A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
EXPERT OPINION
In the article, the authors consider the main features of the introduction of digital innovative methods in educational activities, as well as the significance of their application for teaching foreign students. The transition to a digital society in which information and knowledge are the main social values means radical changes in the educational system. Study of education issues in a digital society has shown a direct relationship between international cooperation and continuous education system, because in the context of the study features of education in the information world the idea of education throughout life, continuing education, needs to obtain a new vector of development. The article highlights the main problems in the development of academic mobility programs for students and solutions, as well as criteria for the effectiveness and profitability of an educational program for international students. The main features of the introduction of digital innovative methods in educational activities are also analyzed. It is noted that modern educational technologies based on artificial intelligence are increasingly being implemented in universities and other higher education institutions, complementing existing educational programs and transforming them into innovative digital ones. The article describes the forms of introduction and use of artificial intelligence and its functions in higher education. The transformation of educational relations is largely associated with the transformation and use of new digital educational technologies. The article describes the traditional and new digital educational technologies.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Новейшие направления развития современного права
The article deals with a unique legal phenomenon that requires regulation in the context of protecting the rights of inventors to the results of scientific activity — patent trolling. Due to the imperfection of the patent system and patent legislation, the subjective rights of “bona fide inventors” in the field of scientific and innovation activities are constantly violated by “patent trolls”. On the example of the law enforcement practice of the United States of America, legal methods of countering this phenomenon are illustrated, the conditions conducive to its occurrence are analyzed. A conclusion is presented on the need to take into account the experience of the United States when amending the legislation of the Russian Federation on patent protection. It is noted that in the era of the fourth industrial revolution, the issue of combating “unscrupulous” copyright holders becomes one of the most acute. The criteria for assessing the “bad faith” of a patent infringement claim, developed by an American legislator, can become the basis for the development of similar legal norms on Russian soil and throughout the post-Soviet space.
The use of artificial intelligence in France is growing and intensifying in many areas, particularly in the field of justice. This revolution create problems with the liability and intellectual property of systems using artificial intelligence.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Зарубежный опыт правового регулирования экономической деятельности
The analysis of the most recent Eurostat data shows that in March 2020 industrial production in the 19 countries of the Eurozone recorded a historical slump, decreasing by 11.3 % compared to February and by 12.9 % compared to a year earlier. The COVID-19 health emergency has led to the urgent need to take a political position on the right to health of prisoners in Italian prisons. The UE legal framework will therefore have to comply with the decision of the ECHR Marcello Viola v. Italy on “the right to hope”, jurisprudence that does nothing more than reaffirm the primacy of UE jurisprudence over national jurisprudence, even in the pandemic emergency context.
In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.
Entrepreneurship is the main bearer of economic activity, which is why the company is central to public life, and moreover, the entrepreneur is recognised as the soul of the company. However, some entrepreneurs, unaware of the rule of law and responsibility, take risks in areas such as corporate finance, financial management, trade and product quality, which leads to an increase in crime among entrepreneurs, which to some extent limits the development of market economies. Entrepreneurial crime as a negative social phenomenon reveals institutional weaknesses in the functioning, management, control and other links of enterprises. In order to overcome previous risks, improvement of the concept, mechanism, organisation and methods of legal risk management should be organically combined with the production and management of the enterprise in order to form a system of prevention and effective prevention of entrepreneurial crime.
The article examines the essence and the main trends of constitutional and legal regulation of the Chinese economy at the turn of the 20th and 21st centuries. One of the obvious consequences along the way is the tendency to revive and enhance the role of “socialist law with Chinese specificity”. In the era of reform, the 1982 Constitution of the People’s Republic of China and the laws as the basis of the legal regulatory mechanism in various spheres of Chinese society, including the economy, are important. The peculiarities of building China’s legal system, including the reasons for a small share of state laws, are revealed. The analysis of amendments to the Constitution of the People’s Republic of China allows us to see the main features of the consistent development of constitutional and legal regulation of economic relations “with Chinese specificity” expressed by the constitutional principle of the “socialist market economy.”
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Безопасность личности: международный опыт
The authors of the article analyse the new Brazilian legislation on domestic violence and its results. In the first two decades of the 20th century, the Maria de Penha Law on Domestic Violence of 2006 and the Law of 2015, which introduced the concept of “feminicide” into the Criminal Code, were adopted as a result of changes in the political situation and the transformation of Brazilian society. They laid the foundations for the creation of a legal model aimed at confronting the crimes of men against women (wives, mothers, daughters, girlfriends, mistresses) who live with them in Brazil. The main objective of these complementary laws was to provide women with a higher level of social protection, not only in public space but also at home.
The paper deals with selected issues of Polish family law, concerning legal relations between parents and children. The Author presents basic provisions which refer to parental authority over the child, indicating in particular components of parental authority, the statutory directives determining the manner of it’s exercise and the legal grounds for limitation, deprivation or suspension of parental authority by a court judgment. In the paper the Author also presents the most important issues relating to legal regulations of contact of parents with the child and mutual maintenance obligations between parents and children.
The article considers the mechanisms of “defensive” remote control in labor relations. It analyzes different methods of collecting personal data and the purpose of their use in labor relations, as well as the impact of digitalization on labor relations and the variety of control tools. The author investigates the boundaries of remote control in the ECHR case law, including the decisions of Italian courts in the field of video surveillance and suppression of illegal behavior of employees. The author concludes that a new and more specific legislative regulation of the employer’s remote control is needed.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Сравнительно-правовые исследования
The author focuses on various aspects of the technological development of society and their impact on the legal sphere. Fintech, smart contracts, mechanisms of digital consulting on the securities market, shering technologies and other innovative components of modern legal realities have been reflected in comparative legal research of approaches to legal regulation in Italy and Europe.
The purpose of this article is to study the possibilities of using operational-search information in criminal proceedings in the Slovak and Czech Republics. The author analyzes the current legislation on the issues under study in the context of criminal procedure law. The purpose of the study is to analyze and justify the possibility of using the results of operational investigative activities in criminal proceedings, mainly in the collection of evidence in both countries. Comparing the legal norms, the author came to the conclusion that the use of operational-search data is possible and applicable in the criminal proceedings of the Slovak Republic, including as evidence. In the Czech Republic, the current situation is different: operational data cannot be used as evidence. At the same time, preparations are currently underway to amend the legislation. Under the current circumstances, it can be expected that the importance of operational investigative data in criminal proceedings in both countries will increase.
The article deals with the problems of notions application by the carriage of goods by different types of transport. The absence of single approach both in theoretical part and in legislation base creates in Russia the ambiguousness of the definition of such notions as “multimodal transportation”, “intermodal transportation”, “direct mixed transport”, “mixed transport”, “combined transport”. Authors view existing approaches in Russia and abroad and make the correspondent conclusions.
The article considers the problems of legal regulation of crowdfunding in Russia, as well as in the USA and the European Union. The concepts of crowdfunding and related terms (platform, network) are disclosed, the advantages and risks of such investment platforms to raise funds to finance projects, including using artificial intelligence technologies, are shown. Particular attention is paid to the consideration of existing legislative norms regarding the regulation of modern investment mechanisms, especially crowdfunding. Based on the results of the study, conclusions and recommendations on the development of legal support for platform financial solutions are formulated.
DIGEST OF THE FACULTY ACTIVITIES
ISSN 2782-6163 (Online)