Pub Date : 2024-01-22DOI: 10.17803/1994-1471.2024.159.2.080-089
M. V. Samsonova
The institution of jurisdiction in civil cases has undergone significant changes over the past 20 years with numerous additions been made to it, which indicates a change in the concept of distribution of cases between courts, developed during the preparation of the Civil Procedure Code of the RSFSR in 1964. A complicated judicial system, as well as an increase in the variety of cases submitted to the courts, required new rules establishing the relevance of a particular case to the court. However, as the analysis of the changes that took place showed, the most of the changes were made to resolve current problems beyond any general concept replacing the Soviet one. In order to improve the institution of jurisdiction in civil cases, an integrated approach is needed that will allow us to elucidate the meaning of the norms of jurisdiction at the present stage of the development of civil procedure law; to develop reasonable criteria for the distribution of cases between different courts; to increase safeguards of the interests of persons involved in the case when transferring cases from one court to another; to improve the mechanism for transferring cases; to resolve the question of admissibility and boundaries of the agreement on jurisdiction; to substantiate the criteria of insignificance of cases to determine jurisdiction of Justices of the Peace; to update the grounds for alternative, exclusive jurisdiction.
{"title":"Problems of Improving the Institution of Jurisdiction in Civil Cases","authors":"M. V. Samsonova","doi":"10.17803/1994-1471.2024.159.2.080-089","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.080-089","url":null,"abstract":"The institution of jurisdiction in civil cases has undergone significant changes over the past 20 years with numerous additions been made to it, which indicates a change in the concept of distribution of cases between courts, developed during the preparation of the Civil Procedure Code of the RSFSR in 1964. A complicated judicial system, as well as an increase in the variety of cases submitted to the courts, required new rules establishing the relevance of a particular case to the court. However, as the analysis of the changes that took place showed, the most of the changes were made to resolve current problems beyond any general concept replacing the Soviet one. In order to improve the institution of jurisdiction in civil cases, an integrated approach is needed that will allow us to elucidate the meaning of the norms of jurisdiction at the present stage of the development of civil procedure law; to develop reasonable criteria for the distribution of cases between different courts; to increase safeguards of the interests of persons involved in the case when transferring cases from one court to another; to improve the mechanism for transferring cases; to resolve the question of admissibility and boundaries of the agreement on jurisdiction; to substantiate the criteria of insignificance of cases to determine jurisdiction of Justices of the Peace; to update the grounds for alternative, exclusive jurisdiction.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"6 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140499586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-22DOI: 10.17803/1994-1471.2024.159.2.027-035
S. A. Alekhina
The paper is devoted to the study of the provisions of modern civil procedure legislation with regard to the grounds for the cancellation or amendment of court decisions in cassation in the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation. The formulation of these grounds is unclear, which prompts their analysis. The author carries out an analysis in comparison with the grounds for the cancellation or modification of court decisions at other verification stages of civil proceedings — the appellate instance and in the cassation courts of general jurisdiction. The problem chosen for study has both theoretical and practical significance. The author substantiates that, despite the complexity and redundancy of the wording of the provisions of the law on the grounds for the cancellation (altering) of court decisions in the second cassation, in essence these grounds are the same as in the appellate and first cassation instances. The author also raises the issue of the impact of the quality of procedural legislation on the effectiveness and accessibility of justice in civil cases.
{"title":"The Quality of Civil Procedure Legislation as a Necessary Prerequisite for the Accessibility and Effectiveness of Justice","authors":"S. A. Alekhina","doi":"10.17803/1994-1471.2024.159.2.027-035","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.027-035","url":null,"abstract":"The paper is devoted to the study of the provisions of modern civil procedure legislation with regard to the grounds for the cancellation or amendment of court decisions in cassation in the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation. The formulation of these grounds is unclear, which prompts their analysis. The author carries out an analysis in comparison with the grounds for the cancellation or modification of court decisions at other verification stages of civil proceedings — the appellate instance and in the cassation courts of general jurisdiction. The problem chosen for study has both theoretical and practical significance. The author substantiates that, despite the complexity and redundancy of the wording of the provisions of the law on the grounds for the cancellation (altering) of court decisions in the second cassation, in essence these grounds are the same as in the appellate and first cassation instances. The author also raises the issue of the impact of the quality of procedural legislation on the effectiveness and accessibility of justice in civil cases.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"29 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140500731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.135-145
A. O. Laktyukhin
One of the modern trends in the development of criminal legislation in Russia is manifested in an increase in the number of norms with administrative prejudicial effect. Such norms are enshrined in most chapters of the Criminal Code of the Russian Federation, which emphasizes their importance for the legislator. In these conditions, there is no doubt that for the correct application of these norms it is necessary, first, to correctly interpret the essence of administrative prejudicial effect, to understand its main purpose and characteristics. Today in criminal law there is no legal interpretation of this term, which leads to the emergence of ever new approaches to the definition of administrative prejudice in criminal law. However, they do not fully reveal its essence, but only touch on its individual features. A particularly fundamental point that emphasizes the importance of identifying the legal nature of administrative prejudicial effect is that in science there are ongoing debates regarding the admissibility of such norms in criminal law in principle. In the absence of unity in the terminology used, the legislator also proposes different ways to consolidate administrative prejudicial effect in criminal law. The logical result of such an ambiguous approach to the formulation of crimes with administrative prejudicial effect is the difficulty in interpreting the elements of such crimes. At the same time, it is obvious that these criminal law norms, due to the unity of their legal purpose, must be established uniformly. Uniformity should be manifested both in the use of uniform terminology and in the application of the same approach to the construction of such crimes. In this regard, it is relevant to search for an integrated approach to establishing the essence of administrative prejudicial effect as a special criminal legal phenomenon.
{"title":"The Essence of Administrative Prejudicial Effect as a Legal Phenomenon","authors":"A. O. Laktyukhin","doi":"10.17803/1994-1471.2023.156.11.135-145","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.135-145","url":null,"abstract":"One of the modern trends in the development of criminal legislation in Russia is manifested in an increase in the number of norms with administrative prejudicial effect. Such norms are enshrined in most chapters of the Criminal Code of the Russian Federation, which emphasizes their importance for the legislator. In these conditions, there is no doubt that for the correct application of these norms it is necessary, first, to correctly interpret the essence of administrative prejudicial effect, to understand its main purpose and characteristics. Today in criminal law there is no legal interpretation of this term, which leads to the emergence of ever new approaches to the definition of administrative prejudice in criminal law. However, they do not fully reveal its essence, but only touch on its individual features. A particularly fundamental point that emphasizes the importance of identifying the legal nature of administrative prejudicial effect is that in science there are ongoing debates regarding the admissibility of such norms in criminal law in principle. In the absence of unity in the terminology used, the legislator also proposes different ways to consolidate administrative prejudicial effect in criminal law. The logical result of such an ambiguous approach to the formulation of crimes with administrative prejudicial effect is the difficulty in interpreting the elements of such crimes. At the same time, it is obvious that these criminal law norms, due to the unity of their legal purpose, must be established uniformly. Uniformity should be manifested both in the use of uniform terminology and in the application of the same approach to the construction of such crimes. In this regard, it is relevant to search for an integrated approach to establishing the essence of administrative prejudicial effect as a special criminal legal phenomenon.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.127-134
O. N. Nadonenko
In the paper, the author analyzes the reasons for the negative attitude of the courts towards such evidence as expert opinions that is applied by both the defense and the investigation. However, the effectiveness of such is currently very low because during pre-trial proceedings and in court they are often recognized as inadmissible. The most common justification for refusal to include an expert opinion is the fact that the expert was not notified of criminal responsibility for giving a willfully false statement. However, this kind of caution is not provided for in the procedural code, and the expert opinion itself is not included in the disposition of Art. 307 «Willfully false statement, expert opinion, specialist or incorrect translation» of the Criminal Code of the Russian Federation, in contrast to Art. 309 «Bribery or coercion to give testimony or avoidance of giving testimony or incorrect translation» of the Criminal Code of the Russian Federation. According to the author, this is due to the inconsistency of the norms of the Code of Criminal Procedure of the Russian Federation and the Criminal Code of the Russian Federation, as a result of which the application of Art. 307 of the Criminal Code of the Russian Federation against experts for willfully false statement or opinion is virtually impossible to implement. The author proposes to make changes to the current procedural and criminal legislation in order to improve the current situation. Thus, the need to add to Art. 58 of the Code of Criminal Procedure of the Russian Federation provisions on notifying experts about criminal responsibility under Art. 307 of the Criminal Code of the Russian Federation, and in Art. 307 of the Criminal Code of the Russian Federation — expert opinions.
{"title":"Bringing an Expert to Criminal Responsibility under Art. 307 of the Criminal Code of the Russian Federation","authors":"O. N. Nadonenko","doi":"10.17803/1994-1471.2023.156.11.127-134","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.127-134","url":null,"abstract":"In the paper, the author analyzes the reasons for the negative attitude of the courts towards such evidence as expert opinions that is applied by both the defense and the investigation. However, the effectiveness of such is currently very low because during pre-trial proceedings and in court they are often recognized as inadmissible. The most common justification for refusal to include an expert opinion is the fact that the expert was not notified of criminal responsibility for giving a willfully false statement. However, this kind of caution is not provided for in the procedural code, and the expert opinion itself is not included in the disposition of Art. 307 «Willfully false statement, expert opinion, specialist or incorrect translation» of the Criminal Code of the Russian Federation, in contrast to Art. 309 «Bribery or coercion to give testimony or avoidance of giving testimony or incorrect translation» of the Criminal Code of the Russian Federation. According to the author, this is due to the inconsistency of the norms of the Code of Criminal Procedure of the Russian Federation and the Criminal Code of the Russian Federation, as a result of which the application of Art. 307 of the Criminal Code of the Russian Federation against experts for willfully false statement or opinion is virtually impossible to implement. The author proposes to make changes to the current procedural and criminal legislation in order to improve the current situation. Thus, the need to add to Art. 58 of the Code of Criminal Procedure of the Russian Federation provisions on notifying experts about criminal responsibility under Art. 307 of the Criminal Code of the Russian Federation, and in Art. 307 of the Criminal Code of the Russian Federation — expert opinions.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.073-082
M. Y. Kuzmenkov
Recently, consideration of the issues of legal regulation of artificial intelligence has become increasingly relevant. Most legal works are devoted to the study of responsibility of a legal personality that arises or does not arise from activities involving the use of artificial intelligence. However, for developers of the relevant software, the issue of intellectual property protection, namely, exclusive rights to computer programs, is more interesting. In particular, the types of licenses under which open source software products (such as MIT, GPL, BSD, Apach), their main characteristics, disadvantages and advantages are of interest. Of particular interest is the legal regulation of such license agreements in the context of cross-border turnover of software packages, as well as the existence of the open source concept. In addition, in order to dive deeper into the subject area of the study, the paper discusses basic concepts from the theory of machine learning.
{"title":"License Agreements used in Distribution of Machine Learning Software Packages","authors":"M. Y. Kuzmenkov","doi":"10.17803/1994-1471.2023.156.11.073-082","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.073-082","url":null,"abstract":"Recently, consideration of the issues of legal regulation of artificial intelligence has become increasingly relevant. Most legal works are devoted to the study of responsibility of a legal personality that arises or does not arise from activities involving the use of artificial intelligence. However, for developers of the relevant software, the issue of intellectual property protection, namely, exclusive rights to computer programs, is more interesting. In particular, the types of licenses under which open source software products (such as MIT, GPL, BSD, Apach), their main characteristics, disadvantages and advantages are of interest. Of particular interest is the legal regulation of such license agreements in the context of cross-border turnover of software packages, as well as the existence of the open source concept. In addition, in order to dive deeper into the subject area of the study, the paper discusses basic concepts from the theory of machine learning.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"313 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.097-110
V. G. Istomin
{"title":"Competition as a Phenomenon of Public Life, an Object of Legal Support and Protection","authors":"V. G. Istomin","doi":"10.17803/1994-1471.2023.156.11.097-110","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.097-110","url":null,"abstract":"","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.154-163
E. S. Tsvetkova
The paper is devoted to the study of methods for notarial protection of digital rights of corporate participants. The work examines the concept and types of digital rights, possible transactions that can be concluded at the external corporate level with digital assets, including cryptocurrencies and tokens, and assesses the legal regulation of the circulation of NFTs. The paper examines the risks of concluding smart contracts to which organizations are parties, and also evaluates their security and warranty, and examines the prospects for attracting a third-party arbitrator in the person of a notary in order to protect the rights and legitimate interests of the parties. The notary has long established itself as an effective mechanism for extrajudicial protection and protection of the rights of citizens and legal entities, and the presence of notaries’ own electronic infrastructure and a multi-level liability insurance system allows us to consider the notarial form of protection as an effective means of maintaining a balance of interests and the legality of concluded transactions. The issue of protecting digital rights is rapidly attracting more and more attention in civil science. The implementation of smart contracts on the Internet has revealed a number of problems, such as the impossibility of making changes to the concluded agreement and the influence of vice of will on the entire chain of relationships arising in blockchain technology. In terms of corporate participation in digital transactions, there are also many questions raised regarding verifying that the representative is properly authorized to enter into a transaction and that all procedures for approving the transaction and notifying interested parties have been followed. Since digital assets are classified as property, they are subject to civil law consequences related to this category of objects of civil rights.
{"title":"Notarial Protection of Digital Rights of Corporate Participants","authors":"E. S. Tsvetkova","doi":"10.17803/1994-1471.2023.156.11.154-163","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.154-163","url":null,"abstract":"The paper is devoted to the study of methods for notarial protection of digital rights of corporate participants. The work examines the concept and types of digital rights, possible transactions that can be concluded at the external corporate level with digital assets, including cryptocurrencies and tokens, and assesses the legal regulation of the circulation of NFTs. The paper examines the risks of concluding smart contracts to which organizations are parties, and also evaluates their security and warranty, and examines the prospects for attracting a third-party arbitrator in the person of a notary in order to protect the rights and legitimate interests of the parties. The notary has long established itself as an effective mechanism for extrajudicial protection and protection of the rights of citizens and legal entities, and the presence of notaries’ own electronic infrastructure and a multi-level liability insurance system allows us to consider the notarial form of protection as an effective means of maintaining a balance of interests and the legality of concluded transactions. The issue of protecting digital rights is rapidly attracting more and more attention in civil science. The implementation of smart contracts on the Internet has revealed a number of problems, such as the impossibility of making changes to the concluded agreement and the influence of vice of will on the entire chain of relationships arising in blockchain technology. In terms of corporate participation in digital transactions, there are also many questions raised regarding verifying that the representative is properly authorized to enter into a transaction and that all procedures for approving the transaction and notifying interested parties have been followed. Since digital assets are classified as property, they are subject to civil law consequences related to this category of objects of civil rights.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.029-038
V. Belyaev, G. Belyaeva
The paper provides for some meanings of such an important scientific direction as the improvement of procedural and legal regulation. The authors describe this regulation as a specific way of legal regulation of public relations in general. The essence of procedural and legal regulation involves the activity of authorized entities who, with the help of procedural and legal means, provide regulation and protection in the process of ordering public relations. In the most general form, efficiency is understood as the balance between the actual result obtained and the planned goal, the achievement of which is conditioned by the solution of the corresponding tasks. In turn, the procedural and legal regulation is mediated by the relevant criteria and conditions enumerated in the paper. The authors name the improvement of procedural legislation among such conditions, since now procedural legislation has collisions, gaps, imbalances, etc. Perfect legislation means effective and high-quality legislation, which requires appropriate monitoring, unification of the tasks of judicial proceedings, intersectoral convergence, etc. The paper highlights the importance of procedural principles. The authors propose to consolidate in legislation such of them as justice, equality of everyone before the law and the court, as well as the principle of establishing objective truth. The authors propose to develop and adopt at the level of the federal constitutional law the Fundamentals of Procedural Legislation and Legislation on Judicial Proceedings in the Russian Federation and describe their structural construction.
{"title":"Procedural Law Regulation: The Problem of Efficiency","authors":"V. Belyaev, G. Belyaeva","doi":"10.17803/1994-1471.2023.156.11.029-038","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.029-038","url":null,"abstract":"The paper provides for some meanings of such an important scientific direction as the improvement of procedural and legal regulation. The authors describe this regulation as a specific way of legal regulation of public relations in general. The essence of procedural and legal regulation involves the activity of authorized entities who, with the help of procedural and legal means, provide regulation and protection in the process of ordering public relations. In the most general form, efficiency is understood as the balance between the actual result obtained and the planned goal, the achievement of which is conditioned by the solution of the corresponding tasks. In turn, the procedural and legal regulation is mediated by the relevant criteria and conditions enumerated in the paper. The authors name the improvement of procedural legislation among such conditions, since now procedural legislation has collisions, gaps, imbalances, etc. Perfect legislation means effective and high-quality legislation, which requires appropriate monitoring, unification of the tasks of judicial proceedings, intersectoral convergence, etc. The paper highlights the importance of procedural principles. The authors propose to consolidate in legislation such of them as justice, equality of everyone before the law and the court, as well as the principle of establishing objective truth. The authors propose to develop and adopt at the level of the federal constitutional law the Fundamentals of Procedural Legislation and Legislation on Judicial Proceedings in the Russian Federation and describe their structural construction.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"149 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.111-117
A. Y. Burova
The paper examines the digital ecosystem as a way of doing business, and highlights the elements that make up the digital ecosystem: the digital environment, subjects — participants in the ecosystem, products sold. The author analyzed Russian digital services that can be classified as digital ecosystems. It is established that it is possible to speak about business ecosystems, the functioning of which is aimed at making a profit, and ecosystems that do not have a commercial purpose. Based on the analysis, the elements of the ecosystem are determined, which include: the holding company and other companies that manage the digital ecosystem; digital platform operators; partners of digital platform operators who sell their products through digital platforms; ecosystem users who consume partner products and intermediary services of digital platform operators. The author concludes that the features of the digital ecosystem associated with its structure should determine the content of future legislative regulation of digital ecosystems, which is in its infancy.
{"title":"Digital Ecosystem as a Way of Doing Business: Legal Perspective","authors":"A. Y. Burova","doi":"10.17803/1994-1471.2023.156.11.111-117","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.111-117","url":null,"abstract":"The paper examines the digital ecosystem as a way of doing business, and highlights the elements that make up the digital ecosystem: the digital environment, subjects — participants in the ecosystem, products sold. The author analyzed Russian digital services that can be classified as digital ecosystems. It is established that it is possible to speak about business ecosystems, the functioning of which is aimed at making a profit, and ecosystems that do not have a commercial purpose. Based on the analysis, the elements of the ecosystem are determined, which include: the holding company and other companies that manage the digital ecosystem; digital platform operators; partners of digital platform operators who sell their products through digital platforms; ecosystem users who consume partner products and intermediary services of digital platform operators. The author concludes that the features of the digital ecosystem associated with its structure should determine the content of future legislative regulation of digital ecosystems, which is in its infancy.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-16DOI: 10.17803/1994-1471.2023.156.11.011-028
A. A. Dvoretskiy
The paper examines theoretical views concerning the role and functions of procedural terms in different periods of the development of domestic civil procedural law. The author elucidates pre-revolutionary, Soviet and modern Russian legislation and doctrine in the field of procedural time limits. By analyzing the academic approach to the problem of the balance between the duration of the trial and the principle of the truthfulness of the court decision, the author demonstrates a change in approaches to understanding the socio-legal role of the institution of time limits (procedural deadlines). The author comes to the conclusion that, under the pre-revolutionary doctrine, procedural time limits were treated as a fundamental institution, through which not only the acceleration of the process is ensured, but also legal certainty in substantive and procedural relations. The Soviet doctrine reduced the role of procedural time limits to a means of enforcing the time-frame of proceedings, their ordering and ensuring procedural discipline. The modern doctrine witnesses a revival and deepening of the classical approach to understanding the importance of this institution as a factor in ensuring legal certainty, stability of civil turnover and implementation of the rule of law principle. A correct definition of the significance of procedural time limits is critically necessary due to the fact that the legislator, when setting deadlines for a certain duration of the proceedings, should be guided by their purpose in the mechanism of legal regulation.
{"title":"The Importance of the Institution of Time Limits in Russian Civil Proceedings: Evolution of Legal Approaches","authors":"A. A. Dvoretskiy","doi":"10.17803/1994-1471.2023.156.11.011-028","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.156.11.011-028","url":null,"abstract":"The paper examines theoretical views concerning the role and functions of procedural terms in different periods of the development of domestic civil procedural law. The author elucidates pre-revolutionary, Soviet and modern Russian legislation and doctrine in the field of procedural time limits. By analyzing the academic approach to the problem of the balance between the duration of the trial and the principle of the truthfulness of the court decision, the author demonstrates a change in approaches to understanding the socio-legal role of the institution of time limits (procedural deadlines). The author comes to the conclusion that, under the pre-revolutionary doctrine, procedural time limits were treated as a fundamental institution, through which not only the acceleration of the process is ensured, but also legal certainty in substantive and procedural relations. The Soviet doctrine reduced the role of procedural time limits to a means of enforcing the time-frame of proceedings, their ordering and ensuring procedural discipline. The modern doctrine witnesses a revival and deepening of the classical approach to understanding the importance of this institution as a factor in ensuring legal certainty, stability of civil turnover and implementation of the rule of law principle. A correct definition of the significance of procedural time limits is critically necessary due to the fact that the legislator, when setting deadlines for a certain duration of the proceedings, should be guided by their purpose in the mechanism of legal regulation.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139318734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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