Vol  6 - No 3 (2021)

 ACTUAL PROBLEMS OF MODERN LAW

AIUSHEEVA IRINA ZORIKTUEVNA

• HUMAN BIOMATERIAL AS AN «INK» FOR BIOPRINTING: PROBLEMS OF THE LEGAL REGULATION

Abstract. The relevance of the article is connected with the need to develop an adequate legal regulation of relations on the use of human biomaterial for "bioprinting" in connection with the development of additive manufacturing technology.

The purpose of this study is to determine the features of civil law regulation of human biomaterial turnover relations for the purpose of using organs and tissues for volumetric printing.
Human organs and tissues are recognized as objects of civil rights, while determining their legal nature is a problematic issue. Before separation from the human body, organs and tissues are not considered as independent objects, but after separation, biomaterials are objectified, which raises the question of under what relations – property (property or obligation) or non-property-rights to them are exercised? Are the contracts for their alienation named or are they independent contractual constructions?
The article examines the basics of the existing regulatory regulation of the relations of donation and transplantation, provides an overview of the existing scientific positions regarding the definition of the legal regime of human organs and tissues, provides a classification of biological objects, and analyzes the contracts on the basis of which the donation of cells used in the process of "bioprinting"is carried out.
It is concluded that the relations on the donation of cells for subsequent bioprinting can be mediated by a contract containing elements of a contract for the provision of medical services, as well as in terms of the provision of biomaterial of a currently unnamed cell donation contract. At the present stage, the provisions of the legislation on the transplantation of human organs and tissues may partially apply to these relations. In the case of further development of technologies, ensuring the possibility of cell sampling without the need for surgical intervention, such relations can be regulated by analogy with the legislation on blood donation and its components, in this case, cell sampling can be carried out on the basis of a paid contract.
Keywords: additive manufacturing; bioprinting; human biomaterial; bioethics; object of civil rights; turnover of organs and tissues; donation; transplantation.

 SOYFER TATIANA VLADIMIROVNA

• DIGITAL TRUST IN THE SHARING ECONOMY: LEGAL ASPECTS

 Abstract. The relevance of the issues considered in the article is predetermined by the development of digitalization processes, the emergence of new structures and relationships. Understanding the new categories will allow us to establish the best options for their legal regulation.

The main purpose of the study is to determine the features of the formation of digital trust in the conditions of the sharing economy; to establish legal means that can be used to maintain digital trust.

The article defines the general concept of digital trust and its expression in the collective use of goods and services; identifies legal issues requiring priority solutions to increase digital trust.

The analysis establishes that the further development of the sharing sector requires the creation of a digital environment of trust. This environment presupposes trust in digital technologies, in a specific digital platform, in its owner, and in persons interacting on the platform. Its formation requires the use of various legal means, including ensuring the safety, secure transfer and use of personal data; the necessary regulation of blockchain technologies; unification of the principles of operation of digital platforms and the formation of the reputation of persons interacting on them.

 Keywords:  sharing economy, digitalization, digital platforms, digital services, digital trust, reputation

PIKINA TATYANA VLADIMIROVNA

• RESTRICTIONS ON THE LEGAL STATUS OF A CITIZEN IN A PANDEMIC 

 Abstract: The current threat of the spread of coronavirus infection has made changes in many areas of activity of states and the population. These changes could not but affect the rights and freedoms of the individual, which were restricted in order to protect the health of citizens, which determines the relevance of the study conducted by the author.

The purpose of this article is to study the peculiarities of the formation of the legal status of an individual in the conditions of the spread of the pandemic. The author examines the actions of states to resolve the unfavorable epidemiological situation, which primarily affected the basic rights and freedoms of the individual and some of these restrictions caused misunderstanding among citizens, since there was no unified approach and unified methods of limiting the legal status during the pandemic.

As a result of the conducted research, the author concludes that there is no single mechanism for restricting the rights and freedoms of citizens during the pandemic, and delegating the right to restrict the legal status of citizens to individual officials leads to a contradiction with the provisions of the Constitution of the Russian Federation.

Therefore, due to the uncertainty of the continuation of the epidemic, there is a need to amend certain legislative acts regulating the regime of restrictive measures, the purpose of which will be to establish specific restrictions in the conditions of quarantine measures.

Keywords: restriction of legal status, pandemic, spread of infectious disease, Constitution of the Russian Federation.

SHEPELEV DENIS VIKTOROVICH, SHUSTOV GLEB OLEGOVICH

• THE LEGAL POSITION OF THE RUSSIAN FEDERATION IN RELATION TO THE OUTER LIMITS OF THE CONTINENTAL SHELF IN THE ARCTIC

 Abstract. This article examines the question of the ownership of the outer limits of the continental shelf and issues related to the legal justification for the assignment of these territories to the Russian Federation. The relevance of this topic is related to the growing interest of the Nordic countries in the Arctic territories in connection with the melting of ice and the opening of new trade routes, this interest is also justified by the economic factor.

The main purpose of the work will be the correlation of scientific concepts, consideration of the legal justification for the ownership of the continental shelf in the Arctic of the Russian Federation, analysis of the legal position of the Russian Federation in relation to the application to the Commission on the Limits of the Continental Shelf.

The key problem of the article is the correlation of the established scientific Russian and foreign concepts about the legal status of the Arctic, the identification of supporters of a fair approach that allows the Arctic states to fairly and proportionately claim the continental shelf.

The article includes sections devoted to: Russian and foreign scientific concepts on the Arctic, the position of the Russian Federation on the application to the Commission, the scientific analysis of the reasonableness of this application, the historiography of the scientific consideration of the issue of the legal claims of states to the Arctic, the theoretical and practical justification of the application of the Russian Federation.

The main conclusions of the article are the scientific, practical and international recognition of the sectorality of states in the Arctic, the need for a fair approach to the Russian Federation's claims to the Arctic continental shelf, the idea of the positivity of considering the Russian Federation's application for the outer limits of the continental shelf, which will allow the Russian state to significantly increase its economic base as a whole.

Keywords: Arctic, Continental Shelf, Outer Shelf Limit, Commission on the Limits of the Continental Shelf, Application, Delimitation, international law, law, digitalization

 Theory, history and practice of legal regulation of public relations

NECHUKHAEVA OLESYA VLADIMIROVNA 

• HISTORICAL ASPECTS OF DUE DILIGENCE LEGAL IMPLEMENTATION

Abstract. Due diligence as a practice has been, is and will be important when making transactions. Its relevance will increase more and more as active investment and sales procedures in both local and international markets are simplified. The understanding and standardization of this practice is gaining particular relevance. The key problem of the lack of standards of this practice and its increasing relevance makes us turn to the history of its emergence in various legal forms, historical and legal constructions.

This article deals with key points of reference to due diligence, in particular in Roman law, general law, international law, the securities market, banking law.

The conclusions of the article note that, despite the long period of due diligence existence and referring to it both in transactions and in international relations, due diligence should be applied to its description and the creation of standards.

Keywords: due diligence, audit, standardization.

 PIKIN IVAN VIKTOROVICH 

• FEATURES OF THE LEGAL STATUS OF THOSE SENTENCED TO PUNISHMENTS AND MEASURES NOT RELATED TO ISOLATION FROM SOCIETY, ASSOCIATED WITH PROPERTY RECOVERY 

Abstract. The article is devoted to the consideration of the issues of the legal status of those sentenced to punishments and measures not related to isolation from society, associated with property recovery. The author examines the peculiarities of the legal status of a convicted person, depending on the specific type of criminal punishment assigned to him, not related to isolation from society, associated with property recovery. As a result of the study, the author made a generalized conclusion about the peculiarities of the legal status of a person, depending on the amount of legal restrictions associated with the execution of a specific type of criminal punishment.

The aim of the study is to analyze the legal status of a convicted person depending on the application of a specific type of criminal punishment to him, as well as other measures not related to isolation from society. In the process of research, the author proceeds from the concept of the steam position of convicts, its consolidation in legislation and the scope of restrictions provided for by a specific type of punishment.

We believe that the peculiarities of the legal status of those sentenced to punishments and measures not related to isolation from society, associated with property recovery directly depends on the punishment imposed by the court and the peculiarities of its execution, the characteristics of the person in respect of whom this or that type of punishment is applied, as well as the characteristics measures of a criminal-legal nature, not related to isolation from society, associated with property recovery. In the process of executing the above punishments, the legal status of a person can be both improved (associated with the correction of the convicted person), and their scope can be expanded or toughened (in the case of malicious evasion from serving the sentence).

 Keywords: legal status, criminal penalties, other measures of state coercion.

 PICHUGIN, SERGEY ANDREEVICH  

• A PUBLIC FIGURE AS A VICTIM OF A CRIME UNDER ARTICLE 277 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: ISSUES OF DEFINITION AND QUALIFICATION 

Abstract. The relevance of the work is determined by the exceptional public danger of encroachment on the life of a state or public figure, as indicated by the sanction of Article 277 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation), which includes such types of punishment as life imprisonment and the death penalty. The main purpose of the article is to determine the characteristics of a public figure as a victim in the specified composition of the crime. The paper considers the issues of characterization of a public figure as a victim in the composition of a crime under Article 277 of the Criminal Code of the Russian Federation. Taking into account the considered doctrinal definitions and the analysis of literary sources, the signs are identified and the author's definition of the legal category "public figure" is proposed in relation to Article 277 of the Criminal Code of the Russian Federation. The article also touches upon the issues of qualification, including the differentiation of encroachment on the life of a public figure from related crimes, primarily from the murder of a person or his relatives in connection with the performance of his official activity or public duty (paragraph "b" of part 2 of Article 105 of the Criminal Code of the Russian Federation). Examples from law enforcement practice are given, including references to resolutions of the Plenum of the Supreme Court of the Russian Federation No. 1 of January 27, 1999 and No. 1 of February 9, 2012. As a conclusion, a proposal is made on the need for legislative consolidation in the text of the Criminal Code of the Russian Federation of the definition of the category "public figure", as well as the category "statesman".

Keywords: public figure, assault on life, punishment, crime, criminal law.

 SLESAREV VLADIMIR LVOVICH 

• RELATIONS ASSOCIATED WITH PARTICIPATION IN CORPORATE ORGANIZATIONS OR WITH THEIR MANAGEMENT, AS A SUBJECT OF CIVIL LAW REGULATION (PART 1)

Abstract. The relevance of the research topic is determined by the changes in the provisions of Article 2 of the Civil Code of the Russian Federation, according to which the subject of civil law regulation includes relations related to participation in corporate organizations or their management (corporate relations). The purpose of the work is to determine the legal nature of corporate relations. The author supports the division of corporate relations into basic and derivative ones. It is proposed to consider the relations of "participation" as corporate organizational and prerequisite ties, which are the basis of corporate relations that arise between the corporation and its participants, as well as with the participation of third parties. In the latter case, the relations of “participation” determine the conditions and procedure for the transformation of “classical” relations (obligations, non-property, etc.) into a single complex of corporate ties. The complex nature of corporate relations is noted.

Keywords: corporate law, subject of civil law, corporate relations, organizational relations, participation, management, corporation.

THE TRIBUNE OF YOUNG SCIENTISTS

PHILIPPOVICH ANNA VADIMOVNA

• THE CONCEPT AND FEATURES OF A CINEMATOGRAPHIC WORK

Abstract. The relevance of this research is due to the recent changes in the world film industry, which allow us to take a new look at the legal nature of a cinematographic work. The purpose of the article is to comprehensively study of the legal essence of a cinematographic work as a special result of creative activity, taking into account its specifics in the light of the new realities of the modern film industry. The author considers the features of a cinematographic work, and also evaluates the criteria for distinguishing between a cinematographic work and works expressed by a process analogous to cinematography. As a result, a conclusion is formulated about the existence of problems of legal regulation and ways of solving them, including through the further development of legislation, are determined.

Key words: audiovisual work; cinematographic work; work expressed by a process analogous to cinematography; means of cinematography; cinematography.

  PRIMAK VLADISLAV VADIMOVICH 

• ON THE EMPLOYMENT OF FOREIGN CITIZENS UNDER A CIVIL CONTRACT 

Abstract. The national legislation does not contain norms that fully regulate the employment of foreigners under a civil law contract. At the same time, international acts and bilateral agreements do not contain a single approach to regulating this type of activity.

According to the statistical data provided by the Unified Interdepartmental Information and Statistical System (EMISS), more than 15 million people arrived on the territory of the Russian Federation in the first half of 2019, while 2.4 million of them arrived for the purpose of work, which indicates the relevance of the problem raised in the text of the article.

Purpose: to analyze and identify the features of the norms regulating the employment of foreign citizens under a civil law contract.

The article presents an analysis of international legal acts and bilateral agreements between the Russian Federation and foreign states. The features of relations between specific states on the issues of regulating the labor activity of foreign citizens under a civil law contract are considered.

The author concludes that there is a gap in the national legislation and the imperfection of the conceptual apparatus, which, of course, can create difficulties in legal regulation. The author proposes to make appropriate changes in the Russian legislation.

Keywords: civil law; labor activity; employment contract; foreign citizens; Civil Code of the Russian Federation; civil law contract; international acts; bilateral agreements.