No. 2 (2024)

Articles

• 

  The novelization of russian legislation on notaries in the context of digitalization This research work is devoted to the novelization of the legislation of the Russian Federation on notaries in the context of digitalization. The issues correlated with the legal status of notaries and persons authorized to perform notarial acts in accordance with new changes in the regulatory framework governing the status of a notary are covered. The study presents doctrinal considerations presents doctrinal considerations regarding the stated topic, highlights the positive and negative properties of innovations that have befallen the field of activity under consideration. Along with this, the work contains a prediction of the position of notaries in the digital future.

  E Agibalova, V Kirsanov

  10-21

  0   0

  • Read
• 

  Civil law relations between participants of the fast payment system and consumers of settlement services In article conclusion, the author comes to the conclusion that, in terms of its subject composition, the group of consuming participants is as close as possible to the category of any other banking clients.

  D Boul

  26-30

  0   0

  • Read
• 

  Legal overview of obligations in the digital environment The article criteria for obligation in the digital environment are considered and conclusions are formulated about the possibility of identifying the properties of obligation: reciprocity, conditionality, potestativeness. A special element is highlighted in relation to obligations in the digital environment.

  R Adelshin

  21-25

  0   0

  • Read
• 

  Digitization of foreign trade operations: results and prospects The article analyzes the digitalization of the most important documents used to formalize foreign trade activities: shipping documents, payment documents, export-import clearance documents, including licenses and customs clearance. The acceptance of the developed digital documents by business circles and banks will increase their use in circulation. The article discusses the April 2024 document “Digital Standards Analysis and Recommendations-An Integrated Framework for Digitalization of the Entire Supply Chain. Key Trade Documents and Data Elements, prepared by the International Chamber of Commerce's new Digital Trade Standards Initiative, created in 2020, highlights standardized documents that could be used to replace paper documents, standardized documents.

  N Vilkova

  30-40

  0   0

  • Read
• 

  Inheritance of digital financial assets The article analyzes the prospects for the transfer of digital financial assets by inheritance. The process of transferring digital rights within the framework of inheritance procedures is being considered. The importance of creating a unified information system that unites the notary who manages the inheritance process and the operators involved in the issuance of digital financial assets is emphasized. The notary, being a participant in this system, receives the necessary powers after opening the inheritance. Subsequently, the heir, based on the certificate of inheritance obtained from a notary, acquires the ability to dispose of these digital financial assets.

  Z Gasanov

  40-44

  0   0

  • Read
• 

  Specifics of the issue of digital financial asset shares upon non-public joint-stock company in russian federation The shareholder rights certified by the DFA and their scope are established by the resolution on issue and represent digital rights belonging to the category of property rights. These rights are not a new type of rights, and the whole peculiarity is contained in the method of fixation - on the basis of blockchain. The issuance of shares in the form of DFAs has a number of peculiarities.

  Yu Ershova, T Lyapkina

  47-51

  0   0

  • Read
• 

  The use of digital technologies in the process providing detective (detective) services: a civil approach The article examines the civil approach of using digital technologies in the process of providing detective services, and draws conclusions and suggestions.

  D Dudkin

  44-47

  0   0

  • Read
• 

  The principle of procedural economy in sending letters rogatory abroad The aim of the article is to analyze procedural economy in the context of international civil procedure and its influence on the optimization of court procedures. The author considers the application of the principle of procedural economy in the judicial practice of the Russian Federation, analyzes its influence on the choice of mechanisms of interaction between the competent authorities of the states when sending foreign letters rogatory and recognition and enforcement of foreign judgments. It is proved that the principle of procedural economy receives a special content in international civil proceedings, changing the traditional rule of correlation of treaties by legal force.

  N Karandasheva

  51-54

  0   0

  • Read
• 

  On the issue of the use of artificial intelligence in standard-setting activities The paper highlights the main stages of rulemaking in which artificial intelligence can be used and defines the principles on which the optimization of law-making activities using Al should be based. The research methods are based on the analysis of a limited number of studies that were selected based on special parameters and comprehensively reviewed, as well as the method of analogy and comparative analysis. Based on the results of the study, the main stages of law-making activity are highlighted, in which the use of artificial intelligence seems justified.

  E Kirillova

  54-59

  0   0

  • Read
• 

  Virtual gaming property as an object of ownership The article examines virtual game property as an object of property rights. The concepts of "virtual game property" analyzed in the article do not provide a clear understanding of what should be understood by such an object. Based on the analysis, the author's opinion is presented on the issue of the concept of this object. In addition, a study was conducted on the emergence of property rights, namely the triad of powers that constitute the right of ownership of the object under study. Considering the analysis, as well as the nature of virtual game property, it is proposed to improve the right of ownership and add a new type to civil legislation such as digital property rights.

  O Lababueva

  59-63

  0   0

  • Read
• 

  Technology agency: a methodology for delegating the production function to an e-agent In the conditions of objectively necessary transformation of social relations as a result of rapid development of technologies, it seems appropriate and necessary to formalise and institutionalise “partnership relations” in various areas of social activity with the participation of electronic agents (carriers of artificial intelligence). The author proposes to enshrine in the legislation a new category of “technological agency” as a methodology of delegating the right to perform certain functions or delegating to the carrier of artificial intelligence functions, rights to objects of ownership or implementation of certain economic activities.

  Yu Lysakovskaya

  64-67

  0   0

  • Read
• 

  Legal data in a civil contract The article focuses on the form of contract in the era of digital technologies. It is proposed to introduce a new concept-legal data. A predefinition of legal data is proposed. The article shows an example of extraction and formalization of legal information into legal data in the context of a contract. The author shows the significance of the new concept in transforming of the understanding of contracts and how they are formulated. The article discusses contradictions with the existing understanding and regulation of contracts are discussed.

  I Mavlekeev

  67-70

  0   0

  • Read
• 

  Legal models in the field of the use of artificial intelligence in the implementation of state regulation The purpose of the study is to identify the main directions and approaches in the formation of legal models in the field of the use of artificial intelligence in the implementation of state regulation. The article analyzes the possible types of state regulation in the context of the formation of the digital economy, identifies the risks and negative consequences associated with the lack of direct interaction or participation of subjects of state regulation in decision-making and their implementation, and formulates some approaches and proposals that can be used in the development of legal models in the field of artificial intelligence.

  N Makarchuk

  71-74

  0   0

  • Read
• 

  The impact of digitalization on the expansion of the role of the entrepreneurial component in the activities of non-profit organizations In the legislation of the Republic of Belarus, the fundamental and system-forming division of the entire multitude of organizations with the status of a legal entity is their distinction into commercial and non-commercial. A noncommercial organization has the right to engage in entrepreneurial activity if it is not prohibited by law and serves as a means to achieve the main socially useful goal, as a result of which such activity can acquire a virtually unlimited volume. Against the backdrop of the rapid pace of digital transformation of the economy and scientific and technological progress, there is an expansion of the role of the entrepreneurial component in the activities of non-commercial organizations, leading to a blurring of the boundaries between their main and auxiliary activities, to the emergence of a situation where a socially useful goal can specifically cover up the goal of making a profit, which, in turn, smooths out the distinctive features of non-commercial organizations, making them essentially very similar to commercial ones.

  S Minich

  74-79

  0   0

  • Read
• 

  Digitalization of mediation and private law relations The subject of this study is the mediation procedure and its online application in private law relations, as well as the prospect of the emergence of a digital mediator in our country. The author of the article concludes that the institution of mediation is limited in a number of civil relations, such as family, labor, civil, commercial and other relations. It is pointed out that the practice of introducing mediation in an online format is being formed, despite the lack of direct legislative regulation of it. Specific problematic and unresolved topical issues on the use of digital mediation are noted by the legislator, including taking into account the opinion of professional mediators based on the results of a sociological survey. The author's view on the need to preserve the profession of mediator and the implementation of mediation assistance in the person of a person, rather than artificial intelligence, is also substantiated.

  N Minkina

  80-87

  0   0

  • Read
• 

  Prospects for the use of digital financial assets for settlements in accordance with the legislation of the russian federation The relevance of studying the topic of legal regulation in the legislation of the Russian Federation in the context of the fact that bitcoin became the eighth most capitalized asset in the world in March 2024, surpassing silver, is enormous. This fact highlights not only the growing importance of cryptocurrencies, but also the need to regulate their use in financial transactions, taking into account Russian legislation: it is necessary to protect the rights of depositors, as well as keep up with global trends in the use of digital assets for settlements.

  A Kiselev, O Novik

  87-93

  0   0

  • Read
• 

  The right to use information about a cultural heritage site: private legal aspect The purpose of the study is to identify the peculiarities of the impact of the volume of information provided to subjects of private law (individuals and legal entities) from the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, including in the form of an electronic document, on the civil rights and obligations of the rightholders of these objects, as well as other subjects. The article substantiates the position on the closed nature of the volume of information provided, as well as their insufficiency, which can directly affect private law relations in the field under study. The conclusion is argued that it is necessary to adjust legislation aimed at increasing the volume of information provided in order to increase the awareness of subjects about the legal facts in relation to cultural heritage objects.

  D Pivnenko

  93-97

  0   0

  • Read
• 

  Patent for an invention created by artificial intelligence With the development of artificial intelligence (Al) technologies and their integration into various areas of human activity, many questions arise related to the legal regulation of results created with the help of AL One of these questions is the legal status of inventions created by Al. In this article, we will consider who can be considered an inventor if the invention was created by Al, and what legal aspects must be considered when patenting such inventions.

  A Ponomarchenko

  97-101

  0   0

  • Read
• 

  Harnessing the potential of artificial intelligence and smart contracts in mortgage lending Mortgage lending as a type of lending involves the interaction of many entities at different stages of the lending process. Using the potential of artificial intelligence and smart contracts allows you to minimize subjectivity in assessing the quality of credit and its security, and reduce the time required to review loan applications. The online author examines the stages of mortgage lending, where the potential of artificial intelligence and smart contracts can be used in order to manage credit risk and ensure the availability of credit for investors. The stages such as the analysis of the loan project, the preparation of credit documentation, and the provision of credit are analyzed. Attention is paid to the problems associated with banks' refusals to issue loans (tranches) with references to the deterioration of the financial condition (Article 821 of the Civil Code of the Russian Federation). The stages of monitoring and control, work with problematic debt are also considered, a list of controlled parameters and events is given, as well as possible algorithms for working with problematic debt using digital technologies

  T Saveleva

  101-113

  0   0

  • Read
• 

  Civil law characteristics of mining as an economic phenomenon in the russian federation The presented work reveals the issues of civil law perception of mining activities in the context of the development of digitalization of entrepreneurial activity and the digital economy. The traditional civil law perception of mining currently needs, among other things, to comprehend the expansion of the sphere of entrepreneurial activity, the formation and development of digital entrepreneurship, as one of the components of the development of a market economy in the digital space.

  K Svarchevskiy, A Sachenko

  114-117

  0   0

  • Read
• 

  On the problems of using artificial intelligence through the prism of civil law The purpose of the conducted scientific research is to characterize the main problems that may arise in practice with the active introduction of artificial intelligence into the life of society, considering the current norms of civil law. The author characterizes the possible directions of using modern artificial intelligence systems and algorithms. Focuses on the possibilities of financial management of losses incurred by victims.

  E Tikhaleva

  126-129

  0   0

  • Read
• 

  Models of legal regulation of cross-border private law relations in the digital space The article analyzes approaches to the legal regulation of cross-border private law relations in the digital space. It is argued that modern regulation of cross-border private law relations arising in cyberspace is carried out through traditional instruments for private international law and is characterized by the presence of a number of problems traditional for private international law. At the same time, the emergence of a "digital element" in cross-border private law relations has led to the search for the most optimal regulation model that meets both the needs of participants in civil turnover and the interests of the state. It is noted that the corresponding models of legal regulation are developed not only at the national, but also at the supranational level, as well as through the efforts of the international community represented by authoritative international institutions and organizations that offer legislators their own legal solutions. In particular, the documents developed and adopted within the framework of the European Union, the CIS, the EAEU, as well as the UN Commission on International Trade Law (UNCITRAL), the International Institute for the Unification of Private Law (UNIDROIT) are analyzed.

  O Sergeeva

  117-126

  0   0

  • Read
• 

  Moral-volitional dilemma for artificial intelligence: legal aspect The introduction of artificial intelligence, the emergence of social relations complicated by artificial intelligence, naturally raises the question of the need to transform law, its basic concepts. The most controversial issue is the concept of morality and will, as applicable to artificial intelligence. The experiment «trolley problem» is indicative for the interpretation of these concepts, it is the basis of the study presented in this article. As a result of the study, the authors conclude that artificial intelligence has the potential to independently solve moral-volitional problems.

  N Usolceva, Yu Usolcev

  140-144

  0   0

  • Read
• 

  Current regulatory issues regulation of the digital currency and its prospects in the domestic civil turnover The article discusses the signs of digital currency and the features of involvement in civil circulation, as well as the relationship of digital currency with traditional objects of civil law. One of the important problems to be resolved is determined - this is the problem of the value of digital currency, its cost. Resolving this issue is extremely important due to the fact that the legislator classifies digital currency as a means of payment or investment. The author draws attention to the fact that the legislator, when defining digital currency, mentions the possibility of considering it as a digital code. However, the digital code itself does not have any property content, since it is not content, but a form - a means of fixing any property right. Thus, the digital code cannot give a value characteristic to the digital currency. The use of general and specific methods of scientific knowledge allowed the author to formulate the following conclusion - in scientific sources, comparing digital currency and cryptocurrency, researchers point to such a difference as the decentralization of cryptocurrency and the centralization of digital currency. We can partly agree with this, given that the Russian legislator takes a broader approach to the technological basis of digital currency, it cannot be argued that it is impossible for any technology used to issue digital currency to have this property.

  A Tumakov

  130-134

  0   0

  • Read
• 

  Digitalization of corporate organizations' activities through the prism of the latest novelties of the Russian legislation mediating the holding of general meetings in business companies The purpose of this article is to analyze recent changes in Russian corporate law directly aimed at “digitalization” of legal relations in business companies. Digital technologies are transforming corporate law, increasing the efficiency of corporate governance and improving interaction between shareholders (participants) of business entities. In accordance with the amendments of August 2024, domestic legislation introduces norms that mediate the holding of general meetings in business companies in a remote format, which significantly simplifies and accelerates corporate decision-making. The possibility of online participation and mandatory storage of meeting records ensure transparency and openness of corporate processes. The use of remote technologies reduces operational and promotes the involvement of all shareholders (participants), including minority shareholders, in the activities of the corporation. This enhances the transparency and fairness of corporate governance, making digital technologies an important element of the modern practice of regulating corporate legal relations and exercising corporate rights and obligations.

  S Umrikhin

  135-139

  0   0

  • Read