Vol 48, No 2 (2024)
Information. State. Human Rights
International law on sustainable development: media law aspects
Abstract
The fragmentary nature of international law together with the pursue of vital national interests and along with the conflicting international political blocks has already minimized the effectiveness of law at the international level, added complexities for the future of sustainable development of the world countries and deepened the chain of inequalities among the nations. These difficulties led international scholars to propose to review the very nature of the current bureaucratic international law institutions and to initiate the examination of the new legal field — international sustainable development law in order to stand against all harmful challenges and with the purpose to draw the path for the development of all legal areas. Although the normative basis of international sustainable development law is mostly comprised of non-systemized “soft law” norms, we have UN 2030 Agenda, New Delhi Principles and the activity reports of the UN International Law Commission where there are direct highlights about the role of media law, rights of journalists, freedom of expression and information, Internet freedom and access to the Internet. Yet, there are no enough academic works on the importance of media law regulations for the sustainable development goals and there is a significant need to look to the international sustainable development law from the angle of media law rules.
8-15
Intelligent systems for recognizing images and meaning in the crime prevention system
Abstract
Intelligent systems (IS) are the most promising area of information technology development, the importance of using AI technological solutions in economics and public relations is stated in legal acts. However, we are faced with a situation where information, for example, posted on the Internet, containing the intention to commit a crime is not revealed, which eventually leads to the realization of the criminal’s criminal intentions. Although the capabilities of AI could well be used by authorized security agencies in the crime prevention system.
But, unfortunately, we were unable to find reports on the results of using predictive big data analytics methods in the crime prevention system on the territory of the Russian Federation. However, there are many foreign reports on the use of AI systems in order to prevent criminal acts. Perhaps this situation is related to different approaches to understanding the concept of “crime”.
In this regard, the article examines the possibilities of AI in order to determine the probability of: attributing the identified illegal actions to criminal ones based on correlating the signs of a crime; committing a crime by a specific person based on an analysis of his criminogenic qualities, as well as identifying criminal intent and assessing the probability of its transition to criminal actions.
16-23
Information openness of courts as a legal guarantee of public control over the functioning of the judiciary
Abstract
The problem of information openness of the judicial system remains very relevant in the conditions of modernization of society and state institutions. The widespread introduction of digital technologies in the judicial system has made it possible to freely seek, receive, transmit, produce and disseminate judicial information in digital form. As a consequence, there has been a transformation of the information openness of the courts, currently based on digital technologies, which has significantly increased the effectiveness of public control over the functioning of the judiciary.
The purpose of this study is to comprehensively analyze the changes in the information openness of the courts due to digitalization, as well as to determine the role of information openness as a guarantee of public control in the judiciary.
In order to realize the set goal, the following tasks were allocated: to study the legal basis of access to judicial information; to assess the impact of digital technologies on the level of information openness of the judiciary; to analyze the effectiveness of public control over the activities of the judiciary in the context of digital transformation.
The research methodology includes dialectical, formal-logical and other general scientific research methods; special-legal methods: formal-legal and others.
The results of the study demonstrate that digital innovations contribute to increasing the information openness of the judicial system and strengthening public control over the implementation of justice.
The findings of the study highlight the importance of further development of legal mechanisms aimed at harmonizing digitalization and information openness of the courts, which will strengthen public control over the courts and increase confidence in the judiciary.
24-29
Digital currency: Russian and Chinese experience
Abstract
The rapid development of new technologies, such as big data, blockchain, and artificial intelligence, has propelled the digital economy to the forefront of history, necessitating the ability to adapt, keep up with the times, and improve legal regulations.
In 2023, the Russian Federation took significant steps towards the introduction of the digital ruble. Specifically, transactions with the digital ruble were tested for the first time with the participation of real customers, and the State Duma adopted several important legal acts that amend the current legislation and regulate the introduction of the digital ruble in Russia.
However, the swift evolution of digital currencies is not exclusive to Russia, many countries are grappling with the development and implementation of a new form of money. This form aims to simultaneously enhance the transparency and reliability of transactions while contributing to the stability of the national currency.
In this article, we propose to examine the features of legal regulation and the conduct of transactions with digital currency, using the experiences of both the Russian Federation and the People’s Republic of China as examples.
30-37
Review of legal regulation of audiovisual services in Russia
Abstract
This scientific research provides an extensive overview of the legal regulation of audiovisual services in Russia. In light of the rapid development of online cinemas and increased interest in audiovisual content, a number of questions arise regarding their legal operation. Developing against a backdrop of technological change and sociocultural transformation, audiovisual services are faced with the need to comply with complex regulatory requirements. The purpose of the work is to analyze and systematize regulations, identify key court decisions and identify trends in the development of legislation in this area. The research is carried out using methods of analysis of regulations, judicial practice, as well as a review of academic sources. The work identified key issues affecting the legal status of audiovisual services, such as restrictions on foreign ownership, content requirements and licensing conditions. The results of the study allow us to conclude that it is difficult to balance between stimulating the development of domestic audiovisual services and ensuring compliance with laws. Inconsistencies in existing control mechanisms were discovered, and the need for further improvement of legislation for effective regulation of this sector was emphasized.
38-46
Features of the legal status of the young scientist in the Russian Federation
Abstract
The attention of the state to young scientists as a category of citizens carrying out research in key areas of scientific and technological development of the Russian Federation is characterized, on the one hand, by a large number of state support instruments, and, on the other hand, by terminological uncertainty regarding the concept itself.
In the absence of a clear enshrinement in federal legislation, many approaches to the definition of young scientists have appeared in by-laws, which sometimes contradict each other. In preparation for the introduction of changes in the legislation on science in terms of defining the concept of this category of persons, the author makes an attempt to generalize the available material on the topic and formulates a number of his own proposals.
The key in the author’s approach is to consider the features of the legal status of a young scientist in the Russian Federation from the point of view of constitutional human rights. Sociological, historical and administrative aspects of the development of problems are additionally considered. The author, in the context of the complex nature of the concept of a young scientist, takes into account the development of public law regulation of youth policy on the one hand and scientific and educational policy on the other.
This article can be used as a reference and methodological material for legal researchers, representatives of federal executive and legislative authorities dealing with this issue, as well as a wide range of readers interested in youth and scientific and educational policy in the Russian Federation.
47-61
Legal regulation of interaction between the state and civil society institutions: strengthening traditional values
Abstract
The article analyzes changes new to theory and practice in the field of legal regulation of interaction between the state and civil society institutions, which are associated with the development of digital technologies and the use of artificial intelligence in the field of public administration. The phenomenon of digitalization is investigated in the context of the development of legal regulation. The main aspects of the digital technologies legal regulation and the using of artificial intelligence (AI) in the field of public administration and the development of civil society in Russia and other countries are described. The existing challenges and risks of using digital technologies in the field of public administration are considered.
62-68
Intellectual Property Rights
Development of the institute of authorship in industrial property
Abstract
The author analyzes historical and theoretically determined approaches to authorship in industrial property law. The article provides a comparative legal analysis of the legal status of the author of inventions and industrial designs in certain member states of the Eurasian Patent Organization (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, and the Russian Federation). Special attention is given to the analysis of the relevant provisions of the Eurasian patent law.
As a result of the research, the author of the article proposes to improve specific aspects of authorship in the field of industrial property.
69-73
On the state of Russian intellectual property legislation and possible ways of its development
Abstract
The author of the article shares his thoughts on the state of domestic legislation on intellectual property and possible ways of its further development. First, the process of developing and adopting Part four of the Civil Code of the Russian Federation is briefly described and an assessment of this event is given; then the conceptual shortcomings of the current state of intellectual property law are listed; and, finally, some ideas are presented regarding the prospects for the development of intellectual property legislation.
74-81
Copyrights and citation indices for scientific publications of scientists and specialists
Abstract
Scientific publications as works of science are one of the significant objects of copyright. As is known, various indicators are used to assess the scientific productivity of scientists and specialists in scientometrics, the most common of which is the Hirsch index or h-index. The Hirsch index is calculated by the number of citations of a researcher’s works included in a particular database. For the CIS countries, an important database of scientific and educational publications is the Russian Science Citation Index (RSCI) database. Internationally, Scopus and Web of Sciences databases have become widespread. One of the problems with using the h-index is whether the ratings comply with copyright regulations. The Hirsch index shows the comparative efficiency of the work of a scientist or a team of scientists. But as it is easy to see, according to the calculation of the h-index according to the RSCI databases, for individual scientists their contribution and participation in collective publications and their citations are not taken into account. In the case when publications are carried out by groups or teams of scientists, all scientists and researchers participating in the publication of a joint scientific work have the status of co-authors of this publication. Relations between co-authors are determined on the basis of an agreement, in the absence of which the copyright for publication is exercised by all co-authors jointly, and the remuneration is distributed equally between them. It is proposed that in order to assess the individual citation index of scientists’ publications, introduce a modified Hirsch index, called the Hirsch index “plus” or h+, which is calculated based on dividing the usual number of citations of a particular publication by the number of co-authors of the cited publication, which will not cause difficulties in calculating h+ indices, using algorithm for determining the Hirsch index itself. This indicator takes into account the interests of co-authors from the point of view of copyright and more accurately assesses the effectiveness of the work of a particular scientist in comparative assessments of their work. Also, for a comparative assessment of individual citation indices of scientists and specialists, it is proposed to introduce an author’s index averaging coefficient — kc, equal to the cube root of the total number of co-authors, by which the corresponding Hirsch index or other citation index of a particular author is divided.
82-88
The legal nature of scientific article abstracts
Abstract
The article examines the approaches of judicial practice and doctrine to the conditions for quoting annotations to works. Based on the conducted research, the author comes to the conclusion that it is advisable to establish a free use mode for annotations.
89-95
Study on China’s experience in protecting intellectual property rights on live streaming e-commerce platforms
Abstract
This article investigates China’s experience in protecting intellectual property rights on live streaming e-commerce platforms. The growing popularity of e-commerce and the increasing importance of digital content create new challenges in the field of intellectual property protection. China, as one of the leading economic powers, has significant experience and features in this area. This article examines the laws and regulations provided by China to ensure the protection of intellectual property rights on live streaming e-commerce platforms. The application of measures such as the platform’s obligations to control content, monitor infringement, remove infringing content and cooperate with rights holders is analysed. Particular attention is paid to the effectiveness of the measures taken and their impact on reducing infringement of intellectual property rights. Examines the jurisprudence and court decisions related to intellectual property infringement on live streaming e-commerce platforms in China. The article Describes the case of Saishi Trading (Shanghai) Co., Ltd. (Saishi) v. Hongyu and Bytedance. The intellectual property laws and regulations relating to live broadcasting, the legal status of live broadcasting e-commerce, and IP protection mechanisms are analysed.
The results of the study allow us to draw conclusions about the positive and negative aspects of China’s experience in protecting intellectual property rights on live streaming e-commerce platforms. This provides perspectives and recommendations for other countries facing similar challenges and seeking to develop effective measures to protect intellectual property rights in e-commerce.
96-108
Copyright protection for the online show format
Abstract
The article substantiates the extremely urgent problem of copyright protection for online shows or broadcasts on the Internet in recent years. A comparative analysis of information and copyright law is carried out, and the place of online shows in these industries is justified. The legal status of an online show as an audiovisual work is substantiated. Foreign experience and judicial practice are analyzed, as a result of which recommendations are made on amendments to Part IV of the Civil Code of the Russian Federation.
109-117
Artificial Intelligence Law
Features of providing information using recommender systems as a subtechnology of artificial intelligence
Abstract
On October 1, 2023, amendments to the Information Law came into force, establishing the specifics of providing information using recommendation technologies, which are usually used to promote goods and services, engage Internet users and retain their attention.
Recommendation technologies are used to analyze the user’s request by an artificial intelligence system, select and offer the user goods and services that are similar in form and content. The use of recommendation technologies to analyze the preferences of Internet users using artificial intelligence systems is still at the initial stage of legal regulation. However, the question of how to define the boundaries of the use of recommendation algorithms has not yet been resolved.
118-123
The problem of distribution of intellectual rights on artificial intelligence generated works
Abstract
The article explores the problematic issues of intellectual property rights arising in connection with the development of generative models of artificial intelligence capable of generating text, image, melody, etc. The author focuses on revealing the problematic issue of how intellectual property rights to AI-generated content should be allocated. Two aspects of this problem are emphasized: 1) the work was generated in some part, but its creation is traced by human creative contribution; 2) the work was generated entirely without human creative participation. The complexity of a single definition of the AI concept due to its complexity is emphasized. The relevance of the problem is caused by the widespread and mass use of generative AI models, which challenges the current legislation. It is concluded that only human beings are capable of creative activity, and AI is capable only of complex automatic compilation of the results loaded into it. The current Russian law allows only a human being to be considered an author, while there are no obstacles in considering AI as a creative tool and granting a human being copyright over the generated work, if his creative contribution is traced. The issue of allocation of intellectual rights to the works generated without human creative input should be directly solved by the legislator, because there is a demand for it from society and business. The study of existing doctrinal legislative concepts of distribution of rights to generated works has shown that the most successful for realization in the Russian legislation will be anthropocentric concept, in the framework of which the author of the paper proposes to grant an exclusive right to the end user who formulated a request to the neural network. This exclusive right is proposed to be limited to one calendar year. As a consequence, users will have an incentive to pay for access to the neural network, and developers will receive funding for the development of their technology.
124-137