Magazine content за Январь 2024 г.
Magazine Cover
Press to zoom

Buy a PDF


mag->month > 0 ) { ?>

mag->getMonthString();?> mag->year;?>

mag->pdf_file): ?> sess && $this->sess->isArticlePayed()):?>

Январь 2024



Chief editor’s column



Interview of the issue


Topic of the issue

A.P. Sergeev, T.A. Tereshchenko To What Extent Are the Rules on the Protection of Honour, Dignity and Business Reputation Sufficient and Effective?
The article critically analyses the provisions of Art. 152 of the Civil Code of the Russian Federation on the protection of honour, dignity and business reputation. The authors, assessing the history of the development of this institution, show why modern problems and challenges require a qualitative modernisation of the provisions on the protection of these intangible objects. In particular, attention is drawn to the fact that the effectiveness of protection is impossible without the development of extremely laconic provisions on the protection of private life (Article 152.2 of the Civil Code), which, together with honour, dignity and business reputation, forms independent objects of protection – good name and reputation in the broad sense. Likewise, the article touches upon the debatability of the thesis that, as a general rule, only information of a defamatory nature can diminish honour, dignity and business reputation. The authors express reasonable doubts regarding the existing restrictions for protection against information that does not correspond to reality, the impossibility of applying Art. 152 of the Civil Code to cases of dissemination of truthful information and the general problem of the legislator’s “obsession” with compensation for non-property damage exclusively through the prism of the institution of compensation for moral damage.
Keywords: honour, dignity, business reputation, protection of privacy, protection of a good name, moral harm, effectiveness of protection, truthful information
Buy a PDF


E.I. Diskin Diffamation and Algorythms: New Dimension of the Old Problem
The issue of the protection of legitimate rights of persons who were defamed is not new in Russian legal science. The problem of protection of honour and dignity was known to classical Roman law and was the subject of study of Russian and Soviet lawyers. However, the classic civilistic constructions formulated in the Civil Code were formed during the era of domination of the classical mass media, especially the print media. The digital age is creating new challenges for the system of protection of the defamed that require a new vision of the appropriate protection tools, such vision being based on a deep understanding of the potential of Internet platforms to disseminate information, particularly as they apply algorithmic guidance to enhance the dissemination of information about actions of persons who may be the victims of defamation. In this article, the author explores the institution of defamation in Russian civil law and assesses its effectiveness in conjunction with information law institutions, concluding that it is necessary to supplement the legislation governing algorithmic recommendations.
Keywords: defamation, algorithms, information legislation, good name protection, internet platforms
Buy a PDF


T.S. Yatsenko Online Defamation and the Problem of Its Suppression by Civil Law Measures
The problem of online defamation relates to the inability of civil legislation to protect intangible assets on the Internet. Modern civil law does not regulate protection of honour, dignity, and reputation in accordance with the technical features of the Internet. The purpose of the article is to explore ways to solve the problem of online defamation. It concludes that the solution to the problem is possible by unifying the legal regulation of measures to protect against online defamation in different countries by fixing a single procedure for identifying anonymous Network users, regulating the duties of information intermediaries to identify online users and verify the published content, the conditions of responsibility of intermediaries for anonymous defamation.
Keywords: online defamation, civil law, anonymous user, information intermediary
Buy a PDF


E.A. Kapitonova Visual Fake Created Through a Neural Network: Socio-Legal Risks and Problems of Legal Assessment
The article provides current examples (as of August 2023) of the spread of visual fakes created as a result of using a neural network. Among the socio-legal risks associated with this phenomenon, the following are considered the presence of an effective tool for creating disinformation; the relative ease of using a neural network; the uncontrolled dissemination of the product; undermining of public confidence in the reliability of images and news; a threat to the honour, dignity, and reputation of individuals. The commitment of many national governments to the idea of prohibitions and restrictions on the dissemination of deliberately false information on the Internet, as opposed to the Network Neutrality movement formed in Western society, is stated. The author describes the difference between two basic approaches to countering fakes, conventionally designated as public-legal and private-legal. Russian legislation combines elements of both approaches – state coercion in the form of punishment with the possibility of filing defamation lawsuits. The analysis of the envisaged measures of civil, administrative and criminal liability is supplemented by an indication of gaps in relation to visual fakes created with the help of a neural network. The author presents her own vision of the formulation of the most important issues in this area and outlines possible vectors for their further analysis.
Keywords: artificial intelligence, intellectual property, creative work, plagiarism, legal status of the neural network
Buy a PDF


E.M. Kobzarenko 15 Problems of Civil Defense against Defamation
Civil cases on the protection of honour, dignity and business reputation represent a certain complexity, not only because their consideration affects all kinds of spheres of human activity, requires knowledge of the norms and rules of the Russian language, but also due to the presence of a number of procedural and substantive legal problems that significantly complicate legal proceedings in this category of cases. The author believes that the resolution of any problem begins with the recognition of its existence. However, the author attempts not only to name the existing problems in the field of civil protection against defamation, but also suggests some ways to resolve them. Comprehensive analysis of the norms of civil and civil procedural law on protection against defamation made it possible to identify significant contradictions and gaps in legislation in this area that need to be filled as soon as possible.
Keywords: honour, dignity, business reputation, defamation, legal proceedings
Buy a PDF


E.A. Tolmacheva The Possibilities Of Legal Self-Defense of Persons in the Dissemination of Information Damaging Their Business Reputation
The dissemination of information discrediting the business reputation of an organisation or a citizen is one of the main factors hindering the normal economic or professional activities of a person, as well as entailing financial losses and loss of trust on the part of counterparties and (or) clients of a person. At the same time the potential or already incurred damage, especially in view of rapid development of modern information and telecommunication technologies, should be levelled not only through jurisdictional protection, but also in the form of legal self-defense, which, unlike judicial and other jurisdictional protection of law,takes a variety of forms and differs as to the speed of implementation. But the analysis of available possibilities of legal self-defense revealed that not all forms of self-defense of business reputation are equally effective. Thus, the placement of the response, replica or comment of the affected person in the media or other data sources that are available to counterparties and clients of the person, including with the application of evidence of inconsistency of defamatory information with reality, is clearly more effective than attempts to remove defamatory information from a specific source: this is because of almost uncontrolled dissemination of information on the Internet and the possibility of duplicating this information on other media. In addition, it should be noted that the self-defense of business reputation must meet the conditions of proportionality and ethical correctness, since otherwise the protection of the right may take the form of an offense and present the affected person as intolerant to negative opinions about him, after which the general public will be reluctant to deal with him, which may entail additional losses due to the refusal of clients and counterparties to enter into any legal relationship with this citizen or organisation.
Keywords: business reputation, protection of business reputation, defamation, legal self-defense
Buy a PDF


The Event. Comments of the Experts


Discussion Board

S.M. Kovalevsky, N.N. Timofeeva, A.V. Plotnikov, A.A. Shmantsar Actual Issues of Civil Liability Insurance of Owners of Vehicles
The article is devoted to actual questions of conclusion and execution of contracts of compulsory insurance of civil liability of owners of vehicles, realisation of insurance payments, and also responsibility for non-fulfilment or improper execution of obligations under contracts of compulsory insurance of civil liability of owners of vehicles.
Keywords: compulsory insurance of civil liability of owners of motor vehicles, compulsory insurance, conclusion of insurance contracts, insurance payments, direct compensation of losses, liability for nonfulfilment of obligations
Buy a PDF


Legal Chronicle
In the January Chronicle we offer commentaries on the new employment law, the Supreme Court Plenum’s decree on unauthorised constructions and changes in legislation on personal data protection.
Keywords: real estate, unauthorised construction, demolition of unauthorised construction, bringing unauthorised construction into compliance with established requirements, construction permit, liability for unauthorised construction, labor, employment
Buy a PDF


Press Release


Theory and practice

V.L. Tolstykh, A.S. Kudinov The Conflict Between Palestine and Israel: the Dynamics of International Legal Qualification
International law has played an ambiguous role in resolving the conflict between Palestine and Israel: on the one hand, the UN General Assembly and Security Council assessed Israel’s activities in the occupied Palestinian territories by applying its rules; on the other hand, it de facto authorised the formation of the state of Israel and the occupation of Palestine in violation of the Palestinians’ right to selfdetermination. This article is a continuation of other articles published in 2018 in the Russian Law Journal. After summarising the main stages of the conflict’s development and highlighting its elements, the author identifies the features of international law which influence the qualification of the conflict, describes the main instruments used for the qualification, identifies the peculiarities of the legal rhetoric of the both parties, and focuses on the three most important problems of the qualification. He then assesses the prospect of the judicialisation of the conflict (its referral to international courts) and the application of the law of international responsibility to it. In the author’s view, the real regulators of the conflict are military power and political calculations; this conflict therefore reveals two important features of contemporary nternational law: first, it reveals the inherent inefficiency of the secondary rules of international law and its institutional mechanisms, unable to ensure the high values proclaimed by the primary norms; second, it confirms K. Marx’s famous thesis – “Between Equal Rights the Force Decides”. Indeed, the principle of formal equality, which is the very essence of the international order, does not exclude but presupposes recourse to force to resolve conflicts in which each party is able to formulate arguments based on international law.
Keywords: international law, international security, international dispute resolution, self-determination of peoples, occupation, international responsibility, counter-terrorism
Buy a PDF


V.M. Zaripov The Concept of the Economic Basis of the Levy
The author proposes that the economic basis of the levy (sbor) should be understood as the need to cover the aggregate costs of authorised persons performing legally significant actions. Meanwhile, the author points to the dual nature of certain payments: a number of levies have elements of both levies and taxes (fiscalisation of levies).
Keywords: tax, levy, duty, licence, economic basis of the levy
Buy a PDF


A.S. Selivanovskiy Coupon Rate on Bonds: Existing Rules and the Issuer’s Good Faith
The article presents a research of the conditions for calculating interest on the nominal value of bonds. The question is raised about the integrity of issuers when establishing the amount of coupon payments according to the formulas established by the bond issuers themselves.
Keywords: bonds, securities market, issuer, bond coupons, qualified investor, retail investor, interest-bearing bonds
Buy a PDF


E.N. Karabanova Age Criterion of Criminal Law Capacity of a Person
Tort capacity is the central institution of any branch of law that regulates tort relations. Determining the procedure and conditions for bringing subjects to responsibility, fixing the types and sizes of punishments to which they may be subjected, the legislator has no right to ignore the fact that the delinquency of these subjects is predetermined by their properties. Criminal law has a special role in the system of regulation of tort relations. Among all offenders, criminals are subject to the most severe measures of state-legal response. This article is devoted to the study of one of criteria of criminal law capacity – the age at which an individual can be held criminally liable, as well as the problem of the so-called age-related insanity of minors, which excludes the possibility of their participation in tort legal relations. The article presents a synchronous comparison of approaches to establishing the age of criminal responsibility adopted in the international community and in individual countries, as well as a diachronic comparison of these approaches in Russian criminal law. Regularities are revealed between the difference in approaches to determining the age criterion of criminal law capacity for delinquency and the difference in the scope of measures of state coercion applied to juvenile offenders. Three principles of establishment and differentiation of the named age criterion are defined. The examples of the current criminal legislation illustrate the adverse consequences of non-compliance with these principles. Based on the analysis of judicial practice, the problems of legislative regulation of the age-related insanity of a minor who has committed a socially dangerous act have been identified. The conclusion is made about the possibility of a conflict between the principles of establishing the age of criminal responsibility and ways to achieve a balance of general and private interests are proposed.
Keywords: the subject of the crime, age of criminal responsibility, age insanity, juvenile delinquent
Buy a PDF


K.A. Sasov Compensation by the Head of an Organisation for Tax Damage Caused by It: How to Protect Your Property Rights and Legal Interests
It seems inadmissible when a person guilty of non-payment of taxes by an organisation repays the damage to the budget from its own, but not from illegally saved funds. Taking into account the latest legal positions of the Supreme Court and the Constitutional Court the practice of compensation of tax damage to the organisation from its head within the framework of a civil action in a criminal case on the basis of paragraph 1 of Art. 15 and Art. 1064 of the Civil Code should be clarified.
Keywords: subsidiary liability, legal procedure of tax arrears recovery, constitutional principles, protection of property rights
Buy a PDF


D.A. Erygin Disadvantages of the Current Procedure for Granting Subsoil for the Formation of Specially Protected Geological Objects
The article is devoted to the study of problems of legal regulation of granting the subsoil use right for the formation of specially protected geological objects. A number of shortcomings of the procedure for granting such a right is identified, including the lack of obligation of the State agencies to verify the mining legal capacity of the applicant. Particular attention is paid to identifying the content and legal nature of the concept of recognition of a subsoil area as a specially protected geological object. The author concludes that the recognition of a subsoil area as a specially protected geological object is essentially the establishment of a regime of specially protected natural territory in relation to such area. The argument is substantiated that within the procedure for granting the subsoil use right for the formation of specially protected geological objects the key importance should be given to the analysis of the applicant’s proposals on the terms of use of the subsoil area to determine whether they ensure the rational use and protection of the subsoil area, effective and safe use of the specially protected geological object for the purposes planned by the applicant. In the conclusion there is a proposal on the need to make a number of amendments to the by-law establishing the procedure for granting subsoil use right for the formation of specially protected geological objects in order to eliminate a number of identified defects in the subsoil legislation.
Keywords: mining legislation, rational use and protection of subsoil, licensing of subsoil use, granting the subsoil use right, specially protected geological objects, specially protected natural areas
Buy a PDF