Journal of Digital Technologies and Law @lawjournal-digital
Статьи журнала - Journal of Digital Technologies and Law
Все статьи: 262
Статья научная
Objective: to elaborate scientifically substantiated proposals for improving the system of mandatory requirements in the sphere of business and other economic activity under formation of digital economy, taking into account the foreign experience of eliminating barriers for business and the available practice of legislation optimization in this sphere. Methods: the research methodological basis consists of traditional general and specific methods of scientific cognition: dialectical, formal-logical, historical-comparative, systematic, terminological, general logic methods (analysis, synthesis, generalization, induction, deduction, etc.), as well as special methods: historical-legal, formal-legal, and method of comparative jurisprudence. Results: the author investigated and systematized theoretical approaches and experience of improving the system of mandatory requirements in foreign countries and the Russian Federation; the possibilities of introducing the most successful innovative legal instruments and practices to improve the regulation of economic relations were considered. The role of a retrospective assessment of the regulatory impact of existing regulatory legal acts containing mandatory requirements in addressing issues of reducing burdensome rules and ensuring legal stability in the context of digital transformation of the economy was determined. The international experience of implementing the regulatory guillotine mechanism was considered; its essence, purpose, tasks, basic principles, and algorithm of operation were revealed. The issues of establishing and evaluating the application of the requirements for business contained in regulatory legal acts were analyzed. Scientific novelty: the author’s comprehensive analysis of existing scientific developments on improving the system of mandatory requirements for business; systematization of scientific and theoretical approaches to the selection of innovative legal instruments to eliminate excessive legal regulation of economic relations; generalization of successful foreign practices in the implementation of “regulatory guillotine” measures. Practical significance: recommendations were developed for effective reduction of burdensome requirements that negatively affect the development of business in the context of digital transformation of the economy. Conditions were determined for the implementation of a full-fledged regulatory impact assessment procedure and the successful implementation of regulatory reforms. The results of the study can be used in standard-setting activities and in the educational process when elaborating educational programs in Economics and Law.
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Objective: to identify theoretical and legal problems associated with the steadily increasing spread of digital and biotechnologies’ development products; to assess the risks associated with this process that can change the position of a human in the society of the future; to develop and substantiate proposals to minimize risks and eliminate the identified problems through legal regulation. Methods: the research is based on the methods of generalization of scientific and technical information and theoretical analysis used while studying the source materials; axiological and systematic approaches; the formal legal method and, in addition, methods of legal forecasting, primarily extrapolation, which made it possible to highlight the prospects for reforming law due to technological expansion. Results: include a description of the dynamics of digital and bio-technologies’ development; a description of the changing social landscape with the emerging new types of entities that can affect the actual status of a human; a classification of risks threatening people due to the digital and biotechnologies development; a list of tasks whose solution based on law will help to eliminate, postpone or, at least, significantly reduce the severity of problems by increasing the time limit allotted to humanity to comprehend a number of conceptual points. The author presents arguments substantiating the need to develop special legal regulation in relation to new types of entities, the appearance of which becomes an inevitable result of the mentioned technologies’ development. Scientific novelty: consists, first, in a comprehensive study of the development of interconnected groups of digital and biotechnologies, taking into account their increasing convergence; and, second, in the formulation of legal problems that need to be resolved due to the potential emergence of new types of entities with cognitive functions and capable of having a targeted intellectual impact on the environment and legal entities. Practical significance: it is present in the answers given to the formulated legal questions, which contain suggestions and recommendations on the necessary adjustment of legal regulation and focus the attention of legal scholars on the problems arising from the pace and vectors of science-consuming technologies’ development.
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Статья научная
Objective: to research the trends of legal regulation of using intelligent transport systems under digital transformation of the transport sector of economy, namely, the growing importance of intelligent transport systems in the future transport system of the Russian Federation. Methods: systemic-structural method is the basis for researching intelligent transport systems. It enables to study the architecture of intelligent transport systems as a complex structural unity. Also, comparative-legal method was used, aimed at illustrating the differences and similarities in the legal regulation of intelligent transport systems. Methods of legal modeling and forecasting, as well as formal-logic method, served as secondary methods to comprehensively study the legal regulation of intelligent transport systems. Results: the article presents conceptual approaches to defining the notion of “intelligent transport systems” and outlining the hierarchy of intelligent transport systems, which play a fundamental role in building the transport sector. Based on the analysis, conclusions are made about the vectors of forming transport legislation, aimed at regulating the use of intelligent transport systems. Scientific novelty: the article provides a conceptual approach to forming the legal regulation of intelligent transport systems. To this end, the issue is considered about the essential content of the notion of “intelligent transport systems” at legal and scientific levels; the current terminological problems in building the legal regulation are shown. Analysis of the architecture of intelligent transport systems allowed for the first time to formulate the basic approaches to shaping the legal regulation of its individual elements (including highly automated and fully automated transport means, “smart” infrastructure, etc.) not in isolation but as constituent parts of the whole matter. Practical significance: the presented materials and conclusions facilitate the development of legal regulation of transport industry under digital transformation. The article accentuates the legal regulation of intelligent transport systems taking into account their technical and technological features. It is the intelligent transport systems that are de lege ferenda of the transport system, which determines the vector of transformation of transport legislation. In turn, development of the legal bases allows broadening the geography of introducing technical novelties and making their application much more large-scale.
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Objective: based on a systematic analysis of the actual level of international cooperation in overcoming digital inequality, to determine the parameters of its further development, taking into account modern legal and other barriers and global challenges caused by the transition from the knowledge economy to the data economy. Methods: the methodological basis of the research is represented by dialectics, comparative legal and historical legal approaches, and the method of system analysis. Results: the problem of digital inequality was considered in the following key aspects: access to the Internet; differences in the level of digital literacy; features of technology use and the versatility of digital inequality. It is noted that access to the Internet and digital technologies should become one of the fundamental human rights in order to ensure equal opportunities for all segments of society, since initially the crystallization of clearly expressed digital differences is based on the existing offline social differences. It was established that, in order to successfully overcome digital inequality, the key global task is to develop digital skills and literacy among the population. It is also important to stimulate the rational use of technologies and ensure people’s understanding of working with both the technologies and the data obtained through them. The authors propose to expand and deepen cooperation between developed and developing countries so that the latter can produce more data that may serve as a metric and a basis for creating development strategies. At the same time, greater transparency should be ensured by providing effective and accessible means so that the data owner can clearly understand who and why processes their personal data. The article argues that the transition from the knowledge economy to the data economy requires the adaptation of international cooperation strategies to ensure equitable access to both data and their processing. This may accelerate scientific discoveries and support inclusive economic development. The issues of fragmentation and defragmentation of international law are analyzed. Scientific novelty: it is due to the current lack of scientific results concerning the level of international cooperation achieved so far in overcoming digital inequality given the parameters of its systemic development and the main (legal and other) barriers. Practical significance: the study results can be used to improve the legal framework and strategies for international cooperation in overcoming digital inequality to ensure equitable access to data and their processing.
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Objective: to critically assess the effectiveness of existing international legal norms under the new challenges of technological progress, related to the development of the data center industry in the Arctic states and the Antarctic. Methods: the methodological basis of the research is a set of special and general methods of scientific cognition, including methods of comparative law, content analysis, deduction, induction, formal logical method and document analysis. The author turns to interdisciplinary approaches in order to objectively assess the environmental, social and legal risks arising from the data center industry growth in regions with increased climatic and social vulnerability. Results: the article analyzed international legal acts regulating the functioning of data centers in polar regions. It identified the key risks and divided them into environmental (instability of local ecosystems, lack of adaptability to rapid changes, risk of losing biological diversity, and greenhouse gas emissions) and social (marginalization and violation of the rights of indigenous peoples, loss of traditional cultures and lifestyles, increased social tension). The author points out that new conflicts and challenges will inevitably emerge due to the insufficient effectiveness of national and international regulatory mechanisms. The states the need to create specialized international legal instruments taking into account the specifics of the environmental safety of the polar territories. Scientific novelty: for the first time, the article provides a comprehensive analysis of the integral risks and drawbacks of the current international legislation on data center industry in the Arctic states and the Antarctic. The author provides a comparative analysis of the normative framework and shows the inconsistency between the “soft law” principles application on the polar regions and the fourth technological revolution. The author substantiates the requirement to create new certification and reporting procedures throughout the lifecycle of data centers, taking into account the legal and cultural context. Practical significance: the results are focused on improving international and national policies in the sphere of regulating the data center industry and on developing certification and reporting standards that could be effective in the climatic, social and economic conditions of the Arctic states and the Antarctic. The research is aimed at minimizing the negative impact of anthropogenic factors and ensuring a balance between industrial development and the preservation of unique natural and cultural landscapes.
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Статья научная
Objective: to assess the Russian legislation for its compliance with the international-legal approaches to shaping symmetrical regulation of crypto-assets and possibility to complement it with new international-legal categories reflecting the in-depth changes in the global economy and structure of international finance, determined by the broad introduction of new financial technologies based on distributed ledger technologies. Methods: the methodological basis of the research is a set of general scientific methods of scientific cognition, among which of utmost importance are special-legal (formal-legal and comparative-legal) methods, complemented with risk-oriented approach, legal modeling and juridical forecasting. Applied integrally, they allowed comprehending the architecture, “letter and “spirit” of the modern international financial law and national legislation in their conceptual-terminological correlation and to forecast further development and adjustment of the legal regulation of crypto-assets turnover. Results: it was found that there appears a stable trend in the crypto-assets turnover regulation, according to which “soft” law dominates among the law sources (this is especially notable in the sphere of international financial law compared, for example, with conventions or international treaties); at the same time, there is a strengthening trend of “fragmentation” of international law with regard to crypto-assets turnover; the authors mark inconsistency of the conceptual framework contained in international acts and in the Russian legislation, as well as the gaps in the regime of crypto-assets turnover at the level of national law; the trends and forecasts are presented referring to the development of international-legal regulation of the sphere of crypto-assets. Scientific novelty: consists, first of all, in a complex comparison, based on, among other aspects, the fundamentally new concepts of regulation of such progressive international-legal categories as cryptoasset, virtual asset, cryptocurrency, stablecoin, etc., some of them rarely used in the Russian legal discourse and actually never applied in legislation. Practical significance: the scientifically grounded proposals are formulated, aimed at improving the conceptual-terminological framework of the Russian legislation in the sphere of crypto-assets turnover, implementation of which will allow constructing a common legal space with the technologically most advanced states, will help to improve investment climate and financial attraction of the state; will improve the national-legal regime of crypto-assets turnover from the viewpoint of not only actual market demands, but also state security interests and improving competitiveness of the Russian legislation.
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Objective: to examine the contribution of judicial reasoning to the legislation interpretation, which is aimed at strengthening the legal protection of children against child pornography and digital sexual abuse under the rapid development of cyberspace. The study eliminates the gap in scientific knowledge concerning the possibilities of judicial interpretation as an alternative to the slow process of legislative amendments. Methods: the main methodological approach is the analysis of court decisions on child pornography and sexual abuse of children from 2018 to 2024. The author used comparative legal analysis and the study of judicial practice in various jurisdictions, including decisions of the European Court of Human Rights, the courts of the USA, Great Britain and Ireland. The research is based on a conceptual analysis of the principle of the child’s best interests and its application in judicial practice. Results: the author proved that judicial reasoning is an effective mechanism for overcoming the limitations of legislative formulations in protecting children from online exploitation. The key areas of judicial reasoning were identified: the expansion of the child pornography concept, the inclusion of contactless forms of sexual abuse, the use of digital technologies to collect evidence, and the priority of the concept of the child’s best interests over procedural restrictions. The research confirmed the ability of judicial reasoning to create legal precedents that ensure a more flexible and effective application of existing legislation. Scientific novelty: for the first time, the article comprehensively investigated the role of judicial reasoning as a tool for the dynamic interpretation of legal norms of protecting children from digital sexual abuse. The author developed a conceptual model of the interaction between judicial reasoning and the principle of the child’s best interests. The study reveals mechanisms of overcoming legislative stagnation through judicial interpretation of legal norms related to modern forms of child pornography in cyberspace. Practical significance: The study results can be used in judicial practice to substantiate decisions in cases of child pornography, in law-making activities to improve childhood protection standards, and in the practice of law enforcement agencies. The conclusions help to form a more effective justice system that takes into account children’s interests. The research can serve as a basis to develop methodological recommendations on using judicial reasoning in cases of minors’ protection.
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Objective: To look at the fintech regulatory policy and regulatory system in the Greater Bay Area through the lens of the Trilemma of Innovation doctrine in order to identify the applicability and extrapolation of existing legal models in the zone of accelerated economic and innovation development in Guangdong, Hong Kong and Macau. Methods: The article is based on the comparative legal research of the regulation regarding models, existing within the regulatory framework for fintech. For that matter we conduct a generalization, introducing the classification of methods and systems that, in our opinion, can be recognized as the Lego-like systems of instruments. Results: The research evaluates difficulties that may be faced by the participants within GBA on the way of legal harmonization regarding fintech. Special attention is paid to Hong Kong SAR, being one of the best-known examples of successful fintech regulation, and to comparing fintech regulation in Mainland China and in SAR (Macau, in particular). The author states that the last amendments to the financial law of Macau SAR also add an element of uncertainty, even though they aim to develop the situation within the framework. The author compares a technocratic approach, according to which fintech regulation is completely national (created only for the domestic market and reflects its structure) and traditional approach to regulation, a part of which is the Trilemma of Innovation. The latter implies the possibility of over-national (international) standardization, including in the form of soft law, which may eliminate the difference in understanding the fintech characteristics, its concepts and scope. Besides, the author analyses the correlation between the concepts of financial regulatory system and financial system of fintech regulation, extrapolation of the existing regulatory framework to the developing market of innovative technological solutions and their various models. The author highlights the regulatory response method, changing during the fintech market evolution, and applied, as a rule, together with other approaches. Scientific novelty: the article presents a comprehensive review of the different systems of fintech legal regulation in the Guangdong – Hong Kong – Macau Greater Bay Area, whose unique experience demonstrates various trajectories of the fintech market development in southern China within the “One Country – Two Systems” concept. Practical significance: the main conclusions and proposals resulting from the study are of significant interest for further research, regulatory policy and fintech regulatory system, as Mainland China and the special administrative regions of the Greater Bay Area use different approaches and methods of legal response that have no analogues in the modern world.
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Legal Aspect of Cyberaddiction Among Youth: Digital Risks and Peventive Measures
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Objective: to substantiate the need for an integrative approach to legal and spiritual-moral education of young people under digitalization of society; to develop a scientifically based model for the prevention and correction of cyberaddictive be-havior by synthesizing legal, pedagogical and ethical components. Methods: the research uses a set of theoretical and empirical methods, includ-ing dialectical and systematic approaches, analysis and synthesis, modeling and forecasting. Comparative-legal and historical legal analysis was applied to study the evolution of legislation in the field of digital security. The authors conducted an in-terdisciplinary analysis of the achievements of computer science, sociology, psy-chology and pedagogy and used a system-structural approach to study the interac-tion of government structures, educational and civil society institutions. Results: the study revealed significant fragmentation of legislation and the ab-sence of federal digital hygiene programs, which hinders the formation of legal awareness among young people. The authors proposed a definition of cyberaddic-tive behavior as a complex personal and legal deviation affecting the basic behavior-al norms and indicating a crisis of the value system. They developed a conceptual model to form the “digital immunity” of youth, integrating legal regulation, educa-tional technologies, and psychological support. Key areas of improvement identified are the adoption of special legislative initiatives, the introduction of programs for the development of digital legal culture, and the creation of interdepartmental mecha-nisms for early diagnosis and correction of digital deviations. Scientific novelty: the work conceptualizes cyberaddiction as a multidimen-sional legal and value challenge of the digital generation. An interdisciplinary model of education was developed that takes into account the transformation of legal con-sciousness under digitalization. New definitions of key concepts were proposed, as well as a systematic approach to the prevention of pathological forms of digital be-havior. “Digital socialization” was conceptualized as a special area of legal educa-tion. Practical significance: the results obtained are applicable in educational pro-grams and standards; for developing the course “Fundamentals of digital legal cul-ture”; for training accredited specialists in cyberaddiction prevention; for creating in-terdepartmental digital hygiene programs at the national, departmental and educa-tional levels. The proposed measures contribute to the formation of critical thinking, digital literacy, self-regulation skills and resistance to manipulation in cyberspace among young people.
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Objective: to determine the potential and acceptability of using artificial intelligence in legal activities according to the Nigerian law. Methods: the research is based on scientific analysis, as well as formal-legal, comparative-legal, historical-legal and systemic-functional methods. The scope of the research is represented by the norms of legislation, including expired normative legal acts, as well as scientific monographic and periodical literature. Results: It was found that artificial intelligence and robot lawyers are inevitable innovations in the legal practice of many countries, including Nigeria. The use of these digital technologies has proven to be highly effective in activities related to the administration of justice, providing assistance in four areas of legal services: consulting and guidance, searching for materials, data analysis and forecasting the trial results. Technology greatly facilitates the work of lawyers, given the amount of legal services. In addition, the author show that while the use of artificial intelligence may generally be considered justified, the involvement of robot lawyers in legal practice in Nigeria faces both legal and ethical barriers. The laws on legal education and legal practice in force in this country do not recognize robot lawyers as persons licensed to practice law in Nigeria. Robot lawyers must be given the status of a person before they can fully implement their potential in the legal practice of Nigeria. Scientific novelty: this is primarily due to the formulation of a research task to determine the possibility of a robot acting as a practicing lawyer within the legal framework in Nigeria. Practical significance: the conclusions formulated in the paper, namely, the inevitability of using artificial intelligence and robot lawyers in legal practice and the current legislation governing legal practice in Nigeria, will be useful when considering amendments to legislation in order to adapt it to the current level of digital technology development.
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Legal Aspects of Personal Data Protection and the Issues of Competition in Digital Marketplaces
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Objective: to develop approaches and proposals to improve the legal mechanisms for the personal data protection in the context of the evolving digital markets and the growing digital competition. Methods: the article is prepared based on formal legal and comparative legal research methods. Results: the unique features of digital markets are shown, which must be taken into account to achieve the goals of antimonopoly legislation. It is marked that the fundamental elements of the digital market include the big data concept and big data analytics, which, based on digital platforms, are capable of producing many direct and indirect network effects. The latter require understanding for an effective antitrust response and the application of appropriate legislation. The author proves that the growth of digital platforms as a business model and vital infrastructure of the digital economy should be viewed as a factor in improving legal regulation of relations in the sphere of data protection and confidentiality. The paper identifies the potential of digital platforms for assessing the current market power and the impact of competition on limiting this power. The data are considered as an integral component of the overall competitive market landscape. The current European Union regulation in the field of digital platforms and personal data protection is analyzed. The author identifies difficulties associated with the creation and application of effective regulations governing the activities of digital platforms. The article proves that antimonopoly authorities need to change approaches to analytics in order to take into account the distinctive features of digital platforms. It is noted that such changes may require legislative reforms and revision of procedures to match the rapid development of these markets and ensure that any potentially anti-competitive behavior is thoroughly investigated. Scientific novelty: the research contributes to the development of approaches to determining indicators of ensuring the personal data confidentiality under the digitalization of markets and to evaluating the effectiveness of antimonopoly legislation and its application in a new competitive environment. Practical significance: the results obtained can be used as a basis for improving antimonopoly and personal data protection legislation, as well as legal regulation of digital platforms in general.
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Legal Aspects of the Use Artificial Intelligence in Telemedicine
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Objective: the rapid expansion of the use of telemedicine in clinical practice and the increasing use of Artificial Intelligence has raised many privacy issues and concerns among legal scholars. Due to the sensitive nature of the data involved particular attention should be paid to the legal aspects of those systems. This article aimed to explore the legal implication of the use of Artificial Intelligence in the field of telemedicine, especially when continuous learning and automated decision-making systems are involved; in fact, providing personalized medicine through continuous learning systems may represent an additional risk. Particular attention is paid to vulnerable groups, such as children, the elderly, and severely ill patients, due to both the digital divide and the difficulty of expressing free consent. Methods: comparative and formal legal methods allowed to analyze current regulation of the Artificial Intelligence and set up its correlations with the regulation on telemedicine, GDPR and others. Results: legal implications of the use of Artificial Intelligence in telemedicine, especially when continuous learning and automated decision-making systems are involved were explored; author concluded that providing personalized medicine through continuous learning systems may represent an additional risk and offered the ways to minimize it. Author also focused on the issues of informed consent of vulnerable groups (children, elderly, severely ill patients). Scientific novelty: existing risks and issues that are arising from the use of Artificial Intelligence in telemedicine with particular attention to continuous learning systems are explored. Practical significance: results achieved in this paper can be used for lawmaking process in the sphere of use of Artificial Intelligence in telemedicine and as base for future research in this area as well as contribute to limited literature on the topic.
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Legal Issues of Cross-Border Data Transfer in the Era of Digital Government
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Objective: to identify the main legal factors of cross-border data exchange in the context of digital technology proliferation and government digitalization, including legal guarantees, security issues, cybersecurity risks, approaches to regulating and improving the efficiency of data management in various jurisdictions. Methods: the study relies on synthesis and critical analysis of various aspects of the stated problem, including analysis of primary and secondary sources. By the example of the regulatory policies of China, the US, the EU and EAEU member states, different approaches regarding the restriction or encouragement of free cross-border data transfer are compared. A comprehensive meta-analysis and literature assessment provided insights into the methods used for data protection in different jurisdictions and allowed outlining the framework and directions of the public policy required for effective cross-jurisdictional data transfer. Results: the main challenges associated with cross-border data transfer in the context of digital technology proliferation and government digitalization, such as growing inequalities in digital development, legal uncertainties, privacy and cybersecurity, etc., were identified. The legal framework of cross-border data transfer in the context of government digitalization and its implementation were analyzed. It contributed to the search for ways to improve the government efficiency in the context of transnational data transfer, including rendering services and promoting openness and public participation. Scientific novelty: based on the analysis of various jurisdictions’ approaches to legal, security and sovereignty issues caused by transnational data transfer, the author reveals the role and applicability of international law, as well as the unique challenges arising in the member states of the Eurasian Economic Union on the way to the formation of transboundary trust space. Practical significance: the study of these issues may help various public agencies, first of all, governmental and legislative bodies to the elaborate well-targeted political and legal decisions, aimed at achieving a balance between data availability and data security, between the effectiveness of public administration and respect for the human rights. The results obtained will also be of importance for other subjects of relations in cross-border data transfer and regulation of these relations.
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Legal Issues of Ensuring Technological Sovereignty
Статья научная
Objective: to identify the legal issues of ensuring technological sovereignty and to determine scientifically grounded vectors of their solution. Methods: the study is based on formal-legal, historical-legal, comparative-legal methods, as well as the methodology of soft systematicity, legal forecasting, and legal modeling. Results: the article presents a theoretical and legal approach to understanding sovereignty and differentiating its types. Under modern conditions, a significant role is given to the independence and autonomy of the state in the technological sphere. The correlation of digital and technological sovereignty is considered; the latter notion is outlined taking into account the gaining popularity of the Western concept of digital (technological) solidarity. The regulatory foundation of the state strategic autonomy is legal regulation, in which the concept of technology-centrism has been firmly established in recent years. The technological paradigm of modern legal regulations was identified. It consists in strategizing the scientific and technological innovations in strategic planning documents, as well as in sovereignization and cyclization of the legal sphere, digital transformation of the culture of lawmaking and law enforcement, technologization of the legal language, expansion of the scope of legislative regulation and the volume of subordinate legislation. The analysis of the correlation between the legislative and subordinate law levels of technological positioning of the Russian Federation in strategic areas has allowed to emphasize the important systemic interrelation of the involved traditional and innovative law-making tools as they ensure technological development. The author also identifies the risks of expanding legal experimentation in the digital area of public relations, which should exclude the possibility of circumventing the established critical limitations. Scientific novelty: the work forms a theoretical and legal model of ensuring technological sovereignty, which is of strategic importance for the preservation of the Russian Federation sovereignty in its classical understanding as the main and most important feature of the state. Practical significance: the results can be used in law-making activities of public authorities to create legal mechanisms for research, development and implementation of critical and end-to-end technologies and the production of high-tech products based on them in order to ensure national security of the Russian Federation.
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Legal Means of Providing the Principle of Transparency of the Artificial Intelligence
Статья научная
Objective: to analyze the current technological and legal theories in order to define the content of the transparency principle of the artificial intelligence functioning from the viewpoint of legal regulation, choice of applicable means of legal regulation, and establishing objective limits to legal intervention into the technological sphere through regulatory impact. Methods: the methodological basis of the research is the set of general scientific (analysis, synthesis, induction, deduction) and specific legal (historical-legal, formal-legal, comparative-legal) methods of scientific cognition. Results: the author critically analyzed the norms and proposals for normative formalization of the artificial intelligence transparency principle from the viewpoint of impossibility to obtain the full technological transparency of artificial intelligence. It is proposed to discuss the variants of managing algorithmic transparency and accountability based on the analysis of social, technical and regulatory problems created by algorithmic systems of artificial intelligence. It is proved that transparency is an indispensible condition to recognize artificial intelligence as trustworthy. It is proved that transparency and explainability of the artificial intelligence technology is essential not only for personal data protection, but also in other situations of automated data processing, when, in order to make a decision, the technological data lacking in the input information are taken from open sources, including those not having the status of a personal data storage. It is proposed to legislatively stipulate the obligatory audit and to introduce a standard, stipulating a compromise between the technology abilities and advantages, accuracy and explainability of its result, and the rights of the participants of civil relations. Introduction of certification of the artificial intelligence models, obligatory for application, will solve the issues of liability of the subjects obliged to apply such systems. In the context of professional liability of professional subjects, such as doctors, militants, or corporate executives of a juridical person, it is necessary to restrict the obligatory application of artificial intelligence if sufficient transparency is not provided. Scientific novelty: the interdisciplinary character of the research allowed revealing the impossibility and groundlessness of the requirements to completely disclose the source code or architecture of the artificial intelligence models. The principle of artificial intelligence transparency may be satisfied through elaboration and provision of the right of the data subject and the subject, to whom the decision made as a result of automated data processing is addressed, to reject using automated data processing in decision-making, and the right to object to the decisions made in such a way. Practical significance: is due to the actual absence of sufficient regulation of the principle of transparency of artificial intelligence and results of its functioning, as well as the content and features of the implementation of the right to explanation the right to objection of the decision subject. The most fruitful way to establish trust towards artificial intelligence is to recognize this technology as a part of a complex sociotechnical system, which mediates trust, and to improve the reliability of these systems. The main provisions and conclusions of the research can be used to improve the legal mechanism of providing transparency of the artificial intelligence models applied in state governance and business.
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Objective: to formulate proposals to form a system of subsidiary liability for harm resulting from the use of artificial intelligence systems. Methods: the research is based on a comprehensive methodological basis, including the abstract logical method for theoretical understanding of the legal nature of artificial intelligence as an object of legal regulation; the method of comparison to analyze the Russian and European legislations on tort liability; generalization to systematize the existing concepts of responsibility distribution between subjects of law; and correlation analysis to identify the relationships between the typology of artificial intelligence systems and the mechanisms of legal responsibility for their functioning. Results: the study summarizes and systematizes modern theoretical and legal concepts and regulations of the European Union and the Russian Federation on the distribution of subsidiary responsibility for the adverse effects of artificial intelligence. Potential subjects of responsibility were identified, as well as the key factors influencing the distribution of responsibility between them. A multidimensional matrix was developed for responsibility distribution between the subjects, taking into account their impact on the specific artificial intelligence system functioning and the systems typologization under the risk-based approach. Scientific novelty: for the first time, an original concept is proposed, which combines the differentiation of the subjects’ roles in terms of their real impact on the artificial intelligence results; the differentiation of artificial intelligence systems under the risk-based approach; and the system of legal presumptions of responsibility distribution corresponding to the above two classifications. The novelty lies in the creation of a multidimensional matrix of subsidiary liability, which allows taking into account many factors when determining the subject of responsibility in each specific case of harm caused by artificial intelligence systems, which differs significantly from existing unilateral approaches to this issue. Practical significance: the research conclusions and suggestions can be used to develop the doctrine of subsidiary responsibility in the field of artificial intelligence use, to develop and modify the legal norms regulating artificial intelligence. The proposed multidimensional matrix of responsibility distribution can serve as a theoretical basis for improving judicial practice in cases of compensation for damage caused by artificial intelligence systems, as well as for creating an effective balance between stimulating the development of AI technologies and ensuring the protection of the rights and legitimate interests of individuals and legal entities.
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Legal Nature of Reproducing Museum Objects in the Digital Form of NFT
Статья научная
Objective: by revealing the legal nature of the nonfungible token (NFT), to propose a solution for the topical issues of legal regulation of relations emerging in the sphere of online market and Internet platforms, associated with reproduction and further use in the virtual environment of tokenized digital copies of original pieces of art. Methods: the research was based on formal-legal and comparative-legal analysis, applied together with methods of law interpretation. Results: a conclusion is made that reproduction of a museum object in the digital form of NFT is not equal to reproduction of a museum object in the simple digital format, as it does not contain such mandatory criteria as uniqueness, indivisibility and scarcity of the specific token. An NFT object acts as a digital original of an analog original of a museum object in the digital environment and the metaverse, not as a new form of media art. Expressed in the form of a uniqueness certificate of a digital object, an NFT object, by its legal nature and for the purpose of legal regulation of deals with it, refers to “other property” among the objects of civil law, which allows the museums to apply the respective contract constructs when structuring such deals. Scientific novelty: the author proposes a new approach to considering and improving the legal regulation, accounting and storing NFT objects as virtual museum objects, the so-called digital equivalents of an item, which possess the signs of individual-definite character and uniqueness, differing from simple digital copies, digital pieces of art, 3D mapping, etc. Practical significance: the research results can be used for improving legal regulation of museum activity, correcting the civil and museum legislation, in particular, for defining virtual museum objects; for implementation of law, for example, when signing deals on using and selling NFT objects, in terms of specifying the content and volume of authorities of the right holders of the nonfungible token.
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Legal Nature of Smart Contracts: Contract or Program Code?
Статья
Objective: due to the rapid technological changes, digital economy and contractual relations determine law transformation and legislation development towards adaptation to prospective spreading and application of smart contracts in civil and commercial turnover. In this regard, the study focuses on determining the legal essence of smart contracts as a fundamental step towards the development of their timely and clear regulation. Methods: the research is based on the methodology of formal-legal and comparative legal analysis. It compares the current Bulgarian legislation with supranational legal sources and identifies the characteristic features of smart contracts as demanded instruments necessary for modern law and economy. The article also compares them with the classical understanding of contracts, making it possible to understand and define the nature of smart contracts more accurately. Results: it was determined that a smart contract is a software code in which the parties predetermine conditions under which the contractual relationship between them is created, modified and terminated. The research proved that the contract execution does not depend on the action or inaction of its parties, but rather on the occurrence of a predetermined condition (a certain fact relevant to the parties) under which the contract must self-execute. It was substantiated that the will of the parties cannot be changed or replaced because of the special way in which the smart contract is recorded in a distributed ledger. It is found that the fundamental problem of transferring the will from the legal language to the program code of the smart contract persists: if the will of the parties is incorrectly transferred to the program code, the smart contract may self-execute, but its execution will not be the result that the parties counted on. Scientific novelty: the analysis made it possible to compare the current national (Bulgarian) legislation and supranational (European) law. It revealed the vagueness of smart contracts regulation, both at the national and international level, and identified a number of issues in need of scientific and legal interpretation, which refer to the legal nature of smart contracts in view of the self-executing program code concept. Practical significance: the study can serve as a basis for further development of legislation towards its adaptation to the prospects of smart contracts spreading and application in civil and commercial turnover. It also allows an in-depth analysis of the smart contracts practice referring to such unsolved problems as accurate transference of the parties’ will to the program code (translation of specific terms from the legal language into the smart contract program code), electronic identification of subjects – parties to the transaction and many other issues.
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Legal Regulation of Artificial Intelligence: Experience of China
Статья
Objective: to trace the development trajectory of legal regulation in the field of artificial intelligence in the People’s Republic of China by revealing the advantages and disadvantages of China’s approach to artificial intelligence regulation and to outline the prospects of national regulation for the nearest future, taking into account the world experience. Methods: general scientific methods of analysis and synthesis, classification, systemic and functional approaches. Also, the formal-legal, comparative-legal, and historical-legal methods were used. Results: the research demonstrates the validity of Chinese claims for world leadership in the creation of legal regulation of artificial intelligence, as it is in China that the first normative legal acts were adopted. These acts have already entered into force; however, each of them deals with a narrow range of issues, while there is no law to establish general rules for the artificial intelligence industry. Among the characteristic features of the Chinese approach we can name, first of all, its iterative nature, which allows adjusting the regulation with each new step. Another feature is the sectoral nature of the regulation. Scientific novelty: in the course of the research, the development stages of artificial intelligence legal regulation in China were identified and described; the advantages and disadvantages of the Chinese approach to regulation were identified and argued; this approach was compared with the approaches of China’s main rivals competing with it in terms of the technology development and its legal regulation. All of the above allowed making conclusions about the subsequent development of legal regulation in China and in the whole world. Practical significance: familiarization with the research materials enables interested legal scholars, and not only them, to get a clear idea of the level of artificial intelligence regulation, achieved by China. China’s experience is of significant interest to the rest of the world, showing the correctness or faults of possible regulatory options in the new and complex field. The study results can be used in the practice of legal regulation in the sphere of artificial intelligence, as well as in preparing lectures in the relevant courses and writing tutorials for law students.
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Статья
Objective: to demonstrate the complex legal landscape which is being changed under the influence of the modern digital landscape developing with the integration of cryptographic technologies into international trade and especially into the field of information and communication technology products. Methods: the study of the documents is built primarily on a set of ways of interpreting legal acts, which allows analyzing the content of primary legal sources, namely the provisions for cryptographic products circulation, and proposing solutions to fill the gaps in this area. Also, secondary sources were collected and summarized to form an idea of the study subject. Results: areas of uncertainty in the protection of digital cryptographic products under the WTO agreements have been identified, raising questions about the adequacy of existing protection measures. It is noted that in some countries this situation has led to restrictions or bans on the import and export of cryptographic technologies and encrypted data on security grounds. The authors pay attention to the concept of non-discriminatory treatment of cryptographic products, which is being developed primarily within the framework of regional trade agreements to address the shortcomings of WTO agreements. It is emphasized that regional trade agreements, although stimulating cooperation and competition in international trade, demonstrate various approaches to the regulation of cryptographic products. The authors note that this creates challenges for business and it must be prepared to take into account the specificities of regional agreements, local legislation and evolving legal requirements. A conclusion is made that it is important to balance the innovation protection with the promotion of trust and cooperation, between the cryptographic technologies development and the issues of security and intellectual property rights protection. Scientific novelty: a vision of the complex legal landscape surrounding cryptographic products is presented, showing the differences in approaches to regulating relations around digital and non-digital products under WTO agreements and approaches to regulating cryptographic products applied in regional trade agreements. Practical significance: the study results are of interest to government agencies, policy makers, commercial entities and individuals involved in international trade in cryptographic technologies, as they can help all stakeholders to make informed decisions, navigate the complexities of regulating these relationships and advocate for fair treatment in the evolving digital trade environment.
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