Vol 3, No 3 (2017)

«LAW, INFORMATION SOCIETY AND TECHNOLOGY». INTERNATIONAL RESEARCH
AND PRACTICAL CONFERENCE, SAMARA, NOVEMBER 16, 2017

In the article the issues appearing at solving integrated, interdisciplinary tasks
appearing at the junction of such research areas as jurisprudence and modern infornation
technologies are viewed. Indeed, at present all the most developed countries of the
world are on the stage of creation and development of their state institutions on the
basis of such fundamental notion as «Information Society». Today the level of
development of information technologies in any state ensures the corresponding level
of production and social relations, i.e. the quality of life of population. In particular
the creation of unified digital legal framework of state is beñîming a strategic task.
From its solving not only effectiveness of management of state, but the very existence
of state hinges on. And for solving this task integration interaction of lawyers and
specialists in the sphere of information technologies is necessary. Moreover, the
author states that only modern information technologies can either fully win corruption
in our country, or, at least, ten times reduce the number of economic crimes.

The article analyses the problems of ensuring the constitutional characteristics of the Russian Federation as a welfare state in conditions of the development of information society. Based on the analysis of state policy in the field of information and measures for its implementation, it is concluded that it is necessary to take into account the patterns of network relations in lawmaking and law enforcement. It is proposed to highlight the information aspect of social state, the most important role of which is played by intellectual resources. Particular cases of restricting the rights of Russian citizens to access to information are considered and the readiness of state and its bodies to implement the information aspect of social state is evaluated.

In the national legislation, there is no definition for the concept of ‘electronic
media.’ Informational resources from the internet network that claim to be electronic
media must be registered under the established lawful order. The first certificates
regarding the registration of electronic media were issued by the Ministry of Press
Affairs and mass communication in 1996. In some countries, all the electronic
resources were equal to mass media: websites, chats, blogs, internet shops and digital
libraries. May 9th, 2017 the President of the Russian Federation signed a decree
Nî 203 regarding the “development strategy of the information society in Russia for
the years 2017 to 2030.” In that strategy the concept of information society is defined
as a society where the information and the level of its usage and accessibility, affect
the economic and sociocultural living conditions of Russian citizens in a drastic
manner. As of today, there is a lack of international legal mechanisms that allow for
regulation in the information fields of different states. The national legislation is
insufficiently adapted to the constantly emerging issues of regulation of the relations
in the sphere of electronic media and information.

The article analyzes value of information in causing harm in the future (Art. 1065 of the Civil Code of the Russian Federation). Within structure of tort obligation not finishing information in general or in a part to interested persons, or deliberate concealment of information refers to illegal actions. Such actions are a potential cause of the occurrence of injury; and damages gives rise to tortious liability in the presence of such conditions as the fault of the person and a causal relationship between the wrongful action and the injury.                                                                           The author systematizes such actions in several groups, distinguishing, firstly, actions that can cause harm to the environment; secondly, actions for unauthorized construction of an object which is not related to real estate; the third group is made by actions for concealment of information about goods, which has to be brought to citizens-consumers; the fourth group is formed by actions of authorities and persons, carrying out works (rendering services), which may create a threat to residence (location) of individuals.

The article systematically discovers the issues of disclosure of information about legal entity participants in the united state register of legal entities, taking the principal of public confidence into account. The author discovers the essence of principle, taking attention to defects of its legislative realization; describes so called step-like approach in legislative forming of data list about participation in organization, and deviations from the approach during law enforcement (which demands appropriate novation of law); argues for need of detailed establishing of algorithm of nullifying a record of falsity of legal entity data. Special attention is paid to the issue of correlation of state register and list of participants of limited liability company in their content, legal force and publicity; at the same time it is said that the differentiation of register and list (including substantial) and it is supposed about perspective directions of such differentiation.

In this article, the issues of improving the legal regulation of consumer rights protection of the digital market in the Russian Federation are considered, taking into account the analysis of foreign experience and recommendations of international organizations. Electronic commerce with the participation of consumers (B2C market segment) is developing at the fastest rates, and in some foreign countries it reaches 10-20% of the trade turnover. Meanwhile, a number of issues related to the protection of consumer rights of the digital market remain unresolved. The article examines the legal status of new participants in electronic commerce, for example, aggregators, including trade aggregators, aggregators of social networks, possible types of violations of consumer rights are analyzed and proposals on the need to regulate their rights and responsibilities in the digital market are submitted. If the aggregator in the field of
electronic commerce is allowed to conclude contracts with consumers, accept payments
from customers, transfer to the account of the seller, it must be a financial organization
under the control of the Bank of Russia, which by legal status will be close to a clearing organization and a central counterparty operating in the financial markets. With the advent of new types of digital markets, for example, 3-D printing markets, new objects of sale and purchase, including 3D (three-dimensional) drawings (models) that can not be qualified either as goods (services) as objects of civil rights , nor as a database or a computer program (Article 1261 of the Civil Code of the Russian Federation). They are complex objects - graphics solutions, enclosed in threedimensional designs, protected by copyright rules. The article analyzes the norms of Russian, foreign and international legislation, makes suggestions for improving the current legislation.

The article highlights the problems and perspectives of development of digital economy in Russia, evaluates the challenges that the Russian legal system will face while transfering to digital economy. The author specifies and analyzes a number of approaches to the definition of the term «digital economy» existing today, and concludes that it is necessary to refine the category «digital economy». The spheres of social life, where the need of improving legal regulation, based on the needs of digital society, has already or will soon emerge are predicted in the article.

In this article the author discusses some problematic topical issues of information security in society and state; defines the phenomenon of «Information security»; addresses private law and public-legal means of its ensuring in the modern world. Based on the study and analysis of the current situation in a dynamic and developing world it was found out that to mass media, including electronic ones, belong one of the leading roles in the processes of integration and globalization. Without proper and adequate information security we can not speak about any efficiency and productivity of domestic and foreign policy of our state. The article reveals some gaps and conflicts of the current legislation of the Russian Federation in this sphere. It is noted that this problem is insufficiently studied and requires further research by scholars and practitioners. Definite conclusion about the need for early development of the concept of information security of Russia, including through the modernization and improvement of normative legal acts is made.

In the article at the doctrinal level the current state of the criminal legislation in the field of protection of relations of property is analyzed. Crisis of the ideas of criminal law in appropriate criminal legal protection of the relations of property is shown. The reasons, signs and the main regularities of transformation of criminal legal protection of the relations of property at the present stage of development of information society and multistructure economy are established. It is noted that the science of criminal law can’t resolve now a fundamental problem of adequate criminal legal protection of the relations of property therefore it isn’t possible to formulate effective model of protection of real and obligations legal relationship in new economic conditions. The criminal legislation in a question of designing of responsibility for crimes in the sphere of economy can’t be considered firm and settled. The existing rules based on former postulates aren’t capable to give a further impetus for development of basic provisions of the concept of modernization of criminal liability for crimes in the sphere of economy. For the first time in the doctrine of criminal law the theoretical model of crimes against a turn of objects of the civil rights is offered.

The article is devoted to the topical issues of the application of the electronic monitoring system of accountable persons in the penitentiary system of the Russian Federation. Including a certain open form of monitoring such form of punishment as restriction of liberty and a measure of a criminal-legal nature – house arrest. The author studies the legal framework for the use of electronic bracelets for convicts, the main functional capabilities of the elements of the electronic monitoring
system of accountable persons, the responsibilities for the application of the system by the criminal executive inspections. The paper also considers a new model of control over certain categories of convicts that are not related to the actual serving of punishment in places of deprivation of liberty, which requires certain improvements and improvements at the local level.
Problems are identified in financing the purchase of the necessary amount of technical equipment at the proper level, it is proposed to establish a special department for repair of equipment with the establishment of specific deadlines.

The study of theoretical and applied aspects of genomic registration of citizens is currently an actual and important direction for forensic science and practice. Thus, modern criminalistics as a branch of criminalistics presupposes the use of innovative developments and scientific potential as one of the main directions of development. The use of genomic registration results in the disclosure and investigation of crimes is one of the ways to identify the perpetrator, protect the rights and legitimate interests of victims of crimes.

The article is devoted to the problem of today of application of 3-d technologies in the crimnal procedure of the Russian Federation. In the article the content of notions «modeling method» and «3-d modelling» is revealed. The authors come to the conclusion that simplicity and availiability of modern means of 3-d scanning and modelling allows to simulate events that can’t with sufficient completeness be reconstructed by an investigator and by an expert-criminalist. As an example we view situations of road accidents, computer crimes, legalization of money laundering et al. In the article foreign practice of the use of 3-d modelling in the investigation and considering criminal cases at court is analyzed. The authors come to the conclusion that in the countries of common law legislator admitted the presentation of evidences at court by means of 3-d models as not violating the adversarial principle and the principle of equality of parties. The authors of the article carried out analysis of modern means of 3-d scanning and modelling concerning their availiability and applicability for solving
problems of the criminal procedure. The obtained results allowed to come to the conclusion that existing software programs don’t allow to apply their results as independent forms of evidence on a criminal case. The conclusion is formulated that the use of 3-d modelling in the process of proving on criminal cases and their considering at court can be viewed as acceptable if consider that modelling is not an independent evidence but is used as a means of presentation of other evidences existing at court.

Legal personality rarely appears as a subject of study in the science of criminal process. The emergence of new information technologies expands the capabilities of scientists in many areas of research, including the one indicated. In the study of criminal procedural personality, the most relevant is the study of situations in which the subjects of the criminal process are found to be unsuitable and are excluded from participation in it (challenge). Withdrawal is a relatively infrequent phenomenon, it is not carried out for every criminal case. Internet resources provide us with access to a sufficient amount of practical material on the eligibility of participants in the process. You can identify a number of sources (search directions), through which you can find the necessary information.
1. Informational free reference and legal portals, such as RosPravosudi.ru and Pravo.ru; 2. Legal reference systems Consultant+ and Garant; 3. Official sites of courts of various levels; 4. Personal websites of lawyers and other persons carrying out representation of interests of participants in criminal proceedings; 5. Videos uploaded by various Internet users.

The article justifies the legal significance of any information coming to law enforcement agencies for the disclosure of crimes and their investigation. Only after the information is received by the criminal justice authorities, it is subject to verification and evaluation. In particular, the classification of information that is subject to verification in establishing the circumstances of the crime is given. Such information includes: information obtained prior to the initiation of a criminal case; information obtained as a result of investigative and other procedural actions in the process of preliminary investigation; information, as the results of operational-search activity; information provided by the defense; information actually available (material, ideal, virtual traces), but not received by the subjects of criminal proceedings for objective or subjective reasons. Each of these types of information has been analyzed.

According to Article 16 of the UN Convention on the Rights of the Child, it is guaranteed that every child will be protected from unlawful interference with the exercise of his right to privacy, family life, inviolability of home, correspondence, or unlawful attacks on his honor and reputation, there is a right to legitimate protection from such interference or assault. In cyberspace there are numerous abuses of children, especially in view of the fact that children use social networks where there are numerous risks of fraud, both abuse of their identity, and content that is in the networks. The target group of numerous fraudsters is juvenile persons. This article will provide examples of cyberthreats for minors, their functioning, ways of protection, legal regulations and activities of international organizations, 24/7 contact center networks and government agencies with the aim of eradicating them.

Constitution of the Russian Federation establishes the right and freedom of getting and distribution of information. Informatization of modern society brings to the forefront the issues of formation in modern Russia of common information space. The sphere of education don’t stand aside. The issues and prospects of development of piece of information in the institutions of higher education in the formation of future lawyers are viewed. To the graduates of law faculties in modern conditions heightened requirements are presented: ability to keep all their wits about the situation, find the right solution to the problem, properly using computer technologies and information possibilities. Generated by the informatization of society problems in the sphere of education define the basic directions at preparing future practicing lawyers – this, primarily, formation of information and legal culture of a graduate.

The emergence of new communication tools and the virtualization of social relations makes some changes in the strategy and tactics of crime investigation, compels investigators to seek new approaches to work in the circumstances. Information is central to the cognitive activity of the investigator, so the search for optimal ways of obtaining information is an important area in forensic science. Large opportunities for law enforcement officers with information provides the Internet, particularly social networks. Every year, an increasing number of active users of social networks. Every day in the virtual space accumulates more and more information that can be used in the investigator. In some foreign countries, the monitoring of social networks and other ways of working with the virtual space has become an integral part of law enforcement. The article analyzes the international experience of the use of information from the Internet in educational activities, discusses the main ways of collecting information about the personality with the use of social networks represented a certain algorithm of actions for more effective work of the investigator with the social networks.

The review assesses the relevance of the topic, the content, merits and demerits of the monograph. It is noted that the topic of this work is very relevant both for the legal science and for law enforcement practice, because the problems related to the protection of the family and childhood still remain acute in our society. In the monograph on the basis of the analysis of law, literature and practice, a wide range of issues covering the main problems arising in the resolution of disputes about children are deeply and interestingly considered. At the same time, the author holds the idea that the child is the main one in such disputes, and no most legally perfect court
decision will replace the parents’ voluntary agreement on his fate. The monograph identifies the main problems that arise when the courts resolve disputes about children and conduct conciliation procedures, and suggests ways to solve them in the interests of the child, deserving support. As an observation, it is pointed out that some significant issues in the work have not been reflected.