BRICS Law Journal最新文献

{"title":"BRICS in Creating Digital Educational Environments: Social and Legal Aspects of ‘A New Normal’","authors":"Tatiana Pletyago, S. Antonova","doi":"10.21684/2412-2343-2023-10-2-101-122","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-2-101-122","url":null,"abstract":"The global challenges brought about by the recent pandemic outbreak of COVID-19 have forced many countries to seek out effective digital tools for supporting higher education. The issue of not only the technological complexity of the digitalization of education but also the necessity to develop and standardize the social and legal frameworks of E-education in the BRICS countries has become acute. This article examines how the BRICS countries regulate the digital transformation of higher education and discusses the changes that need to be made to social and legal regulation in order to accommodate the process of digital transformation. The authors’ research leads them to the conclusion that the process of social and legal modification of higher education in the aspect of its digital transformation is patchy. On the one hand, it is forced by unpredictable global challenges like the pandemic outbreak. In this aspect, the digital transformation across the BRICS countries tends to be rather international. On the other hand, the absence of common settings and digital standards within the BRICS countries could intensify the digital stratification among universities and lead to a decrease in the quality of higher education. The authors propose the establishment of a set of common digital standards that comprise a unified ecosystem of digital tools and services, a common model for a “digital university,” unified standards of digital competences and educational services, frameworks and standards of technical modernization as the basis of digital transformation and the creation of a common technical landscape.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45525880","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}

{"title":"‘Power’ and Technological Machines: Dreams Are Replaced by Goal-Setting","authors":"I. Isaev, S. Zenin, V. Rumyantseva","doi":"10.21684/2412-2343-2023-10-1-171-185","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-171-185","url":null,"abstract":"Modern technologies are rapidly changing the customary forms of being and reshaping the activities of social institutions. This transformation is accompanied by a belief in a long period of sustainable progress brought about through the media, the Internet, mobile telecommunication, robotics and artificial intelligence. Previously, science fiction as a literary genre served as an impetus for science and technology, today, the exact opposite is happening, i.e., scientific and technological breakthroughs inspire a variety of fantastic plots. The problem of gaining a scientific understanding of the mechanization of civilization has become a reality. Machines and technologies influence politics by some means or another. Previously differentiated forms of “the political” also show tendencies towards convergence and interpenetration. In this process, neutral technology tends to exhibit globalism, spreading its influence and its results to the whole world. Rationalization, without which techniques and technologies are unthinkable, revolutionizes the environment by offering its own logic and language to public and individual consciousness. As a result of the pacification of the irrational, structures of power and law frequently find themselves in a situation of isolation that is characterized as “lacking spirituality” and outside the interests of society. The technical elements are increasingly replacing the human elements. Formerly held humanitarian and organic ties are being replaced by technical, ethically neutral methods. Every “power machine” wants to appear impartial and objective in its actions and decisions; yet, even though the machine has no fate, it cannot avoid accidents. The tendency to evaluate everything in terms of numbers – both infinitesimally small and infinitely large can be traced back to antiquity. Machinery needs an accurate calculation of probabilities: it focuses on foresight; therefore, it embodies a “process” and cares not about tradition, but only about the stability of the system. The machine begins to live for itself and for its future.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44893191","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}

{"title":"Legitimate Expectations of Privacy in the Era of Digitalization","authors":"E. Ostanina, E. Titova","doi":"10.21684/2412-2343-2023-10-1-109-125","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-109-125","url":null,"abstract":"This article contends that in the present era of digitalization people’s right to privacy should be protected no less than it was before the widespread use of digital technologies. When taking into account the fact that digitalization has led to a greater exchange of information, it is important that the ways and forms of protecting privacy undergo certain changes. Firstly, more emphasis should be placed on the use of methods for the self-protection of privacy rights, including restricting access to information and configuring website settings so that reviews and comments can be posted only by registered users, and not anonymously. Secondly, the legal means of protection should be improved to prevent violations of privacy rights from occurring as well as to ensure that rights which have been violated are properly restored. In the event of a violation of the secrecy of personal data, the authors recommend the use of class actions. When a violation of the secrecy of correspondence, medical information or telephone conversations by a business entity or the owner of a website occurs, a claim for compensation for moral damage should be available. However, the authors of the article propose modifying such a claim for compensation for moral damage to more closely model a claim for the recovery of punitive damages. Furthermore, the authors establish a connection between the protection of the right to privacy and the variety of relevant information on the topic that is freely available.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46522965","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}

{"title":"Criminal Liability for Cybercrimes in the BRICS Countries","authors":"L. Ivanova","doi":"10.21684/2412-2343-2023-10-1-59-87","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-59-87","url":null,"abstract":"One of the areas of cooperation among the BRICS countries is tackling the misuse of information and communication technologies for criminal activities. Each year, the number of cybercrimes continues to grow. Furthermore, the criminal regulation of cybercrimes in each country differs. This article aims to identify the features of criminal liability for cybercrimes in the BRICS countries and offer potential solutions for developing joint legislation initiatives. The primary focus of this discussion is on cybercrime provisions that can be found in the legal acts of the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa. The main finding of this research is that the criminal law of each country contains different corpus delicti for dealing with crimes committed in cyberspace. There are also differing conceptions of what constitutes cybercrime. The author proposes the enactment of a common document for the BRICS countries that would contain a shared understanding of cybercrimes as well as the various types of cybercrimes. It is possible to divide cybercrimes into two categories: special cybercrimes committed in the field of computer information and general criminal cybercrimes executed using information technology to commit any other common criminal offences. The results of this research can be used to study the problems of criminal responsibility for cybercrimes in the BRICS countries as well as analyze the ways in which the rules under consideration are actually applied in practice.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45886400","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}

{"title":"Features of the Application of Digital Technology in Criminal Proceedings of the BRICS Countries","authors":"G. Rusman, E. D'Orio, E. Popova, P. Kipouràs","doi":"10.21684/2412-2343-2023-10-1-35-58","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-35-58","url":null,"abstract":"The current pace of technological development creates new opportunities for improvements in various spheres of human activity, including the sphere of criminal proceedings. In the BRICS countries, the achievements of modern technological developments, in particular the use of digital technology in criminal proceedings, have their own unique characteristics. This article describes the current state of criminal proceedings in the BRICS member countries. The authors analyze practices in criminal proceedings with the aim of identifying best practices, advantages and disadvantages of using digital technology in the criminal justice sector, as well as outlining prospects for the development of this technology in the BRICS countries. The authors come to the conclusion that the use of digital technology in criminal proceedings should contribute to increased access to justice, procedural economy and effective investigation, and as a result, a fair verdict in criminal cases in all of the BRICS member states.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44799768","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}

{"title":"Guest Editors’ Note on Law and Digital Technologies: The Way Forward","authors":"E. Gromova, D. B. Ferreira","doi":"10.21684/2412-2343-2023-10-1-5-6","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-5-6","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48161515","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}

{"title":"The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries","authors":"A. Dmitrieva, Shadi A. Alshdaifat, P. Pastukhov","doi":"10.21684/2412-2343-2023-10-1-88-108","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-88-108","url":null,"abstract":"This article analyzes the information and technological advancements made by the BRICS countries in the field of criminal proceedings, specifically in the process of gathering evidence in criminal investigations. The relevance of the research topic is explained by the widespread proliferation of computer-related crimes and other crimes committed using computer technologies. With the increase in cybercrime, the number of digital traces left behind by criminal activity is also increasing. This calls for the development of a new approach for detecting, recording, erasing and investigating these digital traces. Given the transnational and cross-border nature of cybercrime, it is necessary to pursue a policy of interaction among the law enforcement agencies of the BRICS countries in order to effectively provide legal assistance in criminal cases, preserve the electronic data obtained from users of information and telecommunications systems and transfer the data to interested countries upon request. This will aid in the formation of a regulatory framework for the information technology sector that meets modern challenges and requirements. Additionally, it is critical to borrow best practices in order to harmonize the criminal and criminal procedure legislation of the BRICS countries, as coordinated activities will ensure closer cooperation between the countries in the socio-economic and cultural spheres, allowing for the achievement of greater results in these areas. Furthermore, the article demonstrates a new approach to the study of the comparative legal nature of the various legal systems in the BRICS countries. The conclusion reached is that the harmonization of criminal procedure systems essentially comes down to the detection of electronic data, the recording of that data in electronic form, the storage of case materials and the submission of those materials to the court in electronic form. The legal consolidation of these steps will make it possible to introduce electronic document management, thereby enabling the optimization of criminal procedure activities, the objective recording of evidentiary information and the assurance of savings in material and procedural costs associated with criminal proceedings.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47011209","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}

{"title":"Review of the Monograph “Law of the Digital Environment” (Tikhon Podshivalov et al. (eds.), 2022)","authors":"I. Begishev","doi":"10.21684/2412-2343-2023-0-1-186-194","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-0-1-186-194","url":null,"abstract":"In the era of digitalization, a rapid development of technologies takes place in various spheres of human activity. The pace of introduction of these digital technologies is so high that a gap has emerged, and is constantly growing, between the capabilities of digitalization products and the legal regulation of their application and the consequences to which their erroneous or intended use may lead. The applied aspect of regulation of legal relations within the digital environment, caused by the need to operatively react to the rapidly developing digital technologies, is currently to a certain extent outrunning the theoretical one, entailing a number of legal collisions, as only fundamental scientific substantiation of introduction of certain legal norms may guarantee their consistency and legality. Most of the works in this sphere are, undoubtedly, fundamental, but they mainly refer to individual aspects of legal regulation or theoretical substantiation of the large-scale problem under consideration. In this regard, it is acutely necessary to systematize the current experience in substantiating various approaches to the legal regulation of public relations in the digital environment, which would comprise fundamental positions of researchers from different countries. This task was posed by the multi-national collective of the monograph “Law of the Digital Environment,” the first large-scale research synthesizing theoretical and practical studies in the sphere of legal substantiation and support of events, phenomena and processes taking place in the digital era. Such work can undoubtedly be called a discovery in the sphere of digital law and an “encyclopedia” of the legal field under study.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43227208","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}

{"title":"The Legal Issue of Deterrence of Algorithmic Control of Digital Platforms: The Experience of China, the European Union, Russia and India","authors":"Y. Kharitonova, N. S. Malik, T. Yang","doi":"10.21684/2412-2343-2023-10-1-147-170","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-147-170","url":null,"abstract":"The authorities in a number of states are concerned about the need for public disclosure of the recommendation algorithms that are used in online services. The introduction of regulations aimed at software developers is frequently proposed as a potential solution to this problem of algorithm transparency. These requirements, which must be fulfilled by the developers of software products, can be administrative regulations or standards regulations. However, despite these efforts, in the absence of direct legislative regulation, users continue to encounter the possibility that a social network feed or a search service result may present content that is unequal or unclear. This is due to the fact that the logic behind these recommendations is not clear and is concealed by IT giants. The following are among the main provisions of legislative initiatives: the liability of digital platforms to publish the mechanisms of recommendation services, the responsibility to inform the user about the processing of personal data and the possibility for the user to refuse such processing. States have recognized the problem and are approaching it from different positions. Each region chooses what to prioritize in terms of the law. We see that for China and Europe, all areas of platforms are important, whereas for Russia, news platforms and video hosting are of interest and for India, social media is the most important platform category. However, in all of the countries, the requirements for the disclosure of the recommendation engine to a certain extent are expanding. The amount of information that is publicly available as well as the order in which it is disclosed are both variable. This study demonstrates the commonalities and differences in the approaches taken by various countries.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44377633","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}

{"title":"The Level of Cybersecurity of the BRICS Member Countries in International Ratings: Prospects for Cooperation","authors":"O. Ovchinnikova, N. K. Upadhyay","doi":"10.21684/2412-2343-2023-10-1-7-34","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-1-7-34","url":null,"abstract":"Creating a legal framework for cybersecurity is a key factor in the digitalization of an economy. The interaction between the BRICS member countries has undergone a digital transformation, which has improved their ability to work together economically and strengthened the growing influence of these countries in the international arena. The purpose of the present study is to determine the potential of the BRICS member nations to form a joint cybersecurity strategy. The authors put forward a hypothesis that the formation of an effective cybersecurity system is possible only with a sufficient level of development of information and communication technologies and a high degree of digitalization of interstate governance. The scientific novelty of this research lies in its complex approach to the scientific and theoretical analysis of the problems of ensuring cybersecurity in the BRICS member countries, on the basis of which it identifies the common areas for cooperation. The research methodology is based on establishing a correlation between the indicators of e-government development and the criteria for state cybersecurity, followed by a comparative analysis. As a quantitative indicator, the authors use the data of the E-Government Development Index for the BRICS member countries from 2010 to 2018. Additionally, the level of maturity of each country’s national cybersecurity system is reflected in the rating of the International Telecommunication Union (ITU). Based on the ITU rating, we assess the cybersecurity efficiency of the BRICS member countries versus other countries. The findings of the research lead the authors to the conclusion that state control over cyberspace and the availability of a national strategy are prerequisites for achieving a high level of cybersecurity.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45082570","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}