he article reveals a number of aspects of digital fiancial assets in the form of cryptocurrencies as a subject of legal regulation taking into account the mechanism of cryptocurrency formation and peculiarities of its use in economic activity. The analysis of approaches of public authorities of the Russian Federation to cryptocurrency as a means of payment. An analogy between cryptocurrency and “classical” money is presented, taking into account the specifi properties of cryptocurrency as a specifiinformation technology aimed at solving a practical mathematical problem. The analysis of a number of Russian bills aimed at the legal regulation of digital rights and digital fiancial assets, which will legalize the use of cryptocurrencies in our country.
This study concerns the use of crypto-currency with specific reference to the situation in Russia. A variety of such systems exist; Bitcoin, however, is perhaps the best-known example and will be used as synonymous with the concept throughout this article. Our findings not only show how the views of Russian government bodies are formed and developed, but also sheds light on the specific innovative methods which legal entities use for development of the economy. Consideration will be given to recent developments within Russia which has been more active than many countries in seeking to clarify the status of Bitcoin and providing for the regulation of the technology.
The article reviews the problems of using an electronic document (i.e. legally significant computer information) as a necessary tool for building a digital economy. This problem becomes of special importance in terms of implementation of distributed computing in the interests ofmodern technologies, including Big Data,Artificial Intelligence, Blockchain, Industry 4.0,Industrial Internetof Things,Virtual and Augmented Reality technologies, etc. The authors showthat in case of development and adoption ofthe Law "On Electronic Document", we can link the concepts of "Electronic Document" and "Data Message", and can identify several categories of Computer Information (Electronic data interchange) having asignificance: specified Computer data, traffic data, stored Computer data, traffic data,content data.
The article reviews the problems of using an electronic document (i.e. legally significant computer information) as a necessary tool for building a digital economy. This problem becomes of special importance in terms of implementation of distributed computing in the interests of modern technologies, including Big Data, Artificial Intelligence, Blockchain, Industry 4.0, Industrial Internet of Things, Virtual and Augmented Reality technologies, etc. The authors show that in case of development and adoption of the Law "On Electronic Document", we can link the concepts of "Electronic Document" and "Data Message", and can identify several categories of Computer Information (Electronic data interchange) having a significance: specified Computer data, traffic data, stored Computer data, traffic data, content data.
This article investigates the problem of identifying a person on the Internet by legal and technical means. The practice of identifying people in Russia and the UK was studiedand compared. Russia was selected because its legislation is well known to the authors, and the UK was selected as it has developed a mature system for the online identification of individuals and relationships and a certain legal regulation in this sphere.An analysis of two government programs was made, namely: the UK Identity Assurance Programme of the Government Digital Service and the Russian Government Decree on “The development of the Federal state information system”. In terms of technological background for person’s identification, the practice of using IPv4 and IPv6 was explored. Russia's specific problems are analysed via the protection of privacy in the case of personal identification and the processing of personal data on the Internet. The authorsdraw conclusions about the division of the concepts of identification and individualization of people on the Internet. Weintroduceourown definition of personal identification on the Internet and proposean amendment to the Russian concept of personal data: the definition of personal data should include the IP address of a person.
Aimed at raising the effectiveness of the judicial system and budget expenditure, this article views it through the Queue Theory, which allows solving a non-trivial task of determining the system’s type and key parameters.
The Russian judicial system is a complex network of queuing systems with a discretionary number of service centers (judges), each being a queuing system itself. It simultaneously includes multi-channel and single-channel queuing systems, is stochastic, non-linear and open. The demand flow is heterogeneous, without consequences or losses and has different priority classes (absolute or relative priority). It may be described as stochastic with an uneven intensity and dynamic prioritization.
This article defines three parameters of the conceptual judiciary model: structural, stress and functional. It also points to the problems of the judicial system viewed as a mathematical model, which must be addressed by the rational disciplines of buffering and service.
Proposals of the Supreme Court of the Russian Federation on the synchronization of the system of courts of general jurisdiction and the system of commercial courts and their rules of procedure may lead to the curtailing of the basic principles of fair trial, as well as the loss of public confidence in government institutions and bodies of justice. The key provisions of this legislative initiative are: cessation of the duty of the judge (the court) to provide reasoned judicial decisions and establishment of the categories of cases on which the reasoned judgment is mandatory. This approach is being reviewed by the author and the explanation is given as to how this legislative initiative comes into conflict with the universally recognized principles of international law. The author suggests a complete rejection of the initiatives that do not meet the interests of justice or the public, as well as restoration of the courts’ (the judge’s) duty to provide reasoned judgments at all levels (or instances).
In our research, questions about the legitimacy of using information that was posted publicly explored the features of the use of open licenses and other agreements for the to provide open content for e-learning in Russia. It was shown that the universities (in Germany, Russia, the United Kingdom, the United States, and France) considered the right to use the results of intellectual activity that was created by their employees in different ways. Emphasis is placed on the practice in Russia.
The use of cloud computing to ensure interaction between the state and citizens allows to speed up information interaction, to realize state services, to reduce the costs of providing such interaction, but at the same time this interaction raises important questions about the reliability of the cloud provider and security of interaction. Providers of the cloud can be both public authorities and private organizations. In the event that the cloud provider is a government agency, it can be assumed that all the requirements for security will be met. However, if the cloud provider is a private person, then we cannot be sure of security, if these requirements for security are not mandatory. It should be noted that Russian legislation does not require the mandatory application of information security standards. In this regard, the security of stored information in the clouds and its legislative support, the responsibility of providers providing cloud access services are very significant for the use of this technology in Russia.
The article discusses the possibility of providing students with confidential information for e-learning. We have examined the legal regulation of the regime of trade secrets. There were shown the technical methods of protection and accountability for violations. The paper concluded that the need to adopt a number of legal norms, which specify the procedure for the use of confidential information in e-learning environment.
This article examines the impact of Big Data technology on Russian citizens' constitutional rights to a private life. There are several laws in the Russian Federation covering data privacy and protection, but these are proving inadequate to protect the citizens' rights in the face of the ever-increasing use of massive data sets and their analysis by Big Data tools. One particular problem in this regard is that datasets of anonymised records currently not covered under personal data laws (because they do not identify individuals) can, in fact, be used to identify data subjects (the individuals to whom the data refers) when combined and analysed using Big Data tools. Furthermore, existing sanctions for misuse of personal data are minor, and often fail to act as a deterrent when the commercial benefits of exploiting user data (e.g. through targeted advertising) are so much greater. From the point of view of companies handling Big Data, a general confusion over definitions and responsibilities is making compliance with the law difficult, leaving most to come up with their own forms of best practice, rather than being able to follow clear industry recommendations. The article examines existing laws and oversight bodies, discusses how the current provisions are inadequate to deal with new developments in Big Data, and proposes recommendations for amending and updating existing laws and policies.
Despite the fact that the Institution of the Protection of Confidential Information in the Russian Federation has existed since the middle of the 20th century, since the time when in the Constitution of the USSR was established a rule on the right of citizens to confidential information, the issue of the correlation of personal data with the private life of a person is still relevant and until now.
The article analyses the issue of what kind of information attributed to personal data can constitute the private life of a person and what are legal procedures should be applied to ensure the protection of these legal institutions, given that the private life of a person is protected by criminal law, and the private life of persons is protected by the rules of civil law. What norms the law enforcer should be guided, at such a crossing of the two legal institutions. The problem of an integrated approach to the protection of personal data is considered, both from the point of view of private law and from the point of view of public law. The approaches of Russian and American legislation are compared, in the field of personal data protection and private life of a person.
As conclusions, it was proposed to: to increase existing administrative fines. At the moment, the amount of fines does not create incentives for companies to take all possible measures to protect personal data, because the risks are outweighed by the potential profit; to use of ISO standards for personal data operators and other private companies.
The scientific research focuses on the pressing issue of an implementation of the rule of law and justice accessibility in Russia as a legal state. The core of the research is formed by a comparative study of the issues and objectives of the 1991 Concept of Judicial Reform of Russian Federation and the results of changes in procedural and judicial system legislation during the last 25 years. A comparison is also made between the standards of public services of legal dispute resolution provided by a public legislative authority and the standards of general public services by a public agency and local self-government body and the standards of a fair trial. Comparison is made not only by the level of legal guarantees for public service customers, but also by the dynamics of Russia’s process of becoming a legal state through the implementation of its judicial reform. Procedural legislation is assessed for comprehensiveness of legal provisions of judicial procedures: the order and conditions of a public service; consistency of norms, transparency of the court activities, the provision of safeguards against judicial arbitrariness and red tape, the mechanisms of efficiency enhancement and communication with the court, the compensation for the violation of the fair trial rights in civil, commercial, administrative and criminal proceedings. The court accessibility is assessed for compliance with procedural aspects of the fair trial concept: the conditions of application for the public service, the legal recourse procedures and eligibility terms, terms and size of an official fee, the possibility of fee deferral and exemption, convenience of a public fee calculation, rules of the appeal procedure. Judicial legislation is analyzed in relationship to the principles of transparency and independence of a fair trial concept in the institutional aspect. This scientific study focuses on a transfer of judiciary public services into an electronic sphere, the interaction between the courts and the interaction between courts and the executive bodies: it identifies problems and suggests possible solutions. The work assesses an effectiveness of an implementation of the 1991 Concept of Judicial Reform of Russian Federation and the targeted Federal Programs for the Development of the Judiciary, and their compatibility with the concept of sustainable development in the judicial system. The results of this scientific research have practical value, both for Russian national system and foreign countries seeking to promote the rule of law and court accessibility in the context of the UN sustainable development concept.