Courier of Kutafin Moscow State Law University (MSAL))最新文献_第3页

Problematic Aspects of the Communicative Component of Legal Proceedings 法律诉讼程序中沟通部分存在的问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-11 DOI: 10.17803/2311-5998.2023.110.10.038-046

Y. Komissarova

{"title":"Problematic Aspects of the Communicative Component of Legal Proceedings","authors":"Y. Komissarova","doi":"10.17803/2311-5998.2023.110.10.038-046","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.038-046","url":null,"abstract":"Today, the attention of lawyers is focused more on the issues of digitalization of legal proceedings in general and judicial communication based on the speech activity of participants in the process. The problems of legal proceedings as an independent type of social communication remain in the shadows. Since the testimony of participants in the proceedings is the most common evidence, law enforcement officers need up-to-date information about the specifics of their formation and receipt. Research conducted by psychological scientists in different countries of the world currently calls into question the possibility of using even bona fide participants in the process in evidence without additional verification of the testimony. Law enforcement officers are objectively unable to distinguish false memories from those related to events that actually took place. When checking the information provided by the participants in the proceedings, special knowledge from the field of linguistics, psychology, psychophysiology and related fields should be used. At the same time, the identification by expert means of signs of the participant’s awareness of a legally significant event or distortion of the information reported by him must be distinguished from the procedural evaluation of evidence.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"54 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139533632","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

Judicial communication as a object of legal regulation 作为法律规范对象的司法交流

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-11 DOI: 10.17803/2311-5998.2023.110.10.047-054

O. A. Sukhorukova

引用次数: 0

Appellation of Origin and Geographical Indication: Comparative Legal Aspect 原产地名称和地理标志：法律比较

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.174-181

M. N. Pankova

引用次数: 0

Informational, technological, economic and financial sovereignty as the newest types of autonomy 作为最新自治类型的信息、技术、经济和金融主权

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.214-222

M. V. Varlen

{"title":"Informational, technological, economic and financial sovereignty as the newest types of autonomy","authors":"M. V. Varlen","doi":"10.17803/2311-5998.2023.109.9.214-222","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.214-222","url":null,"abstract":"Currently, the problems of sovereignty in various functional areas have significantly expanded, which is naturally reflected in modern research, which is influenced by the processes of digitalization, technology development, and foreign policy aspects on the agenda.With progress and development, the newest threats to the Russian Federation have emerged, namely its independence and independence, which are inextricably linked and interdependent with the socio-economic development of the Russian state, the state of protection of its interests. The relationship between the established components of sovereignty — the supremacy and independence of state power throughout the territory as static elements with the functional side of the implementation of these components through new spheres of public relations is unconditional, and this fact should be taken into account in the current concept of sovereignty. The newest types of sovereignty highlighted in the article are objectively significant, but so far, in terms of the level of general theoretical elaboration, they are still “lagging” behind the “classical” theory of sovereignty that has developed within the framework of public law, both in terms of the scale of elaboration and in legal regulation.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"42 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138948896","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

Correlation of extraterritorial protection of exclusive rights to trademarks with protection of rights to domain names 商标专有权域外保护与域名权保护的相关性

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.138-146

A. O. Krylepova

引用次数: 0

Ethical Standards in Innovative Medicine 创新医学的道德标准

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.182-187

Kh. D. Pirtskhalava

引用次数: 0

Jurisdiction in Cross-Border Defamation Disputes 跨境诽谤纠纷的司法管辖权

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.086-097

L. V. Terenteva

引用次数: 0

Disputes from a Cross-Border Contract with a Chinese Contractor: Features of Recognition and Implementation of Decisions 与中国承包商的跨境合同纠纷：裁决的承认和执行特点

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.098-107

Y. Alimova

引用次数: 0

Legal regulation of the participation of artificial intelligence and other generators in the process of creating results comparable to works 关于人工智能和其他生成器参与创造可与作品相媲美的成果的法律规定

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.108-117

O. V. Lutkova

{"title":"Legal regulation of the participation of artificial intelligence and other generators in the process of creating results comparable to works","authors":"O. V. Lutkova","doi":"10.17803/2311-5998.2023.109.9.108-117","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.108-117","url":null,"abstract":"In the modern world, some components of legal relations that do not have legal personality — animals, technical devices, artificial intelligence systems — are able to generate results comparable to works. However, neither regulation of this process, nor legal protection regime of its results are provided in international treaties, and are established less than fragmentary in national law. In this regard, the following questions arise: are the results of the activities of the listed components protected under copyright law and who exactly is the author of such results — the owner of the animal/device/technology, or the direct creator of the result, who is not a human being. A general term “generators of results comparable to the results of intellectual activity” is introduced into the doctrinal turnover, by which it is proposed to understand a component of a legal relation that does not have legal personality in accordance with the law of modern states — animals, technical devices, artificial intelligence, etc., — which, participating in process, partly comparable to human creative activity, are capable of producing (generating) results comparable to objects protected by intellectual property law, in particular, works. Up to date, the idea of generators as objects, not subjects of law, has not been shaken, and copyrights are not granted to them. In view of the possible commercial and artistic value of the results of their “creativity,” it may be advisable to establish a special protection regime without granting anyone non-property (moral) rights, however, with the recognition of all or some of the property rights in the created object for the generator’s proprietor for a reduced period of time.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"2 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138952054","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

On the Value Content of the International Contractual Monetary Obligation in the Context of Digitalization of Means of Payment 论支付手段数字化背景下国际契约货币义务的价值内涵

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.118-127

I. M. Kutuzov

{"title":"On the Value Content of the International Contractual Monetary Obligation in the Context of Digitalization of Means of Payment","authors":"I. M. Kutuzov","doi":"10.17803/2311-5998.2023.109.9.118-127","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.118-127","url":null,"abstract":"The article deals with the problems of formation and change of the value content of contractual monetary obligations in international commercial contracts. The connection of the value content of monetary obligations with the dynamics of changes in the purchasing power of currencies used to denote the amount of monetary obligation is noted. The dependence of the monetary obligation to pay the contract price on the valuation of goods (services, works, intellectual property rights, information products) that serve as a counter representation is analyzed. Attention is drawn to the principle of nominalism, which retains its significance, historically developed in the legal doctrine and legal regulation of monetary obligations. The article highlights topical issues of stabilization of the value content of contractual monetary obligations, taking into account the property interests of the parties to an international commercial contract. The role of currency reservations in the conditions of changes in the purchasing power of the debt currency and the payment currency is shown. Various aspects of the value content of payment obligations involving the use of cryptocurrencies and digital platforms, including in the implementation of international settlement transactions, are considered.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138952492","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