Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2021.4.12.
E. Mikhalevich, A.O. Urumov
The rapid development of technologies based on artificial intelligence, in addition to obvious economic and technological advantages, carries challenges and threats associated with the use of these technologies by antisocial actors for malicious purposes. One of the most important aspects of studying such threats is the analysis of their impact on the architecture of international information and psychological security. In the direction of preventing and countering the threats of the malicious use of artificial intelligence, great attention should be paid to the development of a socially oriented system of proactive technical, political and legal measures and mechanisms. Achievement of this goal is possible only with an expert search and development at the state level of admissible and effective scientifically based decisions to strengthen the system of national, and subsequently international security. This analytical review presents the main ideas, forecasts and solutions voiced by authoritative experts in the field of political, historical, economic, technical sciences at the round table at the Institute of Topical International Problems of the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation.
{"title":"Problems of the Malicious Use of Artificial Intelligence in the Context of International Psychological Security at the Round Table in the Diplomatic MFA RF Academy.","authors":"E. Mikhalevich, A.O. Urumov","doi":"10.21639/2313-6715.2021.4.12.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.12.","url":null,"abstract":"The rapid development of technologies based on artificial intelligence, in addition to obvious economic and technological advantages, carries challenges and threats associated with the use of these technologies by antisocial actors for malicious purposes. One of the most important aspects of studying such threats is the analysis of their impact on the architecture of international information and psychological security. In the direction of preventing and countering the threats of the malicious use of artificial intelligence, great attention should be paid to the development of a socially oriented system of proactive technical, political and legal measures and mechanisms. Achievement of this goal is possible only with an expert search and development at the state level of admissible and effective scientifically based decisions to strengthen the system of national, and subsequently international security. This analytical review presents the main ideas, forecasts and solutions voiced by authoritative experts in the field of political, historical, economic, technical sciences at the round table at the Institute of Topical International Problems of the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123986772","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 : 1900-01-01DOI: 10.21639/2313-6715.2022.3.5.
E. L. Vasyanina
Modern economic reality requires the formation of new approaches to the regulation of financial relations aimed at ensuring state sovereignty and the resistance of the state's financial system to economic crises of any scale. In the context of the structural restructuring of the world economy caused, on the one hand, by an increase in the gap between the real and virtual economies and, on the other hand, by the transition to a multipolar system of foreign economic relations. A number of paradigmatic positions and attitudes in the field of regulating financial relations are changing, new patterns are being formed, conditions and factors for the development of the financial system of the state. The formation of an effective legal model for the regulation of financial relations that meets modern challenges requires the study of key problems in the financial and legal sphere, identifying the causes and determining ways to resolve them. An analysis of financial legislation and law enforcement practice allows us to state that the problems in the implementation of the mechanism of financial and legal regulation are caused by: the use of alternative legal instruments for regulating financial relations; the implementation of numerous administrative procedures within the framework of the financial activities of the state, leveling the obligatory nature of financial legal relations; internal inconsistency of acts of financial legislation, etc. The development of the theory of financial law and financial legislation should be aimed at finding effective legal means aimed at consistent legislative consolidation of the completeness of the essential conditions of financial obligations, streamlining the system of measures of property liability for violation of financial legislation, working to eliminate internal inconsistency of financial legislation acts, etc.
{"title":"Actual Problems of Legal Regulation of Financial Relations","authors":"E. L. Vasyanina","doi":"10.21639/2313-6715.2022.3.5.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.5.","url":null,"abstract":"Modern economic reality requires the formation of new approaches to the regulation of financial relations aimed at ensuring state sovereignty and the resistance of the state's financial system to economic crises of any scale. In the context of the structural restructuring of the world economy caused, on the one hand, by an increase in the gap between the real and virtual economies and, on the other hand, by the transition to a multipolar system of foreign economic relations. A number of paradigmatic positions and attitudes in the field of regulating financial relations are changing, new patterns are being formed, conditions and factors for the development of the financial system of the state. The formation of an effective legal model for the regulation of financial relations that meets modern challenges requires the study of key problems in the financial and legal sphere, identifying the causes and determining ways to resolve them. An analysis of financial legislation and law enforcement practice allows us to state that the problems in the implementation of the mechanism of financial and legal regulation are caused by: the use of alternative legal instruments for regulating financial relations; the implementation of numerous administrative procedures within the framework of the financial activities of the state, leveling the obligatory nature of financial legal relations; internal inconsistency of acts of financial legislation, etc. The development of the theory of financial law and financial legislation should be aimed at finding effective legal means aimed at consistent legislative consolidation of the completeness of the essential conditions of financial obligations, streamlining the system of measures of property liability for violation of financial legislation, working to eliminate internal inconsistency of financial legislation acts, etc.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128609135","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 : 1900-01-01DOI: 10.21639/2313-6715.2021.4.9.
I. Lazarev
The article analyzes the place of housing legal contracts in the system of contracts in Russian law. The author offers his own point of view with respect to the range of housing contracts, designates the criteria of such allocation. It is proposed to consider true that by virtue of a number of features (among which the subject of such contractual structures occupies the leading place) housing law contracts significantly differ from civil law contracts. The author pays special attention to the definite characteristics of housing law contracts, laid down at the level of principles, in particular – the principle of freedom of a contract. The article emphasizes the absence of this principle legal fixing in the housing legislation, notes its ignoring by the scientists and the cautious approach of the courts to its application, analyzes the scope of each element of the principle of contracts freedom in the contractual constructions under the housing law. The author substantiates that manifestation of the principle of contracts freedom in housing law significantly differs from that in civil law, and restrictions of contractual freedom are more likely to be regarded as a rule rather than an exception. The conclusion of the need for further studying the problems outlined in the article is substantiated.
{"title":"On Freedom of Housing Legal Contracts: Raising the Issue","authors":"I. Lazarev","doi":"10.21639/2313-6715.2021.4.9.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.9.","url":null,"abstract":"The article analyzes the place of housing legal contracts in the system of contracts in Russian law. The author offers his own point of view with respect to the range of housing contracts, designates the criteria of such allocation. It is proposed to consider true that by virtue of a number of features (among which the subject of such contractual structures occupies the leading place) housing law contracts significantly differ from civil law contracts. The author pays special attention to the definite characteristics of housing law contracts, laid down at the level of principles, in particular – the principle of freedom of a contract. The article emphasizes the absence of this principle legal fixing in the housing legislation, notes its ignoring by the scientists and the cautious approach of the courts to its application, analyzes the scope of each element of the principle of contracts freedom in the contractual constructions under the housing law. The author substantiates that manifestation of the principle of contracts freedom in housing law significantly differs from that in civil law, and restrictions of contractual freedom are more likely to be regarded as a rule rather than an exception. The conclusion of the need for further studying the problems outlined in the article is substantiated.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128774387","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 : 1900-01-01DOI: 10.21639/2313-6715.2022.1.3.
G. Reiner, K. P. Tatarkina
The article analyses provisions of German civil law that establish special rules applicable to legal transactions, which are typically concluded in a large number of cases and comparable conditions (bulk transactions). Four examples are used to reveal, in terms of their ratio, four different types of rules introducing a special regulation of bulk transactions: (1) exceptions to freedom of contract due to lack of interest of the bulk contractor in selecting his contractual partner (e.g. the prohibition of discrimination); (2) rules taking into account the fact that the ability of bulk contractor to contract en masse is typically an indication of superior market power and therefore protecting the contractual partner against exploitation (e.g. regulation on standard terms and conditions); (3) rules protecting the market, which is endangered by companies acting illegally on a mass scale (e.g. disgorgement of profits under unfair competition law; the tort liability in the VW diesel case); and finally (4) rules enabling bulk business and competition between providers in the area of services of general interest (e.g. the concept of «suitability for bulk business" in the energy law).
{"title":"Bulk Transactions: A New Category of Civil Law in Germany?","authors":"G. Reiner, K. P. Tatarkina","doi":"10.21639/2313-6715.2022.1.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.3.","url":null,"abstract":"The article analyses provisions of German civil law that establish special rules applicable to legal transactions, which are typically concluded in a large number of cases and comparable conditions (bulk transactions). Four examples are used to reveal, in terms of their ratio, four different types of rules introducing a special regulation of bulk transactions: (1) exceptions to freedom of contract due to lack of interest of the bulk contractor in selecting his contractual partner (e.g. the prohibition of discrimination); (2) rules taking into account the fact that the ability of bulk contractor to contract en masse is typically an indication of superior market power and therefore protecting the contractual partner against exploitation (e.g. regulation on standard terms and conditions); (3) rules protecting the market, which is endangered by companies acting illegally on a mass scale (e.g. disgorgement of profits under unfair competition law; the tort liability in the VW diesel case); and finally (4) rules enabling bulk business and competition between providers in the area of services of general interest (e.g. the concept of «suitability for bulk business\" in the energy law).","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128528947","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 : 1900-01-01DOI: 10.21639/2313-6715.2021.3.10.
K. V. Pitulko
The article reveals the features of the distinction between criminal and non-criminal circumstances, leading to a patient treatment unfavorable outcome. The aim of the research undertaken is to identify the nature and degree of social danger of professional negligence in the diagnosis and treatment of diseases. The article analyzes statistical data characterizing the dynamics of bringing doctors and other medical workers to criminal responsibility for committing crimes that caused harm to the life and health of patients. The organic connection of iatrogenic crimes with defects in the quality of medical care and improper performance of professional duties by medical workers is argued. The author reveals the difference between the causes of death and deterioration in the health of persons seeking medical assistance, and analyzes the practice of termination of medical workers criminal prosecution on rehabilitating grounds. On the basis of materials of modern judicial practice, it is proved that there is no need to separate the category «iatrogenic crimes» in the criminal law. A differentiated approach to qualification of adverse treatment outcomes seems promising. The author proposes detailing the legal liability of medical workers and medical organizations, depending on the criminal or non-criminal nature of the circumstances of causing harm to the life and health of the patient.
{"title":"Problems of Iatrogenic Crimes Qualification","authors":"K. V. Pitulko","doi":"10.21639/2313-6715.2021.3.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.10.","url":null,"abstract":"The article reveals the features of the distinction between criminal and non-criminal circumstances, leading to a patient treatment unfavorable outcome. The aim of the research undertaken is to identify the nature and degree of social danger of professional negligence in the diagnosis and treatment of diseases. The article analyzes statistical data characterizing the dynamics of bringing doctors and other medical workers to criminal responsibility for committing crimes that caused harm to the life and health of patients. The organic connection of iatrogenic crimes with defects in the quality of medical care and improper performance of professional duties by medical workers is argued. The author reveals the difference between the causes of death and deterioration in the health of persons seeking medical assistance, and analyzes the practice of termination of medical workers criminal prosecution on rehabilitating grounds. On the basis of materials of modern judicial practice, it is proved that there is no need to separate the category «iatrogenic crimes» in the criminal law. A differentiated approach to qualification of adverse treatment outcomes seems promising. The author proposes detailing the legal liability of medical workers and medical organizations, depending on the criminal or non-criminal nature of the circumstances of causing harm to the life and health of the patient.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127746123","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 : 1900-01-01DOI: 10.21639/2313-6715.2021.1.2.
I. Zernov
The article is devoted to the study of the federal territory organization constitutional and legal foundations. The article analyzes the constitutional acts of Russia on the issues of formation and functioning of the federal territory as a separate type of public law entities. It is established that in legal science there are different approaches to the definition of the concept «federal territory». In this connection the position of applying this term only in the political sense is justified. The author formulates the main characteristics of the federal territory as a public law entity, and examines the provisions of the Federal Law «On the Federal Territory "Sirius"», which defines the status, territorial structure, as well as the order of public power organization in the federal territory. It is indicated that the federal territory in Russia is a public law entity «with a special status», since public authorities are created and operate within its borders, with separate powers of federal, regional and municipal importance. Based on the results of the analysis of Russian legislation and legal literature, the content of the federal territory constitutional legal personality is shown, which has certain differences from other public legal entities (state subjects and municipalities).It is stated that the creation of federal territories is associated with the consistent implementation of the administrative reform stages aimed at improving the efficiency of the executive power in our country. In the study of the federal territory as a new constitutional and law institution, the author uses methods of analysis, synthesis, as well as formal legal, dialectical and systematic methods of scientific research, the combination of which made it possible to determine the constitutional and legal content of the federal territory as a new type of a public law entity.
{"title":"Constitutional Features of the Federal Territory Status: Issues of Theory and Practice","authors":"I. Zernov","doi":"10.21639/2313-6715.2021.1.2.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.1.2.","url":null,"abstract":"The article is devoted to the study of the federal territory organization constitutional and legal foundations. The article analyzes the constitutional acts of Russia on the issues of formation and functioning of the federal territory as a separate type of public law entities. It is established that in legal science there are different approaches to the definition of the concept «federal territory». In this connection the position of applying this term only in the political sense is justified. The author formulates the main characteristics of the federal territory as a public law entity, and examines the provisions of the Federal Law «On the Federal Territory \"Sirius\"», which defines the status, territorial structure, as well as the order of public power organization in the federal territory. It is indicated that the federal territory in Russia is a public law entity «with a special status», since public authorities are created and operate within its borders, with separate powers of federal, regional and municipal importance. Based on the results of the analysis of Russian legislation and legal literature, the content of the federal territory constitutional legal personality is shown, which has certain differences from other public legal entities (state subjects and municipalities).It is stated that the creation of federal territories is associated with the consistent implementation of the administrative reform stages aimed at improving the efficiency of the executive power in our country. In the study of the federal territory as a new constitutional and law institution, the author uses methods of analysis, synthesis, as well as formal legal, dialectical and systematic methods of scientific research, the combination of which made it possible to determine the constitutional and legal content of the federal territory as a new type of a public law entity.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122606289","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 : 1900-01-01DOI: 10.21639/2313-6715.2020.3.6
N. Markova
{"title":"Criminal Subculture Among Young People as a Criminologically Significant Problem in the Context of the Modern Cultural Crisis","authors":"N. Markova","doi":"10.21639/2313-6715.2020.3.6","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.6","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126848086","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 : 1900-01-01DOI: 10.21639/2313-6715.2019.3.1
I. Minnikes, E. V. Pirmaev
{"title":"Limits of judicial interpretation","authors":"I. Minnikes, E. V. Pirmaev","doi":"10.21639/2313-6715.2019.3.1","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.3.1","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133033332","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 : 1900-01-01DOI: 10.21639/2313-6715.2020.2.4
E. Sidorova
{"title":"On the problems of applicating the criminal legislation in qualification of acts connected with non-returning money in foreign currency and currency of the Russian Federation from abroad","authors":"E. Sidorova","doi":"10.21639/2313-6715.2020.2.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.4","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128600493","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 : 1900-01-01DOI: 10.21639/2313-6715.2020.2.2
P. Sazonov, Irkutsk Regional Court
{"title":"On some features of disputes consideration related to unauthorized constructions: analysis of the Russian Supreme Court practice","authors":"P. Sazonov, Irkutsk Regional Court","doi":"10.21639/2313-6715.2020.2.2","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.2","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116958273","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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