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Tereschenko Ludmila Konstantinovna
Published: Dec. 14, 2022
The paper is focused at the correlation of state regulation and deregulation in the communication industry. The regulation of major sectors such as the communication industry should be up to the challenges of today. In the current context of building a new digital economy and reducing administrative barriers, a special importance is attached to how state regulation and deregulation correlate in the communication industry. The paper provides an analysis of regulation in the industry to identify the sectors may be excluded from state regulation or may benefit from self-regulation or deregulation. It purports to identify (based on analytical findings) the …
Bogdanovskaya Irina Yurievna
Published: Dec. 15, 2022
In the prefatory article, the author analyzes the general legal aspects of e-government. As a complex phenomenon, e-government has to be studied on the basis of multi-disciplinary approach including technical, sociological and legal. It is such approach that allows to reveal its essence. However, each multi-disciplinary approach has to be specifically developed. As regards the legal approach, it will be shaped by the changing social relationships brought about by IT technologies. The legal analysis amounts, in its turn, to the formal logical, historical and comparative legal methods. The formal logical method allows to analyze the law which supports the development …
Talapina Elvira Vladimirovna
Published: Dec. 14, 2022
The right to informational self-determination, as the authority of the individual to decide fundamentally for herself, when and within what limits personal data may be disclosed, was formulated by German jurisprudence and has become a model for many States as well as for European Law in general. It is seen as a necessary tool for maintaining a vibrant democracy, on the basis that privacy is an “integral part” of society. The basis for the judicial decision was the Kantian theory of the moral autonomy of the individual. This explains the close connection of judicial reasoning with human rights and their …
Antonio Iannì
Published: April 30, 2022
The paper describes the impact of the EU ‘Digital Single Market Strategy’ (DSMS) on consumer law. The essay analyses, in particular, the new Consumer Sales Directive [Directive (EU) 2019/771] and its recent transposition into Italian Law. Starting from the assumption that the Information-Digital Age certainly has social-economic impacts, therefore also legal ones, the paper first of all illustrates the Strategy promoted in 2015 by the European Commission. In order to represent how the Commission intends to face the new digital “revolution” and its economic opportunities, this essay — through a brief description of the main pillars of the DSMS — …
Tereschenko Lyudmila Konstantinovna
Truntsevskiy Yuri Vladimirovich
Leschenkov Felix Artemovich
Published: Nov. 2, 2022
The paper is focused on the problem of regulating the operation of data systems of road transport telematics in the Russian Federation to satisfy the widening needs of governments and municipal authorities, natural and legal persons who access and use the relevant data. The authors identify two main approaches to improving the law applicable to road transport telematics: comprehensive regulation and selective, point-by-point regulatory changes. Both approaches envisage introducing amendments to the law, removing gaps including by defining the legal regime applicable to data generated through the use of transport telematics, creating an environment for efficient operation of the Autonet, …
Natalia Kapyrina
Maria Kolzdorf
Published: April 30, 2022
The comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued in October and November 2021. This Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of validity of registered intellectual property rights. Therefore, this review predominantly covers substantive requirements for patent and trademark protection, as well as procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review covers such issues as the procedure for challenging a Eurasian patent term …
Volos Aleksei Aleksandrovich
Published: Nov. 2, 2022
The article explores the key issues that arise when digital assets make part of the estate. It considers how the classical theory of inheritance law could be used in the case of digital inheritance and what clarifications should be made to this theory. The purpose of the study is to examine the features of the category “heritable digital assets” and how it evolves as society undergoes digital transformation. To achieve this purpose, the first part of the study is focused on the general issues of the theory of heritable assets while the second part explores the problems of qualifying assets …
Isakov Vladimir Borisovich
Published: Nov. 2, 2022
Language in this paper is understood as a system of signs of various physical nature, which serves cognitive and communicative functions in human thinking. Languages are formed naturally or created by man artificially for certain purposes. The graphic language as a class belongs to artificial language systems. Graphic language in law is not a unique phenomenon. The system of state symbols studied by heraldry is a variety of the graphical language, just as traffic signs and other signs in transport — water, sea, air, rail, pipeline. The military have a system of symbols of their own such as grade and …
Nabil Ahmad Afif
Reeta Sony A.L.
Published: Dec. 23, 2021
At present, algorithms are becoming the heart of society by taking control over the decision-making process as societies are increasingly getting digitalised. There is a consistent theme that an unaccountable, black box technology has taken over the stage and is now making decisions for us, with us, and about us. But the contention around public participation in making decisions in science and technology needs to advance to a stage where there is a more direct conversation between the public and those developing the technologies. With the above mentioned conception of moderating emerging technologies’ development, primarily digital technology due to its …
Natalya Buzova
Marina Karelina
Published: Dec. 23, 2021
The paper looks at improving the judicial system in Russia facing the rapid technological change of modern society in which new relationships are largely associated with different areas of intellectual property. Today biotechnology, digital rights, computer programs and scientific research materials have become widely used in civil circulation and their intellectual property rights should be effectively protected. The paper discusses different issues of protecting intellectual rights provided for by the Civil Code of the Russian Federation, aimed at both suppressing and preventing their infringement, and assesses the statistical indicators of the courts. The practice of the Intellectual Property Rights Court …