Published: July 27, 2021
The author examines a special approach to establishing the sovereignty of the state in relation to cyberspace, the extraterritorial characteristics of which determine the question of the implementation of the territorial supremacy of the state. The author concludes that the understanding of the state’s sovereignty in relation to cyberspace lies not in detailing a set of measures in the form of sovereign powers undertaken in this area, but in constructing the boundaries of cyberspace both in relation to the technical component of the network infrastructure that supports the smooth functioning of the Network, and in in relation to the virtual …
Published: July 27, 2021
The dawn of the neocolonial project has seen the emergence of a new space: data. Data is a raw material that can be stitched, processed and marketed in the same way as the East India Company (EIC) used to do with India’s cotton. EIC, which started as one of the world’s first joint-stock companies, turned into a wild beast, building a corporate lobby with the help of lawyers and MP shareholders to amend legislation in its favor. The EIC became a particularly atrocious and innovative colonial project that directly or indirectly controlled continents, thanks to an army larger than the …
Published: May 4, 2021
The purpose of the present article is to gain an understanding of the opportunities and difficulties created by the introduction and development of the practice of network (smart) contracts. Our research methodology is based on a holistic set of principles and methods of scholarly analysis employed by modern legal science. It uses a dialectical method involving both general approaches (structural system method, formal logical method, analysis and synthesis of individual elements, individual features of concepts, abstraction, generalization, etc.) and particular methods (legal technical, systematic, comparative, historical, and grammatical methods, method of the unity of theory and practice, etc.). We analyze …
Published: May 4, 2021
Analysis of ways of limiting secrecy of correspondence in Russian judicial practice
Published: May 4, 2021
The broad use of artificial intelligence in creating intellectual works poses difficulties for legislators and courts in choosing the proper legal framework for such works and defining the place of artificial intelligence in the legal system as a whole. In this article, we shall study different models of regulating such issues and analyze the prospects and consequences of their use. We show that only a few of many different models for copyrighting AI-generated works are viable and that the most promising among them is the introduction of a special limited related right for the person who organizes the use of …
Published: Dec. 17, 2020
While the Internet promotes widespread communication, this communication is often anonymous. How to draw the line between freedom of speech and privacy? The specifics of protecting privacy and business reputation against violation by rating sites are discussed in this article. Do the activities of rating sites need special legal regulation? The author believes that the general rules on privacy and freedom of speech are sufficient for regulating these new relations. The respective court practice of Germany, the UK and the USA is analysed. The tentative conclusion is that rating sites do not contradict the law if they do not disseminate …
Published: Nov. 4, 2020
The rapid development of information technologies and digitalization of the global economy is compelling the Russian customs service to quickly create an electronic customs system that can coexist alongside the traditional paper customs control. The creation of electronic customs aligns with the development strategies outlined in Presidential Decree No. 204 “On national goals and strategic development tasks of the Russian Federation through 2024” of 7 May 2018. Electronic customs contributes to the development of international cooperation, exports, and an attractive investment climate. The first results of electronic customs are impressive: more than a third of all customs declarations are registered …
Published: Nov. 4, 2020
Digitalizing the court activity in the Republic of Kazakhstan
Published: Dec. 17, 2020
We are experiencing a digital revolution that is changing the very nature of law. Digital code becomes a form of regulation through which private actors link their values to technological artifacts that prove capable of conditioning their operations both on a material and moral level. But technological artifacts appear to be non-neutral means, reflecting choices of different nature, among which those of a political nature stand out. The more the regulatory provisions are implemented through the use of technologies, the more the codes acquire the status of a regulatory technique, which can be used both to define and incorporate regulatory …
Published: Dec. 17, 2020
The article examines relations new to Russian practice regarding the introduction of the concept of “fake news” into the legal field, dissemination of fake news and the problems of legal enforcement of the indicated norms, including administrative and criminal liability.