Опубликована Июль 20, 2024
The paper contains an overview of the research workshop Digital platforms: new environment for collaboration at the Institute of Legislation and Comparative Law under the Federal Government (ILCL) on 23 April 2024, and findings of the expert survey Digital platforms in the focus of national law. Presentations by participants were systematized by the authors of the overview around the most relevant subjects related to digital platform operations: general issues of digital platform regulation; digital platforms’ impact on human rights; digital platforms in public administration; digital platforms in private law, criminal law and specific branches. The workshop was attended by researchers …
Опубликована Июль 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 …
Опубликована Июль 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 …
Опубликована Апрель 11, 2023
The paper provides an analysis of virtual reality as a subject of regulation while underlining the similarity of principles in gaming and regulatory activities as the elements of virtual reality. A deeper insight into the relationships between regulatory and gaming activities allows to make a statement that gaming provides a tool for situational analysis to identify the most rational action among the available alternatives thus offering a way to construct a legal reality. Assuming that people will make decisions by weighing costs and benefits to maximize the “utility”, and will interact with others by balancing preferences and constraints, the immersion …
Опубликована Дек. 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 …
Опубликована Дек. 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 …
Опубликована Дек. 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 …
Опубликована Дек. 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 …
Опубликована Ноя. 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, …
Опубликована Ноя. 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 …