Law
Prospects and problems of using machine-readable law in legal proceedings |
Introduction. The article is devoted to the study of the potential application of machine-readable law technologies in the field of judicial protection of human rights. In the course of the research, the authors analyzed the Concept of development of machine-readable law technologies, approved by the Governmental Commission on Digital Development and the Use of Information Technologies for Improving the Quality of Life and the Business Environment. It was established that the achievement of one of the key directions of application of machine-readable law, according to the Concept, i.e. modernization of judicial proceedings in Russia, will objectively entail the improvement of the procedure of judicial protection of human rights. Theoretical analysis. The current state of legal proceedings in the Russian Federation is characterized by a set of problems that negatively affect the efficiency of the judicial protection of human and civil rights and freedoms in Russia. The concept of development of machinereadable law technologies offers a number of directions for the improvement of law enforcement in the framework of judicial proceedings in the Russian Federation with the use of machine-readable law technologies, which, hypothetically, will lead to the improvement of the mechanism of judicial protection of human rights. In turn, scientific community also puts forward additional directions of application of machine-readable law in the field of legal proceedings. Empirical analysis. The “advantages” of application of machine-readable law in court proceedings, highlighted by the Concept of development of machine-readable law technologies, can be recognized as effective in the tactical perspective. In addition, the development and application of the concept of machine-readable law in the field of judicial protection of human rights can be associated with the development and use of artificial intelligence technologies. Results. According to the results of the study of the Concept of development of machine-readable law technologies, as well as the ideas of legal scholars, the authors reached conclusions about the usefulness of the chosen approach to the definition of the concept of machine-readable law in the document. Notwithstanding some theoretical flaws in formulation of the machine-readable law and its ontology in the studied Conception, certain directions of development and implementation of the machinereadable law in the sphere of legal proceedings have tactical character, seem to be useful and effective for improvement of judicial protection of human rights. At the same time, this approach to the definition of machine-readable law and guidelines for its development can be used in the future to improve the concept in order to solve strategic problems of judicial enforcement. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 4 |
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. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 4 |
Constitutional regulation of economic policy in the countries of the Commonwealth of Independent States (CIS) |
Introduction. Economic policy is one of the most important components of foreign and domestic policy. The constitutional foundations of the country’s economy create the legal basis for the organization of economic activity. Theoretical analysis. Economic policy is defined as the legitimate activities of state bodies aimed at achieving the welfare of the state and society and establishing stable economic growth, carried out in accordance with the constitutional principles of the economic system. Empirical analysis. Constitutional regulation of economic policy is implemented by consolidating the foundations, principles of economic activity and the system of government bodies with the establishment of their constitutional status, goals, a clear division of powers and methods of interaction between each other in the formation and implementation of economic policy. The article presents their analysis and examines the practice of constitutional reform in order to improve the effectiveness of economic policy. Results. The problems of constitutional regulation of the economic policy of the CIS countries are formulated and proposals for their solution are expressed. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
The problem of differentiation of the competence of the federal and regional authorities of the state environmental control (supervision) |
Introduction. The article is devoted to the problem of delimitation of competence for carrying out control and supervisory activities vertically – between federal and regional executive authorities that implement the function of environmental control (supervision). Theoretical analysis. The delimitation of the powers of federal and regional authorities in the field of state environmental control (supervision) is rather vague. The transfer of a large amount of such powers has led to the complication of the system of state environmental control (supervision). The objects of regional state environmental supervision are determined according to the residual principle without the mandatory fixing their list. At the same time, the legislation does not provide for the possibility of transferring the powers of regional executive authorities in the field of environmental protection to federal authorities. Empirical analysis. In practice, there is often duplication of control and supervision powers in the environmental sphere between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, as well as local governments, which negatively affects their performance. In the constituent entities of the Russian Federation there are no specialized bodies exercising the implementation of the powers transferred by the Russian Federation. Results. It is concluded that there is no effective interaction between environmental control (supervision) bodies at all levels of government due to insufficient regulation of this issue in the legislation. In order to eliminate legal conflicts, simplify the interaction between subjects, the article substantiates the necessity of adoption of the Federal Law “On Environmental Control (Supervision)”; development and adoption of administrative regulations for the interaction of federal and regional environmental control (supervision) bodies; conclusion of agreements on the “reverse delegation” of powers from the executive authorities of the constituent entities of the Russian Federation to the federal bodies of state environmental control (supervision). |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
Natural Duties of the Person: a Myth or a Reality? |
Article is devoted research of a question of existence of the so-called «natural duties» allocated by analogy to the natural rights. The author considers hypothetically existing «natural duties» of the person from the point of view of criterion of their objectivity and presence at the person from a birth. The question of interdependency the natural rights and «natural duties» of the person is mentioned also. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1 |
To the Question of Russian President’s Power of Clemency |
The main topic of the article is President’s constitutional power in a sphere of person’s legal status, in particular clemency. Also the sphere of clemency is partly regulated by local laws. Federal and regional executive and legislative bodies like clemency comissions and Constitutional rights department of President’s Administration contribute to implementaion of President’s power of clemency. In the article the author formulates legislative improvements that will set up legal bounds of President’s power of clemency. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1 |
The Practice of Protection Against Discrimination in the Decisions of the European Court of Human Rights |
This paper examines the case law on the prohibition of discrimination by the European Court of Human Rights. It is noted that the decisions taken in respect of the principle of non discrimination the practice of the Russian authorities. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1 |
Substance of Constitutional Law for Getting Free Higher Education in Contemporary Russia |
The article deals with determination of concept and substance of constitutional law for receiving free higher professional education in modern Russia; reveals warrants of this law on the basis of analysis of educational legislation and law enforcement practice. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1 |
Case M. Baylis in the Materials Extraordinary Inquiry Commission of Provisional Governmen |
The article reviews the work of one of the investigative unit of the Extraordinary Inquiry Commission of Provisional Government t to investigate «illegal actions of senior officials in the criminal case of Mendel Bailis». |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1 |
Forms of Public Control in Judicial System of the Russian Federation |
In article features of realization of public control over functioning of courts in the Russian Federation are considered, the characteristic of forms of control of citizens and the institutes of a civil society used for maintenance of an openness of activity of judicial system is given. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1 |