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Prudentov Roman V.
Published: July 20, 2020
This paper focuses on identifying key legal considerations and developments in the area of surveillance in Europein human rights, with its emphasis on the jurisprudence of the European Court of Human Rights. The aim of this research was to enhance and align law and practices in this area in Russiaand Europe. The author analysed the core and most novel Court cases that may be applicable to the subject matter, including by analogy, as well as the latest research in this area. This paper considers, inter alia, ability to challenge relevant law and practices in abstracto, legitimate aims justifying interference, the …
Salikhov Damir R.
Published: July 20, 2020
“Regulatory sandboxes” are regarded as a special mechanism for setting up experimental regulation in the area of digital innovation (especially in financial technologies), creating a special regime for a limited number of participants and for a limited time. Russia has its own method of experimental regulation, which is not typical but may be helpful for other jurisdictions. There are three approaches to legal experiments (including digital innovations) in Russia. The first approach is accepting special regulation on different issues. There are recent examples of special laws (e.g. Federal Law on the experiment with artificial intelligence technologies in Moscow). An alternative …
Sidorenko E.L.
von Arx P.
Published: April 20, 2020
The subject under analysis is the peculiarities around the legal regulation of digital technologies and products arising from digital technologies. The choice of this topic was predetermined by the active development of digital services and digital financial assets, and the necessity to adapt modern legislation to the needs of the digital economy. Despite the fact that several strategies for the development of digital law are being worked out at the level of international organizations, neither in theory nor in practice is there a single understanding of the legal nature of digital technologies and the foundations of their legal regulation. From …
Goncharov Alexander Ivanovich
Sadkov Vitaly Andreevich
Davudov Davud Akhmedovich
Sadkov Andrey Nikolaevich
Published: July 24, 2023
The information society of our time is characterized by large-scale and intensive use of computer technologies in most areas of economic relations. Many procedures of interaction between people and business entities are computerized and digitized. Remote technologies used on the Internet allow groups of people, in particular, to perform mathematical calculations and use the data obtained in the interests of participants in such collective calculations. The totality of such electronic data in the Russian Federation is legitimized as a digital currency. The legal content and place of digital currency in property turnover and the system of its state regulation seems …
Tereschenko Ludmila Konstantinovna
Starodubova Olesya Evgenievna
Published: July 24, 2023
The paper provides a review of the research workshop “New Information Technologies and Data Security” took place on 23 May 2023 at the Institute of Foreign Legislation and Comparative Law (ILCL). The authors reflect the keynotes of the reports made by representatives of the Institute of Legislation and Comparative Law, Kutafin Moscow State Law University, National Research University–Higher School of Economics (NRU-HSE), Moscow State Lomonosov University (MGU), Plekhanov State University of Economics, Moscow State City Pedagogical University, etc. The paper provides an insight into the legal issues under discussion: concept and meaning of data security in the current environment; development …
Danilov N.A.
Published: Dec. 14, 2022
The article deals with the development issues of e-government and e-governance in Russia and elsewhere. In modern society the social relationships appeared to be as evolving under the notable impact of information and communication technologies. The functioning of the state also changes in a number of aspects, with all three branches of governance affected by transformations. Executive authorities are subject to the most significant changes. With the emergence of e-government in countries with different political and legal traditions, the procedure for the provision of public and municipal services is changing and executive authorities become more transparent. The ongoing processes have …
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 …
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 …
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, …