Pub Date : 2021-12-09DOI: 10.17323/2713-2749.2021.3.33.57
A. Deineko
The article reviews the new Russian legislation introducing the experimental legal regime for the use of highly automated transportation vehicles (HATVs) (driverless vehicles) on public roads. The article analyzes strategic planning documents related to the subject, such as the governmental Traffic Safety Concept for Public Roads with Driverless Transportation Vehicles (DTVs) and the European Union’s documents regulating the use of robots and artificial intelligence (AI). Drafts of the relevant laws presently at the stage of public debate or discussion at the Duma are reviewed. The Russian experience of legal regulation is compared to the international experience, with conclusions made about possible directions for the development of the legislation. The article broaches the issues of apportioning tort and administrative liability for damage caused by the use of HATVs or as a result of a breach of the road rules by such vehicles. The obvious hurdles in the way of imposing liability on a robot or an AI algorithm underscore the need to hold on to the classic tort liability model adjudicating claims of damage caused by hazardous objects and modify this model to make is usable for situations when damage is caused by a DTV. In a separate section, this article addresses issues related to the use of delivery robots — the objects do not fit the definition of transportation vehicles provided in the road rules and in the drafts of legal acts currently being prepared. The conclusion is made that judicial opinions should provide clarifications for accidents involving such vehicles because, moving along sidewalks and crossing traffic areas, they are actually road users. As for risks for personal rights and freedoms associated with the use of DTVs, this writer focuses on risks related to
{"title":"Prospects of Legal Regulating Use of Driverless Transportation Vehicles in the Russian Federation","authors":"A. Deineko","doi":"10.17323/2713-2749.2021.3.33.57","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.33.57","url":null,"abstract":"The article reviews the new Russian legislation introducing the experimental legal regime for the use of highly automated transportation vehicles (HATVs) (driverless vehicles) on public roads. The article analyzes strategic planning documents related to the subject, such as the governmental Traffic Safety Concept for Public Roads with Driverless Transportation Vehicles (DTVs) and the European Union’s documents regulating the use of robots and artificial intelligence (AI). Drafts of the relevant laws presently at the stage of public debate or discussion at the Duma are reviewed. The Russian experience of legal regulation is compared to the international experience, with conclusions made about possible directions for the development of the legislation. The article broaches the issues of apportioning tort and administrative liability for damage caused by the use of HATVs or as a result of a breach of the road rules by such vehicles. The obvious hurdles in the way of imposing liability on a robot or an AI algorithm underscore the need to hold on to the classic tort liability model adjudicating claims of damage caused by hazardous objects and modify this model to make is usable for situations when damage is caused by a DTV. In a separate section, this article addresses issues related to the use of delivery robots — the objects do not fit the definition of transportation vehicles provided in the road rules and in the drafts of legal acts currently being prepared. The conclusion is made that judicial opinions should provide clarifications for accidents involving such vehicles because, moving along sidewalks and crossing traffic areas, they are actually road users. As for risks for personal rights and freedoms associated with the use of DTVs, this writer focuses on risks related to","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131766017","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 : 2021-12-09DOI: 10.17323/2713-2749.2021.3.58.76
Erik Valdez-Martinez
{"title":"The Usage of Musical Works in the Internet within the Russian Law: a Comparative Analysis within the Law of US and EU","authors":"Erik Valdez-Martinez","doi":"10.17323/2713-2749.2021.3.58.76","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.58.76","url":null,"abstract":"","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128855035","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 : 2021-12-09DOI: 10.17323/2713-2749.2021.3.126.150
V. Malichenko
{"title":"International Law Regulation on Access to Health Technologies","authors":"V. Malichenko","doi":"10.17323/2713-2749.2021.3.126.150","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.126.150","url":null,"abstract":"","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126498784","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 : 2021-12-09DOI: 10.17323/2713-2749.2021.3.151.167
A. Kornienko, N. Samokhvalov
{"title":"COVID-19: Legal Regulation of Universal Vaccination","authors":"A. Kornienko, N. Samokhvalov","doi":"10.17323/2713-2749.2021.3.151.167","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.151.167","url":null,"abstract":"","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126388704","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 : 2021-12-09DOI: 10.17323/2713-2749.2021.3.98.125
Chhavi Sharma, Reeta Sony, Meera Mathew
{"title":"Integrated Healthcare Delivery and Telemedicine: Existing Legal Impediments in India","authors":"Chhavi Sharma, Reeta Sony, Meera Mathew","doi":"10.17323/2713-2749.2021.3.98.125","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.98.125","url":null,"abstract":"","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116945858","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 : 2021-12-09DOI: 10.17323/2713-2749.2021.3.3.32
V. Lapaeva
{"title":"The Law of a Technogenic Civilization to Face Technological Dehumanization Challenges","authors":"V. Lapaeva","doi":"10.17323/2713-2749.2021.3.3.32","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.3.32","url":null,"abstract":"","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126211821","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 : 2021-12-09DOI: 10.17323/2713-2749.2021.3.168.178
N. Kapyrina, M. Kolzdorf
{"title":"Review of Key Positions of the Presidium of Intellectual Property Court of the Russian Federation","authors":"N. Kapyrina, M. Kolzdorf","doi":"10.17323/2713-2749.2021.3.168.178","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.168.178","url":null,"abstract":"","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116845746","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 : 2021-12-09DOI: 10.17323/2713-2749.2021.3.77.97
N. Buzova
In the creative industry, performers’ interests cannot be met solely through their own actions and the realization of their own creative abilities. Coordinated interaction of representatives of creative professions and show business is necessary. In this area, various kinds of agreements are concluded, which do not always relate to the exercise of intellectual rights. The Civil Code of the Russian Federation regulates in more detail the contractual relations associated with the use of works of authorship, without paying due attention to contracts with performers, producers of phonograms and broadcasting organizations, which leads to the problem of double interpretation in the process of law enforcement. Performers, producers of phonograms and broadcasting organizations conclude not only agreements on the disposal of exclusive rights, but also agreements on the distribution of remuneration for use, on the management of rights, and others.The article examines some types of civil contracts concerning the objects of related rights. Some contractual relations concerning related rights, both those named in Chapter 71 of the Civil Code of the Russian Federation, and not named in it, but occurring in practice, are analyzed. A comparison is made of similar contractual relations concerning objects of copyright and objects of related rights. It is important to distinguish service contracts involving performers, phonogram producers, and broadcasting organizations from contracts for the exercise of intellectual rights. If in the contracts of the first group special attention deserves the beneficial effect achieved from the actions of the service provider, then
{"title":"Contractual Relations with Participation of Performers, Producers of Phonograms and Broadcasting Organizations","authors":"N. Buzova","doi":"10.17323/2713-2749.2021.3.77.97","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.3.77.97","url":null,"abstract":"In the creative industry, performers’ interests cannot be met solely through their own actions and the realization of their own creative abilities. Coordinated interaction of representatives of creative professions and show business is necessary. In this area, various kinds of agreements are concluded, which do not always relate to the exercise of intellectual rights. The Civil Code of the Russian Federation regulates in more detail the contractual relations associated with the use of works of authorship, without paying due attention to contracts with performers, producers of phonograms and broadcasting organizations, which leads to the problem of double interpretation in the process of law enforcement. Performers, producers of phonograms and broadcasting organizations conclude not only agreements on the disposal of exclusive rights, but also agreements on the distribution of remuneration for use, on the management of rights, and others.The article examines some types of civil contracts concerning the objects of related rights. Some contractual relations concerning related rights, both those named in Chapter 71 of the Civil Code of the Russian Federation, and not named in it, but occurring in practice, are analyzed. A comparison is made of similar contractual relations concerning objects of copyright and objects of related rights. It is important to distinguish service contracts involving performers, phonogram producers, and broadcasting organizations from contracts for the exercise of intellectual rights. If in the contracts of the first group special attention deserves the beneficial effect achieved from the actions of the service provider, then","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121383446","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 : 2021-07-27DOI: 10.17323/2713-2749.2021.2.121.125
N. Kapyrina
A report on the ICOM — UNIGE online conference “The Law & Digital Cultural Heritage Day”, 11 December 2020.
国际博协- UNIGE在线会议“法律与数字文化遗产日”报告，2020年12月11日。
{"title":"When Museums Go Online","authors":"N. Kapyrina","doi":"10.17323/2713-2749.2021.2.121.125","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.2.121.125","url":null,"abstract":"A report on the ICOM — UNIGE online conference “The Law & Digital Cultural Heritage Day”, 11 December 2020.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121951368","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 : 2021-07-27DOI: 10.17323/2713-2749.2021.2.104.120
O. Stepanov, D. Pechegin, M. Diakonova
The article considers the problem of digitalization of judicial activities in the Russian Federation and abroad. Given the fact that in the modern world elements of digital (electronic) justice are gaining widespread adoption, the article presents an analysis of its fundamental principles and distinguishes between electronic methods of ensuring procedural activity and digitalization of justice as an independent direction of transformation of public relations at the present stage. As a demonstration of the implementation of the first direction, the article presents the experience of foreign countries, Russian legislative approaches and currently being developed legislative initiatives in terms of improving the interaction of participants in the procedure through the use of information technologies. The authors come to the conclusion that the implemented approaches and proposed amendments are intended only to modernize the form of administration of justice with new opportunities to carry out the same actions (identification of persons participating in the case, notification, participation in the court session, etc.) without changing the essential characteristics of the proceedings. The second direction, related to electronic (digital) justice, is highlighted from the point of view of the prospects and risks of using artificial intelligence technologies to make legally significant decisions on the merits. At the same time, the authors argue that the digitalization of justice requires the development and implementation of the category of justice in machine-readable law, as well as special security measures of both technological and legal nature.
{"title":"On the Prospects of Digitalization of Justice","authors":"O. Stepanov, D. Pechegin, M. Diakonova","doi":"10.17323/2713-2749.2021.2.104.120","DOIUrl":"https://doi.org/10.17323/2713-2749.2021.2.104.120","url":null,"abstract":"The article considers the problem of digitalization of judicial activities in the Russian Federation and abroad. Given the fact that in the modern world elements of digital (electronic) justice are gaining widespread adoption, the article presents an analysis of its fundamental principles and distinguishes between electronic methods of ensuring procedural activity and digitalization of justice as an independent direction of transformation of public relations at the present stage. As a demonstration of the implementation of the first direction, the article presents the experience of foreign countries, Russian legislative approaches and currently being developed legislative initiatives in terms of improving the interaction of participants in the procedure through the use of information technologies. The authors come to the conclusion that the implemented approaches and proposed amendments are intended only to modernize the form of administration of justice with new opportunities to carry out the same actions (identification of persons participating in the case, notification, participation in the court session, etc.) without changing the essential characteristics of the proceedings. The second direction, related to electronic (digital) justice, is highlighted from the point of view of the prospects and risks of using artificial intelligence technologies to make legally significant decisions on the merits. At the same time, the authors argue that the digitalization of justice requires the development and implementation of the category of justice in machine-readable law, as well as special security measures of both technological and legal nature.","PeriodicalId":410740,"journal":{"name":"Legal Issues in the Digital Age","volume":"227 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114062909","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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