Vol 22, No 3 (2018)


Artificial Intelligence in the Legal Space

Yastrebov O.A.


The active implementation of digital technologies into all spheres of public life, as well as the rapid development of artificial intelligence, is assuming a serious dimension, thus requiring a special attention of the legislator. The article examines the current state of the legal regulation of the artificial intelligence. The author considers the Strategy of the Information Society Development in the Russian Federation for 2017-2030, as well as provides some clear examples of active implementation of artificial intelligence into social reality. The author also provides the McKinsey consulting group's research findings which reflect the prospects for replacing human labor by robots. It is pointed out that the issue of total computerization and the corresponding displacement of a human from the sphere of intellectual activity is rather controversial. The article also discusses the main possible problems related to the artificial intelligence technologies: the problems of responsibility that may arise in the operation of industrial robots; the continuity of digital activity can affect the psychoemotional state. The issue of a possibility for creating robots with intelligence and endowed with personality is being considered from the Philosophy perspective. The conclusion is drawn that the theoretical study of the intellect and the "electronic person" is one of the possible redirections of the Russian law development in modern conditions.

RUDN Journal of Law. 2018;22(3):315-328
pages 315-328 views

State Control of the Interpretation of Genomic Studies and Medical Applications in the United States of America

Sakhipgareeva A.R.


This Article is devoted to the theoretical ideas about the features of state control in genomic research and medical applications in the United States of America. The purpose of this study is to examine the legal aspects of the interpretation of genomic research and medical applications in the United States of America, to study the features of the state control of medical applications, as well as companies providing services in the field of genomic research. As a result of the review, the author provides with the information about several features of the state control of the US Food and drug administration (FDA), degree of regulatory intervention in the activities of genetic research companies, identify classification of medical applications apps.

RUDN Journal of Law. 2018;22(3):329-345
pages 329-345 views


Theoretical and Practical Interaction Between Legal Ideology and Legal Propaganda in the Soviet Society

Gavrilova A.V., Bogolyubov E.A.


The main function of any ideology is to legitimize the established order of things as true, universal and unshakable. The ideological form is aimed at the formation of the addressee's specific stereotypes of behavior corresponding to the trajectory of officially recognized ideas, values, axioms, principles, norms of law. Legal ideology is a conceptualized expression of normative, political and universal methods of legal understanding. As the methods of ideological influence can be identified scientific-doctrinal and official-legal nomination, legal propaganda, legal education, legal education, etc. Legal propaganda is the systematic and purposeful dissemination in society of certain legal ideas, values, norms and programs of behavior in order to control the addressee and control his thinking and behavior, has a coercive nature in order to prevent deviation from the absolute standards of behavior. Propaganda is often one of the main means of political manipulation. At present," legal propaganda" as the most radical concept has given way to softer methods of ideological influence - "legal education" and " legal upbringing". Legal literacy and legal awareness of citizens in modern Russia is an important area of public policy, the implementation of which is entrusted to the Federal and regional public authorities, local governments, professional legal communities and public associations of lawyers, in close collaboration with civil society structures in the form of social partnerships. The involvement of public organizations for legal education of the population through legal propaganda in order to implement the state policy was actively developed in the Soviet period. Therefore, the purpose of this study is to analyze the phenomenon of the Soviet legal ideology in the context of legal propaganda by public organizations. The study was conducted within the framework of socio-cultural approach. That approach allowed expanding the idea of the place and role of legal propaganda in the Soviet society as a product of the state ideology focused on the identification of Soviet cultural values, its reglamentation and practical realisation.

RUDN Journal of Law. 2018;22(3):346-369
pages 346-369 views


The legal status of the East African Community (EAC)

Njenga L.N.


The history of the “metamorphosis” of the East African Community (hereafter the EAC), though for the period of over a decade, is not so different from other international regional organizations. For example, the European Economic Community (hereafter the EEC) also underwent some ‘transformation’ before eventually becoming the EU[49]. More particularly, the article reflects on the early stages of the formation of the EAC, its early challenges and how it may have overcome them to attain its present status. Further, the article reflects on the roles and functions of the East African Community organs and institutions and at the same time touch on the important documents as legal instruments that have been adopted and ratified by the partner states. Additionally, the article will reflect on how effective the EAC has been in its commitment to observe the principles of democracy, the rule of law and social justice so as to show that the EAC stands out from other regional economic organizations in the continent. In conclusion this article will show that the history of the existence of the EAC and its re-establishment in 2000, give grounds to embrace its legal status especially following one of their objectives to form a federation among other principles listed in the treaty, which are in line with the general principles of International law.

RUDN Journal of Law. 2018;22(3):370-384
pages 370-384 views


The Question of Reforming of System of Taxes and Fees of the Russian Federation in the Context of Establishment and Introduction of Resort Collecting Revisited

Evsikova E.V.


Article is devoted to research problems of formation, development and improvement of system of taxes and fees of the Russian Federation and also standard legal support and fixing of tax legal relationship at this sphere, the analysis of problems of reforming of system of taxes and fees of the Russian Federation in the context of adoption of the Federal law of July 29, 2017 No. 214-FZ "About carrying out an experiment on development of resort infrastructure in the Republic of Crimea, Altai region, Krasnodar region and Stavropol region" is carried out. The purpose of the present article is the research and the analysis of the current state and also prospects and problems of reforming of system of taxes and fees of the Russian Federation in the context of establishment, introduction, collection and transfer of resort collecting as a payment for use of resort infrastructure, elaboration of specific proposals on improvements of standard and legal regulation of tax legal relationship in the specified sphere. For achievement of the designated research objective, the author carries out system statement of doctrinal approaches to such legal phenomena as "the tax system of the Russian Federation" and "the system of taxes and fees of the Russian Federation" on the basis of what existing are specified and own formulations of the specified legal categories are developed. At the same time, on the basis of the carried-out analysis of the existing tax law the place of resort collecting in the system of taxes and fees of the Russian Federation according to its three-level structure is defined. In this article, by means of a research of features of standard and legal regulation of system of regional and local taxes and fees of the foreign countries, next to the Russian Federation (on the example of Belarus, Kazakhstan, Moldova, Uzbekistan, Ukraine), the author carries out the analysis of various approaches of legislators to a problem of standard and legal regulation and fixing resort (hotel; tourist) collecting in the system of regional and local taxes and fees. During the conducted research the author comes to a conclusion about need of improvement of tax legal relationship for the sphere of establishment and introduction of resort collecting, first of all, definition and legislative fixing of the place of resort collecting in the system of taxes and fees of the Russian Federation and also develops the offers regarding introduction of amendments to the existing tax law of the Russian Federation.

RUDN Journal of Law. 2018;22(3):385-405
pages 385-405 views


Review of a Monograf by V.N. Safonov «Constitutional Law-Making in the US Suprime Court Activity. Historical-Legal Reaserch». Moscow: Prospect Publ., 2018

Nemytina M.V.


The monograph observes the problems of the US Supreme Court law-making activity in sphere of interpreting the federal Constitution. Tendencies of the American constitutional, common and precedent law development are shown in historical and theoretical context. The author studies legal determinations of the US Supreme Court Judges and judicial doctrines basing on them. He also reveals the correlation between the judicial conservatism and activism within the general line of the US legal policy and ideology.

RUDN Journal of Law. 2018;22(3):406-409
pages 406-409 views


Review of the I International Scientific Conference «Law as a Phenomenon of Civilization and Culture». Moscow, RUDN University, 30-31 March 30-31, 2018

Mikheeva T.T., Zinkovskiy S.B., Lapo P.V., Grafshonkina A.A.


On March 30-31, 2018, the I International Scientific Conference “Law as a Phenomenon of Civilization and Culture” was held at the Law Institute of the Peoples' Friendship University of Russia (hereinafter - RUDN). The event was co-founded by the Federation Council Committee on Constitutional Legislation and State Building of the Federal Assembly of the Russian Federation.

RUDN Journal of Law. 2018;22(3):410-424
pages 410-424 views

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