Опубликована Июль 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 …
Опубликована Дек. 9, 2021
Law as a regulatory system based on the principle of formal equality in freedom is a social phenomenon immanently inherent in a technogenic civilization with its cultural matrix, in which “gene” of techne (skill based on knowledge) was rooted. The specifics of the current stage in the technogenic civilization development are determined by NBIK technologies, NBIK technologies, which contain not only tremendous opportunities to improve the quality of human life, but also no less large-scale dangers of dehumanization, due to their intentions on the posthuman perspectives. The need to resist the destructive potential of these technologies in order to keep …
Опубликована Май 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 …
Опубликована Май 4, 2021
Analysis of ways of limiting secrecy of correspondence in Russian judicial practice
Опубликована Май 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 …
Опубликована Ноя. 4, 2020
Analysis of confidentiality of communications in Russian judicial practice.
Опубликована Ноя. 4, 2020
The pandemic is a watershed event that has prompted both an evaluation of the achievements of information and communications technology (ICT) and also a re-evaluation of the prospects for developing social processes compatible with ICT. Much has been already been accomplished in Russia and throughout the world. But in the current pandemic, telemedicine is facing new challenges. This article discusses the state of the art in telemedicine and the prospects for its development in the changing conditions wrought by the pandemic. Examples are provided of the solutions that telemedicine can offer in such a difficult period, and the risks due …
Опубликована Дек. 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 …
Опубликована Май 4, 2021
For several years, almost everyone has been talking about blockchain. The underlying distributed ledger technology has become (in)famous as the technology behind cryptocurrencies such as Bitcoin and Ether. But what about blockchain and intellectual property like patents and copyright? Could this technology be used for the protection and enforcement of such rights? Which role can smart contracts play in this regard? This article focuses on questions concerning the requirements for provingthe protection of technical inventions as well as on the administration and exploitation of intellectual property rights. The latter could play an important rolefor intellectual property, which has not been …
Опубликована Ноя. 4, 2020
Digitalizing the court activity in the Republic of Kazakhstan