Digital technologies and law

In recent years, such terms as «information society», «digital economy» have become widespread. The formation of the modern information society is associated with the growing role of information in people’s lives and the development of digital technologies. New ways of organizing production processes leave their mark on the development of social and labor relations, in particular, on the regulation of the legal relationship between employees and employers. The emergence of remote forms of employment, the development of electronic accounting and workflow, the implementation of new ways of organizing work using automated task allocation systems leads to the transformation of the personnel management process. The introduction of new digital technologies makes it possible to bring the organization’s personnel work to a higher level, which allows: to optimize personnel policy and work with instructions, regulations, rules for personnel; correctly work with vacancies in the conditions of digital transformation; automate operational work and work with documentation; analyze and visualize data and prepare reports using digital tools. The use of digital technologies in personnel work allows you to adapt to the new challenges of our time and becomes the leading subjective factor in the company’s competitiveness in the market.

In the context of the development of the information network, the growth of the market for non-fungible tokens, museums are faced with the need to be included in the new reality and use additional ways to popularize their museum collection. One of these methods is the reproduction of museum items in NFT format. In this regard, this article aims to analyze the inclusion of museum institutions in digital integration, the reproduction of museum objects in the digital environment and their legal regulation. In this work, methods of analysis, comparison and generalization are used. It is concluded that a museum item in the NFT format is not an intellectual property object, but the result of a digital reproduction of a museum item can be considered within the framework of intellectual property law. The results of this study can be used to conduct further scientific research on this and related issues, including as a theoretical basis for studying the problems of legal regulation of transactions with digital works of art from museum collections.

The purpose of the work is to demonstrate the existence of gaps in the legislation of the Russian Federation on personal data in terms of regulating the profiling of subjects based on personal data related to them. The content of profiling processes is analyzed. As a comparison, the regulation of profiling in the EU General Data Protection Regulation (GDPR) is considered. It is concluded that in Russia, personal data subjects do not have sufficient legal guarantees to protect them during profiling.

The changes in the regulatory system of ensuring the rights to digital results of intellectual activity that occur under the influence of digital technologies were analyzed in the article. New digital objects of intellectual rights and their place among other objects of intellectual property are described; directions of development of the system of formation of rights to the results of intellectual activity (RID) related to digital technologies are described. We can conclude, that a digital transformation forms a social demand for the creation of a segment of digital services as a kind of intellectual property objects and for the search for new ways of legal protection of digital RIDS, for the expansion of the list of protectable intellectual property objects and for the recognition of rights to virtual objects of the digital ecosystem.

The purpose of the theses is to compare patent legislation and patent filing procedures with the EPO and CNIPA offices regarding an invention related to a computer program. The author comes to the conclusion that the recently established close cooperation between these agencies has a positive effect on the number and quality of applications submitted by them, which contributes to the protection and protection of the rights of inventors, developers, owners of inventions related to a computer program.

The purpose of the article is to consider the specifics of copyright formation and development in India. Development of intellectual property rights in India has a dynamic character; the national legislation is undergoing transformation in an effort to ensure the preservation of the balance between the interests of creators and consumers of media products, as well as to bringthe legislative instruments to international standards. Particular qualities of copyright in India are determined with active integration of the country into the world economy and the course on the development of Indian society. The study was carried out within the framework of the initiative research work of the Theory and History of Journalism Department of the RUDN University No. 050737-2-000 “Research of media systems and the media industry in Russia and the world: a scientific and educational component”.

The Internet has become an integral part of the life of a society accustomed to the rapid exchange and access to information. The paper analyzes examples of violations of intellectual property rights and copyright theft, identifies problems associated with the protection of intellectual property in progressive information networks, in particular on the Internet. Based on the results of the study, ways of solving increasingly emerging problems for copyright holders of unique ideas are proposed, directions for improving the current legislation in the field of intellectual property are identified.

Currently, there is a sharp increase in the development of automation technologies, digital technologies for wireless access of motor transport. In this area, one of the most important issues is solving issues at the present stage related to both the movement of unmanned vehicles and the development of digital technologies and information transmission, ensuring control, management, as well as obtaining up-to-date information about transport. Specific measures and their regulatory regulation can be traced in some of the main areas identified within the framework of the program for the formation of a decision support system for the implementation of ITS is designed to analyze the current state of the management object, retrospective analysis, development modeling and preparation of decision options with justification, which leads to decision support by managers at the at all levels in the organizational structure of ITS, from linear management to strategic management of the transport industry. A reliable system of ITS legal support is needed, which should include the following modules: an intellectual law module, an expert assessment of a legal experiment for one or several problem areas (optional); an integrated regulatory module for each type of security. Within the framework of this component of the program, the industry regulation in ITS areas should be formed, which is necessary for the development of the digital economy in terms of regulating legal relations in the field of robotics and the use of artificial intelligence technologies in the field of unmanned transport.

The article discusses the experience of applying legal technologies in the field of intellectual property at several levels. The experience of the World Intellectual Property Organization is analyzed; experience of individual foreign countries; domestic experience. In addition, the article proves that the combination of the latest technologies with traditional laws allows creating a new qualitative level of intellectual property protection. The experience of applying legal technologies by both commercial organizations and government bodies is considered.

The purpose of this study is to solve the problem of recognizing the ability of artificial intelligence to be recognized as the subject of a crime. The author considers the history of this issue and attempts to study the identified problem from the point of view of the prospects for endowing artificial intelligence with legal personality, from the point of view of the theory of causality and from the point of view of the goals of punishment. The author concluded that the main obstacle to such a step is the inconsistency of possible penalties against artificial intelligence with the goals of punishment specified in Art. 43 of the Criminal Code of the Russian Federation, since it is impossible to recognize the freedom of moral choice for artificial intelligence, and the list of existing punishments, due to their punitive nature, is not applicable to artificial intelligence.

The article attempts to present a general picture in a rather narrow area: the valuation of intellectual property (IP) and intangible assets (IA) when structuring transactions for the purchase and sale of online projects. There are 4 main problems that the author regularly faces in practice, examples from judicial practice are given. The lack of terminological uniformity and insufficient regulatory and legal regulation of the IPO and IA that have become familiar to business are the most pressing issues that require prompt response and settlement by the state.

The purpose of the study is to diagnose the latest intellectual property objects in the creative industries of the digital economy, their regulation. The paper highlights the latest intellectual property objects based on information and communication technologies in creative industries in the context of the development of the digital economy, reveals the need for the formation (clarification) of the conceptual apparatus of these intellectual property objects of creative industries for the formation of an e-model of a higher educational institution.

Digital technologies have opened up new perspectives, freeing a person from the limitations of reality, allowing him to create an identity for his personal development. Thus, technological advances have increased a person’s ability to change his personality in the virtual space, form a digital profile, digital personality, etc. The article discusses the legal aspects of a digital person and a digital personality. At the same time, special attention is paid to the issues of digital identity, considered as a part (continuation) of individual identity, the problem of digital identification and the means of its legal protection and protection, which are constantly evolving.

The article offers an analysis of digital profiling infrastructure instruments used to provide access of public authorities, other bodies and organizations to the necessary information about the subjects of digital profiling. The purpose of the study is to identify the problems of obtaining access to information about the subjects of digital profiling and to identify the main ways to solve them. In the study of the features of this subject, special attention is paid to the scope of data stored in the system, the subjects of profiling, the scope of data provided, and the obligation to use digital profiling infrastructure when accessing the information about digital profiling subjects. A separate place is given to the problem of the relevance of using the digital profiling system when accessing the necessary information about an individual in the presence of a valid mechanism for consent to the processing of personal data outside of the interaction with state and municipal information systems.

The purpose of the work is to study the problems and prospects of legal regulation of digital profiling in the activities of libraries. The factors that caused the emergence of the digital profile phenomenon and its role in the life of the modem Russian state, society, and individual are studied. The role of the digital profile as a basic element of a person’s digital legal capacity; a set of reliable and up-to-date information about a citizen; the most important means of identification and authentication in the process of providing public, socially significant state and municipal electronic services is stated. The prospects of using the digital profile in the activities of libraries are substantiated. It is concluded that the widespread use of digital profiling in the field of librarianship will not only increase the comfort of the electronic library and information services provided, but also, through the use of end-to-end digital technologies (big data, artificial intelligence), contribute to the qualitative improvement of the process of studying library readers, and, as a result, increase the efficiency of the library performing its functions, in the context of a new digital reality.

Some institutions of information law are still in the process of formation. Categories such as “personal data” and “digital profile of a citizen” have not received due certainty. Acts of civil status presented in digital format are personal data by their legal nature and are uniquely included in the digital profile of a citizen as individualizing and identifying information. The author made an attempt to substantiate the importance and necessity of legislative consolidation of new legal categories and their official definition.

The purpose of the study is digital profiling as a direction of activity in the public sphere. The author notes the insufficiency of legal regulators for the introduction of a digital profile and notes the need for legislative consolidation of the definitive apparatus and principles of legal profiling. From the author’s point of view, a digital profile is an information resource generated in real time on the basis of socially significant information for the implementation of a person’s digital legal personality. Consideration of the digital profile from the position of an information resource will allow implementing this category as an element of an information system and differentiating the digital profile into different types according to the owner of the information resource, as well as covering information resources of both public and commercial information systems in the field of legal regulation. Technologies of public digital profiling are singled out independently, and a legislative consolidation of a number of principles is proposed for the implementation of these technologies, taking into account the specifics of digital transformations.

The report examines the issues related to the use of experimental legal regimes of innovation in the field of transport. The author emphasizes the distinctive features of the very concept of “experimental legal regime”. As the main problem of its application is seen as a territorial limitation, which does not allow in some types of activity to fully adapt the legal regulation of digital innovation in the general system of legal regulation.

The article is devoted to the study of the features of experimental legal regimes in the creation of digital innovations (regulatory sandboxes). Justified why it is experimental legal regimes can be one of the foundations for the formation of the law of the future. Based on the formal legal comparative legal analysis of Russian and foreign legislation in the field of experimental legal regimes of digital innovation creation, as well as experience of their application, the author identified a number of shortcomings of Russian and foreign models of experimental legal regimes related to the possibility of human rights violations during the experiments. It is noted that violations of human rights such as the rights to life, health, inviolability of property, and protection of personal data in conducting experiments can undermine public confidence in this tool and reduce its effectiveness. A number of measures aimed at eliminating the identified deficiencies and improving the current legislation on experimental legal regimes are proposed.

The legal regulation of this sphere in the domestic legislation seems to be in an unsatisfactory state at the moment. There is no normative conceptual apparatus, the plans of the Government and the Bank of Russia in this area have yet to be implemented. But it is already obvious that regulators recognize the risks that the uncontrolled spread of banking ecosystems with the inclusion of a wide range of non-banking services in them and, as a result, the monopolization of financial markets, the displacement of “small” players from there. The above allows us to come to the conclusion about the relevance of the study of the legal regulation of banking ecosystems in the field of public relations.

The purpose of the study is to identify the current problems of special and experimental regimes in the Russian Federation and to propose ways to solve them, as well as to consider the trends of experimental regimes in the world, to analyze its effectiveness in the field of digital innovation. The main feature of the article is that it presents specific examples of territories where experimental regimes and technologies are applied in the Russian Federation, to which they apply.

In modern conditions, the use of scientific achievements (new technologies and products) and, as a result, their timely legislative regulation is of great importance for the state and society. The optimal tool in this activity is the use of “legal sandboxes” (experimental legal regimes), which allow testing the use and legal regulation of new technologies and products. In our country, the possibility of using “legal sandboxes” by representatives of society appeared only in 2021 with the adoption and entry into force of the Federal Law of July 31, 2020 No. 258-FZ “On experimental legal regimes in the field of digital innovation in the Russian Federation”. This law is an innovative and “huge step” in the framework of the legal regulation of digital technologies, however, it has a certain number of controversial and unregulated points, which are discussed in this article.

Undoubtedly, labor relations are based on constitutionally enshrined human labor rights, the possibility of working in a particular field, as well as the possibility of entering into labor relations at one’s discretion, labor freedom also consists in the right, the opportunity to choose an independently obtained specialty, profession, place of work. Among other things, an employment contract can act as a legal fact, which is the most important circumstance on the basis of which the very emergence and dynamics of labor relations occur. Another function of the employment contract is to fulfill the role of the legal form of labor organization in institutions, organizations. Today, various types of interaction between an employee and an employer on the conclusion, modification and termination of employment contracts are available, from paper to electronic.

This article is devoted to the analysis of the main directions of public-legal management impact on the sphere of labor in the digital economy. The author believes that the introduction of electronic document management in the field of labor relations, the use of digital technologies in the economy, the solution of related problems is primarily a state task, directly related to the management of the labor market and the rational use of labor resources. Its correct solution will help to simplify and unify the registration of labor relations, will contribute to the effective resolution of labor disputes, the implementation of measures for control (supervision) in the field of labor and employment. In the currently chosen direction of development of labor legislation, it is necessary to improve the list of the most significant documents in the field of registration of labor relations, the formation of modern standard forms of such documents and / or programs for their compilation.

In the context of sanctions pressure on Russia, the issues of import substitution in the field of digital technologies are being updated. There is a shortage of relevant highly qualified specialists in the country. The government is taking certain measures in this direction, but they do not solve all the problems. Attracting the necessary specialists from abroad on a remote basis could improve the situation. But this is hindered by certain unresolved problems of the labor legislation of the Russian Federation. Separate directions of its improvement are considered in the proposed article.

The purpose of this study is to formulate the problems of legal regulation of medical examinations of workers associated with the movement of transport, using digital technologies. Given the trend towards the widespread introduction of digital technologies, the legislator should consider the advisability of conducting medical examinations «in a remote format» only after prior consultations with specialists in the field of transport and healthcare. The need to change the criteries for assessing the state of health of transport workers has been identified, since the currently available individual indicators of the state of health, as well as the need to assess the presence of an impact on an employee of a psychotraumatic factor, can be determined and established only in the process of personal contact with a doctor. It is necessary to eliminate the contradiction between the norms of labor legislation and legislation on the protection of the health of citizens, since the latter currently allows remote examinations only as repeated consultations with the attending physician.

Based on the dialectical method, the article analyzes the challenges of digitalization for the future of the labor sphere, taking into account the report “Working for a better future” published in 2019 by the Global Commission of the International Labor Organization. The article discusses the impact of the digital economy on employment, social and legal protection of employees, granting the right to lifelong professional training, etc. The author analyzes the strategy of a fair transition to the digital economy based on compliance with the principles of tripartism, social dialogue and consultations with stakeholders on the use and impact of digital technologies on labor relations.

This article explores the features of remote work in the Russian Federation, its types, advantages and disadvantages. Persons performing their labor duties remotely have the same rights and obligations as their stationary colleagues acting in the office. But there are a number of features associated with document management, labor protection, payroll and other payments. The organization of control over remote workers depends on the specifics of the occupation and the size of the company. The prerequisites for the transition to remote work are considered. Identified some problems of working remotely.

This article presents an opinion on the changes in the subject of Russian labor law that are taking place in practice and in legislation. Many transformations are associated with the rapid development of digital technologies. There is a tendency to expand the range of subjects to which the effect of labor legislation should be extended. This applies to self-employed persons and citizens who carry out their work with atypical, in particular platform, employment. The problems of substitution of civil labor relations, legal regulation of the work of convicted persons and the legal nature of the work of state and municipal employees, the resolution of which affects the formation of a new subject of labor law, are also raised. The author concludes that there is an obvious modification of the subject of modern labor law in Russia, the expansion of the limits of which will have to be determined by the legislator.

The digital age is the era of the rapid development of the information society in conditions of the highest degree of uncertainty. The resources of the material order are losing their significance, the role of information is increasing. A new reality is built on algorithms and interaction. There are a lot of algorithmic procedures and interactions in the world of work, so the impact of technology on this area, due to its special priority, should not be ignored. In order to see how technologies change and could change procedures in the sphere of labor, some moments of the latest innovations in labor legislation are analyzed. An attempt was made to define the concept of «labor legal procedure».

New communication and information technologies are one of the driving forces of economic progress and employment, in particular the development of e-commerce and remote work. They have also revolutionized work life by changing work systems and methods, production processes, working conditions, and labor relations in organizations, thereby challenging traditional work organization methods that are no longer adaptable. The purpose of this article is to study the problem of the impact of digitalization on labor relations and labor legislation, special attention is paid to changes in the structure of employment. The issue of the need to amend the Labor Code of the Russian Federation and other regulatory legal acts containing labor standards, considering the requirements of innovations, is being investigated.

The article examines the issues of local rule-making of the employer and their impact on the image of a conscientious employer in the context of digitalization. The article considers the system of local regulations of the employer, among which special attention is paid to the study of mandatory local regulations introduced after January 1, 2021, the appearance of which they are obliged to, including the digitalization of labor and the economy. These include mandatory local regulations governing remote work, the implementation and maintenance of electronic personnel records, labor protection and the processing and protection of personal data of employees. One of the conclusions made by the author is that a properly built system of local regulations is one of the most popular and useful tools that can help an employer effectively manage an organization in the context of digitalization in order to form its image as a conscientious employer.

This article analyzes such a new trend in the development of atypical forms of employment as the platformization of labour relations. Its appearance is due to the widespread digitalization of public relations, which could not but affect labor and directly related relations. The trend of platformization of labour relations is understood as the expansion of the scope of labour of platform workers who perform work through digital platforms, gradually displacing workers in classical labor relations from the labor market. This trend is illustrated by examples from domestic and foreign law, indicating that platform relations are gradually entering the scope of labour law.

The purpose of this study is to analyze the changes taking place in the world of work associated with the development of digital technologies and their spread in practice. The digital transformation of the world of work leads to digital control of employers over the performance of labor duties by employees, to an increase in platform employment and an increase in the level of labor automation, that is, the replacement of human labor by machine labor. These changes result in changes in the labor market: some jobs are eliminated, while working conditions in the remaining ones change, as well as in new jobs being created. The results of the analysis made it possible to draw a conclusion about the necessary adaptation of the law to the ongoing changes in order to ensure the effectiveness of legal regulation in the new conditions. We are talking about amendments, first of all, to labor legislation, in addition, amendments to the constitutional legislation will be required, as well as the creation of new rules of international law through the adoption of relevant conventions of the International Labor Organization.

In his study, the author points out the need to continue the introduction of electronic communication in labor relations, subject to the creation of an appropriate infrastructure for the protection of transmitted information, compliance with the digital rights of the employee and employer. The period of 2020-2022 (pandemic and postpandemic) is analyzed, when the role of accessing digital services in order to protect the health of workers and the employer has increased, and examples are given when earlier, the provisions enshrined in by-laws became the basis for improving the current labor legislation.

This work aims to create a new understanding of the terminological apparatus that is used in scientific research on the legal aspect of non-standard employment, found in ILO (International Labour Organization) documents and in national policy documents. The article examines non-standard employment in the context of processes of digitalization of the Belarusian economy and state. The article then consequently identifies and indicates the problem of terminological uncertainty in relation to the phenomenon under study. The author consistently analyses the well-established term “non-standard forms of employment” for its compliance with the national conceptual and categorical apparatus and concludes that it needs to be clarified. As an intermediate conclusion that has methodological significance, the characteristic features of various manifestations of non-standard employment are indicated, which can and should be taken into account when choosing a generalizing term.