Law

Introduction. Social networks as a relatively new form of Internet communication are actively used to create and exchange content, disseminate socially significant information, conduct business, search for work, education, create groups of like-minded people and organize their activities. At the same time, the practice of recent years has shown that the threats of using social networks for illegal purposes have also significantly increased – for example, to disseminate false or offensive information, involve users in committing criminal acts, and organize public unrest. Theoretical analysis. The following problems of legal regulation of activities in social networks have been established: theoretical lack of elaboration of many issues; the conditionality of user behavior by the properties inherent in social networks; the presence of conflicts between the rules established by the owners of social networks and the norms of the laws of individual states; 4) the complexity of regulating the behavior of a virtual personality; the need to take into account the regulatory potential of information technology. Empirical analysis. The study examines international acts that establish the main directions of interstate and national policy in the field of regulation of social networks. The analysis of the Federal Law No. 530-FZ dated December 30, 2020, which establishes the features of the dissemination of information on social networks in particular, the obligations of the owner of the social network, aimed at preventing the dissemination of illegal information. The user agreements of the most famous social networks VKontakte, Facebook, Instagram, Twitter are investigated and their comparative analysis with legislative norms is carried out. Results. Firstly, the analysis of the user agreements of the most famous social networks shows that their owners have already developed norms prohibiting the dissemination of illegal and unethical content, including materials containing calls to commit terrorist activities or justifying terrorism, extremism, pornographic, defamatory or discriminatory. At the same time, the terminological and content definitions of such information differ. Secondly, legislative innovations will lead to greater transparency in the relationship between the owners of social networks and users. Thirdly, the adoption of a law regulating the features of the dissemination of information in social networks testifies to the fact that the Russian Federation, like other countries, is taking measures to ensure state sovereignty in the information sphere.

Introduction. The triumph of liberal democracy in developed countries did not reduce the protest activity of citizens, revolutions and uprisings are still a phenomenon of modern time. The issue of the essence and mechanism of exercising the right of resistance (right of rebellion, right of revolution, iusresistendi) is becoming relevant, which also requires a historical analysis of Eastern political, legal and religious thought. Theoretical analysis. The author found out that the doctrine of the right of resistance is not the concept developed exclusively by Western lawyers and philosophers. Representatives of Chinese philosophical and Islamic religious thought made a significant contribution to the development of the idea of iusresistendi. The author concludes that there is no significant contribution of legal scholars from African countries in defining the essence of the right of resistance. Еmpirical analysis. The author conducted a comparative analysis of the teachings and legislation of several countries, which allows to solve the issue of the possibility of recognising criteria for legitimizing forms of resistance to oppression and the mechanism for their exisicing by acts and international documents in the future. Results. The idea of the right to resist oppression is fully reflected in Eastern political, legal and religious thought, which means its independence and self-sufficiency. The author revealed the essence of this right formulated by philosophers, jurists and authors of international law documents, the criteria for legitimizing resistance.

Introduction. The indigenous small-numbered peoples of the North of the Russian Federation received constitutional and legal status, due to which they have special guarantees, including priority access to the resources of aquatic ecosystems. The indigenous peoples of the Russian North are allowed to catch some species of mammals, which are under a special protection status, in order to maintain their traditional way of life. Theoretical analysis. Catching and commercialization of aquatic organisms, their use as food products, medicinal products, and household items generate negative consequences for biological resources and contribute to the social degradation of the indigenous peoples of the North. Empirical analysis. The previously applied strategy of preserving the indigenous peoples of the North intensified the crisis of small ethnic groups and contributed to the illegal extraction of aquatic biological resources. Today, the state is improving the mechanism for registering indigenous peoples for the exercise of their social and economic rights, draws attention to the need to comply with the principle of combining rights and obligations in the implementation of marine animal hunting. Results. Marine animals are an integral part the life of indigenous peoples of the North: they form the basis of the protein type of nutrition, are used in ethnomedicine, and allow to express the cultural potential through artistic craft and types of traditional activities. Marine hunting depletes natural resources of aquatic ecosystems, affects the spread of zoonotic pathogens, contributes to the development of illegal trade in marine animals and (or) their parts, exacerbates the problem of climate change. Recent changes in legislation indicate that the state is revising its attitude to aquatic biological resources based on the modern development of the indigenous peoples of the North.

Introduction. The role of social media is objectively increasing in modern digital information space. They are much involved in shaping public opinion while democracy and civil society are being built and developed. Social media also contribute to the freedom of speech guaranteed by the Constitution. In the context of globalization, the development of state legal regulation often turns to the implementation of the rules which have already been tested in other countries. The fast development of relations in the field of social media and piecemeal legal regulation of this field in Russia make the foreign experience highly demanded. Theoretical analysis. Social media is one of the key actors in shaping public opinion. However, the current legislation of the Russian Federation very superficially regulates the legal status of this media institution. In turn, the Federal Republic of Germany has more experience in the legal regulation of social media. Based on a certain proximity of the state and legal mechanisms of Russia and Germany, as well as the high level of development of democratic institutions of the latter, the authors analyzed the status of social media in the constitutional and legal space of these countries in order to study the possibility of adapting the German experience to improve Russian legislation. Empirical analysis. The high degree of influence of social media on public opinion is due to a number of specific characteristics of their creation and functioning: the spontaneous nature of content creation, the high speed of information dissemination, the minimum level of external influence, the easily perceived nature of information. Taken together, these characteristics of the institution significantly complicate the implementation of legal regulation in relation to them, effective and efficient in practice, which also determines the conduct of the study. Results. We have studied common and individual features of the legal regulation of social media in the Russian Federation and the Federal Republic of Germany. Based on our conclusions, we are coming up with several proposals for the improvement of the Russian legislation on social media. Russia has significant weaknesses and conflicts of laws in the sphere of media production and information dissemination. Russian legislation in no way covers the social media not registered as mass media in the manner prescribed by law. In our opinion, the German legislation on social media also has certain deficiencies. However, some rules may be adapted to Russian legislation. Based on our research, we propose to draft a federal law on social media, which would partially reflect German experience.