No. 5 (2023)

Articles

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  Labor legislation of Russia: trends, problems and prospects of development in the digital age

  This paper presents the author’s review of trends in changes in Russian labor legislation in connection with the ongoing processes of digitalization in the country. Some novelties, problematic and unresolved by the legislator topical issues and promising directions for further improvement of the Labor Code are noted. It is indicated that the legislation should be finalized in terms of building additional protection of personal data of citizens in the flows of electronic information exchange and with the use of various digital platforms in demand, the establishment of new social guarantees in labor relations, where the resources of the digital environment are being actively introduced. The final conclusion is made about the strengthening of public law principles in domestic labor law and, accordingly, its protective function, as well as the need to expand the limits of public administration in the field of labor in the conditions of its transition «to the figure».

  N Minkina

  307-312

    

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  Web scanner: a vulnerability detection tool to scan a website given its URL Information constitutes a very important asset for people or organizations, therefore, protecting it has become a priority for everyone, unfortunately there is not a unique formula that grantees a complete and total protection to the information. With that in mind, it becomes necessary the use of a software that provides help and facilitates work for the cybersecurity specialists so they can provide the best possible protection of data. Objective: Develop a system that can scan a given URL link of a website, and provide all the necessary information about the site. Methods: From a scientific point of view, the scientific observation, document analysis, survey and interview are considered as methods, giving place to a susceptible proposal to the scientific verification and validation. Results: The implementation of a website that contains a vulnerability detection system (web scanner), which can scan a website given its URL. Conclusions: the implementation of the said system for the security of the information in the University of Sancti Spiritus «Jose Marti' Perez» (UNISS) is valued as a positive support for the security against phishing attacks, in a single repository.

  S Díaz

  6-14

    

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  Wrapper algorithm for multi-instance learning: early results Multi-instance learning is a generalization of supervised learning, where each example is represented by a labeled bag composed by a set of instances. Several multi-instance learning methods transform each bag into a single instance and then apply standard supervised learning methods. This paper presents a new multi-instance learning method that transforms the multi-instance data and is inspired by text mining. The proposed method transforms the multi-instance data into a traditional attributevalue representation by creating a corpus of documents formed by artificial words to reduce the loss of information during the transformation process. In addition, the proposed method was empirically evaluated using nine multi-instance datasets and two learning methods that transform the multi-instance data into a traditional attribute-value representation. The empirical study indicates that, in terms of classification accuracy, the proposed method is competitive with the learning methods used in the comparison.

  L Quintero-Domínguez, J Antón Vargas, S Pérez Madrigal

  14-20

    

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  Digital technology in China’s justice The pandemic in 2020 gave a powerful impetus to the development of digital technologies and the maximum digitalization of all spheres of public life. This continued the trend of growing popularity of online education, e-commerce, online communication, including hosting forums, summits, conferences, meetings, brainstorming sessions storms, digital online meetings. Some researchers believe that the global pandemic has been the catalyst of the new, nascent phenomenon of digital globalization. The court system is not an exemption. This article recognizes the China approach of digitalizing justice.

  Dilixiati Duolikun

  20-26

    

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  Contemporary legal issues on new technologies This article reviews the contemporary legal issues on new technologies. The object of the study is public relations regulated by both international and national law, which include certain actions for the provision of using digital technologies in diplomacy, artificial intelligence in diplomatic service, creating medical data base. In the midst of the ongoing technological revolution, the discussion surrounding the necessity of preserving personal data gains eminence in the field of studying the human genome within the digital realm. This discourse also highlights the crucial goal of preventing any backward movement towards eugenic practices and emphasizes the obligatory adherence to ethical and legal frameworks by sovereign entities.

  E Gulyaeva

  27-38

    

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  Digital environment as an integrative beginning of the development of documental approaches to the postulation of the legal status of the person The article is devoted to the study of key approaches to adequately determining the legal status of an individual, dictated by the nature of the digital transformation process. It examines the influence of the digital transformation process on the nature of postulating the legal status of an individual. This study is based on the works of S. S. Alekseev, A. K. Zharova, I. M. Rassolov, G. L. A. Hart and other authors.

  О Latyshev, М Luisetto, P Latysheva

  39-42

    

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  Formation of the conceptual and categorical apparatus when fixing the legal status of a person in the digital environment The work is devoted to studying the process of formation of a conceptual-categorical apparatus when consolidating the legal status of an individual in the digital environment. The research is carried out in the direction of determining the nature of the influence of the process of formation of the conceptual-categorical apparatus on the nature of consolidating the legal status of an individual in the digital environment. This study is based on the works of I. L. Bachilo, N. A. Vlasenko, N. M. Korkunov and other authors.

  О Latyshev, М Luisetto, P Latysheva

  43-46

    

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  Artificial intelligence and the administration of justice in Cuba In regards to the topic of Artificial Intelligence (Al), one can appreciate that it is no longer part of a distant future that could only be dreamed of by reading science fiction works. In the world, and in Cuba, it is already a tangible and exciting phenomenon that makes its analysis and development necessary to achieve advances in the social and economic life of the country, and thus ultimately achieve an increase in the wellbeing and progress of society. One cannot remain motionless in the face of the constant technological change that influences most human activities. This includes the law, where the application of technology has increased efficiency and effectiveness in very specific areas such as, for example, the fight against fraud and irregularities. Nonetheless, the legal challenges presented by Al are many, and in such diverse areas as personal data protection, equality, legal security, transparency and accountability, among others.

  Mailin Ramos Morales, Yoruanys Suñez Tejera, Rachel Domínguez Suñez

  46-50

    

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  Digital technologies and their impact on the legal landscape The rapid advancement of digital technologies has ushered in an era of unprecedented transformation across various sectors, and the legal domain is no exception. This article delves into the intricate interplay between digital technologies and the field of law. It examines the multifaceted influence of digital technologies on legal processes, jurisprudence, and the administration of justice. Through an exploration of key areas such as electronic evidence, online dispute resolution, data privacy, and the emergence of blockchain technology, this article sheds light on the complex challenges and opportunities presented by the digital era within the legal realm.

  E Pogosyan

  50-52

    

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  Artificial intelligence banned or supported in islamic law? This descriptive scientific article shortly analyzes the intersection of artificial intelligence (Al) and Islamic morality, discussing the potential impact of Al on ethical considerations within the framework of Islamic law. It explores the opportunities and challenges that arise when integrating Al systems in line with Islamic moral values. This article aims to stimulate discussion and guide future research concerning the harmonious integration of Al and Islamic law.

  А Sodikov

  53-60

    

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  Application of digital technologies in international law The article provides information on the impact of digital technologies on international law and international relations. It describes the sectors of the economy that may undergo changes due to digitalization. The influence of the Internet and social media platforms on the norms of international law is revealed.

  S Borsh, Yu Skubiy

  61-69

    

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  Digital technologies for international cooperation in the Middle East This article draws attention to the role and impact of digital technologies in facilitating international cooperation in the Middle East. In today’s globalized world, where electronic communications and information technology permeate various spheres of life, the use of digital technologies is becoming increasingly important in the context of strengthening international, economic, social, legal and cultural ties among Middle Eastern countries. The study is based on the analysis of recent research findings, academic articles, statistical data and official documents related to the application of digital technologies in promoting international cooperation in the Middle East. It also includes an analysis of approaches to compiling a database of organizations in the Middle East to promote cooperation. The work was carried out within the framework of the UrFU Scientific Center of Competence «Diaspora communities in the conditions of transformation of the global political system and world economic relations». The results obtained can be useful for international organizations, governmental structures, business sector and academic community interested in the development of international cooperation in the Middle East using digital technologies.

  A Burnasov

  69-76

    

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  Development of criminal procedural legislation in the field of investigating actions using video conference communications with persons in the territory of foreign states The development of the criminal procedural legislation of the Russian Federation in the issue under study is aimed at expanding the possibilities for conducting investigative actions that are outside the state borders of the state, as well as solving some issues of observing the principle of observing the rights of participants in the criminal process, given the rapid development of information technologies and their introduction into the work of the investigative bodies of Russia.

  N Goncharova, E Dyatlova

  77-80

    

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  Regulation of the internet platforms – new challenges for the BRICS countries Regulating Internet platforms is complex and challenging. Experience shows that often the power of transnational corporations to control Internet platforms may be greater than that of the individual States in cyberspace. After expansion the BRICS gets a unique opportunity to use its power to shape a more equitable world order that takes into account the views of the global South on the regulation of Internet space. As the G7 member states move towards integrated regulation of Internet platforms, which includes such aspects as moderation, algorithms, user rights, transparency of social networks, search and audio-visual services, BRICS States should also make similar efforts to protect the rights of their citizens and sovereignty in cyberspace.

  E Diskin

  81-86

    

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  Some issues of legal regulation of maritime autonomous surface ships navigation The International Maritime Organization (IMO) is the key international organization involved in the development of legal instruments regulating the navigation of maritime autonomous surface ships. Some States interested in navigation integrate new norms into their national legislation and fulfil projects. In the future, some issues should be solved to provide effective and safe navigation: legal terms should be harmonized, some applicable IMO conventions should be amended, new (binding or non-binding) international agreements regulating special issues of navigation should be developed and adopted, the technical difficulties should be overcome, etc.

  E Kienko

  87-92

    

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  Destructional use of information and communication technologies as a factor of complication of international relations The article examines the destructive use of information and communication technologies (ICT) in the focus of international relations. It is noted that in modern conditions of digital transformation of social relations, two models of using ICT are used to complicate international relations: information propaganda and cyber attacks. The position is substantiated, according to which the possibility of considering ICT as the use of force is allowed, which implies a conceptual and legal expansion of the concept of force in international relations. An analysis of the strategic documents of the Russian Federation, the United States and China allows us to conclude that the destructive use of ICT in international relations is considered as an objective factor in their aggravation.

  D Lobach

  92-99

    

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  Legal regime of the supplier, supplier the basic model and user of artificial intelligence applications in the EU according to AI ACT Общественные отношения, складывающиеся по поводу создания и использования приложений искусственного интеллекта нуждаются в правовом регулировании в первую очередь потому, что приложения искусственного интеллекта могут нанести вред (ущерб) жизни, здоровью, имуществу людей и окружающей среде. Справедливое распределение ответственности за такой вред (ущерб) может быть возможно только в случае комплексного правового регулирования прав и обязанностей основных участников жизненного цикла приложений искусственного интеллекта (хотя правовой режим иных участников тоже имеет определенное значение). Первый опыт такого правового регулирования впервые предпринят в ЕС: в 2022-2023 гг. в Европарламент внесены три проекта: регламента (сокращенно именуемый Al Act), директивы об ответственности за искусственного интеллекта, директивы об ответственности за дефектную продукцию. В настоящей работе проанализирован правовой режим поставщика, поставщика базовой модели и пользователя приложений искусственного интеллекта согласно Al Act, который будет установлен в ЕС в случае завершения законодательного процесса принятием регламента.

  E Melnikova

  100-113

    

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  Digital diplomatic art: the role of technology in modern international relations This article examines the influence of digital diplomatic art on modern international relations. She analyzes the evolution of diplomacy in the digital age, including the use of virtual conferences and social networks. The article also explores the role of digital platforms in shaping public opinion and information warfare in international politics. The article puts forward the prospects and challenges facing modern diplomacy in the digital age, and emphasizes the importance of this research for diplomats and researchers in the field of international relations and digital transformation.

  V Polukhina

  114-117

    

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  Right to access to the internet within the framework of first generation rights: international legal aspect The article examines the problems of human rights in the digital age, in particular, the emphasis is on the specifics of implementing the right to access the Internet in the context of first-generation rights through the use of information and telecommunication technologies, which have been rapidly developing in recent times. The author analyzes the international legal and national legislation of some countries that have been at the forefront of securing and regulating the right to Internet access.

  V Romanenko

  118-123

    

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  Agreement in information system The article raises the question of the legal nature of expression of will in the information system and its place in the system of traditional methods of expression of will. A conclusion is made about the qualification of the expression of will in the information system as a direct method of expressing the will and a method of concluding a transaction in writing. Based on the conclusions made, the author makes recommendations for improving the current legislation by eliminating existing gaps in the qualification of concluding a transaction in the information system as an additional requirement for a simple written form of the transaction, establishing general rules of its legal regime and establishing the consequences of its non-compliance.

  E Abramova

  124-128

    

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  Tort liability of a notary in the conditions of digitalization of a notary The article describes the legislative structure of the tort liability of a notary for committing an offence in their activity. Authors analyze the composition of such a civil offense and the application of this composition in the context of the functioning of the notary’s unified information system (UIS) in practice. Authors conclude that in the conditions of the functioning of the notary’s UIS, it is necessary to supplement the construction of the notary’s tort liability with the responsibility of the information system administrator.

  E Agibalova, A Ryjova

  128-133

    

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  Digital technologies and performance of an international contract The article analyzes the activities of the International Chamber of Commerce in developing and offering to business different types of commercial transactions: international sale of goods, construction contracts, distribution, consortium agreement and start-ups. Model contract created on the basis of the experience of practitioners from various countries and jurisdictions, help parties to develop terms and conditions of a particular transaction, saves time and allow to find the most favorable conditions. The article discusses the ICC Uniform Rules for Digital Trade Transactions, which, together with the ICC Model Contract for International Sale and Purchase, represents the first practical experience of a paperless transaction (Digital Trade Transaction (DTT)).

  N Vilkova

  133-140

    

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  Enhanced qualified electronic signature as a form of willing in emergency circumstances: comparative legal analysis The article is devoted to the use of an enhanced qualified electronic signature (EQES) in hereditary legal relations, namely inheritance by will, which examines in detail the form and procedure for making a will in emergency circumstances. The author raises the question of the use of EQES. The author substantiates the need to differentiate the making of a will in emergency circumstances into two categories: 1) making a will in emergency circumstances without using the EOES; 2) making wills in emergency circumstances using the EOES in the presence of witnesses and without the presence of witnesses. Based on the position formed in the doctrine of Russian civil law on the application of the EQES, the author concludes that it is necessary to develop in detail the legal regulation of making wills in emergency circumstances, taking into account modern realities that need to be digitized as a legal institution of a will.

  Z Gasanov

  141-145

    

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  Atement of the problem and ways of solution in the context of harmonization of legal regulation in the territory of the member states of the EAEU In the article, based on doctrinal approaches and recommendations of the Eurasian Economic Commission to determine the legal and economic essence of cryptoassets, as well as the results of a comparative analysis of the legislation of the EAEU member states in the cryptosphere, proposals are developed aimed at harmonizing the legal regulation of crypto-relations in the countries of regional economic integration in order to adequately respond to modern challenges and threats.

  E Gladkaya

  145-159

    

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  Digital transformation of the provision of detective (intestigent) services as the subject of the contract In the realities of today, including in the conditions of comprehensive digitalization of society, the issue of the security of the state, as well as citizens and their property in the information field and cyberspace is becoming particularly acute. At this stage of the development of civil legal relations in the field of investigation, there is no comprehensive study that fully explores the essence of the contract for the provision of detective services as a process of their provision, expressed in a certain type of services as the subject of the contract, which is increasingly concluded in electronic form. To formulate the above-mentioned concept, it is necessary to identify the legal nature of detective (detective) services as the subject of the contract and trace its transformation.

  D Dudkin

  159-164

    

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