Transformation of legal systems
Atabekov A.R. —
Analysis of approaches to determining legal liability for the actions of artificial intelligence in the medical field: the experience of the United States and Russia.
// Legal Studies.
– 2023. – № 6.
– P. 1 - 9.
DOI: 10.25136/2409-7136.2023.6.40928 EDN: IJDDLB URL: https://en.nbpublish.com/library_read_article.php?id=40928
This article introduces a comparative analysis of existing approaches to determining the liability of artificial intelligence in the context of public medical relations between the United States and Russia. As part of the comparative analysis, the basic problems in the field of transparency in the decision-making of artificial intelligence were identified, theoretical and practical situations for the use of artificial intelligence in the medical field were considered, and possible compensatory legal measures were proposed to ensure the safe integration of artificial intelligence into the healthcare sector in Russia.The subject of the study is the formalization of artificial intelligence actions in legal relations between a doctor and a patient.The object of the study is regulatory documents, recommendations and other documents regulating the use of artificial intelligence for the purposes of medical legal relations in Russia and the United States, judicial practice, academic publications and analytical reports on the issues under study.The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc.Within the framework of this study, special emphasis is laid on the implementation of a comparative legal study of the phenomenon of the autonomy of artificial intelligence involved in legal relations between a doctor and a patient, followed by the identification of potential scenarios for regulating responsibility for AI actions.The measures proposed as a result of the study can be applied in the legislative activities and their implementation by relevant authorities that are in charge of the integration of artificial intelligence into the sphere of public relations in Russia, including the healthcare sector.
information law, law enforcement practice, administrative law, public law, secure AI, telemedicine, medical law, comparative legal research of AI, electronic person, artificial intelligence
Human and state
Milchakova O. —
Legal Consequences of Void Transactions on the Acquisition of Strategic Assets by Foreign Persons
// Legal Studies.
– 2023. – № 6.
– P. 10 - 19.
DOI: 10.25136/2409-7136.2023.6.40925 EDN: HIAHYH URL: https://en.nbpublish.com/library_read_article.php?id=40925
The article deals with some topical issues of the invalidity of transactions made for the purpose contrary to the foundations of law and order and morality. The author focuses on the consequences of the invalidity of void transactions for the acquisition by foreign investors of the assets of Russian strategic companies. The issues of application as consequences of invalidity of transactions made in violation of the legislation on foreign investments, restitution, collection of shares (shares) of a strategic company, its fixed production assets into state income are considered.As part of the study, the author substantiates the attribution of transactions for the acquisition of strategic assets by foreign persons in violation of the law to invalid transactions burdened with the defect of the illegality of their content. The conclusion is formulated about the need to comply with an increased standard of proving the invalidity of a void transaction, corresponding to the standards used when appealing against voidable transactions. The author concludes that the measures of state coercion in the form of recovery of shares, fixed production assets of a strategic company acquired in violation of the law, are measures that are adequate and commensurate with the consequences of violation of the legislation on foreign investment in strategic sectors of the economy, which is an integral part of the foundations of the rule of law, and are predetermined by constitutionally significant goals to ensure the defense of the country, the security of citizens, society and the state.
foreclosure on income, disenfranchisement, restitution, nullity of transactions, deal with vice, invalidity of transactions, state security, national defense, strategic society, foreign investment
Law and order
Bardeev K.A. —
Foreign experience of the constitutional and criminal law prohibition of torture
// Legal Studies.
– 2023. – № 6.
– P. 20 - 27.
DOI: 10.25136/2409-7136.2023.6.40935 EDN: ALXOEL URL: https://en.nbpublish.com/library_read_article.php?id=40935
The subject of research in this article is the long-term experience of a number of countries of the modern world summarized by the author in the field of legislative regulation of criminal liability for torture in many of its manifestations. In addition, the relevant international legal provisions, which are the legal basis for combating torture in national legislation, acted as such. In particular, we are talking about the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since the prohibition of torture is absolute, comprehensive and constitutional, which is reflected in a number of state constitutions, the subject of the study was the norms of the basic laws of a number of countries. The scientific novelty of the work lies in the fact that in the article, based on the analysis of the palette of legal definitions of torture existing in foreign law – from brief, reflecting only its main properties, to detailed, descriptive ones, the author's vision of the grounds for distinguishing between these definitions is determined, heterogeneous approaches to understanding how the object of torture, as well as its subject, to determine the place of this crime in the structure of the Special Part of Criminal Laws.
inhumanity, cruelty, signs of torture, composition of torture, concept of torture, foreign criminal law, criminal law, torture, criminal legislation, responsibility