ARCHIVE FOR 2024 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Январь 2024
CONTENT
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
