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No 4 (2020)
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EXPERT OPINION

26-40 634
Abstract
Modern technologies and new management concepts — industrial and product platforms — create breakthrough innovative products and services based on the integrated integration of Artifi cial Intelligence, Big Data and the Internet of Things. The cost of communications has plummeted over the past decade, making network and system integration less expensive. Platforms are the physical embodiment of networking. They take traditional production to digital footing, lowering production costs and turning products into services that provide greater profi t. Platform law could become a mechanism for the network interaction of Artifi cial Intelligence, Big Data and the Internet of Things. It should be like integration law, but permeated, in accordance with its updated nature, scientifi c, technological and information-digital algorithms of legal relations and interactions. To meet the requirements of the time, legal institutions must change — the dominance of platform business models creates new legal relations and the need to seek new content and new legal forms of institutional regulation of changing social relations. The legal fi eld of platform business models is in a constant search for a balance between innovations (technologies + economics) and their legal regulation.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ СРАВНИТЕЛЬНОГО ПРАВА

41-49 494
Abstract
The article is devoted to the role of legal culture in the development of model of rule-of-law State. The author considers the concepts of these social phenomena. Rule-of-law State and Constitutional state are also compared. In the process of the research, peculiarities of model of rule-oflaw State in certain legal systems are discovered. The author uses national and foreign legal experience.

ПРОБЛЕМЫ ИНТЕГРАЦИИ И ИНТЕРНАЦИОНАЛИЗАЦИИ ПРАВА И ПРАВОВЫХ СИСТЕМ В СФЕРЕ ГЕНОМНЫХ ИССЛЕДОВАНИЙ

50-56 366
Abstract
The author of the article analyzes various legal empirical aspects of the transformation of the legal map of the world in the context of the Fourth Industrial Revolution. It is concluded that, by analogy with Graeme Simsion’s novel, these empirical aspects might be metaphorically described as the “Rosie eff ect” which is characterized by a dialectic unity of the social and the biological through Hegel’s law of the “unity and struggle of opposites”.
57-67 749
Abstract
The article examines the world experience in the legal regulation of biomedical research, in which people are participants and during which problems of an ethical nature arise. The situation in the process of dissemination of foreign practices in the fi eld of legal institutionalization of bioethics in the Russian Federation is analyzed. Based on the material of Russian legislation, basic concepts of bioethics are explicated, such as the “gray zone of ethics”, “ethics committee”, etc. An example of the organization of bioethical examination to assess the possibility of genetic research is considered, for which geneticists, philosophers, and managers combine their eff orts , journalists, and the examination itself and its results are covered in detail in the media. The necessity of adapting foreign experience to Russian realities both in the fi eld of law and in other areas of social life is substantiated.
68-78 659
Abstract
This article is devoted to the analysis of diff erences in approaches and in choice of tools at the international (universal) and European (regional) levels of interaction between states in the regulation of relations in the fi eld of genomic research and the implementation of their results. The article analyzes specifi cs of approaches at the universal and regional level, including activities of the UN family bodies, the Council of Europe, the European Union in the fi eld of protecting human rights and human genomics. Special attention is paid to the role of international soft law in the development of legal regulation (self-regulation) in the mentioned fi eld. The materials of the article can be useful both in theoretical and practical jurisprudence, and may also be of interest for other areas of the human genome research (bioinformatics, medicine, human reproduction, etc.).
79-87 559
Abstract
The article analyzes the experience of developing legislation on the activities of biobanks in foreign countries and Russia, highlights the main approaches to regulation, key legal principles and institutions, puts forward suggestions for improving Russian legislation in this area based on foreign experience.
88-96 488
Abstract
The article is devoted to the issue of genetics education considered as a narrowly focused education. The goals of the article are: (a) to build an understanding of the necessity of education in the fi eld of genetics; and (b) to examine laws and regulations related to genetics research in diff erent legal systems from the perspective of comparative law. The article presents the analysis of genetics education models based on the cases of the USA, France and Russia. It is also focused on requirements for and essential components of genetics education; modern examples of genetics education and genetics legislation. The article explains the necessity for the development of a web-portal titled ‘Genetics and Law’. The discussion of the necessity for genetics education is based on the concept of liability law.
97-107 444
Abstract
This article presents an analysis of the main judicial decisions of the United States of America, which refl ects bioethical issues related to such a specifi c area of medical knowledge as embryology. It was established that the decisions of the American courts formulated a number of approaches to determining the rights and obligations of spouses in connection with the disposal of human embryos. The authors concluded that in the absence of direct legislative regulation, judicial practice for each specifi c case will outline the criteria for the implementation of reproductive rights.
108-113 355
Abstract
The current level of scientifi c knowledge and understanding of the genome, as well as the level of human computational capabilities, form new, so-called «post-genomic technologies» for genome research. The results of such studies can be used in diff erent areas of human life and society, for example in criminology, including solving crimes. And there may be both positive and negative legal consequences. Genetic research is an extremely useful tool for crime investigation. But it is still unclear to what extent law enforcement agencies should be able to obtain genetic data stored in public and private databases, and how this may aff ect human rights in the future.

ПРОБЛЕМЫ ИНТЕГРАЦИИ И ИНТЕРНАЦИОНАЛИЗАЦИИ ПРАВА И ПРАВОВЫХ СИСТЕМ В СФЕРЕ ЦИФРОВЫХ ТЕХНОЛОГИЙ

114-120 556
Abstract
Aspects of the application of digital technologies are examined, in particular, their impact on human rights. The current content of digital technology law is analyzed in terms of the real possibility of realizing the rights and freedoms of man and citizen, including in complex information systems. The conclusion is drawn on the need to analyze the application of technology with a view to achieving a balance of possible benefi ts for society and potential violations of human rights, as well as taking measures to regulate such use, in particular, documentation. Thus, it is possible to leave the possibility of real realization of human rights.
121-128 593
Abstract
This article is devouted to the analises of legal approaches to the regulation of artifi cial intelligence in the European Union and its member states. The European Union, Austria, France and Germany legal regulation analysis shows that at that moment there is no single approach regarding the legal regulation of artifi cial intelligence and robots. So, current legal rules are not fully applicable in the scope of contractual liability, that creates need for the adoption of new eff ective standards meeting modern technological achievements and innovations. There is important role of ethical and legal issues associating with risks in the fi eld of human rights and fundamental freedoms, issues developing ethical principles in artifi cial intelligence algorithms. The single legal European approach will help to avoid fragmentation of the EU Member States legislation and will expand the possibilities of mutual recognition in the cross-border use of robots and robotic systems.
129-136 1351
Abstract
The article identifi es the defi nition and legal nature of cryptocurrency mining, raises the question of whether mining is a business activity and in which cases it becomes the object of legal regulation. The concept of mining is compared with similar phenomena — banking, securities issuance, money issuance by Central banks, on the basis of which a conclusion is made about the features of this business line.
137-144 344
Abstract
Innovation is seen as the main source of competitiveness in the European Union. The European Commissioner for Research, Innovation and Science, whose legal status and competence are the subject of analysis of this article, plays a direct role in ensuring the harmonious sustainable development of science and technology.

СРАВНИТЕЛЬНОЕ КОНСТИТУЦИОННОЕ И МУНИЦИПАЛЬНОЕ ПРАВО

145-154 3425
Abstract
European Union aiming at accelerated integration has done a lot of strategic and tactical mistakes. The most serious among them are liberal immigration policy and expansive judge-making of the European Court of Justice. Eurasian Economic Union has a chance to avoid pernicious mistakes of the EU. It´s important to limit the power ambitions of the executive organs and its Court. Cosmopolitan liberalism must be curbed and ideology of national self-esteem is necessary to cultivate.
155-162 609
Abstract
The ethnic factor is important in the development of federalism. ethno-linguistic architecture and cultural-religious structure are the main elements. Switzerland and India are diff erent models of ethnic federalism. The Swiss model of federalism is cantonal-communal. Switzerland consists of 26 cantons; there is a multi-ethnic composition of the population. Switzerland escaped ethnic separatism. The state has centuries of experience in reconciling linguistic and cultural diff erences. The Indian model is postcolonial. The state is multi-ethnic. Indian federalism is highly centralized. India has a unique ethnic, linguistic and religious composition.
163-169 416
Abstract
The article deals with problems of administrative (state) control over the activities of local authorities in the countries — members of the European Union. The author stresses the importance of such control for securing the proper functioning of public bodies, including those at the local level. The signifi cance of administrative control is also determined by the commitment to the principle of equality and the maintenance of certain minimum standards of services rendered to the population irrespective of the place of living.
Administrative control in the final result acts as a kind of a counterweight to those fairly broad rights that have been given to local communities in democratic countries. The state control over local government acquires additional importance also in the light of the increasing integration in the countries — members of the European Union, where sub-national authorities have to implement European legislation. The author reveals the mechanisms of such control and stresses the importance of observance of common democratic principles while performing it. Otherwise the implementation of state control prerogatives may be turned into the instrument of excessive centralization of power, the means of suppression of local initiative and municipal bodies’ autonomy.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

170-176 844
Abstract

The article presents a comparative legal analysis of various approaches to the classifi cation of science in modern legal systems.
It is established that else where the legal classifi cation of science is based on two main criteria — the purpose and the subject-matter of scientifi c research. Several legal systems employ additional criteria such as the mode of fi nancing of scientifi c research and its importance for State and society.
Part I of the article deals with the main approaches of various legal systems to the purpose-oriented (teleolofi cal) classifi cation of science, including legal defi nitions of such concepts as «fundamental» («pure fundamental» and «oriented fundamental»), «applied», «industrial», «prospective» research.

TRIBUNE FOR YOUNG SCIENTIST

177-182 342
Abstract
The article is devoted to some issues related to the doctor’s duty to inform the patient’s relatives about the results of genetic tests; attention is paid to ethical and legal issues.
183-190 375
Abstract
It seems possible to consider the features of the “eastern” approach to the procedure for fi nancing scientific and technical research using the example of the current regulation of state support for these areas in China. A set of measures to fi nance science, technology and innovation in China, among other things, has now led to what is commonly called the “Asian miracle”, including due to reasonable measures for balanced support of research teams, research institutes and the establishment of a clear administration system.

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ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

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