Pub Date : 2022-01-01DOI: 10.17072/1995-4190-2022-57-399-426
A. Knutov, A. Chaplinsky, D. R. Alimpeev
Introduction: the article describes the experience of assessing the readability of regulatory legal acts by analyzing the complexity of syntactic constructions used in the texts. According to the subjective perception, normative texts become more complicated from year to year, which makes it difficult to interpret them and understand the legal meaning. Purpose: to test this hypothesis based on metrics and, if confirmed, to formulate recommendations for simplification of legal texts. For this, the authors studied the methods used in Russia and across the world to assess the complexity of official texts and to simplify them. Methods: having not found suitable tools for assessing the readability of syntactically overburdened texts of regulatory legal acts, the authors applied their own assessment methodology based on machine analysis of syntax indicators. The investigation was conducted in relation to specially prepared corpora of texts: 12 corpora of all federal laws effective on different dates and a corpus of 3,390 by-laws. The study also compared the syntactic complexity of regulatory legal acts and texts of other categories (fiction, articles in the media, etc.). Results: the study proves that the degree of syntactic complexity of legal texts is significantly higher than that of texts of other styles; moreover, it increases with time. For example, federal regulations being in effect at the end of 2021 are by 33% more complex than those in force in 1991. Conclusions: the modern language of regulatory legal acts is excessively complicated. As a rule, the same content can be presented in a simpler manner. The review of the literature showed that the growing complexity of legal texts is a vital issue to address not only in Russia. To overcome the existing negative practice, administrative measures are required, such as the preparation of recommendations for the texts of draft regulatory legal acts and the expansion of the subject of linguistic assessment that such texts undergo.
{"title":"THE LANGUAGE OF REGULATORY LEGAL ACTS: IS IT TIME TO SOUND THE ALARM?","authors":"A. Knutov, A. Chaplinsky, D. R. Alimpeev","doi":"10.17072/1995-4190-2022-57-399-426","DOIUrl":"https://doi.org/10.17072/1995-4190-2022-57-399-426","url":null,"abstract":"Introduction: the article describes the experience of assessing the readability of regulatory legal acts by analyzing the complexity of syntactic constructions used in the texts. According to the subjective perception, normative texts become more complicated from year to year, which makes it difficult to interpret them and understand the legal meaning. Purpose: to test this hypothesis based on metrics and, if confirmed, to formulate recommendations for simplification of legal texts. For this, the authors studied the methods used in Russia and across the world to assess the complexity of official texts and to simplify them. Methods: having not found suitable tools for assessing the readability of syntactically overburdened texts of regulatory legal acts, the authors applied their own assessment methodology based on machine analysis of syntax indicators. The investigation was conducted in relation to specially prepared corpora of texts: 12 corpora of all federal laws effective on different dates and a corpus of 3,390 by-laws. The study also compared the syntactic complexity of regulatory legal acts and texts of other categories (fiction, articles in the media, etc.). Results: the study proves that the degree of syntactic complexity of legal texts is significantly higher than that of texts of other styles; moreover, it increases with time. For example, federal regulations being in effect at the end of 2021 are by 33% more complex than those in force in 1991. Conclusions: the modern language of regulatory legal acts is excessively complicated. As a rule, the same content can be presented in a simpler manner. The review of the literature showed that the growing complexity of legal texts is a vital issue to address not only in Russia. To overcome the existing negative practice, administrative measures are required, such as the preparation of recommendations for the texts of draft regulatory legal acts and the expansion of the subject of linguistic assessment that such texts undergo.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"18 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85740863","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 : 2022-01-01DOI: 10.17072/1995-4190-2022-56-158-186
I. Kozhokar
За ко но да те ль на я и нф л я ц и я : тео р ети ко - п р а во во е и с сл едо ва ни е 159 LEGISLATIVE INFLATION: A THEORETICAL LEGAL STUDY I. P. Kozhokar Institute of State and Law of the Russian Academy of Sciences E-mail: 89272234877@mail.ru Rece iv e d 1 3 A pr 2 0 2 1 Introduction: the issue of ensuring the effectiveness of legal regulations has always been a focus of academic attention. One of the criteria of effectiveness is the stability of legal norms. The phenomenon reflecting the opposite state of legislative array – instability of legal norms – has received the special name of ‘legislative inflation.’ The article aims to study the bases of the theoretical model of legislative inflation on the example of Russian legislation. This is done through clarification of the doctrinal understanding of legislative inflation, its quantitative and qualitative characteristics, determinants that contribute to an increase in its rate, negative con- sequences, deterrent tools. Methods: the ontological basis of the study is the theory of law with its means of formal normativism making it possible to identify the defective phenomena indica- tive of legislative inflation. The methods used include general scientific methods (analysis and synthesis, induction and deduction, comparison and classification, abstraction and the axiomat- ic method); special scientific method (mathematical and statistical); special legal methods (le- gal-dogmatic, historical-legal, the method of legal norms interpretation). Results: the study ex- amines quantitative and qualitative indicators characterizing legislative inflation at the current stage of the Russian legislation’s development of (data for 2019-2021); investigates doctrinal ap- proaches to defining ‘legislative inflation’ in Russian and foreign scientific space; provides con- siderations regarding the determinants of legislative inflation; shows the negative effect of legisla- tive inflation; identifies the tools of curbing legislative inflation, including those permanently as- sociated with the legislative process. Conclusions: to counter legislative inflation, it is necessary to optimize lawmaking process, including in terms of providing it with a unified concept
Законодательнаяинфляция:теоретико——правовоеисследование159年立法通货膨胀:理论的法律研究i . p . Kozhokar研究所国家和法律的俄罗斯科学院电子邮件:89272234877 @mail.ru衰退iv e d 1 3公关2 0 2 1简介:确保法律法规的有效性问题一直是学者关注的焦点。法律规范的稳定性是衡量法律效力的标准之一。反映立法阵列相反状态的现象——法律规范的不稳定——被称为“立法膨胀”。本文旨在以俄罗斯立法为例，研究立法膨胀理论模型的基础。这是通过澄清对立法通货膨胀的理论理解、其数量和质量特征、导致其速度增加的决定因素、负面后果、威慑工具来实现的。方法:以法律理论为研究的本体论基础，以形式规范主义为手段，识别立法膨胀的缺陷现象。所使用的方法包括一般的科学方法(分析与综合、归纳与演绎、比较与分类、抽象与公理法);特殊的科学方法(数学和统计);特殊的法律方法(法律教条法、历史法律法、法律规范解释法)。结果:该研究探讨了俄罗斯立法发展现阶段立法膨胀的定量和定性指标(2019-2021年数据);研究在俄罗斯和国外科学领域定义“立法膨胀”的理论方法;提供关于立法膨胀的决定因素的考虑;显示了立法通货膨胀的负面效应;确定抑制立法膨胀的工具，包括那些与立法程序永久相关的工具。结论:应对立法膨胀，需要优化立法程序，包括提供统一的立法概念
{"title":"LEGISLATIVE INFLATION: A THEORETICAL LEGAL STUDY","authors":"I. Kozhokar","doi":"10.17072/1995-4190-2022-56-158-186","DOIUrl":"https://doi.org/10.17072/1995-4190-2022-56-158-186","url":null,"abstract":"За ко но да те ль на я и нф л я ц и я : тео р ети ко - п р а во во е и с сл едо ва ни е 159 LEGISLATIVE INFLATION: A THEORETICAL LEGAL STUDY I. P. Kozhokar Institute of State and Law of the Russian Academy of Sciences E-mail: 89272234877@mail.ru Rece iv e d 1 3 A pr 2 0 2 1 Introduction: the issue of ensuring the effectiveness of legal regulations has always been a focus of academic attention. One of the criteria of effectiveness is the stability of legal norms. The phenomenon reflecting the opposite state of legislative array – instability of legal norms – has received the special name of ‘legislative inflation.’ The article aims to study the bases of the theoretical model of legislative inflation on the example of Russian legislation. This is done through clarification of the doctrinal understanding of legislative inflation, its quantitative and qualitative characteristics, determinants that contribute to an increase in its rate, negative con- sequences, deterrent tools. Methods: the ontological basis of the study is the theory of law with its means of formal normativism making it possible to identify the defective phenomena indica- tive of legislative inflation. The methods used include general scientific methods (analysis and synthesis, induction and deduction, comparison and classification, abstraction and the axiomat- ic method); special scientific method (mathematical and statistical); special legal methods (le- gal-dogmatic, historical-legal, the method of legal norms interpretation). Results: the study ex- amines quantitative and qualitative indicators characterizing legislative inflation at the current stage of the Russian legislation’s development of (data for 2019-2021); investigates doctrinal ap- proaches to defining ‘legislative inflation’ in Russian and foreign scientific space; provides con- siderations regarding the determinants of legislative inflation; shows the negative effect of legisla- tive inflation; identifies the tools of curbing legislative inflation, including those permanently as- sociated with the legislative process. Conclusions: to counter legislative inflation, it is necessary to optimize lawmaking process, including in terms of providing it with a unified concept","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82999091","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 : 2022-01-01DOI: 10.17072/1995-4190-2022-58-683-708
Y. Kharitonova, V. Savina, F. Pagnini
Introduction: when studying legal issues related to safety and adequacy in the application of artificial intelligence systems (AIS), it is impossible not to raise the subject of liability accompanying the use of AIS. In this paper we focus on the study of the civil law aspects of liability for harm caused by artificial intelligence and robotic systems. Technological progress necessitates revision of many legislative mechanisms in such a way as to maintain and encourage further development of innovative industries while ensuring safety in the application of artificial intelligence. It is essential not only to respond to the challenges of the moment but also to look forward and develop new rules based on short-term forecasts. There is no longer any reason to claim categorically that the rules governing the institute of legal responsibility will definitely not require fundamental changes, contrary to earlier belief. This is due to the growing autonomy of AIS and the expansion of the range of their possible applications. Artificial intelligence is routinely employed in creative industries, decision-making in different fields of human activity, unmanned transportation, etc. However, there remain unresolved major issues concerning the parties liable in the case of infliction of harm by AIS, the viability of applying no-fault liability mechanisms, the appropriate levels of regulation of such relations; and discussions over these issues are far from being over. Purpose: basing on an analysis of theoretical concepts and legislation in both Russia and other countries, to develop a vision of civil law regulation and tort liability in cases when artificial intelligence is used. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods: legal-dogmatic and the method of interpretation of legal norms. Results: there is considerable debate over the responsibilities of AIS owners and users. In many countries, codes of ethics for artificial intelligence are accepted. However, what is required is legal regulation, for instance, considering an AIS as a source of increased danger; in the absence of relevant legal standards, it is reasonable to use a tort liability mechanism based on analogy of the law. Standardization in this area (standardization of databases, software, infrastructure, etc.) is also important – for identifying the AIS developers and operators to be held accountable; violation of standardization requirements may also be a ground for holding them liable under civil law. There appear new dimensions added to the classic legal notions such as the subject of harm, object of harm, and the party that has inflicted the harm, used with regard to both contractual and non-contractual liability. Conclusions: the research has shown that legislation of different countries currently provides soft regulation with regard to liability for harm caused by AIS. However, it is tim
{"title":"CIVIL LIABILITY IN THE DEVELOPMENT AND APPLICATION OF ARTIFICIAL INTELLIGENCE AND ROBOTIC SYSTEMS: BASIC APPROACHES","authors":"Y. Kharitonova, V. Savina, F. Pagnini","doi":"10.17072/1995-4190-2022-58-683-708","DOIUrl":"https://doi.org/10.17072/1995-4190-2022-58-683-708","url":null,"abstract":"Introduction: when studying legal issues related to safety and adequacy in the application of artificial intelligence systems (AIS), it is impossible not to raise the subject of liability accompanying the use of AIS. In this paper we focus on the study of the civil law aspects of liability for harm caused by artificial intelligence and robotic systems. Technological progress necessitates revision of many legislative mechanisms in such a way as to maintain and encourage further development of innovative industries while ensuring safety in the application of artificial intelligence. It is essential not only to respond to the challenges of the moment but also to look forward and develop new rules based on short-term forecasts. There is no longer any reason to claim categorically that the rules governing the institute of legal responsibility will definitely not require fundamental changes, contrary to earlier belief. This is due to the growing autonomy of AIS and the expansion of the range of their possible applications. Artificial intelligence is routinely employed in creative industries, decision-making in different fields of human activity, unmanned transportation, etc. However, there remain unresolved major issues concerning the parties liable in the case of infliction of harm by AIS, the viability of applying no-fault liability mechanisms, the appropriate levels of regulation of such relations; and discussions over these issues are far from being over. Purpose: basing on an analysis of theoretical concepts and legislation in both Russia and other countries, to develop a vision of civil law regulation and tort liability in cases when artificial intelligence is used. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods: legal-dogmatic and the method of interpretation of legal norms. Results: there is considerable debate over the responsibilities of AIS owners and users. In many countries, codes of ethics for artificial intelligence are accepted. However, what is required is legal regulation, for instance, considering an AIS as a source of increased danger; in the absence of relevant legal standards, it is reasonable to use a tort liability mechanism based on analogy of the law. Standardization in this area (standardization of databases, software, infrastructure, etc.) is also important – for identifying the AIS developers and operators to be held accountable; violation of standardization requirements may also be a ground for holding them liable under civil law. There appear new dimensions added to the classic legal notions such as the subject of harm, object of harm, and the party that has inflicted the harm, used with regard to both contractual and non-contractual liability. Conclusions: the research has shown that legislation of different countries currently provides soft regulation with regard to liability for harm caused by AIS. However, it is tim","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"58 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85056773","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 : 2022-01-01DOI: 10.17072/1995-4190-2022-56-281-309
O. Zaytsev, P. Pastukhov
Introduction: the article examines how the ongoing digital transformation of society is manifested in the field of criminal procedure relations, digitalization of forensic activities. The authors substantiate the prospective possibilities of detecting and investigating crimes using the digital profile of an individual. The digital profile consists of the registration data of subjects and objects in the digital system of legal relations, biometric personal data, digital identifiers of the individual and the terminal equipment, information systems, computer networks. The paper analyzes the evolution of the concepts ‘profile,’ ‘profiling,’ ‘digital profile’ and their use in the context of crime detection and investigation. The authors offer a classification of identifiers that constitute the methodological, informational, technological basis of the digital profile. The study shows the significance of electronic interaction of investigation bodies with the subjects of information technology systems in obtaining evidentiary information concerning pre-criminal, criminal, and post-criminal information about the person who has committed a crime based on the digital profile data. Purpose: in the context of information society and widespread dissemi- nation of digital information about life and legally significant actions of a person, investigating authorities should use the scientific organization of labor in collecting evidentiary information in criminal cases. The paper aims to substantiate the special role of the digital profile as ensur- ing a change in the paradigm of proof, as accelerating the formation of a modern information- technological strategy of investigation and introduction of electronic evidence and electronic document management in criminal proceedings. Methods: general scientific methods (dialectic, analysis and synthesis, abstraction and concretization) and special scientific methods (compar- ative-legal, technical-legal). Results: the authors have analyzed the existing information legis- lation, the positions of scientists on the potential of digital technologies, information systems, computer networks, digital platforms, artificial intelligence, and neural networks. The analysis indicates the need to optimize the practice of proving in criminal cases using digital profiles and modern information infrastructure, i.e. the need to switch to a new information- technological strategy of crime investigation. The paper offers a new approach to the electronic interaction of the preliminary investigation bodies with the subjects of information technology systems aimed at creating a ‘search’ portrait of a suspect by obtaining digital data about the person and the circumstances of the crime. Conclusions: it is necessary to develop a new inves- tigation strategy as preliminary investigation requires modernization based on the information and technological development of society. The archaic forms and methods of gathering evidence do not correspo
{"title":"DIGITAL PERSONAL PROFILE AS AN ELEMENT OF THE INFORMATION AND TECHNOLOGICAL STRATEGY OF CRIME INVESTIGATION","authors":"O. Zaytsev, P. Pastukhov","doi":"10.17072/1995-4190-2022-56-281-309","DOIUrl":"https://doi.org/10.17072/1995-4190-2022-56-281-309","url":null,"abstract":"Introduction: the article examines how the ongoing digital transformation of society is manifested in the field of criminal procedure relations, digitalization of forensic activities. The authors substantiate the prospective possibilities of detecting and investigating crimes using the digital profile of an individual. The digital profile consists of the registration data of subjects and objects in the digital system of legal relations, biometric personal data, digital identifiers of the individual and the terminal equipment, information systems, computer networks. The paper analyzes the evolution of the concepts ‘profile,’ ‘profiling,’ ‘digital profile’ and their use in the context of crime detection and investigation. The authors offer a classification of identifiers that constitute the methodological, informational, technological basis of the digital profile. The study shows the significance of electronic interaction of investigation bodies with the subjects of information technology systems in obtaining evidentiary information concerning pre-criminal, criminal, and post-criminal information about the person who has committed a crime based on the digital profile data. Purpose: in the context of information society and widespread dissemi- nation of digital information about life and legally significant actions of a person, investigating authorities should use the scientific organization of labor in collecting evidentiary information in criminal cases. The paper aims to substantiate the special role of the digital profile as ensur- ing a change in the paradigm of proof, as accelerating the formation of a modern information- technological strategy of investigation and introduction of electronic evidence and electronic document management in criminal proceedings. Methods: general scientific methods (dialectic, analysis and synthesis, abstraction and concretization) and special scientific methods (compar- ative-legal, technical-legal). Results: the authors have analyzed the existing information legis- lation, the positions of scientists on the potential of digital technologies, information systems, computer networks, digital platforms, artificial intelligence, and neural networks. The analysis indicates the need to optimize the practice of proving in criminal cases using digital profiles and modern information infrastructure, i.e. the need to switch to a new information- technological strategy of crime investigation. The paper offers a new approach to the electronic interaction of the preliminary investigation bodies with the subjects of information technology systems aimed at creating a ‘search’ portrait of a suspect by obtaining digital data about the person and the circumstances of the crime. Conclusions: it is necessary to develop a new inves- tigation strategy as preliminary investigation requires modernization based on the information and technological development of society. The archaic forms and methods of gathering evidence do not correspo","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"2003 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87052307","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 : 2022-01-01DOI: 10.17072/1995-4190-2022-57-348-371
V. Golubtsov, O. Kuznetsova
Introduction: the article studies the typology of legal temporality. The changes, evolution, improvement of legal regulation of social relations objectively entail the problem of temporality of legal norms. Consequently, there arise issues of maximum protection for the participants in legal relations, of fair restoration of violated rights in a situation of legislative changes. Purpose: to describe the use of different types of law operation in time (prospective, retroactive, and ultra-active operation). Methods: the study was conducted on the basis of the general philosophical dialectical approach; a system of general scientific and special legal methods was used. The formal dogmatic method and the method of legal interpretation made it possible to clarify the content of the legislative rules on the operation of the law in time. The types of legal norms’ operation in time were identified as a result of combining the legal modeling method and a mental legal experiment. Results: the prospective and immediate effects of legal norms coincide in content and should be treated as identical. The application of the legal norms’ retroactivity is fundamentally different in the branches of public and private law. In private law relations, based on equality of participants, retroactivity of law does not apply to a new law improving the legal status of the legal relationship participants. Due to the absence of both doctrinal and law enforcement certainty regarding the understanding of the rights and obligations arising from, but later than, a relationship, the legislator should define as accurately as possible which rights and obligations fall under the ultra-active operation of an old law and which ones – under the prospective operation of a new law
{"title":"TYPES OF LEGAL NORMS OPERATION IN TIME","authors":"V. Golubtsov, O. Kuznetsova","doi":"10.17072/1995-4190-2022-57-348-371","DOIUrl":"https://doi.org/10.17072/1995-4190-2022-57-348-371","url":null,"abstract":"Introduction: the article studies the typology of legal temporality. The changes, evolution, improvement of legal regulation of social relations objectively entail the problem of temporality of legal norms. Consequently, there arise issues of maximum protection for the participants in legal relations, of fair restoration of violated rights in a situation of legislative changes. Purpose: to describe the use of different types of law operation in time (prospective, retroactive, and ultra-active operation). Methods: the study was conducted on the basis of the general philosophical dialectical approach; a system of general scientific and special legal methods was used. The formal dogmatic method and the method of legal interpretation made it possible to clarify the content of the legislative rules on the operation of the law in time. The types of legal norms’ operation in time were identified as a result of combining the legal modeling method and a mental legal experiment. Results: the prospective and immediate effects of legal norms coincide in content and should be treated as identical. The application of the legal norms’ retroactivity is fundamentally different in the branches of public and private law. In private law relations, based on equality of participants, retroactivity of law does not apply to a new law improving the legal status of the legal relationship participants. Due to the absence of both doctrinal and law enforcement certainty regarding the understanding of the rights and obligations arising from, but later than, a relationship, the legislator should define as accurately as possible which rights and obligations fall under the ultra-active operation of an old law and which ones – under the prospective operation of a new law","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"35 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90211974","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 : 2022-01-01DOI: 10.17072/1995-4190-2021-55-86-106
E. Ermakova
Introduction: the article is devoted to the analysis of regulatory framework of Socially Responsible Investing (SRI), which is an investment approach that takes into account environmental, social, and governance (ESG) factors in investment portfolio selection and management. The global SRI market is growing at an unprecedented rate, the value of global assets using environmental, social, and governance data to make investment decisions have nearly doubled in the past four years, and more than tripled in eight years (since 2012) to $40.5 trillion. Russia is gradually joining the contours of today's global ecosystem in terms of sustainable finance and responsible investment practices. In this context, a comparative analysis of the aforementioned issues acquires particular importance. Purpose: to form an understanding of the fundamentals of legal regulation of SRI in Russia and foreign countries based on the analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: juridical-dogmatic method and the method of legal framework interpretation. Results: the study showed that taking into consideration ESG factors is becoming increasingly important for companies and investors. However, the concept of ESG has not been clearly defined so far, and therefore it is difficult to measure the ESG activity of companies. Currently, the EU is a global trendsetter and driver of sustainability transformation. In 2019, the European Commission unveiled the European Green Deal, an economic growth concept that aims to make Europe the first climate-neutral continent by 2050. On April 21, 2021, another step toward the Green Deal was taken – with the publication of the draft Corporate Sustainability Reporting Directive (CSRD) and the first Delegated Climate Act under the Taxonomy Regulation. It is worth highlighting that the CSRD Directive will influence non-financial reporting regimes elsewhere in the world, promoting global convergence and comparability in sustainability reporting. Conclusion: in Europe, with the exception of France, ESG performance is currently not a mandatory criterion for publicly traded companies. The French Energy and Climate Law 2019 (Loi Énergie et Climat) and the Decree implementing this law of May 27, 2021 (Décret n° 2021-663) establish mandatory non-financial reporting, which is to apply to all investment companies managing assets greater than €500 million starting from 2022. German and French small and medium-sized enterprises (SMEs) fear that the sustainable financial regulation planned by the EU may lead to even more bureaucracy and financial difficulties that they may be unable to cope with. The French government has proposed a solution to this problem by organizing Impact platform in spring 2021 to train French companies on how to fill in non-financial reporting indicators. The Russian legislator shoul
简介:本文致力于分析社会责任投资(SRI)的监管框架，SRI是一种在投资组合选择和管理中考虑环境，社会和治理(ESG)因素的投资方法。全球社会责任投资市场正以前所未有的速度增长，利用环境、社会和治理数据进行投资决策的全球资产价值在过去四年中几乎翻了一番，在八年内(自2012年以来)增长了两倍多，达到40.5万亿美元。在可持续金融和负责任投资实践方面，俄罗斯正逐渐加入当今全球生态系统的轮廓。在这方面，对上述问题进行比较分析具有特别重要的意义。目的:通过对科学来源和法规的分析，了解俄罗斯和国外SRI法律法规的基本原理。方法:采用比较、描述、解释的经验方法;形式逻辑与辩证逻辑的理论方法;具体的科学方法有:司法教条法和法律框架解释法。结果:研究表明，考虑ESG因素对企业和投资者来说变得越来越重要。然而，到目前为止，ESG的概念还没有明确的定义，因此很难衡量公司的ESG活动。目前，欧盟是全球可持续发展转型的引领者和推动者。2019年，欧盟委员会公布了《欧洲绿色协议》，这是一个经济增长概念，旨在到2050年使欧洲成为第一个气候中立的大陆。2021年4月21日，随着《企业可持续发展报告指令》(CSRD)草案和《分类条例》下的第一个授权气候法案的发布，向绿色协议迈出了又一步。值得强调的是，CSRD指令将影响世界其他地方的非财务报告制度，促进可持续发展报告的全球趋同和可比性。结论:在欧洲，除法国外，ESG绩效目前并不是上市公司的强制性标准。2019年法国能源和气候法(Loi Énergie et Climat)和2021年5月27日实施该法律的法令(dsamcret n°2021-663)建立了强制性非财务报告，这将适用于从2022年开始管理资产超过5亿欧元的所有投资公司。德国和法国的中小企业担心，欧盟计划的可持续金融监管可能会导致更多的官僚主义和他们可能无法应对的财务困难。法国政府提出了一个解决方案，即在2021年春季组织Impact平台，培训法国公司如何填写非财务报告指标。俄罗斯立法者应该熟悉2021年5月5日德国可持续金融战略的某些要素，特别是消费者可持续性标签的概念(“红绿灯”标签)，因为“红绿灯”系统被认为可以帮助投资者更容易地识别每个公司的绿色投资机会。通过“公共非财务报告法”将有助于改善俄罗斯负责任投资的法律监管。
{"title":"LEGAL REGULATION OF 'RESPONSIBLE' INVESTING IN RUSSIA AND FOREIGN COUNTRIES: CONCEPT, PRINCIPLES, EXAMPLES","authors":"E. Ermakova","doi":"10.17072/1995-4190-2021-55-86-106","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-55-86-106","url":null,"abstract":"Introduction: the article is devoted to the analysis of regulatory framework of Socially Responsible Investing (SRI), which is an investment approach that takes into account environmental, social, and governance (ESG) factors in investment portfolio selection and management. The global SRI market is growing at an unprecedented rate, the value of global assets using environmental, social, and governance data to make investment decisions have nearly doubled in the past four years, and more than tripled in eight years (since 2012) to $40.5 trillion. Russia is gradually joining the contours of today's global ecosystem in terms of sustainable finance and responsible investment practices. In this context, a comparative analysis of the aforementioned issues acquires particular importance. Purpose: to form an understanding of the fundamentals of legal regulation of SRI in Russia and foreign countries based on the analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: juridical-dogmatic method and the method of legal framework interpretation. Results: the study showed that taking into consideration ESG factors is becoming increasingly important for companies and investors. However, the concept of ESG has not been clearly defined so far, and therefore it is difficult to measure the ESG activity of companies. Currently, the EU is a global trendsetter and driver of sustainability transformation. In 2019, the European Commission unveiled the European Green Deal, an economic growth concept that aims to make Europe the first climate-neutral continent by 2050. On April 21, 2021, another step toward the Green Deal was taken – with the publication of the draft Corporate Sustainability Reporting Directive (CSRD) and the first Delegated Climate Act under the Taxonomy Regulation. It is worth highlighting that the CSRD Directive will influence non-financial reporting regimes elsewhere in the world, promoting global convergence and comparability in sustainability reporting. Conclusion: in Europe, with the exception of France, ESG performance is currently not a mandatory criterion for publicly traded companies. The French Energy and Climate Law 2019 (Loi Énergie et Climat) and the Decree implementing this law of May 27, 2021 (Décret n° 2021-663) establish mandatory non-financial reporting, which is to apply to all investment companies managing assets greater than €500 million starting from 2022. German and French small and medium-sized enterprises (SMEs) fear that the sustainable financial regulation planned by the EU may lead to even more bureaucracy and financial difficulties that they may be unable to cope with. The French government has proposed a solution to this problem by organizing Impact platform in spring 2021 to train French companies on how to fill in non-financial reporting indicators. The Russian legislator shoul","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"54 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87967947","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 : 2021-01-01DOI: 10.54072/26586568_2021_4_2_93
S. Moldabekova, G. Dlimbetova
{"title":"MULTILINGUAL EDUCATION - TREND IN THE EDUCATION OF THE REPUBLIC OF KAZAKHSTAN","authors":"S. Moldabekova, G. Dlimbetova","doi":"10.54072/26586568_2021_4_2_93","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_93","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"55 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88454928","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 : 2021-01-01DOI: 10.17072/1995-4190-2021-52-394-423
N. A. Cherniadeva, Yu. V. Vasilyeva
Introduction: the article analyzes the contribution of the Yalta conference of 1945 to the formation of the modern international legal system. We believe that the role the decisions taken at this conference played in the formation of current international law is significantly underestimated these days. The purpose of this article was to identify the elements of modern international law the formation and development of which were influenced by the Yalta Conference. For this, the following objectives were set and consistently accomplished in the course of research: to determine the role of international conferences as mechanisms for the development of international law; to identify the features of the Yalta conference; to study international legal decisions that were made during the Yalta conference. Methods: we applied general scientific methods of analysis, synthesis, interpretation, formal logic. In connection with the study of historical aspects of international legal science, the method of historical and legal analysis played a significant role. Of the specialized legal methodological tools used in the preparation of the article, we note the methods of formal legal analysis and legal modeling. Results: the article proves that the Yalta conference laid the legal foundations for new significant international legal regulations. We consider the following to be the main international legal achievements of Yalta-1945: final agreement on the creation of the UN; the creation of a completely new mechanism of international legal governance – the UN Security Council; participation in the formation of a new system of sources of international law; participation in the development of the basis of new international law; participation in the formation of a number of new branches of international law. Conclusions: the Yalta Conference marks the end of one era and the beginning of a new one, in which the UN will occupy the most important place in the system of management of international legal relations. Many decisions made in Yalta concerned the future of the international legal order, and not just the resolution of the geopolitical issues of the Second World War at its last stage.
{"title":"Influence of the Yalta Conference on the Development of Modern International Law","authors":"N. A. Cherniadeva, Yu. V. Vasilyeva","doi":"10.17072/1995-4190-2021-52-394-423","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-52-394-423","url":null,"abstract":"Introduction: the article analyzes the contribution of the Yalta conference of 1945 to the formation of the modern international legal system. We believe that the role the decisions taken at this conference played in the formation of current international law is significantly underestimated these days. The purpose of this article was to identify the elements of modern international law the formation and development of which were influenced by the Yalta Conference. For this, the following objectives were set and consistently accomplished in the course of research: to determine the role of international conferences as mechanisms for the development of international law; to identify the features of the Yalta conference; to study international legal decisions that were made during the Yalta conference. Methods: we applied general scientific methods of analysis, synthesis, interpretation, formal logic. In connection with the study of historical aspects of international legal science, the method of historical and legal analysis played a significant role. Of the specialized legal methodological tools used in the preparation of the article, we note the methods of formal legal analysis and legal modeling. Results: the article proves that the Yalta conference laid the legal foundations for new significant international legal regulations. We consider the following to be the main international legal achievements of Yalta-1945: final agreement on the creation of the UN; the creation of a completely new mechanism of international legal governance – the UN Security Council; participation in the formation of a new system of sources of international law; participation in the development of the basis of new international law; participation in the formation of a number of new branches of international law. Conclusions: the Yalta Conference marks the end of one era and the beginning of a new one, in which the UN will occupy the most important place in the system of management of international legal relations. Many decisions made in Yalta concerned the future of the international legal order, and not just the resolution of the geopolitical issues of the Second World War at its last stage.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"35 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82519721","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 : 2021-01-01DOI: 10.17072/1995-4190-2021-54-722-753
S. Sheveleva, V. A. Mozhaikina
Introduction: the paper deals with the doctrinal principle of the inevitability of punishment and focuses on the possibility of implementing it in legal relations under penal enforcement law. The purpose of the paper is to identify how this interdisciplinary principle is respected in the enforcement of criminal sentences, and to propose mechanisms for its implementation. The study employs such methods as description, observation, statistical analysis, documentary analysis, induction, analogy, and thought experiment. Results: the paper reveals the fact that within the existing system of measures of negative and positive impact on the behavior of convicted persons, it is practically impossible to ensure the principle of the inevitability of punishment being implemented when it comes to sentences that are not related to isolation from society. Implementation of this principle in the execution of punishments related to isolation from society is not of legal but of organizational nature. Conclusions: the inability to execute a punishment in strict accordance with the requirements of the law leads to the loss of the deterrent value of punishment. When punishment is not related to isolation from society, convicts do not seek to serve the imposed punishment in strict accordance with the court verdict. As to the cases of serving a sentence related to isolation from society, there is a problem of unclear conditions for taking the most significant incentive measures in relation to a convicted person, such as substitution of the unserved part of the sentence and parole. The analyzed practice convincingly indicates that even if all the requirements of the law are fulfilled, petitions of convicts remain unsatisfied, while the courts refer to the fact that the goals of the punishment have not yet been achieved. Currently, in criminal and penal enforcement legislation there exist neither positive nor negative effective regulators aimed at facilitating strict and proper execution of the punishment imposed by the court.
{"title":"THE PRINCIPLE OF THE INEVITABILITY OF PUNISHMENT IN PENAL ENFORCEMENT LAW: FROM DECLARATION TO THE POSSIBILITY OF IMPLEMENTATION","authors":"S. Sheveleva, V. A. Mozhaikina","doi":"10.17072/1995-4190-2021-54-722-753","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-54-722-753","url":null,"abstract":"Introduction: the paper deals with the doctrinal principle of the inevitability of punishment and focuses on the possibility of implementing it in legal relations under penal enforcement law. The purpose of the paper is to identify how this interdisciplinary principle is respected in the enforcement of criminal sentences, and to propose mechanisms for its implementation. The study employs such methods as description, observation, statistical analysis, documentary analysis, induction, analogy, and thought experiment. Results: the paper reveals the fact that within the existing system of measures of negative and positive impact on the behavior of convicted persons, it is practically impossible to ensure the principle of the inevitability of punishment being implemented when it comes to sentences that are not related to isolation from society. Implementation of this principle in the execution of punishments related to isolation from society is not of legal but of organizational nature. Conclusions: the inability to execute a punishment in strict accordance with the requirements of the law leads to the loss of the deterrent value of punishment. When punishment is not related to isolation from society, convicts do not seek to serve the imposed punishment in strict accordance with the court verdict. As to the cases of serving a sentence related to isolation from society, there is a problem of unclear conditions for taking the most significant incentive measures in relation to a convicted person, such as substitution of the unserved part of the sentence and parole. The analyzed practice convincingly indicates that even if all the requirements of the law are fulfilled, petitions of convicts remain unsatisfied, while the courts refer to the fact that the goals of the punishment have not yet been achieved. Currently, in criminal and penal enforcement legislation there exist neither positive nor negative effective regulators aimed at facilitating strict and proper execution of the punishment imposed by the court.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"66 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75935659","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 : 2021-01-01DOI: 10.17072/1995-4190-2021-51-30-56
E. E. Bogdanova
Introduction: the paper deals with the problem of civil rights protection when using genomic technologies in the field of artificial human reproduction. Breakthrough advances in medical and biological science set the state an important task of developing an effective system of legal guarantees aimed at ensuring a fair balance of interests of the parties to the relevant relationship and third parties, protecting the rights and interests of an individual, preventing human biotechnological engineering for the purposes of eugenic practice, etc. According to the author, special attention should be paid to the problem of protecting the rights of the child when using genomic technologies, including preimplantation genetic testing. Purpose: to solve the problem of developing the conceptual foundations of civil rights protection under civil law when using genomic technologies in the field of artificial human reproduction, which involves researching the grounds and peculiarities of applying methods of civil rights protection when using genomic technologies, in particular the technology of preimplantation genetic testing, which will make it possible to productively use these constructions; to create a uniform law enforcement practice in this area. Methods: general scientific, interdisciplinary methods common to the science of civil law and biomedicine (e.g. mathematical method, logical method) and methods specific to each of these sciences; logical, comparative legal, formal legal methods. Results: the author has studied the following: the available Russian and foreign regulatory framework and doctrinal sources on the protection of civil rights, especially the rights of the child, in the field of genomic technologies application; the implementation of the methods of protecting civil rights when using genomic technologies and, in particular, protecting the rights of the child, with attention focused on the specific features of the parties involved in legal relations in this area; the peculiarities of the legal nature of civil liability in the considered category of disputes. Conclusions: the paper provides conclusions reflecting the author's conceptual view of the problem of civil rights protection under civil law when using genomic technologies, in particular, the technology of preimplantation genetic testing. There were determined the directions for improving legislation in relation to persons born as a result of artificial reproduction with the use of genomic technologies; the limits of genomic technologies application in the field of reprogenetics and the conditions of liability in case of their violation were justified.
{"title":"Conceptual Framework for the Protection of Civil Rights in the Field of Reprogenetics","authors":"E. E. Bogdanova","doi":"10.17072/1995-4190-2021-51-30-56","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-51-30-56","url":null,"abstract":"Introduction: the paper deals with the problem of civil rights protection when using genomic technologies in the field of artificial human reproduction. Breakthrough advances in medical and biological science set the state an important task of developing an effective system of legal guarantees aimed at ensuring a fair balance of interests of the parties to the relevant relationship and third parties, protecting the rights and interests of an individual, preventing human biotechnological engineering for the purposes of eugenic practice, etc. According to the author, special attention should be paid to the problem of protecting the rights of the child when using genomic technologies, including preimplantation genetic testing. Purpose: to solve the problem of developing the conceptual foundations of civil rights protection under civil law when using genomic technologies in the field of artificial human reproduction, which involves researching the grounds and peculiarities of applying methods of civil rights protection when using genomic technologies, in particular the technology of preimplantation genetic testing, which will make it possible to productively use these constructions; to create a uniform law enforcement practice in this area. Methods: general scientific, interdisciplinary methods common to the science of civil law and biomedicine (e.g. mathematical method, logical method) and methods specific to each of these sciences; logical, comparative legal, formal legal methods. Results: the author has studied the following: the available Russian and foreign regulatory framework and doctrinal sources on the protection of civil rights, especially the rights of the child, in the field of genomic technologies application; the implementation of the methods of protecting civil rights when using genomic technologies and, in particular, protecting the rights of the child, with attention focused on the specific features of the parties involved in legal relations in this area; the peculiarities of the legal nature of civil liability in the considered category of disputes. Conclusions: the paper provides conclusions reflecting the author's conceptual view of the problem of civil rights protection under civil law when using genomic technologies, in particular, the technology of preimplantation genetic testing. There were determined the directions for improving legislation in relation to persons born as a result of artificial reproduction with the use of genomic technologies; the limits of genomic technologies application in the field of reprogenetics and the conditions of liability in case of their violation were justified.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"23 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81500486","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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