A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE. Digitalization of Civil Circulation
Based on the basic principles of the science of civil law, the author analyzes the features of the electronic form of transactions and the problems of electronic interaction between the parties to the agreement on the alienation of real estate. The issues of using various types of electronic signatures when making real estate transactions are considered. The norms on the creation and issuance of certificates of electronic signature verification keys, about the certification centers and their powers in the Law on Electronic Signature are analyzed. The problems of using online services for the purchase and sale of real estate are revealed, as well as possible risks of loss of confidential information and illegal alienation of real estate. It is concluded that it is necessary to create a legal mechanism for the participation of credit institutions in real estate turnover and establish strict rules for remote real estate transactions.
VECTOR OF LEGAL SCIENCE. Innovative Cooperation
The implementation of state-significant tasks in the field of scientific and technological development implies the need to apply effective options for legal regulation of relations arising within the framework of innovative cooperation and technology transfer, as well as the search for optimal ways of legal registration of emerging structures and formations. The concept of technological development for the period up to 2030 provides for the consolidation of a new organizational and legal form in Russian legislation in order to integrate research and production and technological activities — a research consortium, which is entrusted with the mission of implementing large-scale projects. The article highlights the features inherent in such associations, and substantiates the insufficiency of existing civil law models for their adequate regulation. The possible means of legal support for research consortia are also considered, taking into account the possibility of their formation on a contractual basis and as a subject with the rights of a legal entity, including the directions for the development of legislation in order to adequately organize research consortia and effectively regulate their activities.
The article discusses the legal regulation of capital placements for the development of the country’s economy. The concept of investment from different legal positions has been defined. Investigated the legal regulation of investment activities in Russia. Attention was paid to the issues of guaranteeing and protecting the rights of foreign investors along with Russian investors in the Arctic. Special entrepreneurial areas of investment activity in the Arctic zone of Russia have been highlighted. Crowdfunding is considered as a quick way to attract international capital for the implementation of various projects. A number of mitigations of external, internal investors in the Arctic have been proposed, as well as the establishment of a certain investment period in the country’s regulatory legal act — this is an important point for attracting investors in the Arctic. It was concluded that it is necessary to adopt a comprehensive federal law in the future.
VECTOR OF LEGAL SCIENCE. Neurolaw
Conceptual and legal problems arise as a result of the integration of a person with objects of the outside world through neuroprosthetics. Legal norms are differentiated into provisions defining the legal status of persons and the legal regime of objects. In the generally accepted understanding, the bodily boundary separates a person from objects of the outside world, and thus determines law enforcement. The development of neurotechnologies blurs the once clear line between an individual and the objects surrounding him, between the subject and the object of a legal relationship. As a result of the commission of an illegal harmful action against a neuroprosthesis, the question of whether the victim’s personality or property has been harmed is being actualized. The answer to it determines the nature and content of the rights belonging to the subject, as well as the measures of protection and liability that can be applied in case of violation. Damage to the neuroprosthesis, regardless of the degree of its physical integration with the patient, entails a disorder or loss of body function restored through the prosthetics system, in connection with which its qualification as harm to health is justified. A functional approach to understanding the boundaries of a subject of civil law is argued.
The article proposes, by analogy with the existing idea of creating a general legislative dictionary, to develop and implement a normative legal dictionary in the field of neuro-law. At first, such a dictionary could serve as a guideline for further research of neuropathology, but later, if necessary, it could become the basis for the legal consolidation of certain terms necessary for the further introduction of neuropathology as an independent legal branch of knowledge. It is proved that initially the general legislative dictionary on the field of neuroprotection could be adopted at the level of a decree of the Government of the Russian Federation, adopted on the basis of proposals from the scientific community, as well as various public authorities. Subsequently, it could become part of a higher-level regulatory act. In addition, the article examines the main terms that could become the basis for the formation of such a legislative dictionary and in the future, for the formation of a new branch of legislation — neuro-law. In particular, the article analyzes the concept of neuro-law, neurotechnology, neural networks, neuropsychology and others.
VECTOR OF LEGAL SCIENCE. Transport Law
The article is devoted to the implementation of blockchain technology in transport transactions and the impact of this technology on the features of concluding and executing transactions in the transport sector. Blockchain technology is a key element of smart contracts, as a type of electronic transactions in the transport sector. Blockchain technology provides new opportunities for the security of concluding transactions, but the key issue in regulating such transactions is the identification of transaction subjects, as well as data protection from unlawful encroachment. A smart contract allows the full use of artificial intelligence technologies in the transport sector both for concluding and monitoring the execution of a transaction.
The problem with regulatory frameworks is that most countries do not have specific regulations, but allow the use of blockchain-based tools, such as smart contracts and electronic bills of lading. However, recent changes to digital asset legislation, allowing for settlements in cryptocurrency, indicate a trend towards permissive regulation of blockchain technology, which will lead to greater adoption of this technology in the transport sector.
Intelligent transport systems (ITS) combine modern information, communication and telematics technologies, are designed for automated search and adoption of effective scenarios for managing a transport complex, a specific vehicle or a group of them. The intelligent transport system has a complex composition, a multi-level structure, while ITS work is based on processing large amounts of information in real time. In this regard, the intelligent transport system, according to its characteristics, falls more under the definition of a complex result of intellectual activity. However, if we consider ITS as an information system, then the latter also includes technical means, which include equipment, devices, devices, etc., necessary for storing and processing information. Today, the legal regime of ITS is not clearly defined, although work is already underway on their implementation and further development, in connection with which the solution of this issue is relevant, including in connection with the need to determine the structure of contractual relations, as well as the responsibility of participants arising from ITS or in connection with its use of legal relations.
VECTOR OF LEGAL SCIENCE. Conceptual Aspects of Civil Law
A comparative legal analysis of the norms of the three codifications of civil legislation on the issues of objects has been carried out. The influence of various doctrinal concepts on civil codes is revealed. The consequences of mixing the concepts of “things” and “property” are shown. The advantages and disadvantages of digital objects in the system of property rights are highlighted. Defects have been identified in the modern consolidation of the classification of objects by turnover. The classification of objects according to their intended purpose and legal regime is considered. The disadvantages of the legal division of objects into movable and immovable, the “blurring” of the latter category are identified. Attention is paid to the impact of the development of economic activities on the objects of civil rights. The connection of intangible benefits in the system of objects of rights with the tendency of socialization of private law is shown. The differentiation of Results of intellectual activity and rights to them is positively assessed, and the displacement of the classical term “creative activity” by the category of “intellectual activity” is criticized. The classification of civil legal relations according to the role of such an object as information is proposed.
Conclusions are drawn about the progressive development of civil law and legislation, the expansion of the range of objects of law in the codifications of civil legislation, and the improvement of norms on their legal regime. Some shortcomings of legal regulation have been identified. Targeted doctrinal studies and preliminary testing of new legal norms on pilot projects are proposed.
The image and reputation of the state are considered an integral part of the spiritual sovereignty of the state. The image is embodied in a static symbol; on the contrary, image and reputation are associated with the activities of the subject. The image is deliberately modeled, and the reputation is formed as a result of an external assessment of the subject’s behavior, but can be changed, including due to a specially developed concept. Civil legal methods of protection are grouped depending on the type of offender (Russian or foreign citizens, organizations, representatives of state authorities and local government). Among the methods of protection, special attention is paid to self-defense in the form of a response from a public entity, in relation to which defamatory information that does not correspond to reality is widespread. It is proposed to supplement Article 152 of the Civil Code of the Russian Federation with a special clause, which will formulate methods for protecting state and municipal entities.
Taking into account the discovered statistics, property developers are ‘leaders’ among debtors turning to bankruptcy proceedings. This article is aimed at finding and analysing information on the reasons for such a state, measures taken to overcome the crisis phenomena and proposing the author’s ideas on the topic of resolving the identified problems. Taking into account the study of foreign legislation, as well as the latest regulatory changes on this issue, the conclusion is proposed that it is necessary to use certain legal mechanisms to prevent bankruptcy of the developer. Such measures may include: conclusion of an insurance contract, inadmissibility of unilateral cancellation of the contract, crediting on favorable terms, admissibility of performance of obligations by a third party, and so on. In addition, the interconnection of construction relations with other spheres of social life is emphasized, as a result of which the applicable regulation should apply not only to developers themselves, but also to persons related to them — construction participants, banking and credit organizations, insurance organizations, etc. In other words, support should be provided to developers, as well as to the construction industry. In other words, support should be provided to each ‘link’ of such a system. The article also states that all legal instruments of assistance should be applied before the introduction of judicial bankruptcy proceedings, because in the framework of the bankruptcy process the effectiveness of the latter is significantly reduced.
VECTOR OF LEGAL SCIENCE. Contract law
The demand for this type of insurance, such as commodity-material values (goods) in turnover is increasing. This is caused by an increase in the concentration of material resources in warehouses and distribution centers due to the activation of trade through marketplaces and online stores and large cases of loss of goods. Significant losses that may arise from sellers and intermediaries encourage business practices to enter into insurance agreements with special conditions depending on the purpose of insurance. If the purpose of insurance is to protect the property interest of the creditor then such contracts usually provide for a condition on the non-reduced balance of the pledged goods. In the case of concluding an insurance agreement for the purpose of maximum protection of interests (at the upper or middle limit of the value of goods in turnover) judicial and business practice, given the lack of legal regulation of insurance relations, does not currently have unified positions regarding a number of conditions of such agreements: what features of the insured object are necessary and sufficient for its individualization; how to determine the essential condition of the agreement and the insurance amount if the insured value of goods in turnover is variable; and finally what rules should be applied when calculating the insurance indemnity.
VECTOR OF LEGAL SCIENCE. Intellectual Property Law
The authors of the article analyze the situation with depositing in the current legislation, propose a procedure for classifying depositing in the context of digital challenges. They reveal the peculiarity of new digital platforms (terms) for the organization of deposit work. They consider the terms existing in science: digital depositing, electronic depositing, online depositing, depositing using web platforms, websites, web depositories, depositing using blockchain platforms, blockchain technologies, distributed registry systems, depositing using NFT technologies. The following terms are proposed for discussion: internet depositing, blockchain depositing, cryptodepositing, NFT depositing. The article provides options for classifying depositing on such grounds as the degree of confidentiality of the depositing (which assumes that the depositary has or does not have certain obligations within the framework of legal relations on depositing), the use of digital technologies during depositing. They also offer classification options for digital depositing (depending on the use of the Internet), Internet depositing (depending on the use of blockchain technology) and blockchain depositing (depending on the use of NFT technology and the type of blockchain platforms used).
Currently, it is impossible to imagine a post-industrial society without information resources, one of the sources of which is broadcasting. In light of the rapid development of technologies, legal regulation of this phenomenon at the international level lags significantly behind, since the rights of broadcasting organizations in certain broadcasting environments are not adequately protected. Since 1998 to the present day, the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization has been discussing proposals to update the relevant legal regime for broadcasters. The article analyzes the latest versions of the draft international treaty in the field of broadcasting for the possibility of a logical conclusion of the negotiation process in the form of adopting a new international treaty on broadcasting organizations. The author attempts to use the latest achievements of information and communication technologies to prepare the text of this document.
SCIENTIFIC RESEARCH
The article examines the substantive aspects of human rights activities and some issues of ensuring them, determined by the need to effectively protect the rights and freedoms of man and citizen.
These aspects include a study of the conceptual apparatus of human rights activities and the main directions of its functional purpose. In particular, the results of the Constitutional reform carried out in 2022, within the framework of which it has been improved, are considered the country’s political system and the human rights capabilities of the state have been strengthened. AN-Dthe role of some state human rights institutions, the status of which was strengthened as a result of the Constitutional reform, is studied.
Issues of most fully ensuring the effective protection of human and civil rights and freedoms require attention and solutions. In particular, the need arises in carrying out large-scale work to conduct explanatory work among the population, strengthen the legal education of citizens, conduct legal propaganda and take other measures of a supporting nature.
Along with the above measures, issues of legal education and training of the population require solutions, which should be carried out by all right-wing state and public institutions with the involvement of a wide range of experts and with the involvement of the media in this work.
The concept of a decent life and its sufficient level largely determines the constitutional content of social rights and is a concept that significantly influences the development of modern constitutionalism throughout the world. The obligations of States to ensure a decent standard of living consist in ensuring that workers receive a fair income not below the established limit, and in the absence of such, the opportunity to use State social assistance in an appropriate amount. In constitutional acts of different countries, such obligations can be expressed in the form of program provisions declaring the goals and principles of the state’s social activities to provide its citizens with the opportunity for a decent existence, and obligations guaranteeing the use of social rights, at least to the extent corresponding to the established (minimum) level of well-being, the normative parameters of which are used as a criterion for their judicial review.
South Africa has a undemocratic past. This past spans centuries of colonialism and decades of the apartheid regime. The adoption of South Africa’s Constitution in 1996 completed the transition to a constitutional democracy and provided the foundation for a new state and society.
The redress of historical inequality lie at the heart of South Africa’s post-apartheid Constitution. The inclusion of justiciable socio-economic in the Bill of Rights was globally considered progressive and distinctive. In addition, South Africa’s inclusion of these rights demonstrated that socio-economic rights were also fundamental to rebuilding a nation and eradicating the inequality that characterised apartheid.
Central to the effective realization of the range of human rights protected in South Africa’s Constitution are a number of institutions established for the purpose of strengthening constitutional democracy. This article analyses the main activities and assesses the role of the South African Human Rights Commission in the ensuring of realisation of socio-economic rights in the country.
The Islamic concept of human rights is a peculiar response to their secular interpretations, primarily expressed in international legal documents, and is designed to justify the admissibility of human rights, to a greater or lesser extent, based on the requirements of the Sharia. These ideas are clearly expressed in Islamic declarations of human rights. Although Islamic jurists claim that they merely supplement the Universal Declaration of Human Rights, taking into account the religious and cultural specifics of Muslim countries, the coincidence of the wording of the rights proclaimed should not mislead, as it hides differences at the level of principled approaches. Human rights in Islam are considered not only as derived from the will of Allah, to which a Muslim is fully subordinated, but also as called to fulfill the “Islamic function”, i.e. their realization is allowed only if it is aimed at preserving and strengthening the foundations of Islam.
This article examines the legal status of a technology broker in the context of international and foreign practice. In the context of increasing technological progress and the increasing role of innovation for the development of the economy of each country, the function of a technology broker as a figure acting in the interests of both technology developers and their users is becoming increasingly important and relevant. At the same time, the legal status of these subjects of legal relations is currently uncertain. A comparative analysis of foreign practice shows differences in approaches to regulating the activities of technology brokers in different countries. Important aspects are the observance of intellectual rights, protection of intellectual property and confidentiality, as well as the need to adapt legal regulation to different legal systems, taking into account the need to integrate a technology broker into legal relations arising during technology transfer.
At the same time, approaches to regulating the activities of technology brokers depend on the specifics of legislation aimed at supporting innovation and protecting intellectual property. For the successful functioning of legislation in the field of technology brokerage, consistent work is required to create a unified legal environment that will take into account the interests of all participants in this market and provide conditions for their activities.
TRIBUNE FOR YOUNG SCIENTIST
The need to classify non-residential premises is due to the need to develop effective legal regulation of property relations, the object of which they are. The Civil Code of the Russian Federation links the specifics of the exercise of rights to non-residential premises with their intended purpose. In this connection, the need to identify possible grounds for classifying types of non-residential premises in order to develop appropriate legal regimes is justified. The bases and types of classifications of non-residential premises existing in the Russian doctrine are analyzed, and the author’s approach to such differentiation is proposed. It was revealed that the types of non-residential premises that combine the features of both residential and non-residential premises and require the development of a special legal regime do not fit into the legal binary classification of premises.
In this article, the author explores existing problems and offers an author’s understanding of the essence, concept and meaning of digital rights as an object of hereditary legal relations. In the Russian and foreign scientific literature, there are many opinions about the essence, meaning and concept of digital rights, both in general and in relation to civil and inheritance law. The impalpability of this phenomenon is difficult to study. Nevertheless, an attempt has been made in Russian legislation to define the concept of digital rights, which turned out to be not entirely successful, which is confirmed by the opinions of civil scientists. The place assigned by the legislator to digital rights in the system of objects of civil legal relations, namely, their attribution to binding rights rather than other property, is also controversial in the scientific community, which determines the complexity of legal regulation of emerging new types of digital property in the context of dynamic digital transformation of public relations. Based on the results of the study, the author provides a definition of the concept of digital rights.
In this paper, the author analyzes the issues of bringing to liability, first of all, the lessee under the lease agreement for cultural heritage sites. The author dwells not only on the classic measures of liability — penalties and damages, but also on the unilateral refusal of the contract, which is recognized in civil science, as a rule, as a measure of operational influence and is not recognized as a measure of civil liability. In the course of analyzing the unilateral refusal of the lease agreement for cultural heritage sites, the author comes to the conclusion that the refusal of the contract can be recognized as a measure of civil liability in the specified legal relations on a par with penalties and damages. The amount of the penalty that is collected from the lessee under the lease agreement for cultural heritage sites seems excessive, which entails the inefficiency of the very institution of leasing monuments, since lessees become uninterested in leasing such objects due to high sanctions under the agreement.
BOOKSHELF OF THE DEPARTMENT
LAW IN HISTORICAL REFRACTION. Scientific Legacy
POST SCRIPTUM
ISSN 2782-6163 (Online)