One of the trends in contemporary law is the interaction between its branches because an offense infringes upon a number of rights and interests of the victim that cannot be reduced to a single sphere of legally regulated relationships. This trend is reflected, specifically, in the interaction between civil and criminal law, which has attracted the attention of well-known Russian legal scholars many times. The trend is also observed in court practice, for example, in the Decree of the Plenary Session of the Supreme Court of the Russian Federation «On Court Practice Re. Cases of Fraud, Misappropriation and Embezzlement» of November 30, 2017, No 48. It is also manifested in the use of civil law categories and criteria for the general and specific components of crimes like theft (Art. 158 of CC of the RF) and fraud (Art. 159-159.6 of the CC of the RF), as well as in the use of vindication and compensation of losses to protect the rights of victims of such crimes. Civil law defense of the rights of victims of theft and fraud (the use of such methods of protection as vindication and compensation of losses) encounters the ambiguous position of courts because the doctrine incorporates disputable and unsettled issues regarding the methods of protecting rights. This paper analyzes such problems and presents some ways of solving them. Overcoming the theoretical and practical problems of interaction between civil and criminal law is of vital importance because it is a vital precondition for the efficient functioning of the law enforcement system as a whole when implementing various forms and methods of protecting the rights of people.
On 20 January 2023, the Department of Private Law of the Faculty of Law of the National Research University Higher School of Economics held a round table on the topic “Social networks and civil law”. The round table was moderated by A.A. Ivanov, Academic Supervisor of the HSE Faculty of Law, tenured professor, retired Chairman of the Supreme Arbitrazh Court of the Russian Federation, and organised by T.S. Yatsenko, Head of the Department of Private Law, Doctor of Law, Professor, and M.A. Volchansky, Deputy Head of the Department of Private Law, Candidate of Legal Sciences. Leading Russian experts on civil law took part in the discussion. Abstracts of their reports are presented in this review.
The article examines the main institutions of foreign law that appeared in
Testing of a digital ruble platform conducted by the Bank of Russia actualizes the problem of determining the legal nature of a digital ruble and features of its civil law regime. Based on fundamental provisions of the civil law doctrine, the author explores an economic concept of the digital ruble presented by the Central Bank of the Russian Federation; from a civilistic standpoint, the author examines the relationship between the concepts of «digital ruble», «digital money», «currency», «cryptocurrency», «digital financial asset». The paper justifies the fallacy of legal judgments in the interpretation of the digital ruble as a new form of money — as a form of the ruble and as a form of the Russian national currency. Comparing provisions of the Concept with the prescriptions concerning digital currency under Federal Law No. 259-FZ dated 31 July 2020, the author substantiates a number of conclusions: the digital ruble exists in a special material form as digits and other signs on a special material carrier — special computer systems controlled by special programs in the form of a digital platform; in the legal sense, digital rubles mean digital non-cash funds — rights of claim arising on the basis of an agreement for opening and maintaining a digital wallet and acting as an element of the content of the legal relationship between the bank and the customer — a holder of a digital wallet for cashless settlements. The approach proposed by the Bank of Russia to introduce the digital ruble into property circulation has much in common with the model of settlements implemented in practice using electronic wallets and prepaid smart cards. The digital ruble as a non-cash monetary means (in digital form) acts as a property (obligation) right and falls under the civil law qualification of a digital right and its varieties.
“Artificial intelligence” technologies (AI technologies) are becoming popular objects of civil rights. Current legislation does not regulate relations on the creation of these results of intellectual activity and the turnover of exclusive rights to them. The current state of doctrine and law enforcement practice demonstrates the unresolved problems associated with the legal qualification of AI technologies, the definition of their legal regime, the use of various contractual structures for the creation of these innovative intangible objects and the turnover of exclusive rights to them. The purpose of the study is to consider the key civil scientific and practical problems of AI technologies in the mechanism of contractual regulation at the stage of establishing of legislation regulating digital relations. Methods: comparative legal method, rising from the abstract to the concrete, modeling, induction, deduction. Results and novelty: having realized the research objectives through the general scientific and private scientific methods described above, the authors considered AI technologies as independent results of intellectual activity and objects of civil rights. The factors influencing the construction of a system of contracts ensuring the turnover of exclusive rights to AI technologies are identified, in particular, the need to include conditions on confidentiality of information, on the procedure for applying a smart contract, methods of identification and authentication of the parties to contracts. A system of contracts has been developed to ensure the turnover of exclusive rights to AI technologies.
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