No. 6 (2024)

Articles

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  Legal regulation of quantum communications: information security issues This article is devoted to the analysis of the state and determination of prospects for the legal regulation of quantum communications in order to ensure information security. The importance of regulatory and technical regulation of the quantum communications industry is shown. The necessity of developing national standards to ensure the compatibility of devices manufactured by different manufacturers is justified.

  M Dobrobaba

  11-16

    

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  The legal regime of wireless optical communication channels in the field of quantum communications In 2023, the Government of the Russian Federation approved the Concept of Regulating the quantum Communications industry in the Russian Federation until 2030. Her project was created by a group of experts from the О. E. Kutafin Moscow State Law University (MGUA). This document has no analogues abroad and is part of building a data economy in our country. In pursuance of this document, changes have already been made to the All-Russian Classifier of types of Economic Activity and the All-Russian Classifier of products by type of economic activity. This made it possible to distinguish among other types of information technologies quantum communication equipment, which was divided at the suggestion of the author of the article into quantum cryptography equipment and quantum communication equipment. However, in the process of establishing a legal regime for quantum communication equipment, problems arose related to the use of atmospheric optical communication lines for transmitting a quantum signal, which are not regulated in domestic legislation. The article analyzes the key legal conflicts arising in the process of using this type of communication, as well as suggests ways to overcome them.

  K Evsikov

  16-24

    

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  Experimental legal regimes as a method of regulation of the development of quantum technologies The article analyzes the prospects for the application of experimental legal regimes as a method for the development of quantum technologies. The importance of developing these technologies to ensure the technological sovereignty of the Russian Federation is substantiated, and the existing problems of developing and implementing experimental legal regimes arc analyzed. A set of proposals for improving the current and developing (draft federal laws and decrees of the Government of the Russian Federation) legal regulation of the experimental legal regimes is developed, aimed at ensuring their effective application as a method for regulating the development of quantum technologies.

  A Efremov

  24-27

    

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  The main directions of regulation of quantum technologies In the article, the authors analyze the main directions of regulation of quantum technologies in Russia and in the world. The puipose of the study is to identify the current state of the regulatory legal regulation of quantum technologies in Russia and to develop basic approaches to their regulation in the short and medium term.

  A Minbaleev, O Petrovskaya

  27-29

    

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  Cybersecurity and quantum technologies: risks and threats The article presents the risks and threats to cybersecurity that may arise when using quantum technologies. It considers such aspects as licensing the activities of companies producing quantum equipment, as well as the regulation of quantum cloud services. It considers the problems of post-quantum cryptography and the need to implement it in existing infrastructures. It defines and describes such a phenomenon as «Q-Day», as well as the reasons for its occurrence. It describes the «Collect now, decrypt later» approach and why it is important for quantum law as a basis for legal regulation.

  K Nikolskaya

  30-33

    

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  The influence of quantum communications to ensure the security of information transmission The purpose of this work is to explore the challenges and opportunities in ensuring the security of information transmission through quantum communication. Based on an analysis of scientific publications by leading experts in the field of information law, we analyze the concept and types of quantum technologies within the context of end-to-end digital technology. We note the dual impact of quantum technologies on information security: as a «quantum threat» on the one hand and as a means of achieving a qualitatively higher level of information transmission using quantum and post-quantum cryptography on the other. Based on foreign publications, the essence of the distribution of quantum keys and post-quantum cryptographic algorithms is analyzed. The advantages and risks of using quantum technologies to ensure the security of information transmission are considered. It is concluded that the need to master quantum technologies and create an effective system of their regulatory regulation, including legal, technical and ethical components, is an objective need, without which it is impossible to ensure technological sovereignty and information security of the state. The expediency of developing the concept of personal information security in cyberspace in the future with the inclusion of provisions on protection from the «quantum threat» and practical steps aimed at the formation of «quantum literacy» among a possible larger number of citizens of the Russian Federation is substantiated.

  T Pashnina

  34-39

    

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  Selected aspects of quantum communications development: trusted approach In the context of rapid technological development, innovative solutions and products are being actively created, qualitatively new mechanisms and principles of interaction are being formed. The purpose of this study was to find a conceptual approach to the development and trusted functioning of the quantum communications industry, which is a typical example of the practical implementation of such solutions. An attempt has been made to systematize the relationship between the development of the quantum communications industry and improving the security of the digital environment. According to the results of the study, individual factors of trust are identified, formed by the potential of quantum communication technologies, and proposals for improving industry certification.

  A Khimchenko

  39-44

    

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  Legal support in the eu for periods of achievement of the quantum era The author defines three periods of development of achievements in the field of quantum technologies. Each period has its own organizational and legal support, creating a foundation for stimulating technological progress in the field of quantum technologies and the possibilities of applying the achievements of the quantum era in everyday practice. The first period of the quantum era is defined by the development of concepts, doctrines and strategies that create prerequisites for increasing research in the field of quantum technologies for their further practical implementation. The second stage of the quantum era has been reached in the EU, involving the creation and implementation of the "quantum web" information system. The third stage of the quantum era is the development of the quantum industry through the commercialization of research achievements and the inclusion of innovative products in mass civilian circulation.

  E Kholodnaya

  45-49

    

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  Employees of digital platforms as special subjects of labor law (based on the example of the legislation of the republic of chile) In this article the approach of the legislators of the Republic of Chile to the consolidation of the labor rights of employees of digital platforms is analyzed, it reveals the content of the legal status of these special subjects of labor law. Much attention is also paid to the characterization of the impact of certain norms of the Labor Code of the Republic of Chile on the regulation of the work of employees of digital platforms from 2022 to the present.

  E Batusova

  50-56

    

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  Improving the social protection of citizens while increasing the variability of forms of employment, taking into account the use of digital technologies The purpose of this study is to analyze the variability of employment relations, taking into account the use of digital technologies as a basis for decisionmaking to improve social protection of citizens. Hypothesis: the variability of forms of employment, taking into account the use of digital technologies, is increasing, new combinations of them appear, which complicates the rationing of the formation of social contributions. Confirmation of this hypothesis was obtained on the basis of an analysis of the forms of employment adopted by the International Labour Organization. Based on this, proposals were substantiated to change the approaches to determining insurance premiums. When calculating them, they should not be based on deductions from income received, but on the obligation for each person to form a certain annual amount of contributions for social purposes. This will create an additional tool for reducing the shadow economy and is achievable when using digital technologies.

  T Ivanova

  56-64

    

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  Use of digital technologies by employers in labor relations: prospects for legal regulation Exploring the issues of legal regulation of the use of digital technologies in labor relations, the author emphasizes the imperfection of labor law norms in this matter. As a result, the use of digital technologies is considered when an employer maintains electronic personnel document management, processes personal data of employees in electronic form, as well as in the event of a conflict of norms on labor and civil law regulation of the relations that have arisen. The author proposes to establish the obligation for employers to maintain electronic personnel document management; to consider the employer in good faith until he is included in the register of employers with illegal employment or the register of employers with overdue wages or reaches the risk indicator; to enshrine in the Labor Code of the Russian Federation a clear obligation of the employer to have the employee's consent to the processing of his biometric data when using digital technologies to monitor the process of the employee's implementation of the labor function

  A Sapfirova

  65-70

    

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  Experience of legislative regulation of the application of ai systems in the field of employment relations (based on the example of Brazil and the EU) The article analyzes the recent experience of legislative initiatives to regulate the use of artificial intelligence systems in Brazil and the European Union. The purpose of the article is to compare the experience of legislative developments in the field of using Al systems in the aspect of labor relations and employment in Brazil and the European Union. The article uses a complex of general scientific and special research methods, especially comparative legal, specifically historical and formal legal. Foreign experience in the legal regulation of employment relations in this area may be of interest in the process of developing regulatory legal acts regarding the limits of the use of Al systems in Russia and other CIS and EAEU countries.

  K Tomashevskiy

  71-75

    

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  The impact of artificial intelligence on the work of the head of the organization This article discusses the powers of the head of the organization. There are also various fields of application of artificial intelligence by the head of the organization. The difficulties of using artificial intelligence in the work of the organization by the president of the company are analyzed. The advantages and disadvantages for the implementation of artificial intelligence in the enterprise, both for the heads of the organization and for employees, are established. The normative legal acts regulating the above-mentioned legal relations are analyzed. In conclusion, the author concludes that the use of artificial intelligence by the head of the organization is currently not regulated by the labor legislation of the Russian Federation. There are many questions and problems when using artificial intelligence by the director of a company in regulating labor relations.

  Yu Shishkina

  75-81

    

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  Employee's digital avatar: not yet commonplace, but no longer science fiction With the development of artificial intelligence and metaverse technologies, it becomes possible to create and use digital avatars of employees to participate in meetings, speak in corporate media, communicate with customers and other purposes. In order to pose the problem, the possible consequences and risks of these innovative technologies are investigated from the point of view of labor legislation and legislation on personal data.

  S Shuraleva

  81-84

    

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  The legal regulation problems of the digital technologies using in the medicine The aim ot the work was to study the peculiarities ot civil law regulation of the application of digital technologies in medicine, because the introduction of innovative technologies into medical practice is inevitable. It was determined that the legislative norms regulating these innovative activities were absence. Several codes of ethics are being developed to serve as a basis for the development of a system of legal regulation of digital technologies in healthcare. The process of their development has not yet been finalized and should be carried out with the involvement of experts from the medical community.

  A Finkina, A Bakurov

  85-89

    

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  CRISPR: Patent disputes and licensing issues In 2018, a scientist from the Southern University of Science and Technology in Shenzhen announced that it was the first time in the world that a genome-edited embryo had been implanted into the uterus. The pregnancy resulted in the birth of two healthy twin girls, which was certainly a turning point in genetic science. However, the achievement of these scientific discoveries has puzzled people all over the world along with already known bioethical and legal problems that have not yet been resolved in public order. As an example, we can cite not only legal facts, but also the vector of genetic progress.

  D Borisenko, M Bursov

  90-92

    

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  A single digital healthcare circuit and its role in saving the population In order to improve the efficiency of the healthcare system, medical information systems arc actively developing in the Russian Federation. Currently, the most relevant is a single digital healthcare circuit, which is an ecosystem of information solutions to ensure the continuity of medical care for patients based on new quality standards and digital service. This model provides the national and regional healthcare management system with up-to-date primary data. We believe that this contributes to increasing the availability and quality of medical care for the population in the Russian healthcare system, aimed at saving the population.

  T Timofeeva, V Timofeev

  107-112

    

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  Selected issues of legal regulation of the use of systems with artificial intelligence in medicine The article is dedicated to the investigation of legal regulation concerning the use of artificial intelligence technologies in medicine. Special attention is given to issues of civil liability in the considered domain, imitation of cognitive function. It is noted that Al does not have the attributes of legal personality and no legal relationship arises between a patient and an Al system. In cases where generative Al is used in telemedicine, the patient must be informed about what or whom they are interacting with and have the onnortunitv to communicate with a doctor.

  K Egorov

  92-99

    

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  Liability for damage to the patient's health resulting from the use of medical decision support systems The article examines the problem of distribution of civil liability for harm to a patient's health resulting from the use of diagnostic systems and support for medical decision-making in the provision of medical care. The authors come to the conclusion that the use of Al technologies, in particular SPPV, in the provision of medical care leads to the need to expand the range of subjects of civil liability to include the company of the technology developer, operator, and in cases of using learning systems - teachers.The issue of distribution of responsibility between the subjects of legal relations of the legal relations under consideration becomes even more complex in the case of the use of high-tech systems operating on the basis of deep machine learning. To a certain extent, the solution to this issue will be facilitated by the differentiation of the subjects of the relationship under consideration and the distribution of responsibilities among them to minimize the risk of harm to the patient.

  O Erakhtina

  99-102

    

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  The role of training of qualified medical personnel in the period of digital transformation of healthcare The article summarizes the data on the best health care in the world according to the version of the Numbeo service in 2024 in Taiwan (86.43 points), and from European states - in 4th place in France (80.18) with the digital transformation of health care previously carried out there. An important role in this is played by highly qualified trained medical personnel with compulsory internship in leading medical universities. "Digital departments" in medical universities arc aimed at training such personnel, but in the Russian Federation there are few of them, and half of medical students do not feel the desire to receive additional education in IT technologies.

  A Pozdeev

  103-106

    

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  Legal regulation of digital technologies in healthcare The main task of modem information technologies is to combine all processes into a single systematized information field. Telemedicine technologies are continuously expanding, which requires proper legal regulation, since its extensive application leads to a large number of new regulatory gaps. Information on the Internet is becoming more and more accessible, which also requires improving existing mechanisms for protecting confidential patient data.

  I Shey

  113-119

    

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  rental of an unmanned vehicle The purpose of the study is justify and propose legal regulation for a new type of lease agreement rent - an unmanned vehicle. The author suggests introducing additional responsibilities for the parties to agreement, the introduction of responsibility regardless of guilt when using artificial intelligence and offers the author's definition of an unmanned vehicle lease agreement.

  E Abramova

  120-126

    

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  Digital transformation in the field of providing transport services at the present stage: legal basis and legislative approaches This paper analyzes the role of the use of digital projects and the need for digital platforms in the Republic of Belarus and integration associations with its participation. The peculiarity of the article is to substantiate the need for unified approaches to the legal regulation of the Russian Federation within the framework of the successful functioning of the Union State, connection with the creation and operation of intelligent transport systems, determining the main directions for improving legal norms and legislative acts in light of the need to ensure national and regional security in the territory of the Eurasian space and the Union State.

  O Khotko

  126-133

    

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  Safety of unmanned cabs - technology and law The presented article reveals the actual problem of ensuring (technological and legal) safety of operation of an unmanned taxi as a new modern breakthrough digital technology. Statistical data are analyzed, the problem of bringing to justice for causing harm by these vehicles is considered. A critical assessment of the main provisions of the draft Law on highly Automated Vehicles is given, theoretical and applied conclusions are drawn based on the results of the study.

  V Chebotarev

  134-137

    

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  Digital transformation of family law relations: legal aspects and information security issues This article is dedicated to the examination of legal aspects and information security issues in the context of the digital transformation of family law relations. The authors analyze the impact of digital technologies on traditional family and marriage institutions and explore the process of digitizing government services in the area of civil status registration. Special attention is given to ensuring a balance between innovative solutions and the preservation of traditional values, as well as the challenges of protecting citizens' personal data in the context of a developing digital society. The article discusses potential risks associated with the implementation of digital technologies in the field of family law and suggests measures to enhance information security and digital literacy among the population. The authors emphasize the need for a comprehensive approach to the digital transformation of the social sphere, taking into account technological, legal, and social aspects.

  E Selezneva

  138-152

    

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