Призрак цифрового права

The subject. The article studies legal fictions from the point of view of their correlation with ideological sources of law.The purpose of the article is to confirm or disprove hypothesis that legal fictions may be described as one of the ideological sources of law.The methodological basis for the study includes analysis and synthesis, interpretation of legal literature.Results, scope of application. Legal fictions are legal provisions enshrined in the text of regulatory legal acts in the form of separate regulatory regulations. They play an important role in lawmaking and in the mechanism of legal regulation. Fictions perform the function of protecting various interests and the function of procedural economy, contribute to the rapid and correct resolution of the case on the merits, have the necessary impact on the participants of the proceedings.Legal fictions have their own set of features. They are characterized by a) the deliberate falsity of the assumption; b) this assumption is legally irrefutable, the possibility of proving the opposite is excluded; c) the assumption is legal. provided for in regulatory legal acts; d) assumption, which is given the importance of legal facts.The ideological significance of legal fictions as sources of law is manifested in the fact that they are associated with legal norms, in the content of many of them; this is a special kind of legal norm, in the content of which there is a certain fiction; fictions are one of the means of formalization of normative material and simplification of the structure of actual compositions. Legal fictions are widely used in the gaps in the law, are one of the ways to effectively fill them.Legal fictions bring clarity to the legal regulation of public relations, being a necessary part of legal regulation. Fictions participate in legal regulation in two forms (types): through theoretical and practical (normative) constructions. Theoretical fictions, being a part of the legal doctrine, act as independent regulators (for example, constructions of the legal entity, the state, etc.). Legal fictions perform certain functions. They eliminate the uncertainty in the legal regulation; they help to simplify legal relations and make legal regulation stable and stable; they help to translate everyday reality into legal reality; they help to simplify legal relations and make legal regulation stable and stable.Conclusions. Legal fiction can be considered an ideological source of law, if we consider it as a legal fact, its variety. But this characteristic is not prevailing among other significant properties of legal fictions.

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

It is indicated that a mandatory prerequisite for a high level of fundamental scientific research on issues of administrative law, as well as the possibility of the science of administrative law to serve as a progressive theoretical and legal basis for the understanding and improvement of phenomena and processes that occur during the implementation of the norms of administrative law, is the achievement of the correct understanding of the fundamental theoretical constructions of administrative law. One of them, which is in great demand among the scientific and professional community in their activities, is the mechanism of administrative and legal regulation. This key constituent element of the conceptual-categorical apparatus of administrative law is an administrative-legal variation of the legal mechanism, ideas about which are developed within the framework of legal theory. Having regard to the views expressed by legal theorists and representatives of the science of administrative law on the essence of the mechanism of administrative legal regulation, the author came to the conclusion that the mechanism of administrative legal regulation is an ordered set of legal means, which in their interrelationship ensure the proper functioning of the state and local self-government with the aim of satisfying to the greatest extent the legitimate interests of private persons and civil society as well as of achieving other goals of administrative law in the relevant sphere of public law relations. Nevertheless, the statement that the mechanism of administrative legal regulation governs social relations seems unfounded, because it artificially narrows the structure of this type of legal mechanism to the norms of the law, while to ensure the implementation of the regulatory influence of the law, it includes other elements necessary for this. Moreover, it could be considered wrong from the point of view of formal logic to encompass the its goal by the definition of the mechanism of administrative legal regulation, because if the mechanism of administrative legal regulation itself is meant, then it is automatically aimed at realizing the goal of administrative-legal regulation, which excludes the need for its duplication in its definition. The system of legal means that form the mechanism of administrative and legal regulation includes norms of administrative law and acts of their official interpretation, administrative legal relations (including relevant legal facts and factual structures), acts of fulfillment of rights and duties in these legal relations (including, acts of application of legal norms), as well as legal awareness of participants in administrative legal relations (as an optional element).

The article carries out a comprehensive theoretical and methodological study of legal norms as a key element of the structure of the legal mechanism of judicial control over the execution of judicial decisions in administrative proceedings. The relevance of the topic is due, among other things, to the lack of a unified approach to understanding the essence and content of this legal phenomenon both in scientific research and in law enforcement practice. At the theoretical and methodological level, judicial control over the execution of judicial decisions can be considered not only as a tool for verifying the legality of the actions of subjects of power in executive proceedings (process, legal institution, function of justice or form of its implementation), but also as a mechanism of legal regulation. The research methods were chosen taking into account the purpose and objectives of the study. The author used, inter alia, dialectical, formal and logical, hermeneutical, deductive, and comparative methods. Dialectical, formal-logical, hermeneutic, deductive, comparative methods were used, among others. According to the results of the study, the content of the concept, the characteristic features of legal norms as an element of judicial control, it’s role and functions in the structure of the legal mechanism of judicial control in administrative proceedings were established. The relationship of legal norms with other elements of this mechanism of legal regulation, such as legal facts, legal relations, and law enforcement, is characterized. The legal norms that form the normative basis for the existence of the legal mechanism of judicial control over the execution of court decisions in administrative proceedings are outlined, both those enshrined in the Code of Administrative Procedure of Ukraine and those provided for by other regulatory and legal acts, in particular, the Constitution of Ukraine, the Law of Ukraine “On the Judicial System and the Status of Judges”, the Law of Ukraine “On Enforcement Proceedings” and others. The correlation of judicial control as a legal institution and judicial control as a mechanism of legal regulationis studied. The research materials may be useful in further research on the topic of judicial control as a mechanism of legal regulation, as well as in the formation of proposals for improving the legal regulation of legal relations in the field of execution of court decisions.

Manipulative technologies have become widespread in various fields and are used in the process of legal regulation of public relations. The fact that representatives the theory of law and branch legal sciences ignore this form of legal influence on social processes can lead not only to a biased understanding of certain stages of the mechanism of legal regulation, but also to an obvious leveling of the social conditionality of the legal technique used in law-making, law-realization and law interpretation processes. The paper gives the main focus to the concept and signs of manipulation as a generic concept that manifests itself in a specific way in the process of legal influence on public relations. The author proposes his definition of manipulation and technologies of manipulation of legal goals in legal regulation. The concept of technologies for manipulating legal goals is being formed. It includes six groups of key techniques and methods by which the subject of manipulative influence: a) formulates and objectifies legal goals; b) uses already existing legal goals, coordinating the behavior of participants in legal relations in their own interests; c) stimulates the management object to achieve the set goal through the use of appropriate legal means; d) restricts the activity of the management object that runs counter to the plans of the subject of manipulation. The paper argues the according to which manipulation of legal goals is legitimate behavior, a common way of exercising public power, socially conditioned practice of legal regulation and the legal reality, which is a natural stage in the development of public relations. It is proved that all technologies of manipulation of legal goals are based on legitimate aspirations of participants in legal relations, nevertheless leading to the realization of the interests of the subject of manipulative influence at the expense and to the detriment of the interests of the object of manipulation. Despite the legality of technologies for manipulating legal goals, they can significantly reduce the effectiveness of the mechanism of legal regulation by creating an imbalance in the coexistence of the interests of the individual, society and the state.

Technical change greatly contributes to the explanation of economic structural changes. The aim of this paper is to measure the extension and the direction of structural and technological change. The impact of structural and technological changes on sectoral gross output was computed by breaking down the total change into the part due to changes in input-output coefficients (technological change) and the part due to changes and composition of final demand. The decomposition of structural change is based on the following questions. What were the engines of growth? What was the role and impact of technological change and which economies experienced the most and least structural change?

The article deals with the issues of the structure of the mechanism of administrative and legal regulation of the right to rest for police officers. It is proved that the mechanism of administrative and legal regulation of the right of police officers to rest is characterized by all the signs of public administration, in particular: the imperative imperious nature of service and labor relations; the subordinate nature of service and labor relations, which provides for the obligatory influence of the subjects of service and labor relations on objects of public administration. Moreover, such an organizing managerial influence can be both external and internal in nature, depending on the subject of management. The structural elements of the mechanism of administrative and legal regulation of the right to rest for police officers are summarized, which include: norms of administrative legislation (regulatory support in the field of service and labor activities of police officers), managerial service and labor relations, administrative and legal means of influence in the form of law enforcement and law enforcement management acts It is determined that, being the central structural element of the mechanism of administrative and legal regulation in the field of exercising the right of policemen to rest, public administration is a process of organizing and regulating administrative and legal influence of executive authorities, local governments and public associations on service and labor legal relations with the bodies of the National Police, in order to ensure the right of police officers to rest. It is proved that the development of a clear and unambiguous understanding of the structure of the mechanism of administrative-legal regulation of social relations makes it possible to form a theoretical and legal understanding of the concept of the phenomenon under study. Meanwhile, the issue of developing a unified position regarding the concept of an administrative-legal mechanism has not yet been formed in the science of administrative law. Moreover, some scientific conclusions containing the concept of the mechanism of administrative and legal regulation have significant contradictions, and therefore, are characterized by a low level of reliability.

It is indicated that in the theory of law there are still quite relevant discussions regarding the definition of the criteria for the relationship and delimitation of such categories as “mechanism of legal regulation” and “mechanism of implementation and protection of the legal status of a citizen”. According to separate unified approaches to the criteria for distinguishing such categories, it is emphasized that, in general, the mechanism of legal regulation should be considered as a basic element of the mechanism of implementation and protection of the legal status of a citizen. The mechanism of legal regulation establishes the general principles of the implementation and protection of human rights and freedoms in a sphere independent of social legal relations, defining the fundamental principles of human and citizen participation, establishing a system of law enforcement and human rights protection means and methods of implementation and protection of the legal status of a private person. It has been proven that the system of guarantees for the implementation and protection of the administrative-legal status of a private natural person in the public sphere has a four-level structure, to which the level of regulatory regulation, institutional definition of the system, procedural order and the level of law enforcement are possible. At the administrative-legal level of the administrative-legal mechanism, ensuring the rights, freedoms and interests of private individuals is actually carried out with the help of a certain set of legal norms that provide guarantees for the exercise of subjective public rights in power-management relations. At the institutional level of administrative-legal regulation of the exercise and protection of subjective public rights, a private person is a certain set of state authorities and local self-government bodies (i.e., public administration bodies) that are obliged to perform the tasks of ensuring and promoting the realization of the administrative-legal status of a person and a citizen of Ukraine. The third level of the system of guarantees for the implementation and protection of the subjective public rights of a private person is the administrative-procedural (management) level, which includes a certain set of administrative procedures that allow the realization of the rights, freedoms and interests of non-authoritative subjects of administrative law.The law-enforcement level of the normative-legal mechanism for the protection of subjective public rights, freedoms and interests of individuals and legal entities includes a set of administrative and administrative-judicial procedures that allow to guarantee the realization of the rights, freedoms and interests of non-authoritative subjects of administrative law at the appropriate level of efficiency.

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.

В статье рассмотрено влияние технологических изменений на рынок труда, самозанятость и безработицу в Российской Федерации. Проанализированы последствия автоматизации, развития искусственного интеллекта, цифровых технологий и удаленной работы на динамику занятости и самозанятости. В статье представлены рекомендации по снижению безработицы и стимулированию самозанятости, включая необходимость обеспечения образования и подготовки кадров, создания благоприятного налогового и правового окружения, а также развития цифровых инфраструктур для поддержки самозанятых граждан. Проведен анализ факторов, влияющих на процессы самозанятости в России, и предложены меры по стимулированию этого вида занятости. Изучены технологические тренды, оказывающие наибольшее влияние на рынок труда, и их потенциальные последствия для экономики и общества. Обоснована необходимость разработки гибких подходов к подготовке кадров, чтобы они были готовы к изменениям на рынке труда и способны адаптироваться к новым условиям. Заключительные рекомендации включают в себя меры по улучшению образования, налогового регулирования и поддержки предпринимательства для смягчения негативных последствий технологических изменений на занятость. The article examines the impact of technological changes on the labor market, self-employment and unemployment in the Russian Federation. The effects of automation, the development of artificial intelligence, digital technologies and remote work on the dynamics of employment and self-employment are analyzed. The article presents recommendations on reducing unemployment and stimulating self-employment, including the need to provide education and training, create a favorable tax and legal environment, as well as the development of digital infrastructures to support self-employed citizens. The analysis of the factors influencing the processes of self-employment in Russia is carried out, and measures to stimulate this type of employment are proposed. The technological trends that have the greatest impact on the labor market and their potential consequences for the economy and society are studied. The necessity of developing flexible approaches to personnel training is justified so that they are ready for changes in the labor market and are able to adapt to new conditions. The final recommendations include measures to improve education, tax regulation and business support to mitigate the negative effects of technological change on employment.

Introduction . The IT industry is a strategic segment for the development of any economy. Artificial intelligence occupies a leading position in its development. Artificial intelligence has enormous potential to influence the development of any economic sector: industry and transport, agriculture, oil and gas, etc. However, its ability to self-develop suggests the potential for harm. Therefore, the development of neural networks and the widespread implementation of artificial intelligence make the question of the principles of its development and use extremely relevant. More and more developers are considering the need to address legal and ethical restrictions on the use of artificial intelligence at the design and development stages. To achieve this, it is necessary to develop and enshrine at the regulatory level fundamental guidelines (principles) for the safe use of artificial intelligence. These principles should primarily cover the safety of its use, transparency, accountability, nondiscrimination, etc. Therefore, the development and legal codification of these principles is a priority task, capable of, on the one hand, ensuring the development of advanced technologies in the IT sector of the economy, and on the other, preventing possible negative consequences of the use of artificial intelligence. Materials and methods . This article addresses the substantive content of the Azilomar Principles, as well as other principles identified in science and legislation, which could form the basis for legal regulation of the creation and use of artificial intelligence technology in the IT sector. An analysis of the existing international and national legal framework suggests that legislation in this area is still in its infancy. Currently, the main norms containing these principles are contained in individual acts of a local nature. Consequently, they apply to a limited number of individuals, and their use is purely voluntary. Therefore, it is crucial to formulate the legal, fundamental foundations (principles) of future legal regulation and enshrine them in current legislation. Research results . A substantive analysis of the Azilomar principles has led to the conclusion that not all of them can be established as fundamental legal frameworks regulating the creation and use of artificial intelligence technology in the IT sector of the economy. Some of them overlap and overlap (for example, the principle of utility and universal benefit), while others (for example, fairness) are evaluative in nature and cannot fully serve as a mechanism for legal regulation. To develop a more comprehensive system of principles for the creation and use of artificial intelligence technology in the IT sector, the principles identified in national and international regulations, local acts of individual IT economic entities (IBM, Microsoft, etc.), and those proposed in doctrinal sources were analyzed. The need for using a number of these principles is substantiated. The authors formulate their own principles to be used in creating legal regulation for the use of artificial intelligence technology in the IT sector, and a system of these principles is proposed. The need to identify principles for the creation and use of large databases as a separate category is substantiated. Discussion and conclusion . An analysis of scientific approaches to the principle of liability has allowed us to formulate our own conclusions aimed at establishing the liable party. It has been proven that the liable parties for damages and/or losses caused by artificial intelligence should be the owners of the artificial intelligence, and compensation for damages/ losses should be covered by mandatory insurance.

The environment and the impact of human activities on the environment have been at the center of attention recently, and air transportation is a contributor to environmental emissions. This paper presents a model that measures the impact of technology and policy changes on future emission levels of the air transportation. The resulting tool models the environmental performance of aircraft and the resource allocation of airlines in order to measure the fleet-wise environmental impact of changes in technology as well as to assess the degree to which policy changes on environmental metrics are achievable. The tool tracks environmental impact in three forms CO2, NOX and airport noise while assuming a benevolent monopolistic airline serves passenger demand. The results reflect key relationships between emission levels, passenger demand, ticket price and aircraft technology over a period of several years.

Technological change in critical metallic mineral sub-sectors and its impacts on mineral supply: Evidence from China

The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.

Electronic signatures are ubiquitous. Anyone sending an e-mail or using a credit card uses one. They can have a bearing on all areas of law, and no lawyer is immune from having to advise clients about their legal consequences. This third edition provides an exhaustive discussion of what constitutes an electronic signature, the forms an electronic signature can take and the issues relating to evidence, formation of contract and negligence in respect of electronic signatures. Case law from a wide range of common law and civil law jurisdictions is analysed to illustrate how judges have dealt with changes in technology in the past and how the law has adapted in response.