Courier of Kutafin Moscow State Law University (MSAL))最新文献_第10页

Classification of the Plant World as a Basis for the Formation of Floristic Law 植物界分类作为植物区系法形成的基础

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-02 DOI: 10.17803/2311-5998.2023.103.3.055-063

V. S. Eliseev

{"title":"Classification of the Plant World as a Basis for the Formation of Floristic Law","authors":"V. S. Eliseev","doi":"10.17803/2311-5998.2023.103.3.055-063","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.103.3.055-063","url":null,"abstract":"The article is devoted to the substantiation of the addition of natural resource law with the “Floral Law” branch. According to the author, not all flora has received proper legal foundation. As a basis for the definition of the plant world, it is proposed to use its classification according to two criteria: first, the territorial-target attribute of the lands on which plants grow; secondly, the sign of the usefulness-harmfulness of the plants themselves for the environment and humans. The legal of the last classification is superimposed on the first classification. The first classification allows us to consider floristic law in the widest possible way, including almost all types of flora. These relations are considered by various branches of law. In a narrow view, floristic law includes only landscaped urban areas located on the territory of settlements. These relations are currently regulated by regional legislation. This does not exclude the formation of an expanded understanding of floristic law, which, in particular, takes place in the Republic of Crimea. Basing on the analysis of the Russian legislation and laws on the flora of neighboring CIS states, the author comes to the conclusion that it is necessary to create the Federal Law “On the Flora of Russia” for setting the elements of both broad and narrow understanding of the scope of flora objects belonging to the floristic law: principles and tasks of floristic law (In the broadest sense), as well as establishing the competence of the regions, the scope of floristic law in a narrow (or extended) interpretation.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133066202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Greenwashing: a legal mechanism to counteract 洗绿:一种法律机制来抵消

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-02 DOI: 10.17803/2311-5998.2023.103.3.028-036

N. Voronina

{"title":"Greenwashing: a legal mechanism to counteract","authors":"N. Voronina","doi":"10.17803/2311-5998.2023.103.3.028-036","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.103.3.028-036","url":null,"abstract":"The UN Sustainable Development Goals until 2030 are aimed at solving global problems, including poverty and hunger, disease, unsanitary conditions, environmental pollution, consumer attitudes towards natural resources. Their solution is seen in the sustainable development of mankind. The basis of sustainable development is the responsible consumption of all sides of the greening process: states, business structures, society. The environmental agenda for the 21st century forms the trend of corporate governance based on the principles of ESG. However, a certain part of manufacturers, under the guise of a “green” mission, produce products that do not meet environmental requirements. In recent years, more and more people talk about greenwashing. Despite the fact that states are taking certain measures to counter greenwashing, its share is only increasing. The problem of greenwashing is multifaceted and includes unfair competition, violation of consumer rights, discredit of corporate social responsibility, restriction of intellectual property, underdevelopment of the market for environmentally friendly and organic products. If in foreign countries the problem of greenwashing has been discussed for several decades, in the Russian Federation attention has been paid to this problem only in recent years. The imperfection of legal regulation contributes to the development of greenwashing. The purpose of this article is to analyze the legislative requirements for manufactured products (using the example of agricultural and food products) and the processes of their production, processing, storage and sale, measures to counter greenwashing, identify legal gaps and formulate possible legislative proposals aimed at solving greenwashing problems. The experience of combating greenwashing in the countries — Russia’s strategic partners has been studied. Proposals have been formulated to improve the legal mechanism for counteracting greenwashing.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125621001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Regime of Water Covered Lands on the New Round of Development 新一轮开发中涉水土地的法律制度

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-02 DOI: 10.17803/2311-5998.2023.103.3.064-071

I. O. Krasnova

{"title":"Legal Regime of Water Covered Lands on the New Round of Development","authors":"I. O. Krasnova","doi":"10.17803/2311-5998.2023.103.3.064-071","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.103.3.064-071","url":null,"abstract":"The article provides a detailed analyses of the amendment to Article 102 of the Land Code of the RF introduced by the Federal Law dated 11.6.2021 No. 163-FZ. It is concluded that exclusion from the article of a provision that earlier prohibited creation of land plots on water-covered lands would cause uncertainty in correlation between land use and water use law in cases connected with allocating of water objects, including allocating of lands covered by waters into use. Another amendment that envisages that water covered lands entirely located within lands of other categories shall be excluded from the category — water covered lands, requires to review the institute of federal ownership of water covered lands and to add clarifications to land law concerning admissibility of general civil transactions rules to lands with water objects within other land categories, including land leasing rules without involving water law. As summarized, the author states that a new concept on separation of juridically indivisible water and water covered lands is being introduced into land and water law. To prevent legal uncertainties in law implementation and compliance it would be needed to harmonize respective provisions of land and water legislation.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114346846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legislation on the Protection of Atmospheric Air as a Branch of Legislation 保护大气空气的立法作为立法的一个分支

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-02 DOI: 10.17803/2311-5998.2023.103.3.048-054

V. Bykovsky

引用次数: 0

Environmental and Legal Support for the Implementation of a Pilot Project for the Creation of Carbon Landfills and Carbon Farms 为实施建立碳堆填区和碳农场试点项目提供环境和法律支持

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-01 DOI: 10.17803/2311-5998.2023.103.3.017-027

V. Agafonov

{"title":"Environmental and Legal Support for the Implementation of a Pilot Project for the Creation of Carbon Landfills and Carbon Farms","authors":"V. Agafonov","doi":"10.17803/2311-5998.2023.103.3.017-027","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.103.3.017-027","url":null,"abstract":"The article is devoted to the analysis and evaluation of the prospects for the formation and development of the legislation of the Russian Federation in the field of creation and operation of carbon landfills and carbon farms. According to the results of the study of regulatory legal acts and methodological documents in the field under consideration, legal problems have been identified that could potentially affect the provision of the strategic goal set in the documents of state strategic planning to achieve carbon neutrality of the Russian Federation by 2050.The conclusion is proved, according to which completely different areas of the natural environment are provided and currently used for the implementation of a pilot project for the creation of carbon polygons, while the current environmental legislation does not establish the specifics of the use and protection of natural resources and objects during the creation and operation of carbon polygons. At the same time, the legal regime for the use and protection of natural resources within the boundaries of the carbon landfill has not yet been created, nor has a unified legal model for the use of carbon polygons been formed.Based on the results of the study, the main directions for improving the current legislation on environmental and legal support for the creation and functioning of carbon polygons are proposed. Also, based on the results of the study, the conclusion is substantiated that there is a need for a separate comprehensive intersectoral regulatory legal regulation of the creation and operation of carbon farms created on the basis of existing carbon landfills, including regulation of the procedure for the creation, production and subsequent circulation of carbon units, the creation of a carbon unit trading market, a system for monitoring the circulation of carbon units, etc.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"217 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131493435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Topical issues of legal regulation of artificial intelligence in the context of the need to ensure national digital sovereignty during the period of sanctions pressure 在制裁压力时期需要确保国家数字主权的背景下，人工智能法律监管的热点问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-04-29 DOI: 10.17803/2311-5998.2023.102.2.177-186

A. A. Zhurkov

{"title":"Topical issues of legal regulation of artificial intelligence in the context of the need to ensure national digital sovereignty during the period of sanctions pressure","authors":"A. A. Zhurkov","doi":"10.17803/2311-5998.2023.102.2.177-186","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.102.2.177-186","url":null,"abstract":"The article analyzes the potential of using artificial intelligence technologies (hereinafter referred to as AI) for the purpose of reducing or preventing various kinds of risks for domestic business in the face of increasing sanctions pressure from a number of foreign countries, which reached unprecedented proportions after the start of a special military operation in Ukraine. The article discusses aspects related to the use of modern IT solutions by foreign countries for the purposes of monitoring compliance with sanctions legislation in relation to the Russian Federation, as well as ways to inform the domestic business community about the possibility of taking into account restrictive measures taken against it. The approaches to the definition of the concept of digital sovereignty are analyzed and its criteria are formulated. Based on the analysis of regulatory and doctrinal sources, it is shown that AI technologies are inextricably linked with ensuring national digital sovereignty, and the level of legal regulation should meet the demands of the present time.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"296 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114096731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal challenges in ensuring the cybersecurity of genetic data in the Russian Federation 确保俄罗斯联邦基因数据网络安全的法律挑战

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-04-29 DOI: 10.17803/2311-5998.2023.102.2.168-176

R. T. Baygarin

引用次数: 0

Internet law and cybersecurity of the PRC 中国互联网法律与网络安全

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-04-29 DOI: 10.17803/2311-5998.2023.102.2.162-167

S. Korolev, I. Lyalina

引用次数: 0

The Institution of Personal Information of Religious Nature: Definition, Structure, the Specificities of the Circulation in Cyberspace

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-04-29 DOI: 10.17803/2311-5998.2023.102.2.187-195

A. A. Tkachenko

{"title":"The Institution of Personal Information of Religious Nature: Definition, Structure, the Specificities of the Circulation in Cyberspace","authors":"A. A. Tkachenko","doi":"10.17803/2311-5998.2023.102.2.187-195","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.102.2.187-195","url":null,"abstract":"The article presents the author’s approach to the definition and structure of the institute of personal information of religious nature and the circulation of such information in cyberspace. The article offers the reader a definition of the mentioned institute as well as discloses the composition of the information and data that it includes. The article provides specific examples of such information and discusses foreign and international experience in defining and protecting it. It is argued that this institution is governed not only by the rules of information law but also by the rules of various branches of law. In order to confirm the proposed approach, an analysis of the various branches of the Russian legal system and the norms that make up the institute of personal information of a religious nature. The study concludes that the institute of personal information of a religious nature is complex and the need to develop special methods of inter-sectoral protection, as well as forming proposals for the standardization of processes of anonymization and de-anonymization of such information in cyberspace.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121638147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

About some Legally Significant Features of Cloud Computing Technologies 关于云计算技术的一些法律意义特征

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-04-28 DOI: 10.17803/2311-5998.2023.102.2.153-161

E. V. Kholodnaya

引用次数: 0