No. 2 (2022)

Articles

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  On the spread of cases of the rehabilitation of nazism in the social networks of the digital environment Over the past few years, crime has largely transformed, as the Internet, including social networks, began to play a significant role in society. Encroachments on the history of the Great Patriotic War, as well as propaganda and justification of the Nazi ideology, committed through social networks, are becoming increasingly relevant. The growth in the commission of these illegal actions in social networks indicates the inefficiency of modern legal regulation of this area, and determines the relevance of conducting research on this topic. The author considers social networks as a source of criminal false information about the events of the Second World War, analyzes the impact of such information on the younger generation, and also studies the ways of its dissemination in the digital space. As a result, measures are proposed to counteract the rehabilitation of nazism and the falsification of national history, committed using social networks.

  K Sheveleva

  248-254

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  PROBLEMS OF CRIMINAL LEGAL REGULATION OF CYBERCRIME Recently, there has been a sharp increase in the number of crimes using high technology. However, the problems of their qualification remain unresolved. Based on the analysis of the works of famous scientists, the author proposes the concept of qualifying socially dangerous acts, taking into account the scope of the commission. The article provides statistical data on the level of cybercrime and the cost of protecting information resources, as well as predicted indicators of counteracting cyber threats.

  N Shevko

  254-259

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  Role and purpose of attribution in the process of investigation of cybercrimes in foreign countries Cybersecurity offenses have increased significantly in recent years. As a result, the issue of liability for such offenses has become particularly relevant. This study is devoted to the analysis of illegal acts committed in cyberspace and encroaching on cybersecurity. The purpose of this work is to study the process of investigation of cybercrimes and other illegal actions, as well as the peculiarities of imposing legal responsibility on the subjects of such actions. Particular attention is paid to the attribution as a stage in the investigation of cybercrime, as well as certain aspects of its implementation in foreign countries.

  V Shestak, P Savenkova

  259-265

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  Global challenges of digital technologies and prospects for their international legal regulation The article considers the planetary challenges associated with the introduction of digital technologies and offers some prospects for their international legal regulation. It is noted that at least some of the mentioned global challenges are fraught with the cessation of the existence of human civilization, which requires the improvement of international legal regulation in order to achieve sustainable human-oriented development of digital civilization. In this context, the concept of the implementation of digital human rights, including the possibility of using the relevant benefits in every point of the planet, is proposed. The necessity of adopting the Declaration, and then the Convention of Global Digital Human Rights, is substantiated.

  S Buryanov, M Buryanov

  266-273

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  International legal concept of the application of information communication systems and digital technologies This article is devoted to the international legal concept of the use of information and communication systems and digital technologies. The author considers the concept of «information rights», identifies two main legal approaches to the regulation of the system of ensuring international security: fragmented and complex. The author of the article comes to the conclusion that the gap in technical support implies the existence of conditionally informationally “rich” and informationally “poor” states, which in fact negatively affects the observance of the principle of sovereign equality of states in international law.

  E Gulyaeva

  273-283

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  Problems of international legal regulation of internet management The article examines the technical architecture of the Internet, which determines the content of institutions and entities involved in legal relations on the Internet, and the need for legal supervision over their use, identifies the fundamental importance at the national and international level, which contributed to the development of many forms of Internet governance, for which the main principle is the participation of all parties. Since the Internet is a multi-level network of technical information, it can be said that its activities are carried out within the established limits. At the same time, it is impossible to accurately determine the object and subject of the management of legal relations related to the use of the Internet. The above-mentioned legal network control relations apply to software and hardware for connecting various parts of the data transmission network in different countries, including the root server system that directs the main data flow on the Internet, channels and equipment of the physical connection, technical standards and methods for the actual implementation of network addresses of the communication device, and much more. That is why it can be said that these relations arise from very specific regulatory entities. For a long time, the Internet was not perceived by the state as a subject of international legal scientific research. The article analyzes international acts of international intergovernmental organizations and international conferences that are directly related to Internet governance, their cooperation can be divided into several areas that are related to everyday operational activities, as well as directly related to the role of governments and the fulfillment of their fundamental responsibilities in the international arena. Internet governance in international law is a multifaceted model, the essence of which includes the partnership of countries in this area. The specifics of the mechanism of control over the management of the Internet were historically laid down at the moment when the Internet was just beginning to form. If we consider on the one hand, it can be said that the Internet originated within the framework of the 1MP0, on the other hand, the Internet is closely interconnected with the World Summit of the Information Society, at which the fundamental norms for regulating the information and communication network were subsequently developed.

  E Dyatlova

  283-289

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  International and national legal systems in the context of information technology regulation Information, and information technology, is an extremely dynamic area of human activity. The dynamics causes the emergence of the need for streamlining, including through such a social regulator as law. Legal regulation is required not only and not so much at the domestic level, but precisely at the international level. First of all, through the formulation and consolidation of more universal and uniform norms that can be detailed and concretized already in national law.

  O Kiseleva

  289-296

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  Regulation of the digital economy at the international level The article examines the problems of the formation of the regulatory ecosystem of international organizations for the formation and development of the digital economy. Digitalization, being by its nature an endogenous, technological factor in economic development, is becoming an important institution in modem conditions. Taking into account the growth of new risks and threats caused by the widespread introduction of digital technologies, their cross-border nature, the need for appropriate international regulation is increasing. The author highlights the features of regulation of the digital economy by international organizations, identifies tire shortcomings of the formed regulatory ecosystem and possible directions for its optimization.

  V Krishtanosov

  296-306

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  Development and application of information technologies in the practice of modern international relations The article examines various processes that arise in the practice of modem international relations in connection with the active use of information and communication technologies. It is noted that information and communication technologies in modern conditions are becoming an integral part of the new state of geopolitical confrontation, better known as «hybrid wars». Based on the analysis of the current state of international law in the field of information security, the reasons for the decrease in its regulatory effect are substantiated.

  D Lobach

  306-312

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  Digital agenda of the eurasian economic union: from idea to law The digital transformation of everyday life, the business environment, and public administration requires not only the introduction of innovative legal and institutional instruments, but also the creation of a common digital space within the EAEU. The combination of a coherent and unified policy is seen as necessary for the successful implementation of a multifactor, multi-subject infomark and digital strategy of the Union. The EAEU-2025 agenda includes the development of digital infrastructure within the common market and the EAEU institutions, cybersecurity and process security. The increase in socio-technical interaction will inevitably lead to the expansion of the Eurasian digital agenda: qualitatively new types of social relations (digital reality) will require innovative regulation, diversification of governance mechanisms, axiological “resetting” and, in general, the transition from information interaction within the Union, digitalization as a tool - to the EAEU digital model, the creation of the Common Eurasian Digital Space.

  T Mikhaleva

  313-325

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  Digital diplomacy as a foreign policy tool In the XXI century, diplomatic relations are carried out taking into account new realities. Public diplomacy, one of the components of which is digital diplomacy, has begun to be introduced into the relations of states. Today, citizens of different countries participate in the diplomatic process, indirectly influencing the formation of the foreign policy of the leading countries. The primary focus of digital diplomacy is to communicate with the Internet audience. The presence of state officials, politicians and ambassadors in social networks has become a trend of the current decade. Russian digital diplomacy in the complex geopolitical situation in the world allows for the rapid dissemination of information about Russia’s foreign policy initiatives both to foreign audiences and to Russian citizens, using information channels of foreign countries and national online platforms.

  R Nigmatullin

  325-334

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  International digital law as a branch of international law The purpose of the article is to convey the author’s view on the emergence and development of a relatively new legal reality in the international system: “international digital law”. The question of the quality of this normative block, its subject and place in the system of international law is revealed. Attention is drawn to the terminological problem and the correlation of international law and national legal systems in terms of the activities in the electronic space of both individuals and states or international organizations. It is concluded that “international digital law” is the same reality as the transnational electronic space regulated by it, only law, as it often happens, lags behind the needs of regulation. International digital law is still an emerging branch of international law.

  V Shumilov

  340-346

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  Basis for occurrence of rights to digital property The purpose of article is to identify ways of the emergence of subjective civil rights to digital objects: cryptocurrency, digital rights, including digital financial assets and utilitarian digital rights. An analogy is drawn between the ways in which rights arise to digital property and real property. The problems associated with the violation of the basic civilistic principles in the established practice of information system operators are identified. It is nessesary to eliminate existing gaps in civil legislation and extende the norms of civil law to digital property.

  E Abramova

  347-355

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  Test for the legitimation of the content of a digital obligation in corporate investment law The article deals with the provisions of changing the norms of the Civil Code of the Russian Federation in part of new objects of civil rights: investment tokens for shares, digital rights for information technology, derivative financial instruments or their equivalents, obligations. Stochastic smart-obligations as the special part of fiduciary obligation, the issues of liability regarding digital financial assets, digital rights, as new objects of civil rights on the basis of the contract are touched upon, the effectiveness of the application of the model of legal regulation of legal obligations. This article introduces especially corporate area and will discuss the implementation of rights on derivatives involving a contract with a forex dealer. It will also consider the possibility of applying the institutions of the refusal to execute the contract, the waiver on such contracts and some other legal relations involving the exercise of rights using technical and electronic means. Additionally, the provisions of the Federal Law No. 2 59 ’On digital financial assets’ was analyzed.

  R Adelshin

  355-360

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  Regulation of e-commerce platforms: Russian and Chinese experience The purpose of the study is to review the legislation of the People’s Republic of China and Russia concerning e-commerce and to determine the directions of development of the Russian legal framework in this area. The article examines the system of legal acts of Russia and China regulated e-commerce platforms. It is argued that there are provisions aimed to protect the rights of consumers, intra-platform business in China. Also there are rules for resolving disputes arising within the platforms. Chinese authorities support development of cross-border e-commerce at the provincial and municipal levels. Therefore, it is concluded that the experience of the PRC can be useful in creating a Russian special law on e-commerce. The reported study was funded by RFBR, project No 21-511-93004 «The rule of law in the digital economy in China and Russia: current state, challenges and future development».

  A Alekseenko

  361-366

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  The issues of improving the legal framework of e-commerce in Uzbekistan in regulation of digitalization of economic relations This paper discusses the issues of improving the legal framework of e-commerce in Uzbekistan. The purpose of the research is study the current regulatory framework in the field of e-commerce, and to develop the recommendations for its improvement in order to strengthen the regulation of the processes of digitalization of economic relations. For this, the author of the paper, based on the study of the current regulatory basis in the field of e-commerce, identified problems and need to improve the legislative framework for e-commerce, and, as a result, gave his proposals and recommendations which should be taken into account when working out the revised draft Law “On E-commerce”.

  Z Ashurov

  366-370

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  Legal regulation of relations of marketplaces with consumers (by the example of “avito”) Modern legal regulation of obligations for the purchase and sale of goods is undergoing significant changes in connection with the development of forms and methods of transactions and the transfer of things, the development of digital technologies. However, sometimes, the actually established social relations are ahead of their legal regulation. This situation can also be observed when selling goods through marketplaces. This article will discuss the features of the participation of the Avito marketplace and its partner bank (Tinkoff Bank) in transactions, as well as some aspects of protecting the rights of buyers and sellers of goods. Also, a comparison was made of the actually developing relations between the marketplace, the partner bank, sellers and buyers with a legally fixed investment structure using investment platforms (crowdfunding).

  A Beleckaya, O Fefelov

  370-377

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  Right & unright in conditions of digitalization of consumer relationships The digitalization of everyday activities poses certain challenges to the law and regulation of social relations, including those arising with the participation of consumers. Within the framework of this article, the goal is to substantiate the fact that in the context of digitalization of public relations, including with the participation of consumers, classical theories of law understanding do not fully contribute to the regulation of actually developing relations, and the integrative theory of law understanding avoids current problems in the field of law enforcement and judicial practices emerging in the digital environment. Also, an attempt was made to formulate special principles for consumer legal relations that allow the most successful consideration of actual issues and disputes involving consumers as a result of their actions in the digital environment.

  V Belov

  377-383

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  Survey of Russian market of investment platform operators The article examines the development of the Russian market of investment platform operators. Based on the results of the analysis of the register of investment platform operators, official internet sites and rules of existent investment platforms growth of number of investment platform operators is demonstrated, prevailing investment methods are stated, correlation between investment method and status of investment platform operator on the security market is revealed. The author demonstrates the variety of spheres of investment platform operators' activity on facilitating the investment.

  A Burova

  383-388

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  Digital technologies and international arbitration The article discusses the development of digitalization of dispute resolution in international commercial arbitration on the example of the leading arbitration centers: the Court of Arbitration of the International Chamber of Commerce (ICC), the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry. Documents accepted by these arbitration centers to ensure online hearings, submission of documents, interviews of witnesses and experts are highlighted. The 2022 advisory document, the Standards Toolkit for Cross-border Paperless Trade, developed by the ICC and the World Trade Organization (WTO), is considered separately. The role of the UN Commission on International Trade Law (UNCITRAL), which, since 1987, has prepared the legal foundation for the implementation of the digitalization of arbitration dispute resolution, is highlighted.

  N Vilkova

  389-397

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  Digital legal clinic as a subject of providing free legal assistance The article is devoted to the issues of creating a digital legal clinic as a subject of providing free legal assistance. In the course of the research, such methods of scientific cognition as analysis, forecasting and the logical method were used. The author concludes that the future of free legal aid is closely connected with the active use of digital technologies and the introduction of digital solutions into the practice of legal advice (for example, the registration of an electronic appeal to the authorities, an electronic statement of claim, the Digital Lawyer project, and others).

  N Vinnik

  397-401

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  Game accounts and the law inheritance The author’s purpose is to study if gaming accounts should be considered as possible objects of inheritance. In general, concrete examples show that the answer to the question is rather negative. In particular, according to the provisions of the user agreements game accounts could not be inherited. However, there are countries where technical means and separate regulation are being created. Those cases show that there is a tendency to establish the possibility of transferring a gaming account by inheritance.

  E Volos

  401-404

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  To the question of the place of digital objects in the system of objects of civil rights (by the materials of the study of the legislation of the eaeu member STATES) The article attempts to determine the legal nature of digital objects that act as objects of civil rights. The results of the study of the legislative experience of the Eurasian economic integration member states, as well as the works of domestic and foreign scientists, made it possible to identify trends in the development of civil legislation at the present stage. The formulated conclusions formed the basis of the author’s concept aimed at determining the place of digital objects in the system of objects of civil rights.

  E Gladkaya

  405-413

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  Digital shares as a legal structure Large-scale digitalization has led to the emergence of new legal structures that require appropriate scientific understanding. The purpose of this scientific research was to raise the question of the features of such a legal structure as digital shares, which are a kind of digital financial assets. The article raises such issues as the legal nature of digital shares, their place in the system of objects of civil rights, the features of the legal regime and regulatory platform, the permissibility/inadmissibility of their identification with non-documentary securities. This article was prepared within the framework of a grant from the President of the Russian Federation for state support of young Russian scientists - candidates of sciences within the framework of the scientific project MK-3863.2022.2 “Statuization of digital financial assets as a new instrument of digital civil turnover: analysis of the current state of Russian legislation and forecasting in the post-coronocrisis”.

  A Zakharkina

  413-418

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  Features of legal support for inheritance of an account posted on social networks This article discusses the possibility and features of inheriting an account in social networks. Currently, the question of what will happen to the user’s account after his death is becoming more and more relevant, the question for heirs is relevant, since the account can store intellectual property objects, as well as be a source of income. This situation is due to the novelty of hereditary legal relations in the digital environment. The main purpose of the study is to determine the legal nature of the social media account and the possibility of inheriting its contents. The study gives the author’s definitions of the digital testament of an account, and concludes that an account in social networks is an object of civil rights. The content of the account in some cases is the result of intellectual activity and a means of generating income, so it can be classified as a digital inheritance, which can pass to heirs by law and will.

  E Kirillova, T Zulfugarzade

  418-427

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