Moscow, 3 Bolshoy Trekhsvyatitelsky Pereulok, rooms 420a, 452b
The article deals with the processing of communication secrecy data by information intermediaries that ensure the operation of communication services (telecom operators, internet traffic provider). In recent years, there has been a shift in the role of information intermediaries from a passive-neutral to an active role in relation to communication traffic, which may be accompanied by a restriction of the users’ secrecy of communication. The paper identifies possible conditions for processing communication secrets from the point of view of a risk-based approach and contextual integrity of confidential information.
The paper analyzes modern mechanisms and ways of adapting the principles and norms of Islamic law to the regulation of financial relations. Taking into account the significance of fiqh as a legal doctrine that interprets religious prescriptions to the peculiarities of law enforcement practice, the key features of the institutions of Islamic law in the context of the development of the Islamic model of economy are identified. The object of comparative legal analysis in the paper is the jurisdiction of international financial centers as territories with a special legal regime for conducting business, the legal status of which is fixed in special legal acts, which contributes to the formation of flexible instruments of legal regulation in view of the correlation with the norms of the national legal order. International financial centers are presented as an example of the formation of global legal institutions in Western countries, as well as in countries of South-East Asia and the Middle East. The author argues that Islamic finance as a way to adapt the principles of Islamic law to the regulation of business activities is a mandatory element of the legal environment of international financial centers.
Nowadays the growth of courts’ caseload is usual for most jurisdictions. However, post-socialist countries have extremely high rates of caseload. Authors prove that main reason of such caseload is more ineffectiveness of legal system and court organization as well as unjustified access to justice. This article focuses on the indisputable and small cases in Russian courts. The court system is overloaded as a result of necessity to engage in non-targeted activities. Thus, the judicial system is largely idle to the detriment of its primary purpose.
The article focuses on current revisions to the regulation of remote working in Russia
A broad range of participants brought in their expertise, allowing formulation of a forward-looking research agenda on overtrust and automation biases in robotics and autonomous systems. Key points include the need
for multidisciplinary understandings that are situated in an eco-system perspective, the consideration of adjacent
concepts such as deception and anthropomorphization, a connection to ongoing legal discussions through the topic of liability, and a socially embedded understanding of overtrust in education and literacy matters. The article integrates diverse literature and provides a ground for common understanding for overtrust in the context of HRI.
The history of the 1902-1904 citizens’ congresses [in Russia] is an aid to the study of the main stages the public movement went through on the eve of the First Russian Revolution. The congresses vividly demonstrated that the demands of professionals had transformed into the ideology of constitutional reforms and manifestos of mistrust in the autocracy. Constitutional demands were a symptom of the long pent-up need of educated people to take part in the country’s political life.
The article is dedicated to the problem of legal protection of intellectual property created by artificial intelligence or with its assistance.
The chapter provides semiotic analysis of national flags in Russia in historical perspective and describes legal regulation of the use of flags as state symbols on federal and federal entities’ levels. Contemporary white-blue-red national flag, Soviet red flag and imperial black-yellow-white flag are analyzed in different contexts, as official state symbols and as unofficial symbols of different political movements; the evolution of their meaning with time is shown. Subjects of the Russian Federation also have their flags, which reflect their aspiration for self-identification and sovereignty within the limits of common political identity of the nation. The right to establish their own official symbols is a part of their constitutional status, and they realize this right for the construction of their regional identity within the semiotic space of Russia as a whole.
There is no unity in approaches to the fixation of the legal status and description of flags on the level of federal entities, though main legal rules concerning the use of flags and subordination between the national flag and the flags of federal entities are stipulated by the federal law. Most of regional flags have been created since 1991, because these regions had no status of federal subjects before that. By their visual representation the flags differ depending on the cultural and historic characteristics of the regions. Some of them resemble the regional coat of arms, some of them try to follow the federal model by using bars of different color, some include religious symbols.
Legal regulation of the use of flags includes constitutional standards, statutory standards and also provisions of criminal and administrative law on desecration of flags and on inappropriate use of the national flag, which may humiliate or publicly demonstrate disrespect for it. The judicial practice in application of these standards is, however, confusing, because the provisions lack legal certainty.
The article aims to provide a semiotic interpretation of the sign of the Ecclesiastical Court within the legal framework from temporal and spatial perspectives (case of Russia). The starting point of the research is the idea that the history of the Russian Ecclesiastical Court is inextricably linked to the history of Russian society and secular court. Consideration of the pre-revolutionary ecclesiastical and secular law helps us explore principles of the ecclesiastical proceedings and organization, identify contradictions in understanding modern Ecclesiastical Court. Its sign is not only limited to the legal interpretation. In his novel The Brothers Karamazov, Dostoevsky F. M. gave the sign of the Ecclesiastical Court symbolic meaning and, thus, expanded it beyond the existing legal framework. The Ecclesiastical Court is one of the symbols of Russian spirituality which is reflected in the concept of “Russian soul”. Rational elements of the sign of Ecclesiastical Court as well as its sensual and metaphorical (represented visually in the author’s pictures in this article) components, are analyzed using the category of Truth. Clearly, the Cross is sign-symbol for Christianity. But if applied to the concept of Ecclesiastical Court, the Orthodox Cross becomes a sign-index. As a result, several semantically heterogeneous meanings of the sign of Ecclesiastical Court are revealed and described. The article is published in a special issue: Cultural Heritage, Law & Discourse: A Triadic Dimension in Protection, Regulation & Identity.
The article discusses the characterization of the visualization of (non)visible reality in Crime and Punishment by Fyodor Dostoyevsky. The author suggests that semiotic and legal analysis should be used to understand the meaning of the color code of the novel. Semiotic discourse reduces the ambiguity, uncertainty, and expression of the color code to a conscious, discrete, and conditioned meaning of individual colors. Legal analysis helps to better understand the main idea and other aspects of the novel, encoded in colors. Psychological, personal associations, and symbolic methods are used to reveal direct and indirect meaning of the colors used by Dostoyevsky. The basic characterization of colors proposed by Goethe is employed as a key for color decoding. The article also establishes the correlation of the color code of the novel with the colors of the flags of the Russian Empire and the German Confederation. The message and meaning of the same colors of these national flags are contrasted. The interpretation is complemented by the author’s drawings, which enable to visualize the color code that stores and transmits information about national identity.
Analysis of ways of limiting secrecy of correspondence in Russian judicial practice.
The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective.
This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types—the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe,
and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional
community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law
The issues of determining the subject of the code of ethics of a higher educational institution, identifying its legal characteristics, as well as the particularities of applying this regulator of relations are yet to be studied in Russia. In order to fill the gap in legal knowledge, we have made an attempt, starting with the analysis of the ethics of education in the broad sense, to generalize the Russian and foreign experience in adopting and applying codes of ethics and offer a modern vision of the essence and regulatory function of ethical codes in the practice of educational institutions. The study was conducted using general scientific and special methods of cognition: logical, functional, systemicstructural, methods of generalization, synthesis, induction, and deduction. Certain material conclusions are made based on the sociological research method. The code of ethics of a higher educational institution is a code of conduct for a good faith participant in the educational process. The code is a compromise between different types of ethics: that of a teacher and a student, of a student and an administrative employee. In this regard, the process of discussing specific practical cases and reflection in the code of effective scenarios of interaction between the parties in critical situations are of particular value. In their legal essence, codes of ethics are normative acts, but traditionally they are not regarded as legal acts, as they are adopted by bodies of professional communities and are not often supported by the power of state coercion.