Статьи журнала - Journal of Digital Technologies and Law
Все статьи: 168
Digital Technologies in the National Cadastre System of Uzbekistan: Issues of Legal Regulation
Статья научная
Objective: to critically analyze the state of national legislation of Uzbekistan in terms of legal regulation of digitalization and the use of artificial intelligence in the cadastral sphere. Methods: the research is based on such methods of scientific cognition as formal-legal and comparative-legal analysis, induction and deduction. Results: the provisions that regulate digitalization and the use of artificial intelligence in the cadastral sphere were analyzed, legal gaps were identified. It was determined that the practical application of artificial intelligence technologies outpaces its legal regulation. The shortcomings of legal regulation in this sphere were noted (lacking legal definition of the legal status of artificial intelligence in the national legislation; regulation of business entities’ participation in the management of artificial intelligence, etc.). The said shortcomings hinder its full application and harmonization with traditional sources of cadastral information. The author substantiated the need for universal digitization of the national cadastre and predicts the possibility of wider application of artificial intelligence in the natural-resource cadastral system. It is argued that the existing system in its current state may lead to wrong decisions and cadastral errors, hence, it is necessary to improve the legal regulation of cadastre. Scientific novelty: for the first time the results of the national cadastre digitization were assessed. Forecasts were given about the possibility of using artificial intelligence in this area, subject to further improvement of legal regulation. The latter is fundamentally important for reforming the cadastral system, since the technological basis of this system does not fully meet the needs of the digital economy. Practical significance: it is due to the lack of legal regulation of the artificial intelligence concept and legal status in the national legislation, as well as a unified approach to the cadastral system digitalization. Modern technologies are actively used in practice, but lack a sufficient legal basis. The main conclusions, proposals and recommendations of the study can be a basis for further improvement of the legal framework of Uzbekistan in terms of the application of artificial intelligence technologies.
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Digital Transformation of Tax Law Principles
Статья
Objective: to search for conceptual issues, features and prospects of development of tax law principles and tax obligation institute in the context of modern digitalization trends. Methods: the study is based on a set of general legal (analysis and synthesis, induction and deduction) and special-legal (formal-legal, comparative-legal) methods of cognition. Results: the main features of tax law principles characterizing their digital development were defined, namely: the expansion of the list of such principles and the changes in their content, predominantly at the level of institutional principles of taxation. A conclusion is made that in the digital era the tax law principles retain their theoretical significance as the most important category of the relevant science. The author states that the digital transformation of the institutional principle of tax fulfillment independence takes place mainly in the following directions: firstly, the range of taxpayers is expanded, in respect of which the duty to calculate tax can be imposed on a tax authority; secondly, the mechanism of the tax obligation execution is changed, among other things, by increasing the tax obligations of state authorities and credit organizations. Scientific novelty: the paper assesses the approaches used in the scientific literature and normative-legal framework related to transformation of the taxation principles due to the intensive use of information and communication technologies in tax relations. The author also analyzed the digital transformation of the principles of tax obligation as one of the main tax-legal institutions. Practical significance: is due to the lagging pace of tax legislation development in the Russian Federation compared to the objective processes of creation and application of new information and communication technologies in tax relations and adjacent spheres. The main provisions and conclusions of the study can be used as a basis to improve the tax legislation, as they develop knowledge about new tax law institutions – professional income tax, tax monitoring, single tax payment, and automated simplified taxation system.
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Digital Transformations of the South African Legal Landscape
Статья
Objective: South Africa is a country with great potential for intensive development due to the active growth and adoption of digital technologies. The rapidly emerging digital landscape is transforming the legal framework, which in turn influences the digital environment. This transformative relationship determined the focus of the research, which is to identify the legal system adaptability under dynamic changes, as well as the legal landscape evolution under digitalization and technological progress. Methods: the study of the changing legal landscape required an interdisciplinary approach that combines legal analysis with ideas from sociology, economics, etc. In doing so, the formal-legal method was used to examine the key legal instruments shaping South Africa’s digital environment and providing the opportunities and challenges of the interaction between digital technologies and South African law. Results: the paper provides insights into how the South African legal system is addressing digital challenges; assesses the integration of digital innovations into the legal system; highlights the transformative impact of digital technologies on traditional legal processes, including collecting evidence, dispute resolution and access to justice. Finally, it evaluates the role of digital technologies in making legal processes more efficient. Scientific novelty: the study contributes to the ongoing debate on the complex relationship between digital technologies and South African law. It shows how South African law is coping with digital complexities and substantiates new insights into the transformation of the traditional legal paradigm as a result of digitalization, as well as its implications for legal proceedings and access to justice. By delving into the adaptations, challenges and innovations arising at the intersection of law, technologies and digitalization, insights are gained into how South African law navigates the dynamic digital landscape. Practical significance: adapting the legal landscape to digitalization and technological advances is critical to ensure rapid technological progress. It also requires collaboration between government agencies, civil society, experts in law and technology. The study provides valuable recommendations and suggestions for policymakers, legal practitioners and stakeholders shaping South Africa’s legal ecosystem. The author addresses the challenges of ensuring personal data privacy, enhancing electronic interactions, and countering cybercrime. The importance of introducing technological achievements while maintaining robust legal safeguards is emphasized.
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Digital Trends of Criminology and Criminal Justice of the 21st Century
Статья научная
Objective: to define the key trends in the development of criminology and criminal justice under significant broadening of digitalization and using modern technologies. Methods: the priority of analytical method combined with descriptive method provided an optimal set of tools for searching and revealing the main digital trends in the development of criminology and criminal justice in the 21st century. Results: the growing dependence was revealed between criminal-legal science and digital technologies, which leads to the change in essence and types of contemporary criminality, models of criminals’ behavior, methods and mechanism of crime control and prevention in the light of requirements of criminal policy and justice. The dual role of the global digitalization trend is highlighted, the achievements of which are used both by the agencies of criminal justice system (in particular, for crime control, management and prevention) and criminals when implementing their criminal intents. It was determined that the essential transformation of criminology and criminal justice is largely caused by a dramatic development of digitalization in the 21st century, as well as by the modern technologies created on its basis, which appear to be more effective than the standard methods of traditional criminology, including quantitative and qualitative estimations, observation, interviews, polls, etc. Scientific novelty: new spheres of criminal-legal knowledge are introduced, as well as the corresponding disciplines formed exclusively under the influence of digitalization, such as cyber criminology and cyber victimology; algorithmic (computational) criminology, based on actuarial justice and the theory of risks, is highlighted as the most recent trend in criminological science. Practical significance: the account of trends and positive experience gained in the sphere of digitalization determines the successful solution of the tasks associated with crime counteraction, transformation of approaches to the content, goals and methodology of applied criminology and criminal justice. The global megatrend of digitalization essentially changes the appearance of the criminal-legal science, sets the new theoretical and applied directions of its development. Timely upgrade and adaptation of knowledge, skills and capabilities in compliance with the achievements of digitalization will allow criminology and criminal justice to correspond to the tasks of the new millennium.
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Статья
Objective: the traditional Nigerian judicial system has long been associated with a conservative approach and traditional methodologies of justice administration. As a developing country, Nigeria has benefited immensely from the advancement of digital technology, especially in the legal field. This is due to the fact that modern digital technologies are being rapidly adopted in Nigeria’s judicial processes for effective justice administration. However, despite the promise of digital technology, there are legal and socio-economic challenges in Nigeria that may affect its successful utilization in legal proceedings. This justifies the focus of the study – to identify the legal and socio-economic challenges of digitalization of court proceedings in Nigeria. Methods: the study combines doctrinal and non-doctrinal approaches. The former ensures theoretical understanding of the conceptual issues and prospects of court proceedings virtualization. It also allows exploring, based on primary and secondary sources (laws, monographs, research articles and internet resources), the legal and socio-economic challenges of the use of digital technologies in court proceedings. The non-doctrinal approach consists in polling, describing and analyzing the results of a sociological survey. The survey was conducted among Nigeria residents to reveal their attitudes towards innovations in digitalization and virtualization of court proceedings as well as the challenges posed by these processes. Results: the study revealed that the use of digital technologies in court proceedings in Nigeria has several prospects of ensuring effective justice administration and accurate recording and storage of information. Along with the benefits, challenges are shown that may reduce the effectiveness of court proceedings digitalization. Scientific novelty: consists in investigating the use of digital technology in Nigerian court proceedings and identifying the prospects of improving the efficiency of justice administration in Nigeria under digitalization, as well as the challenges arising from this trend. Practical significance: the study will enable stakeholders in the Nigerian legal sector to identify legal and socio-economic challenges that may adversely affect and render ineffective the use of digital technologies in legal proceedings. In addition, the article offers practical recommendations to address these challenges.
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Статья
Objective: the development of wireless technologies and digital infrastructure has radically changed the human habitat, giving rise to a new type of space – a cyberspace. The uniqueness and peculiarities of this environment, including anonymity, boundlessness and problems related to the determination and establishment of jurisdiction, have become a breeding ground for the emergence of a new global threat – cyberterrorism. The latter is characterized by a high level of latency, low detection rate and incomparably greater danger than “real world” crimes. Countering new forms of crime has required the development of universal tools that overcome the limitations of traditional jurisdiction and allow states to prosecute terrorists in cyberspace. Identifying the relevant tools and identifying the political-legal obstacles to their implementation is the objective of this study. Methods: to achieve the set goal the formal-legal method was used to analyze legal sources, including judicial practice, national legislation, and international acts. The doctrinal approach was also used, which allowed, on the basis of scientific works and theoretical constructions, explaining the complexity of the modern phenomena and predicting their future development. This said, the main focus is on criminals to prove their antagonism with humanity in accordance with theoretical views. Finally, the study analyzes the theories of universal and traditional jurisdiction and how they are applied to prosecute terrorists. Results: the paper provides a critical analysis, reviewing and adapting the concept of jurisdiction as applied to a global, borderless and decentralized digital environment (cyberspace) and to the struggle against new forms of terrorism (cyberterrorism). Various jurisdictional models applicable in cyberspace are presented. The author bridges the gap between the main branches of law: international private law and public law by linking, in relation to cyberterrorism, the two theories: the “responsibility to protect” (R2P) theory and the application of universal jurisdiction. The trends of universal jurisdiction development are revealed. Scientific novelty: the study develops the accumulated scientific knowledge while justifying the introduction of foreign jurisdiction in a state territory to prosecute cyberterrorists. It also establishes a link between the theory of universal jurisdiction in private international law and the “responsibility to protect” (R2P) theory in public international law, recognizing the latter as a relevant basis for the introduction of universal jurisdiction over cyberterrorism. Such traditional concepts as sovereignty and jurisdictional independence are reviewed. The gap related to the consideration of cyberterrorism as a crime against humanity in international law is bridged. Practical significance: the implementation of the proposed conclusions will contribute to the strengthening of international prosecution of cyberterrorism and harmonize the international and national legal tools to struggle against this crime.
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Ethical and Legal Regulation of Using Artificial Intelligence in Morocco
Статья
Objective: to explore and identify the issues and opportunities for the ethical and legal regulation of artificial intelligence by the example of digital transformation in Morocco. Methods: the study was conducted using analytical and comparative approaches to address the emerging legal issues arising from the development of artificial intelligence. The traditional scientific method in law is based on legal analysis, which was applied to the study of legal texts, scientific literature, diagnosis of the condition of the study field at the national and international level. Along with this, the comparative approach in law was used, which made it possible to examine the Moroccan legislation comparison with that of other countries. Results: the article presents a review of scientific literature on the legal and ethical issues of using artificial intelligence. Legal texts and decrees developed at national and international level, directly or indirectly linked to the use of artificial intelligence, were reviewed. Moroccan legislation was compared with that of other countries. The findings suggest that, in the absence of a specific legal framework for artificial intelligence systems, the adoption of ethical standards in the form of guidelines, best practices and ethical charters is preferable. These mechanisms appear to be a viable alternative to legal regulation. In this sense, several initiatives were taken to promote “soft law”, which aims to encourage appropriate behavior of technological agents. Scientific novelty: the analysis of digital transformations in Morocco made it possible to present a comprehensive view on the role of ethical aspects and on the sufficiency of law to respond to the changes in the modern society, transformed by the development of artificial intelligence. Practical significance: the study allows identifying ways to find a more flexible balance between “soft” and “hard” law in the regulation of relations, taking into account the technological reality. This should encourage the appropriate behavior of technological agents and positively affect the specificity of the current situation. Today, the “hard law” slowly recognizes and addresses the problems associated with the digital technologies’ regulation and slowly takes into account the possible risks posed by artificial intelligence and the insufficiency of its regulation.
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Ethical-Legal Models of the Society Interactions with the Artificial Intelligence Technology
Статья научная
Objective: to explore the modern condition of the artificial intelligence technology in forming prognostic ethical-legal models of the society interactions with the end-to-end technology under study. Methods: the key research method is modeling. Besides, comparative, abstract-logic and historical methods of scientific cognition were applied. Results: four ethical-legal models of the society interactions with the artificial intelligence technology were formulated: the tool (based on using an artificial intelligence system by a human), the xenophobia (based on competition between a human and an artificial intelligence system), the empathy (based on empathy and co-adaptation of a human and an artificial intelligence system), and the tolerance (based on mutual exploitation and cooperation between a human and artificial intelligence systems) models. Historical and technical prerequisites for such models formation are presented. Scenarios of the legislator reaction on using this technology are described, such as the need for selective regulation, rejection of regulation, or a full-scale intervention into the technological economy sector. The models are compared by the criteria of implementation conditions, advantages, disadvantages, character of “human – artificial intelligence system” relations, probable legal effects and the need for regulation or rejection of regulation in the sector. Scientific novelty: the work provides assessment of the existing opinions and approaches, published in the scientific literature and mass media, analyzes the technical solutions and problems occurring in the recent past and present. Theoretical conclusions are confirmed by references to applied situations of public or legal significance. The work uses interdisciplinary approach, combining legal, ethical and technical constituents, which, in the author’s opinion, are criteria for any modern socio-humanitarian researches of the artificial intelligence technologies. Practical significance: the artificial intelligence phenomenon is associated with the fourth industrial revolution; hence, this digital technology must be researched in a multi-aspectual and interdisciplinary way. The approaches elaborated in the article can be used for further technical developments of intellectual systems, improvements of branch legislation (for example, civil and labor), and for forming and modifying ethical codes in the sphere of development, introduction and use of artificial intelligence systems in various situations.
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Ethics of Artificial Intelligence and Robotics: Key Issues and Modern Ways to Solve Them
Статья
Objective: modern achievements in the development and dissemination of digital technologies have attracted the attention of scholars and practitioners to the discussion of key ethical issues related to artificial intelligence and robotics. Hence, this study presents the most relevant of these issues, posing new challenges for legal scholars and practitioners to develop the regulation of artificial intelligence and robotics in terms of technology moralization. Methods: the research used practice- and risk-oriented approaches, complemented by multidisciplinary analysis of documents (European principles and codes of ethics) and studies, including those devoted to various problems of artificial intelligence and robotics. Results: the article identifies key ethical issues in the field of artificial intelligence and robotics. It is established that the key ethical issues involved can be solved if they are legally formalized and implemented at the international level. The algorithm proposed by the author, based on the analysis of the digital technologies application, will allow improving the moral actions of technologies in the process of their decision making. Scientific novelty: the article presents the latest ethical problems that concern scientists and practitioners in the field of artificial intelligence and robotics, and the methods of their solution by ethical and legal means aimed at moralizing technology and increasing its responsibility. Practical significance: all solutions presented in the article have practical significance and are ready for wide implementation at the international level. Their formalization in normative form and subsequent compliance will reduce the harm that artificial intelligence may cause in applied fields, including robotics using artificial intelligence. Regulatory, including legislative, decisions must therefore be taken as soon as possible to ensure that artificial intelligence and robotics become reliable tools for these systems to be used at work, at home, and in other areas such as shopping centers, stores, schools, universities, etc.
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Experience of Legal Regulation of Lootboxes in Different Countries: a Comparative Analysis
Статья
Objective: to show how the use of a new business model called Loot boxes, on which modern video games are based, has become a legal problem for jurisdictions in different countries. Methods: drawing on existing literature and contemporary sources, the article explores the potential negative consequences of Loot boxes, provides a comprehensive analysis of existing or proposed regulation, and compares the approaches taken in various national jurisdictions. Results: the article examines the growing concern surrounding the widespread use of a particular form of in-game purchases called Loot boxes. It is strongly criticized on the grounds that Loot boxes are presumed to be a form of gambling within a video game. On this basis, this article argues in favor of their legislative regulation. Having examined the regulatory framework in countries that have already taken action against the use of Loot boxes, such as Belgium, the Netherlands, China, Japan and the Republic of Korea, as well as in countries currently debating their regulation, the author emphasizes the need to adopt consumer protection measures in the gaming industry. This is particularly relevant for vulnerable strata exposed to gambling-related harms. In addition, there is a need to ensure the ethical and responsible use of Loot boxes, as well as to reduce the health and financial risks associated with the use of this business model. Scientific novelty: the paper presents a comparative study of the problems of current or projected social regulation of Loot boxes in video games. The author proposes to seek the solution in a balance between game industry innovations, consumer protection and user well-being, which will ultimately contribute to the creation of a healthier environment for gamers. Practical significance: the study highlights the international scope of the problem the difference in legal and ethical regulatory measures taken in different countries to address the psychological, social and financial consequences associated with the proliferation of lootboxes in video games. These measures are yet to be assessed, taking into account the findings concerning the gaming industry.
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Статья научная
Objective: to specify the models of legal regulation in the sphere of biometric identification and authentication with facial recognition technology in order to elaborate recommendations for increasing information security of persons and state-legal protection of their right to privacy. Methods: risk-oriented approach in law and specific legal methods of cognition, such as comparative-legal analysis and juridical forecasting, are significant for the studied topic and allow comparing the legal regulation models used in foreign countries and their unions in the sphere of biometric identification and authentication with facial recognition systems, forecasting the possible risks for the security of biometric data, taking into account the prospects of further dissemination of the modern facial recognition technology, and to shape recommendations on legal protection of biometric data. Results: the ways are proposed to further improve legislation of the Republic of Kazakhstan and other countries currently developing the legal regulation of biometric data, regarding the admissible criteria for using the facial recognition technology, the elaboration of categorization of biometric systems with a high and low risk levels (by the example of the experience of artificial intelligence regulation in the European Union), and the necessity to introduce a system of prohibitions of mass and unselective surveillance of humans with video surveillance systems, etc. Scientific novelty: consists in identifying a positive advanced foreign experience of developing legal regulation in the sphere of facial recognition based on biometry (European Union, the United States of America, the United Kingdom of Great Britain and Northern Ireland), which can be used for further improvement of the national legislation in order to create more effective mechanisms of legal protection of personal data, including biometric information. Practical significance: based on risk-oriented approach and comparative analysis, the research allows elaborating measures for enhancing the legal protection of biometric data and ensuring effective protection of civil rights and freedoms by forecasting further expansion of the modern facial recognition technology.
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Статья научная
Objective: to research the features of online dispute settlement by e-commerce platforms in the People’s Republic of China, to reveal positive features and drawbacks of ODS technologies applied by the platforms. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods were used: legal-dogmatic and the method of legal norms interpretation. Results: it was found that the internal ODS model on e-commerce Taobao ODS platforms is a direct, clear and effective means of online resolution of consumer disputes. However, being a non-independent “third party”, the internal ODS mechanism of e-commerce platforms will never be able to substitute other external systems of dispute resolution. ODS relies on the data and Internet processes much stronger than traditional dispute resolution. Among the many safety factors emerging as a result of online processes, ODS creates the risk of data leakage, lack of confidentiality and unsafe consumer protection. ODS also causes concerns due to traditional principles of justice such as objectivity, confidentiality and safety of data in the process of dispute settlement. Not only the People’s Republic of China but any country introducing the ODS technologies into the procedures of dispute resolution should take serious measures to ensure the ODS processes are just, unbiased and guarantee observance of procedural rights. Scientific novelty: consists in a complex research of online dispute settlement by e-commerce platforms in the People’s Republic of China, the practice of implementation thereof has its specific features stemming from the model of self-regulation of thee relations, further stipulated by normative legal acts of the People’s Republic of China and reflected in the activity of private ODS platforms. Practical significance: is due to the current absence of possibility to apply the legal norms and rules, taking into account the specific features of ODS technologies on private platforms, to the relations using such technologies. The main provisions and conclusions of the research can be used to improve the mechanisms of legal regulation of ODS technologies in the procedural legislation of the Russian Federation.
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Financial and Legal Development of Social Relations Using Digital Currencies in Metaverses
Статья
Objective: based on the analysis of financial and legal policy of certain jurisdictions, to determine the initial prospects of financial and legal development of social relations in metaverse using digital currencies. Methods: the research is based on the system of cognitive tools: first of all, formal-legal, comparative-legal, statistical methods, and the method of legal forecasting, which help to interpret the legal norms and financial-legal policy of various jurisdictions, assess the degree of current development of legislation on regulation of technologies in virtual worlds, and formulate ideas about the financial-legal regulation of public relations using digital currencies in the metaverse. Results: the study reveals that modern legislation on metaverses is at the initial stage of its formation, as in developed jurisdictions metaverse is still considered only as a future technology. The author shows the degree of popularity of the metaverse first prototypes and the growing attention of some states to the metaverse in order to develop their socio-economic potential and consolidate international leadership in digital development. The paper points out the shortcomings of the metaverse definitions developed in doctrine and practice, and long proposes the author’s definition. It is argued that in order to fully integrate metaverse technology into a certain country, whose policy is focused on achieving (maintaining) a high rating in terms of the economy digital transformation, it is necessary to determine the currency that will be legitimately used in the metaverse in future. A conclusion is made that it is necessary to plan financial and legal policy in this area, which will largely depend on the legal regime of cryptocurrency in a particular country. It is argued that further development of the metaverse concept in Russia will depend on the results of testing the digital ruble. Scientific novelty: the paper is one of the first devoted to the convergence of metaverse and financial law, which proposes a concept for establishing full-fledged legality of digital currency in the metaverse depending on the attitude of a particular country to decentralized finance. Along with popular definitions formulated in doctrine and practice, the author presents their own interpretation of the metaverse, indicating its essential features. Practical significance: the conclusions and proposals obtained can be used to improve the mechanisms of financial and legal regulation of social relations under the emerging metaverse concept. The presented ideas are important for further research of various financial and legal aspects of metaverses’ development and functioning.
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Статья
Objective: to trace the evolution of humanity and to identify the role of various social institutions in order to understand the existential role of laws aimed at ensuring the coexistence of society in the context of technological innovations. Methods: the author used general scientific and special methods of cognition, which allowed tracing the dialectical development of humanity, social transformations and technological innovations. Results: looking back at the history of humanity, which originated on the African continent (the theory of African descent), the author notes the most important changes in the human way of life and environment, which led to the need to build organized societies and regulate social behavior with the help of legislative norms. Law is seen as part of the evolutionary process that was to emerge in the course of human evolution. The critical importance of law in overcoming the global challenges and existential questions of humanity’s continued coexistence arising in the course of evolution is emphasized. In this regard, the historical significance of the Kurukan Fuga Charter of the Malian Empire is emphasized as one of the oldest constitutions in the world, recognized internationally as an important source of legal and political norms for modern societies, regulating the structure of state power and social behaviour, although preserved largely in oral form. It is argued that social and technological change often served as the impetus for the development of new laws. Humanity has many times intervened in its own biological evolution with the help of technology; now it is an important moment from the viewpoint of law and ethics when technology may interfere in further human evolution. The greatest concern in this regard is the era of rapid development of artificial intelligence, which makes new demands on a human being. Scientific novelty: the article shows the role of the African continent in the origin and development of humanity and socio-legal institutions in the light of modern transformations and the construction of a new social reality. Practical significance: the conducted research creates prerequisites for further development of the theory of anthroposociogenesis and in-depth conceptual historical and legal study of the role of the African continent in the development of humanity and its social institutions.
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Future of the Artificial Intelligence: Object of Law or Legal Personality?
Статья научная
Objective: to reveal the problems associated with legal regulation of public relations, in which artificial intelligence systems are used, and to rationally comprehend the possibility of endowing such systems with a legal subject status, which is being discussed by legal scientists. Methods: the methodological basis of the research are the general scientific methods of analysis and synthesis, analogy, abstraction and classification. Among the legal methods primarily applied in the work are formal-legal, comparative-legal and systemic-structural methods, as well as the methods of law interpretation and legal modeling. Results: the authors present a review of the state of artificial intelligence development and its introduction into practice by the time of the research. Legal framework in this sphere is considered; the key current concepts of endowing artificial intelligence with a legal personality (individual, collective and gradient legal personality of artificial intelligence) are reviewed. Each approach is assessed; conclusions are made as to the most preferable amendments in the current legislation, which ceases to correspond to the reality. The growing inconsistency is due to the accelerated development of artificial intelligence and its spreading in various sectors of economy, social sphere, and in the nearest future – in public management. All this testifies to the increased risk of a break between legal matter and the changing social reality. Scientific novelty: scientific approaches are classified which endow artificial intelligence with a legal personality. Within each approach, the key moments are identified, the use of which will allow in the future creating legal constructs based on combinations, avoiding extremes and observing the balance between the interests of all parties. The optimal variant to define the legal status of artificial intelligence might be to include intellectual systems into a list of civil rights objects, but differentiating the legal regulation of artificial intelligence as an object of law and an “electronic agent” as a quasi subject of law. The demarcation line should be drawn depending on the functional differences between intellectual systems, while not only a robot but also a virtual intellectual system can be considered an “electronic agent”. Practical significance: the research materials can be used when preparing proposals for making amendments and additions to the current legislation, as well as when elaborating academic course and writing tutorials on the topics related to regulation of using artificial intelligence.
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Статья научная
Objective: to research the existing problems and promising directions of the legal regulation of digital financial assets as a relatively new tool of the modern digital economy. Methods: the methodological basis of the work is the set of scientific cognition methods such as theoretical analysis, research, comparison, synthesis, and summarization of scientific literature. Results: the work analyzes the existing approaches to legal regulation of digital financial assets in the Russian Federation and some foreign countries, reveals the existing gaps in the Russian legislation in the field of circulation of digital financial assets, gives estimation to the prospects of development of the legal regulation of these tools and forms proposals for its improving. Also, during the research, the approaches to legal regulation of digital currencies and digital financial assets, adopted in certain foreign countries, were analyzed, the trends were considered, and the positive and negative aspects of using cryptographic algorithms for the goals in economic and juridical spheres of the global economy were reflected. Scientific novelty: within the work, the topical issues of legislative regulation of such a relatively new notion as digital financial assets are considered. The positions of Russian and foreign jurist are considered concerning the existing problems and risks associated with “tokenization” and “blockachainization” of private law. Besides, the author comes to a conclusion about the existence of significant gaps in the current approach to legal regulation of digital financial assets, indicates them and proposes certain mechanisms to solve these problems. Practical significance: is due to the imperfect current legislation in the sphere of relations occurring when using the technologies based of distributed ledger, including digital financial assets. Research of these problems allows evaluating the risks, considering the existing ways of overcoming and solving the emerging disputable questions. Also, the conclusions obtained can be used to improve the Russian legislation, as well as in the academic literature devoted to the topical issues of developing the digital legislation.
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Human Genome Editing: Managing Technological Risks through Legal Means
Статья научная
Objective: to determine theoretical approaches to the legal regulation of reprogenetic editing, taking into account the risk-oriented approach and the practice of regulation of such breakthrough technologies in different jurisdictions; to outline further regulatory and managerial steps to be taken for the technology development. Methods: general scientific methods of analysis and synthesis, classification, system and functional approaches; specific scientific methods: formal-legal, comparative-legal, and historical-legal. Results: the research shows the possible approaches to the regulation of genetic editing for reproductive purposes. The considered variants are evaluated from the viewpoint of risk-oriented approach; conditions and peculiarities of various regulatory mechanisms’ application are determined; the current Russian regulation in this sphere is assessed. The analysis allows concluding that the prohibition or significant restriction of the developing technology of reprogenetic editing has no irrefutable grounds. Moreover, it may lead to the results opposite to those declared by its proponents. In this regard, it is necessary to develop the discussion in a constructive and iterative way and involve all stakeholders in it, including the scientific community. Scientific novelty: the international practice of legal regulation of reprogenetic technologies within different jurisdictions was generalized and conceptually interpreted; the natural scientific arguments in assessing the implemented regulation effectiveness were analyzed. This not only allows systematically considering the current and hypothetical risks of genetic technologies’ development and use, but also provides an opportunity to use a risk-oriented approach to the analysis of legal regulation of genome editing technologies. The next step in comprehending the phenomenon of genetic editing becomes possible. Practical significance: the study results can be used for building further constructive dialog on applying legal mechanisms to human genome editing. The study can also be a basis for iterative approach in the future discussion.
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Human Interpreters in Virtual Courts: A Review of Technology-Enabled Remote Settings in Australia
Статья научная
Objective: This interdisciplinary review intends to inform legal scholars, practitioners, and users of language interpretation services in the judiciary of challenges encountered by professional interpreters in virtual hearings and remote settings. Methods: Situated at the intersection of law, language, and communication, this review analyses the latest discourses about technology-enabled remote settings and synthesises insights into recommended practices in effective legal communication mediated by interpreters in virtual courts. Results: With an overarching aim to improve effective collaboration between interpreting service providers and users in multilingual legal communication for procedural equity and access to justice, this review establishes three central claims: (1) the technology-enabled virtual hearings is accelerated by the covid-19 pandemic, (2) the need for effective legal communication mediated by the use of interpreters in remote settings is mounting, and (3) successful collaboration between the service user and provider can achieve a win-win outcome. Scientific novelty: A review of existing studies in law and language reveals three main gaps: (1) procedural justice in videoconferencing hearings and remote technologies, (2) equity and access for people with limited proficiency in the official language of the court system, and (3) effective legal communication mediated by human interpreters in virtual courts. This review bridges the existing gaps in knowledge. Practical significance: it touches on three aspects of the law-language nexus: (1) Covid-19 accelerated adoption of the virtual courtroom technologies in Australia and its impact on court interpreting, (2) challenges for interpreters in remote settings, and (3) achieving linguistic accuracy and intercultural appropriateness when preserving the manner in which the content is expressed as intended or implied by the original speaker. Grounded in courtroom interpreting practices, it highlights the importance of effective collaboration in successful multilingual legal communication rooted in mutual purpose, shared expectations, and interprofessional understanding.
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Illaria Lavrentyevna Bachilo – the Founder of Informational Law in Russia
Статья научная
Objective: to assess the scientific contribution of Illaria Lavrentyevna Bachilo into forming the science of informational law in Russia; the role and significance of I. L. Bachilo’s scientific works for the Russian informational law. Methods: the methods used in the work are: retrospective scientific and bibliographical analysis, analysis and synthesis, comparison and cross checking, bibliographical study of documents. Results: a brief analysis of scientific activity of an outstanding researcher Illaria Lavrentyevna Bachilo was carried out; the most significant works were described, which, in the authors’ opinion, appeared to be fundamental in the formation and development of the science of informational law. Scientific novelty: the article presents the main stages and achievements of I. L. Bachilo’s academic life and reflects the personal estimations and impressions of the authors, formed during mutual work with Illaria Lavrentyevna Bachilo. Practical significance: the information presented in the article will allow scientists, especially young researchers, to get acquainted with the personality and activity of a prominent scientist, a deep and intelligent person, whose memory will always dwell with the hearts of the people working in the Section of Informational Law of the Institute of State and Law of the Russian Academy of Sciences.
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