition, artificial intelligence is an object and a basic category for the formation of unmanned vehicles, the development of medical technologies and other capabilities. The author supports the position that artificial intelligence is not only a part of the information system, but also a subspecies of the result of intellectual activity, since it has intellectual property rights common to all objects - this is creativity and novelty. It is concluded that artificial intelligence as an object of civil and entrepreneurial turnover, being a part of the information environment, contributes to the formation of modern sustainable economic growth of the “innovative economy”, which is based on intellectual resources, high technology and information technologies, efficient use and qualitative improvement of all production factors. In this connection, there is a steady tendency to increase the role of education, knowledge and innovation, which are a characteristic feature of the rapid development of both Russia and foreign countries.
129-136 827
Abstract
At the present stage of the development of unmanned aerial vehicles (UAVs), it becomes obvious that documents adopted by national and foreign government authorities in the field of aviation indicate that UAV flights in airspace are considered as a complete inevitability that requires understanding and legal regulation. This area becomes especially relevant in connection with the rapid pace of development of digital technologies, in particular, robotics and artificial intelligence. An effective, coordinated and approved by state regulators decision in the Russian Federation does not currently exist, despite the fact that recently adopted regulatory legal acts aimed at organizing and implementing UAV accounting. An analysis of the legislation of the Russian Federation shows that the key issues of UAV use (from the conceptual apparatus to the division of responsibilities) are not properly resolved. In this regard, an urgent task is to analyze the best foreign practices in the legal regulation of the UAV application sphere in order to find the optimal compromise between the needs of private consumers, business and the state regarding the use of UAVs in their activities, and legalize the relevant mechanisms in the legislation.

TRIBUNE FOR YOUNG SCIENTIST

137-142 478
Abstract
The article analyzes the implementation of information systems in the social security system of the Russian Federation. One of their new information systems is the EGISSO system, a unified state social security system. The author pays attention to the problems of legislation governing relations of a unified state information system for social security, shows the problem of the scope of categories of socially needy citizens, this information system does not reflect all categories of citizens who are subjects of social security relations. He proposes the creation of the Federal Law “On the Social Security System of the Russian Federation", where the conceptual apparatus is legislatively fixed: social security, socially needy, recipient of state social security service, provider of state social security service. To fix the mechanism, purpose, functions and tasks in a separate chapter of the Law. “EGISSO", to amend the wording of the concept of EGISSO, where it reflects not only a narrow circle of subjects, but reflects all participants in the relationship as recipients of public services for social security and a provider of public services for social security.
143-148 267
Abstract
This article discusses advertising as an object of information relations in the Internet and the field of information technology. It is proposed to expand the criteria for unfair advertising defined by the Federal Law of the Russian Federation of March 13, 2006 No. 38-FL «On Advertising» (hereinafter: the Federal Law «On Advertising») by adding expansive advertising to them. It is concluded that expansive advertising, in order to recognize it as such, must meet a number of criteria: obsession and undesirability for the advertising consumer, which can be expressed in unreasonably frequent repetition or in the undesirable content of the advertising provided. Also, the criterion of expansiveness is advertising that is provided to the consumer as a result of illegal collection of consumer information (data leakage on the Internet, spyware software for mobile applications, etc.). In addition, this study proposes ways to combat expansive advertising aimed at reducing its number on the Internet and in the field of information technology, for example, by setting limits and restrictions.
149-155 219
Abstract
An attempt is made to consider the specifics of special objects of information legal relations in the field of librarianship. It is suggested that the main object of information legal relations in this area is library information. It is stated that another object of information legal relations in the field of librarianship is a library information resource, which is a material form of library information. It is argued that the next object of information relations in the field of librarianship is the library Fund, which is a form of storage of library information and library information resources. The features of such a special object of legal relations in the library sphere as an electronic library, which is a key element of the electronic library environment, are considered. It is concluded that knowledge of the specifics of special objects of the library sphere is necessary to improve its legal regulation in the conditions of digital transformation and building a knowledge society in Russia.
156-162 297
Abstract
The article offers an analysis of the role of legal incentives in legal regulation mechanism of information relations. The methodological basis of the work is a systematic approach, methods of analysis and synthesis, comparative law. Results: There are different approaches for understanding and correlation conceptions of legal regulation mechanism, legal means, method of legal control, legal regime. That's why functionality and role of legal incentives distinguish in legal regulation mechanism. Legal regulation mechanism's efficiency depends on right chosen for corresponding to its aims legal means and right determined elements of legal mechanism system. Accordingly, stimulation in information sphere suppose influence on interests of information relation subjects by positive positive legal means. Only by this way it is possible to rise activity and develop information action in right direction according to state policy
163-169 394
Abstract
The article addresses a number of issues facing the legislator in the field of innovation. The legislative regulation of innovation activities in the territory of the Russian Federation is assessed, the place of “artificial intelligence" and other “technologies"in the legal environment is determined, the need to maintain a balance between freedom of creativity and security of the individual, society and the state, the need to distinguish the legal regulation of science and innovation is noted. The impact of the international legal regulation of innovation activities on the formation of the digital economy and the implementation of the provisions of national strategies and programs in the Russian Federation is noted. At the same time, emphasis is placed on the absence in the Russian Federation of a modern legal regulator capable of stimulating and combining "science" and "business" in order to integrate innovation into the international market. The author proposes to develop a single legal field in the economic space of friendly EAEU countries, for example, the approval of the Declaration on Cooperation in the Field of Artificial Intelligence in the EAEU countries.

КНИЖНАЯ ПОЛКА: ОБЗОР. РЕЦЕНЗИИ

170-172 687
Abstract
The article is devoted to the collective monograph “Legal regulation of digital technologies in Russia and abroad” published in 2019 under the General editorship of A. V. Minbaleev, doctor of law, acting head of the sector of information law and international information security of the Institute of State and Law of the Russian Academy of Sciences. The monograph is based on the research results of the RFBR research project 18-29-16014 “The place and role of legal regulation in the development of digital technologies, legal regulation and self-regulation”. Perspective directions and problems of digital technologies development in Russia and abroad are considered in the monograph.
173-175 179
Abstract
The article is devoted to the collective monograph “Legal regulation of information security in the conditions of big challenges in the global information society” published in 2019 under the General editorship of T. A. Polyakova, Doctor of law, Professor, acting head of the sector of information law and international information security of the Institute of State and Law of the Russian Academy of Sciences. The monograph is based on the research results of the RFBR research project 18-29-16013 “Study of conceptual approaches to the formation of the system of legal regulation of information security in the conditions of great challenges in the global infor mation society”. It reflects the problems of legal provision of information security in the conditions of great challenges in the global information society.

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)