юридическая ответственность

Conceptual approach to the classification and certification of robots and complex automated information systems

Introduction. The development and spread of robots, artificial intelligence systems and complex automated information systems are associated with the problem of causing harm by their decisions and actions, as well as the problem of legal liability for this harm. Theoretical analysis. One of the main functions of legal liability is general and private prevention. When applied to robots, it requires them to be reprogrammed, retrained, or eliminated. Thus, the issue of the possibility, forms and conditions of their existence is directly related to the problem of legal responsibility of autonomous and sometimes unpredictable software and hardware mechanisms. A systemic legal structure aimed at ensuring safety and predictability in the creation and operation of robots can be built on the basis of a classifying standard, and each class will be associated with certain forms and models of responsibility. Empirical analysis. The basis of the legal classification of robots and complex automated information systems will be the threats associated with causing harm as a result of their spontaneous actions and decisions, correlated with the forms of legal liability. The following threats can be identified: causing the death of a person; unlawful change in the legal status of the subject; causing material harm; violation of the personal non-property rights of a person; information or other property of the owner (user), not related to causing harm to third parties; the threat of illegal behavior of robots. Results. The authors propose a classification of robots and complex automated systems, as well as approaches to legal liability and security for each class, and indicate directions for promising development of legal and technical standards necessary to ensure this classification and certification.

Problems of implementation of anti-corruption standards in relation to persons holding public offi ce: Constitutional and legal aspect

Introduction. The article analyzes examples of procedures related to the implementation of anti-corruption standards, taking into account the specifi cs of offi cial relations, their administrative and intra-organizational nature. Theoretical analysis. The author reveals the problems of implementing anti-corruption standards. It is noted that in most cases the offi cial legislation provides that the conclusions drawn from the results of all inspections are not binding. The fi nal decision in relation to civil servants is made by the employer’s representative; the decision with regard to persons holding public positions is taken by the President of the Russian Federation; at the regional level, the heads of the constituent entities of the Russian Federation exercise control over compliance with anti-corruption standards. Empirical analysis. Currently, there is no specialized state anti-corruption body in the Russian Federation, but the need to create one is provided for by the UN Convention against Corruption. Results. The article concludes that the procedures for implementing anti-corruption standards in relation to persons holding public positions in the Russian Federation, as well as in relation to state and municipal employees, are essentially “internal” in nature. The constitutional and legal status of persons holding public offi ce requires monitoring their compliance with anti-corruption standards with the participation of various branches of government. To this end, a specialized anti-corruption body should be formed at the federal level in the Russian Federation, which may become an Interdepartmental Commission on Anti-Corruption.

Financial and Legal Responsibility in Customs Sphere

Introduction. The customs sphere is characterized by the use of administrative, criminal, civil, disciplinary, financial responsibility. However, the issue of recognizing the financial and legal as a separate type of legal liability is still debatable. Purpose. The main goal is to analyze the problem of the existence of financial and legal responsibility in Russian law as a whole, as well as in the field of customs. Results. In the Russian customs legislation distinguished sanction, bearing a distinct financial and legal nature. For those primarily related penalties. Conclusion. In the paper founded is conclusion that the financial and legal responsibility is an independent kind of legal responsibility and not a form of administration. Consistently prove the penalties accessory to the customs law to sanction, as the financial and legal responsibility. The author suggested the definition of financial liability in the field of customs.

Public Service Announcement and Propaganda: Multiplicities of Legal Regulation

Introduction. The problem of protecting the population from the negative information environment and information security very acute at the present time in modern Russian society. A large amount of information we collect is of a destructive nature and forms of antisocial, marginal behavior, and therefore we need to search for actual information dialog, which would be implemented within the legal field. There are many forms of information interaction between government, society and citizens. Some of these forms are advertising and propaganda. Methods. Methodological basis of research is comparative legal method that enabled the author to conduct a comprehensive comparative analysis of the category «propaganda» and «social advertising», peculiarities of legal regulation. To conduct the study was also used formal legal method, analysis method, induction and modeling that enabled the author to propose changes to the current Russian legislation and justify their necessity at the present stage of development of the Russian legal system. Results. The author investigated the Russian legislation on the subject of legal regulation of social advertising and propaganda, conducted a comparative legal analysis of these categories according to their purposes and functions. Highlighted the problem of lack of legal term «propaganda» in modern Russian legislation, leading to legal uncertainty. Conclutions. The author comes to the conclusion about the lack of legal regulation of the institute of social advertising in the Federal law «On advertising», since the latter is almost contrary to the whole nature of advertising, and therefore it is important not only to define the social advertising should be clearly defined criteria that must be met for social ads and place them in the Federal law «On charitable activity and charitable organizations».