scholarly journals Transformation of the Institute of the Source of Increased Danger in the Information and Digital Era

Legal Concept ◽  
2019 ◽  
pp. 35-39
Author(s):  
Sophia Deryugina
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Digital Era ◽  
Scientific Analysis ◽  
Actual Use ◽  
General Scientific ◽  
The Subject ◽  
Contractual Obligations ◽  
The Impact ◽  
General Method

Introduction: the development of the latest information and telecommunication technologies used in the civil law sphere transforms the understanding and application of tort liability for damage caused by a source of increased danger. The identified mechanism requires a scientific analysis to determine the essential changes in the institution of a source of increased danger. The implementation of activities related to the sources of increased danger implies the presence of a threat of harm to the subjects of law. To ensure the greatest protection of subjects, digital technologies are used. The purpose of the study: to determine the characteristics of the concept “owner of a source of increased danger”, to consider the impact of digital technologies on the institution of a source of increased danger. Methods: general method; general scientific method (logical (induction, deduction, analysis, synthesis), system); private law (formal legal, comparative legal). Results: the content of the concept “owner of the source of increased danger”is revealed. The problem of lack of transparency of information about the owner of the vehicle, its causes and consequences is raised. Considered the actual use of digital technologies today in this area and proposed ways to develop the protection of subjects of law from the possibility of illegal actions. Conclusions: the characteristics of the basic concept of “owner of a source of increased danger” are defined, the influence of digital technologies on the institution of a source of increased danger is considered. It is revealed that the identification of the concepts “owner of the source of increased danger” and “owner of the property” can lead to a mixture of proprietary relations and non-contractual obligations, requiring their specific legal regulation. The analysis of the new electronic title is carried out, as well as the further prospects of its development are revealed. The approximate list of data necessary for safety of the subject which enters the legal relationship connected with use by the vehicle is specified.

scholarly journals Due and specific performance of contractual obligations under Russian law

2020 ◽  
Vol 11 (3) ◽  
pp. 584-600
Author(s):  
Dmitry S. Alyakin ◽  
Keyword(s):  
Legal Regulation ◽  
Functional Methods ◽  
Scientific Analysis ◽  
Specific Performance ◽  
Scientific Papers ◽  
General Scientific ◽  
Russian Law ◽  
Contractual Obligations ◽  
Time Specific

The article examines the due and specific performance of contractual obligations under Russian law in addition to determining the ratio of these categories among themselves. The relevance of this article stems from the evolution of the market economy and the concomitant increase of the role of contractual performance, which mediates the movement of benefits between the parties of a business transaction. The effectiveness of this process, contributing to the economic growth of the state, is possible if the obligations are duly performed. The aim of the work is to examine the nature and structure of due and specific performance in order to identify their interrelation and value in the course of contractual performance. The research material consisted of the Civil Code of the Russian Federation, Russian jurisprudence, and Russian authors’ scientific papers in the field of civil law. The methodological basis involved general scientific (analysis, synthesis, and analogy) and special legal methods (comparativelegal, formal-logical, systemic, structural-functional methods, and method of interpretation). The allocation of the principle of due contractual performance under Russian law is justified. Herewith, due and specific performance are not just closely interrelated, but they are related overall and as components. It seems appropriate to consider specific performance as an element of the above-mentioned principle. However, specific performance is not a principle due to its lack of universality caused by certain restrictions and conditions for its implementation, taking into account the existing legal regulation and current practice. At the same time, specific performance continues to play an important role in the course of primarily long-term contractual performance and the performance of obligations arising from contracts involving monopolistic companies.

Digitalization of the Insurance Market: Tasks, Problems and Prospects

2018 ◽  
Vol 11 (2) ◽  
pp. 111-120 ◽  
Author(s):  
A. A. Tsyganov ◽  
D. V. Bryzgalov
Keyword(s):  
Research Methods ◽  
New Technologies ◽  
Digital Technologies ◽  
Insurance Market ◽  
Mutual Insurance ◽  
General Scientific ◽  
The Subject ◽  
Insurance Business ◽  
The Impact ◽  
Formulation Of Problems

The subject of the research is the impact of digital technologies on the insurance market in terms of internetization, digitalization and individualization of the insurance business. The purpose of the research was to analyze the digital insurance concept and the process of digitalization of the insurance market based on the Russian and foreign insurers’ practices in the promotion of digital technologies, including the use of general scientific approaches and research methods. Among the results of the research were the definitions of the «digital insurance» and «digitalization of insurance activities» concepts as well as the formulation of problems and prospects for further use of digital technologies in the insurance market. The paper concludes that the introduction of new technologies in the digital economy will influence the insurance technology without changing its economic substance. Moreover, the digitalization of insurance activities will be followed by significant innovations improving the effectiveness of the former, development of new insurance programs, convergence of commercial and mutual insurance and things alike.

EVOLUTION OF CIVIL LAW RESEARCH: LINKING WITH NEW TECHNOLOGICAL REALITY

2021 ◽  
Vol 3 (3) ◽  
pp. 76-95
Author(s):  
O.A. Serova
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Social Risks ◽  
Engineering Sciences ◽  
Subject Areas ◽  
The Subject ◽  
Object Of Study ◽  
The Impact

Introduction: digitalization has generated qualitative changes in many spheres of public life. The science of civil law cannot stay out of these changes. It is necessary to define new directions of scientific research, including in related fields of knowledge. Cross-sectoral research methods will take a key place in the study of the impact of digital technologies on public relations. Purpose of the research: identification of new thematic (subject) areas for the science of civil law. The relevance of these areas is determined by the high degree of penetration of digital technologies into economic and social processes. Methods: general scientific (dialectical) method, as well as such particular scientific methods of cognition, formal legal, comparative legal, logical. Discussion: a change in the subject areas of research under the influence of a new technological reality occurs in all sciences and fields of activity. Artificial intelligence technologies and robotic technology are being actively studied not only at the level of engineering sciences, mechatronics, etc., but also become an object of study in philosophy, ethics, medicine, linguistics and philology. Outside of this scientific context, research in the field of civil law is impossible. Representatives of other scientific areas determine social risks, threats and opportunities, which later take on specific outlines in the form of legal regulation models. Conclusions: the inclusion of the science of civil law in the subject areas of the new technological reality is dictated by the high social risks of technologization of law. For a long time, civil law managed to maintain a balance between the needs of civil circulation and the protection of the natural rights of citizens. Today, it is also necessary to maintain a balance between the development of digital technologies, reducing regulatory barriers and protecting the rights of citizens, as the least protected category of participants in the digitalization process.

Rehabilitation of Victims of Political Repression as a Comprehensive Criminal Procedure Institute

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Sergey Vorobev
Keyword(s):  
Criminal Procedure ◽  
Comparative Law ◽  
Legal Regulation ◽  
Political Repression ◽  
Scientific Analysis ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
Characteristic Features ◽  
Regulatory Actions

The article is devoted to development problems of the criminal procedure Institute of rehabilitation. The author makes a scientific analysis of the formation of the institute of rehabilitation as a comprehensive criminal procedure institute aimed at restoration of social justice for victims of political repression. In addition, the article describes characteristic features of the regulatory actions of the institute of rehabilitation in the system of the Russian law in its historical, political, and unique processes. In this paper we use modern general scientific and special methods of cognition: analysis, synthesis, historical, legal, structural-functional, normative-logical, comprehensive and comparative law. Scientific novelty of the work lies in consideration of normative-legal regulation of the institute of rehabilitation of victims of political repression as a comprehensive legal institution. Also this article reflects the author’s subjective position on the subject.

DIRECTIONS OF DEVELOPMENT OF ECOLOGICAL ENTREPRENEURSHIP IN RUSSIA AND THE WORLD

2019 ◽  
pp. 89-94
Author(s):  
M.V. Demchenko
Keyword(s):  
Systematic Approach ◽  
Reliability And Validity ◽  
Legal Regulation ◽  
Business Law ◽  
Foreign Countries ◽  
Scientific Analysis ◽  
The World ◽  
General Scientific ◽  
The Subject ◽  
Scientific Results

The purpose of the study is to analyze the legal regulation of the development of environmental entrepreneurship in Russia and the world, to determine the basic models of its functioning. The subject of the research is the opinions of Russian and foreign scientists on environmental entrepreneurship and the provisions of regulatory legal acts in this area.The methodological basis of the study is a complex of general scientific (analysis, synthesis, deduction, induction) and private methods of cognition. The reliability and validity of the results obtained during the study is achieved through the integrated application of research methods in their relationship and interdependence. As a result of the research, scientific results were obtained, in particular, the definitions of environmental entrepreneurship were analyzed, the characteristic of legal regulation of environmental entrepreneurship in certain foreign countries was given, the directions of its development in Russia were determined. The novelty of the results of the work is due to an integrated, systematic approach to the study of the main directions of development of environmental entrepreneurship. The results can be used in the process of improving the legal regulation of the development of environmental entrepreneurship in modern Russia. The theoretical significance of the study lies in the possibility of using the results of the study to develop the science of business law and social security law in Russia.

scholarly journals Legal regulation of investment activity carried out using digital technologies

2020 ◽  
pp. 25-34
Author(s):  
Alina Nurlibaevna Sundetova
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Current Level ◽  
Investment Activity ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
Development Prospects

The subject of this research is the norms of Russian law mediating investment activity that is carried out using digital technologies, development prospects for Russian legislation, as well as theoretical constructs proposed by Russian and foreign experts in development of the category of investing using digital technologies. Special attention in the process of development of legislation is given to the principle of technological neutrality. This author employed general scientific methods of structural-functional analysis and systemic approach, which allowed verifying the acquired results of the scientific research. This work presents a comprehensive analysis of the legal relations emerging as a result of investing using digital technologies. A conclusion is made that digital technologies develop very rapidly, and thus, the legislator must describe the essential features of the mentioned phenomena and legal relations, and prescind from the current level of technology when possible.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

scholarly journals COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Legal Method ◽  
Force Majeure ◽  
Logical Method ◽  
Coronavirus Infection ◽  
Business Entities ◽  
Contractual Obligations ◽  
Settlement Of Disputes ◽  
The Impact

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals Some results of studying the impact of digital technologies upon learning activities

2020 ◽  
pp. 1-14
Author(s):  
Elvira Vitaljevna Burtseva ◽  
Olga Chepak ◽  
Olga Kulikova
Keyword(s):  
Higher Education ◽  
Social Networks ◽  
Negative Impact ◽  
Digital Technologies ◽  
Educational Process ◽  
Learning Activities ◽  
Key Factor ◽  
Negative Effect ◽  
The Subject ◽  
The Impact

The subject of this research is the implementation of digital technologies in educational process of a university. The goal consists in studying the impact of digital technologies upon the students&rsquo; learning activities. The article presents the results of questionnaire-based survey among students by the three question pools. In the course of research, the author examines such aspects of the problem, as the positive and negative impact of technologies upon learning activities of the students of digital generation. Particular attention is given to consideration of students&rsquo; attitude on digitalization of higher education. The opinions of pedagogues on the results of conducted research are presented. The scientific novelty lies in mainstreaming the question on the negative impact of digital technologies upon learning activities of the modern generation of students that deserves special attention. On the background of common passion of the scholars of researchers and pedagogues for the ideas of digitalization of education, when digital technologies are viewed as virtually the key factor for modernization of educational process; second come the problems of growing pathological dependence of youth on digital technologies, undesired to switch to digitalized educational process to the disadvantage of communication in social networks and pleasant pastime online. The problem of the negative effect of digital technologies on learning activities must be recognized in order to find the ways for its solution.

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