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Courier of Kutafin Moscow State Law University (MSAL))

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No 2 (2020)
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EXPERT OPINION

28-35 529
Abstract
The article contains analyses of the immunity of foreign states in the context of French legal practice. There are also cases of adoption of new legal norms to strengthen the state immunity of France.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ВОПРОСЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ИННОВАЦИЙ

36-42 1533
Abstract
In 2018 the use of artificial intelligence (AI) algorithms in European judicial systems remains primarily a private-sector commercial initiative aimed at insurance companies, legal departments, lawyers and individuals. The European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe in the 4 of the december 2018 has adopted the first european text setting out ethical principles relating to the use of artificial intelligence (AI) in judicial systems. The Charter provides a framework of principles that can guide policy makers, legislators and justice professionals when they grapple with the rapid development of AI in national judicial processes. Aside from the benefits for copyright traceability and management, blockchain can also become a central means for protecting digital assets and provide the rightholder with the ability to pursue civil and criminal remedies. The Anti-Counterfeiting Blokathon Forum on 2018 takes forward its works on using blockchain to cocreate the future EU anti-counterfeiting infrastructure. Could blockchain live up to the challenge? Any future anti-counterfeiting blockchain solution must comply with Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights, and with Ethical Charter made from CEPEJ in the 2018.
43-52 724
Abstract
This article examines the development of artificial intelligence in terms of its impact on the sphere of human activity, in particular, issues arising in connection with the copyright to works created as a result of close interaction between artificial intelligence and human. It also presents cases of occurrence of these problems and basic approaches to their solution from a legal point of view.
53-57 3703
Abstract
Crypto currency, bitcoins and virtual currencies are topics the scientific community has been discussing for years. The Bank of the Russia has repeatedly warned about high risks of investments in crypto currencies and risks in its turnover. Populations of many countries continue to lose their investments in virtual currencies, which are positioned by their developers as tamper-proof. However, there is still a vacuum in the legal regulation of crypto currencies and the legitimacy of their use as legal payment. The article presents the author’s view on a number of issues arisen in the process of crypto currency, bitcoin, digital and virtual currency use and presents ways to solve them in the context of Russian and world experience.
58-69 378
Abstract
The regulation of convertible virtual currencies (for instance Bitcoin) is an area both of global cooperation and global competition. On the one hand, virtual currencies create serious problems of payment for illegal transactions, money laundering, tax evasion, and consumer fraud. On the other hand such currencies, have the potential to lower the costs of commercial and consumer transactions and to facilitate international trade. Both dealing with the problems and realizing the potential of virtual currencies require international cooperation.
There is no uniformity in national legislation on virtual currency. A recent survey of over 100 countries showed a wide variation in both the amount and methods of regulation 2 . While, at this stage, experimentation with various types of regulation may help discover better ways to deal with this currency, on the other hand, there is a real danger that some countries will be come unregulated virtual currency havens where the worst aspects of virtual currency can flourish.
This article will look at United States law, and also at existing and needed international cooperation in the areas of taxation, investor protection, consumer protection, monetary regulation, and crime prevention.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ПРАВО И МЕЖДУНАРОДНАЯ ТОРГОВАЯ ДЕЯТЕЛЬНОСТЬ

70-80 308
Abstract
The article focuses on the study of the protection of more valuable corporate assets. It presents the most appropriate ways to provide such protection, to create a well-organized and effectively implemented program of project development.
81-94 358
Abstract
The article considers new apects of attraction of french law for international trade in terms of its impact on economic and political spheres, in particular, the issues arising from intense competition in the market. There are also cases where French law in international trade has some influence in our time.
95-108 291
Abstract
The article is devoted to the problems of government regulation and supremacy of law as well as situation of international investment regime in developing countries. The author explores problems of investment treaties and compares existing ways to protect investments on regional level in different countries. There is detailed overview of investor-state dispute settlement mechanisms. The issues are presented from the perspective of developing countries, in particular the African continent. The general conclusion is that for efficiency development of infrastructure by enhancing industries investments it is necessary to increase regional regulation as well as regionalization of regulatory bodies and agencies.
109-117 372
Abstract
This article covers the peculiarities of the legal status of state and public companies. Similarities and differences between these types on the part of government participation in their management. Also, it provides survey of the similarities and differences between these types from the state involvement in their management.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. СРАВНИТЕЛЬНЫЕ ПРАВОВЫЕ ИССЛЕДОВАНИЯ

118-127 362
Abstract
The article examines the integration of social and environmental responsibility into legal concepts, in particular, issues arising from the problem of the application of the French law of 2017 “On the duty of due diligence”.
128-132 412
Abstract
The article considers the problem of patenting human genes, encouraging the development of scientific inventions in the commercial field, the increase of investment attractiveness of research. It provides cases of these problems and the main approaches to solving them from the legal point of view.
133-159 375
Abstract
Imports of goods at less than an average market price can be very harmful to fair competition and to the economies of the importing Country. The European Union has established since 2016 a standard set of regulations for its member states in order to identify dumped imported goods and apply duties to redress the situation. People Republic of China, due to its importance as exporter of goods in the European Union, at a price liable to be defined as “dumped” has been the subject of the overwhelming majority of duties leveled at dumped imports. Such a conflicting situations can be solved either applying standard international law negotiations and agreements, either making recourse to the tools offered by European Union’s regulation from the affected companies exporting goods to European Union’s member states.
160-172 304
Abstract

The home prison penalty is currently a part of the sanction system in the Slovak Republic and serves as a manifestation of so-called restorative justice. Restorative justice is represented by alternative sentences that are distinguished from real imprisonment for minor offences. Alternative penalties may include penalties that do not involve the deprivation of liberty associated with the isolation of a convicted person. The advantage of alternative sentences is that the offender is spared the destructive effects of imprisonment. The offender is not exposed to the negative aspects of this punishment and remains integrated into the society, being able to continue to maintain social, family and working relations, which can significantly improve the protection from the offender.

At present, there are many unresolved issues regarding the execution of the punishment of home prison penalty, especially its execution through electronic monitoring, including the protection of personal data obtained through electronic monitoring equipment. Thus, the purpose of this article is to focus on these issues and present the authors’ views.

173-191 338
Abstract
The article provides an overview of the reform of the surveillance system in the People’s Republic of China. The establishment of the supervisory commission is conducive to the integration and optimization of anticorruption forces and building up a centralized, unified, authoritative and efficient supervision system. However, the anti-corruption mechanism has also moved towards centralized from decentralized, and the mixture of powers with different natures has increased risks and uncertainties in the process of supervision. On the one hand, the balance of legal powers among state organs is touched; on the other hand, it is not conducive to the protection of rights of the investigated.

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