Pub Date : 2023-04-20DOI: 10.18572/1811-1475-2023-4-35-39
E. Dmitrikova
The changes in the legislation in the field of control and supervisory activities have changed the model of state control (supervision), have influenced the application of legislation on administrative offenses. Based on the analysis of law enforcement practice, the author draws conclusions about the results of judges' assessment of the grounds for bringing controlled persons to administrative responsibility for non-compliance with requirements, based on the rules for implementing “the regulatory guillotine”. Also attention is drawn to the application of legislation on state control (supervision) in a system with branch of legislative regulation, legislation on administrative offenses.
{"title":"Development and Practices of Application of Laws in the Sphere of Control and Supervisory Activities: Reform Influence","authors":"E. Dmitrikova","doi":"10.18572/1811-1475-2023-4-35-39","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-35-39","url":null,"abstract":"The changes in the legislation in the field of control and supervisory activities have changed the model of state control (supervision), have influenced the application of legislation on administrative offenses. Based on the analysis of law enforcement practice, the author draws conclusions about the results of judges' assessment of the grounds for bringing controlled persons to administrative responsibility for non-compliance with requirements, based on the rules for implementing “the regulatory guillotine”. Also attention is drawn to the application of legislation on state control (supervision) in a system with branch of legislative regulation, legislation on administrative offenses.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114881390","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 : 2023-04-20DOI: 10.18572/1811-1475-2023-4-55-59
A. Alekseenko
China demonstrates significant progress in developing cross-border e-commerce, as well as involving SMEs into it. For this purpose, the PRC created pilot zones of cross-border e-commerce. Its residents enjoy measures of support. This article analyzes the legislation of the PRC, provincial and municipal governments regarding the promotion of cross-border e-commerce. It is concluded that the central government determines only strategic goals, while the development plans for a particular pilot zone are formulated at the provincial and municipal levels, while local governments determine an amount of funding and the procedure for providing support measures. The author systematizes and describes the support measures that are provided to residents of the pilot zones of crossborder e-commerce. It is concluded that for the development of e-commerce, the Russian Government should not only implement an experiment on the creation of bonded warehouses, but also apply the experience of the PRC in supporting e-commerce exports.
{"title":"The Legal Regime of Pilot Zones of Transborder Electronic Trade in the PRC","authors":"A. Alekseenko","doi":"10.18572/1811-1475-2023-4-55-59","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-55-59","url":null,"abstract":"China demonstrates significant progress in developing cross-border e-commerce, as well as involving SMEs into it. For this purpose, the PRC created pilot zones of cross-border e-commerce. Its residents enjoy measures of support. This article analyzes the legislation of the PRC, provincial and municipal governments regarding the promotion of cross-border e-commerce. It is concluded that the central government determines only strategic goals, while the development plans for a particular pilot zone are formulated at the provincial and municipal levels, while local governments determine an amount of funding and the procedure for providing support measures. The author systematizes and describes the support measures that are provided to residents of the pilot zones of crossborder e-commerce. It is concluded that for the development of e-commerce, the Russian Government should not only implement an experiment on the creation of bonded warehouses, but also apply the experience of the PRC in supporting e-commerce exports.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129938870","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 : 2023-04-20DOI: 10.18572/1811-1475-2023-4-14-18
V. Arkhipov
Digital law is a polysemous phrase widely used in contemporary legal studies. From the point of view of analytical jurisprudence, its central meaning is defined by the “pervasive digital technologies” (artificial intelligence, distributed ledger systems, etc.). Doctrinal understanding of the problems of digital law requires the identification of a universal problem, as which the article proposes as a hypothesis the problem of agency in the broad sense of the word. The approach can be argued deductively and inductively. From the deductive point of view, agency is the central problem of the general filed of the philosophy of law and, as such, it should also be seen in specific fields of knowledge. From the inductive point of view, in the main specific problems of certain “pervasive digital technologies” there is a common feature of their connection with the problem of agency, which is demonstrated in the article on the basis of the technology of artificial intelligence. Confirmation of the hypothesis of subjectivity as the main problem of digital law (or an academic convention regarding such a hypothesis) will mean the existence of a general doctrinal principle to be taken into account in various forms of law-making and lawenforcement activities in cases where the formal-legal method cannot be applied due to objective circumstance.
{"title":"Subjectivity as the Main Scientific Problem of “Digital Law”: Development of a Hypothesis","authors":"V. Arkhipov","doi":"10.18572/1811-1475-2023-4-14-18","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-14-18","url":null,"abstract":"Digital law is a polysemous phrase widely used in contemporary legal studies. From the point of view of analytical jurisprudence, its central meaning is defined by the “pervasive digital technologies” (artificial intelligence, distributed ledger systems, etc.). Doctrinal understanding of the problems of digital law requires the identification of a universal problem, as which the article proposes as a hypothesis the problem of agency in the broad sense of the word. The approach can be argued deductively and inductively. From the deductive point of view, agency is the central problem of the general filed of the philosophy of law and, as such, it should also be seen in specific fields of knowledge. From the inductive point of view, in the main specific problems of certain “pervasive digital technologies” there is a common feature of their connection with the problem of agency, which is demonstrated in the article on the basis of the technology of artificial intelligence. Confirmation of the hypothesis of subjectivity as the main problem of digital law (or an academic convention regarding such a hypothesis) will mean the existence of a general doctrinal principle to be taken into account in various forms of law-making and lawenforcement activities in cases where the formal-legal method cannot be applied due to objective circumstance.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124960744","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 : 2023-04-20DOI: 10.18572/1811-1475-2023-4-29-34
Mikhail K. Tarzyan
The article is devoted to legal conflicts arising in connection with the absence in the current legislation of a legal mechanism for providing a person engaged in the use of the subsoil of the continental shelf, necessary for such use of a land plot, as well as a forest plot or a water body. Examples of the use of land plots for the purposes of offshore subsoil use are considered, according to the results of the study of which it is concluded that there is no uniform approach and the need to develop common criteria that do not allow limiting either the rights of the subsoil user or other subjects of land rights.
{"title":"On Registration of Rights to Land Plots, Forest Plots and Aquatic Objects Required for Subsurface Resource Management on the Continental Shelf","authors":"Mikhail K. Tarzyan","doi":"10.18572/1811-1475-2023-4-29-34","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-4-29-34","url":null,"abstract":"The article is devoted to legal conflicts arising in connection with the absence in the current legislation of a legal mechanism for providing a person engaged in the use of the subsoil of the continental shelf, necessary for such use of a land plot, as well as a forest plot or a water body. Examples of the use of land plots for the purposes of offshore subsoil use are considered, according to the results of the study of which it is concluded that there is no uniform approach and the need to develop common criteria that do not allow limiting either the rights of the subsoil user or other subjects of land rights.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114669500","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 : 2023-02-09DOI: 10.18572/1811-1475-2023-2-38-42
A. Chebotareva, Yulia P. Keropyan
This article analyzes the main approaches to the definition of the concept of artificial intelligence in the scientific literature, normative legal acts and judicial practice, this is due to the fact that in the available scientific papers a comprehensive approach to understanding the legal nature of artificial intelligence, its law enforcement and, accordingly, the legal regulation is not sufficiently developed. The authors used methods: analysis and synthesis, comparative legal method of research. Results. The study noted that the definitions considered to a greater extent have technical characteristics, in this connection, raises the question associated with the development of the definition of «artificial intelligence», in terms of law. This is necessary, first of all, in order to further form a clear understanding of the legal regulation of the use of artificial intelligence in the legal field. The authors also draw attention to the fact that currently law enforcement has not developed a unified approach to the use of the concept of «artificial intelligence», in addition, judicial practice in this direction is at its initial stage of development.
{"title":"Approaches to Defining the Artificial Intelligence Concept: Problem Setting","authors":"A. Chebotareva, Yulia P. Keropyan","doi":"10.18572/1811-1475-2023-2-38-42","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-2-38-42","url":null,"abstract":"This article analyzes the main approaches to the definition of the concept of artificial intelligence in the scientific literature, normative legal acts and judicial practice, this is due to the fact that in the available scientific papers a comprehensive approach to understanding the legal nature of artificial intelligence, its law enforcement and, accordingly, the legal regulation is not sufficiently developed. The authors used methods: analysis and synthesis, comparative legal method of research. Results. The study noted that the definitions considered to a greater extent have technical characteristics, in this connection, raises the question associated with the development of the definition of «artificial intelligence», in terms of law. This is necessary, first of all, in order to further form a clear understanding of the legal regulation of the use of artificial intelligence in the legal field. The authors also draw attention to the fact that currently law enforcement has not developed a unified approach to the use of the concept of «artificial intelligence», in addition, judicial practice in this direction is at its initial stage of development.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131533731","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 : 2023-02-09DOI: 10.18572/1811-1475-2023-2-19-24
Artem Yu. Mokhov
The article outlines the essence and purpose of norms-definitions (legal definitions) as special legal and technical means that underlie industry regulation. The distinctive features of legal definitions are indicated (the function of clarifying the basic concepts in the industry, the focus on the uniform application of norms and rules of conduct); a mandatory property of definitions is the connection with constitutional norms (clarification of constitutional terms and provisions for the purpose of sectoral regulation), which is due to the supreme legal force of the Basic Law. The main rules for the inclusion of new norms-definitions in the text of a normative legal act are identified, which allow avoiding tautology and «superfluous» definitions that have no practical application and system-forming significance. From the point of view of a systematic analysis of the meaning of norms-definitions for public law regulation, the inclusion of the concept of «a unified system of public authority» in the Federal Law «On the State Council of the Russian Federation» is criticized.
{"title":"Нормы-дефиниции в механизме публично-правового регулирования","authors":"Artem Yu. Mokhov","doi":"10.18572/1811-1475-2023-2-19-24","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-2-19-24","url":null,"abstract":"The article outlines the essence and purpose of norms-definitions (legal definitions) as special legal and technical means that underlie industry regulation. The distinctive features of legal definitions are indicated (the function of clarifying the basic concepts in the industry, the focus on the uniform application of norms and rules of conduct); a mandatory property of definitions is the connection with constitutional norms (clarification of constitutional terms and provisions for the purpose of sectoral regulation), which is due to the supreme legal force of the Basic Law. The main rules for the inclusion of new norms-definitions in the text of a normative legal act are identified, which allow avoiding tautology and «superfluous» definitions that have no practical application and system-forming significance. From the point of view of a systematic analysis of the meaning of norms-definitions for public law regulation, the inclusion of the concept of «a unified system of public authority» in the Federal Law «On the State Council of the Russian Federation» is criticized.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114895341","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 : 2023-02-09DOI: 10.18572/1811-1475-2023-2-25-29
Tatyana V. Melnikova
The article is devoted to the problems of legal regulation of the registrar and issuer’s liability to shareholders. According to paragraph 2 of Article 149 of the Civil Code, Article 8 of the Law on the Securities Market, the registration of rights on shares that are undocumented securities is carried out by the registrar, and, accordingly, an extract from the register is a confirmation of such rights. In this regard, the issues of responsibility for improper maintenance of the register are of particular importance. The conflict between clause 3.10 of Article 8 of the Law on the Securities Market and clause 4 of Article 149 of the Civil Code of the Russian Federation is shown. Judicial practice on the application of legal norms enshrined in these articles is considered. The problem of determining the content of the illegality of the behavior of the issuer and the holder of the register of shareholders is touched upon. The necessity of fixing the individual responsibility of the issuer to the shareholders for maintaining the register is substantiated.
{"title":"Some Problems of Legal Regulation of Responsibility of a Shareholder Register Holder and an Issuer to Shareholders","authors":"Tatyana V. Melnikova","doi":"10.18572/1811-1475-2023-2-25-29","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-2-25-29","url":null,"abstract":"The article is devoted to the problems of legal regulation of the registrar and issuer’s liability to shareholders. According to paragraph 2 of Article 149 of the Civil Code, Article 8 of the Law on the Securities Market, the registration of rights on shares that are undocumented securities is carried out by the registrar, and, accordingly, an extract from the register is a confirmation of such rights. In this regard, the issues of responsibility for improper maintenance of the register are of particular importance. The conflict between clause 3.10 of Article 8 of the Law on the Securities Market and clause 4 of Article 149 of the Civil Code of the Russian Federation is shown. Judicial practice on the application of legal norms enshrined in these articles is considered. The problem of determining the content of the illegality of the behavior of the issuer and the holder of the register of shareholders is touched upon. The necessity of fixing the individual responsibility of the issuer to the shareholders for maintaining the register is substantiated.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115646567","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 : 2023-02-09DOI: 10.18572/1811-1475-2023-2-43-50
P. Kucherenko, Ramiz Aliev
The article deals with certain issues related to the participation of public authorities and local governments in the Republic of South Africa. An analysis is made of the main sensations in the organs, as well as the procedure for delegating certain diseases at the municipal level.
{"title":"The Interrelation and Cooperation between Public Administration Spheres in the Republic of South Africa","authors":"P. Kucherenko, Ramiz Aliev","doi":"10.18572/1811-1475-2023-2-43-50","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-2-43-50","url":null,"abstract":"The article deals with certain issues related to the participation of public authorities and local governments in the Republic of South Africa. An analysis is made of the main sensations in the organs, as well as the procedure for delegating certain diseases at the municipal level.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133742908","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 : 2023-02-09DOI: 10.18572/1811-1475-2023-2-51-58
Valentin I. Mikhaylov
The review is devoted to A.V. Fedorov’s monograph on the criminal liability of legal entities in the post-socialist states of the Asia-Pacific region, China, Vietnam, and Mongolia. The review examines the author’s position on the content of criminal liability of legal entities in these states. The reviewer’s opinion is presented on certain aspects of the problem.
{"title":"A Review of the Monograph by A. V. Fedorov: Criminal Liability of Legal Entities in Post-Socialist States of the Asia-Paciic Region","authors":"Valentin I. Mikhaylov","doi":"10.18572/1811-1475-2023-2-51-58","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-2-51-58","url":null,"abstract":"The review is devoted to A.V. Fedorov’s monograph on the criminal liability of legal entities in the post-socialist states of the Asia-Pacific region, China, Vietnam, and Mongolia. The review examines the author’s position on the content of criminal liability of legal entities in these states. The reviewer’s opinion is presented on certain aspects of the problem.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115590421","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 : 2023-02-09DOI: 10.18572/1811-1475-2023-2-30-37
Sergey V. Myshyakov
The conclusion of the contract takes place by confirming the offer to enter into contractual relations (offer), containing at least the essential terms of the future contract, by means of full and unconditional accession to such an offer (acceptance). Such accession can be carried out by affixing the signature of the offeror and the acceptor on the same document, exchanging letters, and volitional actions, i.e. the behavior of a person expressing the will of a person to conclude a contract on the terms specified in the offer. Such actions are called conclusive. The article examines the legal nature of the conclusive actions as legal facts corresponding to the will of a person and expressing this will externally, clearly, fully and unconditionally proving the intention of such a person to bind himself to the terms of a future contract. The analysis of current judicial practice is carried out.
{"title":"Implicative Actions in Agreement Conclusion, Amendment, Termination: The Legal Nature","authors":"Sergey V. Myshyakov","doi":"10.18572/1811-1475-2023-2-30-37","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-2-30-37","url":null,"abstract":"The conclusion of the contract takes place by confirming the offer to enter into contractual relations (offer), containing at least the essential terms of the future contract, by means of full and unconditional accession to such an offer (acceptance). Such accession can be carried out by affixing the signature of the offeror and the acceptor on the same document, exchanging letters, and volitional actions, i.e. the behavior of a person expressing the will of a person to conclude a contract on the terms specified in the offer. Such actions are called conclusive. The article examines the legal nature of the conclusive actions as legal facts corresponding to the will of a person and expressing this will externally, clearly, fully and unconditionally proving the intention of such a person to bind himself to the terms of a future contract. The analysis of current judicial practice is carried out.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130505274","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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