2016. No. 3

The article provides an overview of the updated national legislative approach to the legal regulationof activities of institutional international commercial arbitration institutions in the country based on theprovisions which shall take effect from September 1, 2016 the new Federal Law of 29.12.2015 no382-FZ On Arbitration (Tribunal) in the Russian Federation. The author identified the negative factorsdetermining the necessity to develop and approve this law and its majour novels. Among them, theauthor specifies new concepts of arbitration, the issues of drafting arbitration agreements, updatedlist of principles of arbitration tribunal. A special attention is drawn to the norms concerning the establishmentof the current arbitration institutions. The paper compares this legislative approach withthe liberal one which provided a wider freedom under the Federal Law of 24.07.2002 no 102-FZ OnArbitration Courts in the Russian Federation. Besides, the paper analyzes the provisions of the newFederal Law no 409-FZ, which is to come into force from September 01, 2016 and amend the Law onthe ICA, the Arbitrazh Procedure Code, Civil Procedural Code of the Russian Federation and otherregulatory legal acts. The conclusion is made that the strict requirements to the formation of permanentarbitration institutions and the establishment of significant restrictions on the organizations in whicharbitral tribunals can be established, will enhance the role of the state in the arbitration proceedings,on the one hand, and avoiding the so-called pocket arbitration courts — on the other hand. The paperrevealed the limitations set by the legislator for the arbitral tribunal formed by the parties to settle adispute (ad hoc) in comparison with the arbitration administered by a permanent arbitral institution.The advantages of the Arbitration Act in the context of the provisions of the opportunities provided byits participants in the arbitral proceedings.

The article analyses legal protection of personal intangible benefits provided by the constitutional, criminal,criminal procedure and administrative law. Public protection, according to the author, possessessome special features such as purpose, forms, methods, order and guarantees of protection of the personalintangible rights. It is noted that the protection mechanism of personal intangible rights consists ofjurisdictional and non-jurisdictional forms of protection, and of personal (self-defense), collective (social),administrative and judicial protection forms. In the article, the author specifies that justifiable defense andinfliction of harm in the conditions of emergency can be considered as public methods of self-defense.Some substantial defects of these institutes interfere their effective application. According to the author,mass-meetings, processions, demonstrations, picketing can be referred to collective (social) methods ofthe public protection of personal intangible benefits. A special attention in the article is paid to studying theguarantees of the public protection provided to some personal intangible benefits in case of application ofa jurisdictional form of protection. As a result of research, the author comes, in particular, to the followingconclusions. First, the legal protection of the personal intangible benefits provided by norms of the publiclaw has multidimensional character. Secondly, recognition of the intangible benefits as objects of legalprotection in public law gives them nature of public values encroachment on which violates the rights andinterests not only individuals, but the states and societies in general. Thirdly, the compensation orientationof legal protection of the personal intangible benefits isn’t traced accurately in the public law and is connectedwith the moral satisfaction. The satisfaction of the victims, his relatives and other uncertain circleof people who knew about the socially dangerous act is a result of involvement of the guilty person to thecriminal or administrative responsibility. Fourthly, the analysis of the norms of the public law allows statingthat the state recognizes the special value of honor, dignity and business reputation of the officials.

The paper studies the institute of inheriting per stripes. The main principles specified in the current civilcode are in line with the provisions of the Digest of Laws of the Russian Empire. Inheriting per stripesshould be differentiated from similar institutes (transmission or substitution). The main difference fromtransmission consists in the condition that the expected heir does not survive the ancestor or dies simultaneously;and from substitution that the substitution of heir is arranged not at the discretion of theancestor but under the rules of law. Of September 1, 2016, a new rule of succession is enacted. Therule concerns the order of succession after citizens who died on the same day. Inheriting per stripesis possible only when the time of death of citizens passing away on the same calendar day cannotbe fixed. Inheriting per stripes cannot be used if the heir is deprived of inheritance and is recognizeddisruptive under article 1117 of the RF Civil Code. These provisions cannot be considered fair forrepresentatives. Changes are required for the legislation to eliminate such limitations. The principleof taking or inheriting per stirpes treats the representatives unfairly as the principle of fair shares forpresented heirs gets violated. Under article 1152 of the RF Civil Code, the heir called to inheritanceper stirpes being disabled dependant may enter into inheritance both as representative and disableddependant.

The article examines the legal changes of 2013 and 2014 regarding the legislation in the sphere ofcultural heritage protection and terms that are connected to it. Besides, it studies corresponding recentadditions to the criminal law novels, determined by other legal changes. The work focuses on theoreticalproblems in the interrelation of such concepts as object of cultural heritage, object of archaeological heritage,archaeological item, items of the material world that are historically connected to them used in theFederal law of 22.10.2014 № 315-FZ On the Cultural Heritage of the Russian Federation; as well as practicalproblems in the sphere of protection of culture heritage of criminal law that arise from the interrelation.The work focuses on the contradiction between two characteristics: immobility as the main criterion of theobject of cultural heritage and mobility as an essential attribute of some of its parts. The article analysessome cases where the status of a movable object is transferred from the component of a cultural heritageobject to a separate museum object. Procedures of this transformation and the corresponding changes incriminal law protection of these objects are examined. In this light, the work examines the problems of theinterrelation between objects that are protected by various legal norms of criminal law and the sanctionsthat are listed within these norms. The concept of other objects from art. 3 of the Federal law On CulturalHeritage of the Russian Federation is analyzed, as well as existing examples of objects that are protectedby the subject of cultural heritage. Based on the legislative definition of cultural heritage the key featuresof this concept are highlighted. The article analyzes legislation, makes references to the by-laws, and, asa result, confirms the hypothesis about the problems of legislation.

The relevance of personal data protection in telemedicine is predetermined by the rapid developmentof information technologies in different spheres, including health care. The key issue is that currentlegal framework for personal data protection does not adequately meet the needs of telemedicine.Rather than facilitating technological development the law creates unreasonable barriers for introducinginnovations in health care. Modern information and communication technologies require a free,secure and legitimate information exchange among all actors of telemedicine relationships. The article contains recommendations on improving legislation on personal data for facilitating telemedicinedevelopment. The paper mainly focuses on the principles of personal data protection in telemedicine(requirements for informed consent, purposes of processing, special rules for data controllers and dataprocessors, obligations to ensure confidentiality and security etc.). In particular, it is proposed to eliminatethe mandatory requirement of written consent for processing special categories of personal data;to establish special grounds for personal data processing in telemedicine purposes; to differentiate theprocessing of personal data in telemedicine depending on the consent requirement (“without consent”“without consent, but with option to refuse processing”, “with consent”). It is necessary to set the legalstatus of telemedicine entities and possibly impose special obligations for personal data processingperformed by these entities. In addition, it is important to establish industry standards for security ofhealth information systems taking into account specific threats typical to telemedicine technologies.The article also focuses on the Russian legislative approach to health information systems that arecrucial for telemedicine. The thesis is supported that legislation in this area should facilitate integrationand interoperability of health information systems, expand applicability of these systems and increasethe role of patients in management of personal electronic health records. The methodological basis ofthe research includes analysis of legislation and draft laws on corresponding issues, comparative legalmethod (in some aspects Russian experience is considered in comparison with experience of the EUand USA) and method of legal modeling (amendments to Russian legislation are proposed).

The following article is dedicated to the legal analysis of problems, connected to the procedure of therecognition of informational materials as extremist. On the basis of the study of legislative initiatives ofgreat public interest, which were taken in a hurry because of negative experience of implementationprovisions of the Counteraction to Extremist Activity Law, the author comes to a disappointing conclusionabout legislative ban of recognition as extremist the content and quotations from Bible, Quran,Tanah and Kanjur. Inconsistencies between adopted rules of law and constitutional principles (theprinciple of secular state and equality of any religious association) and inconsistency of legislator’s approachare validated in the article. Author draws attention to, in his opinion, genuine, radical problemsof substantive procedural character, appearing with implementation of an Article 13 of the Counteractionto Extremist Activity Law, which determines the procedure of recognition materials as extremist.Revealing the legal nature of this kind of public relations, the author comes to a derivation aboutnecessity in consideration of this sort of cases along with those initiated by empowered state authorities,in public interest and according to the Code of Administrative Proceedings. The author displayspeculiarities of this sort of cases. In particular, they belong to following groups: connected with the listof subjects (who can be an administrative claimant or defendant), dedicated to territorial and instancejurisdiction (where and in which court of the system the case should be considered in the first instance),associated with the necessity in providing security for a claim (special interim measures), concernedwith consequences of sustaining a claim (confiscation of materials and sending a message), related tothe procedure of appeal (competence of the parties concerned). According to everything stated above,the author suggests to remove provisions of considering cases on recognition informational materialsas extremist and bring them to another chapter in the section IV of the Code of Administrative Proceedings,“Specific features of judicial proceedings on certain categories of administrative cases”, andprovide line-item regulation.

This paper represents a comparative analysis of the goals, objectives, stages of the judicial reform inRussia between 1864 and 1991. The author identifies general trends and patterns, proposes options for the further development of the Russian judiciary. The main purpose of the judicial reform of 1864was laying foundation of the institute of judicial protection of citizens’ rights, which is essential protectionagainst crime and tyranny. The judicial reform of 1864 saw a separation of the judiciary as a kindof state power based on the principle of independence, declaration of tenure of judges as one of theguarantees of their independence, separation from the court investigation. Besides, the process becamecompetitive with the maintenance of public prosecution representative of the prosecutor’s office.The period after 1991 defined the main vector for the further development of judicial reform — approvalof an independent judiciary, ensuring the independence of judges, the formation of courts intended forgeneral public, the approval of the adversarial principles, equality of the parties and optionality. Theobjectives of modern judicial reform changed following the development of the judiciary and its stateresponded in a particular period of its development. However, similarities occur as to all the periodsof the judicial reform, such as the recognizing the judiciary as a separate and independent, strengtheningits authority, increasing openness and transparency, increasing trust in the court; creating thenecessary conditions for the implementation of justice, access to justice; forming an effective systemof enforcement proceedings, increased openness and accessibility of the enforcement of the system,increasing the level of execution of court decisions. Analyzing the aims and objectives of the judicialreforms of 1864 and 1991, similarities are obvious. Thus, we can find the following common objectives:separation of the judiciary from the administration and the proclamation of it as an independent branchof government; the creation of justices of the peace; the introduction of trial by jury; the introduction ofnew elements of the revision of the institute; declaration of principles such as the proceedings: transparency,competition and equality of the parties, presumption of innocence; securing tenure for judges,improving the system of guarantees of their independence and their subordination only to the law, ofthe principle of irremovability.

The area of legal regulation related to customs norm formation isn’t clearly designated and sufficientlyexamined in the doctrine of international law. Also, there is no unified point of view on its title. A varietyof terms can be met in scientific studies. The author proposes to entitle this area of international lawas “law of international customs” — the most accurate term, corresponding to its content. The articlereveals the role and place of the law of international customs in the international legal system. The differencesand similarities of this institute of international law in relation to the law of treaties are shown.Scientific doctrines on the content and development of this institute of international law are also considered.The author shows which rules are lying on the basis of customs norm-formation and substantiateshis position on this issue. The object and the subject of regulation of the law of international customsare clarified. The question of norm-formation and its stages is examined. The article reveals influenceof treaty rules, decisions of judicial and other international bodies on the process of custom normformation.Questions over necessity of the codification of this process, development of appropriatecriteria relating to the formation of international custom and its norms are risen. The author proposesto develop relevant draft articles, adopting them as a UN resolution, and then to sign a Convention onthe Law of international customs, which should fix currently established customary rules of internationallaw, and also new treaty rules aimed to streamline the custom norm-formation, giving it more rigorous,systematic view. The state of scientific researches in this area and the ways of their further developmentare shown. Separate formulations of the law of international customs are presented. The authorgives definition of the law of international customs, which is proposed to be understood as the instituteof international law, including a set of customary rules of international law regulating interstate relationsin the questions of international custom establishment, its validity, amending and termination of existence,the conceptual apparatus in this area.

The freedom of parties in the choice of applicable law is an interesting and relevant for practice featureof international commercial transactions drawing attention of researchers and businesspeople. Thechoice of law provides benefits for the parties. Increasingly, the application of lex mercatoria sourcesis becoming popular to govern legal relations defying national law. The paper analyzes the possibilityto apply sources lex mercatoria as a contractual statute on the whole and the efficiency of such choiceof rules to govern the relations to charge damages in particular. The author answers the followingimportant for practice questions. May the parties choose lex mercatoria in the event of unsettled legalrelations e.g. damages? To what extent can it be efficient in the situation with damages? What are theperspectives of enforceable performance decided on the basis of lex mercatoria documents? The authordraws special attention to the issues of applying lex mercatoria sources due to some reasons suchas scarce possibilities to govern this area of conformed amounts for default in UNIDROIT principlesand Model rules of the European contract law and the lack of case practice to interpret key aspectswhen charging damages. In particular, lex mercatoria acts do not determine the proportion of chargingdamages and default charge, it lacks provisions on the size of excessive charge as well as its minimum.This and other issues represent the area of issues in regulating conformed amounts for default underlex mercatoria. The successful solution of the issues presented in the paper may promote to applyinglex mercatoria in regulating damages.

The paper analyzes the case of legislation and case practice in Ukraine, in particular the trends in thecurrent process of codifying international private law. The analysis of international private law documentsapproved for the past 35 years internationally shows that the majour forms (ways) of modern codificationsof International Private Law are the following: 1) introbranch form — within the general codification of civillaw; 2) interbranch form, the codification o civil law includes a special part with the majour norms and institutesof general and special parts of international private law; 3) autonomous branch form — issuing aspecial law applying to codifying international private law; 4) complex autonomous form — issuing a law orcode combining the principles and conflict of law norms of international Private Law as well as the provisionsof international civil process. Ukraine chose a large-scale codification of international private law, i.e.approved a complex autonomous law On International Private Law (enacted as of September 1, 2005),applicable to the choice of law and civil conflicts concerning foreign law and order. This way of codifyinginternational private law is typical of the pluralist concept of private law dominating in Ukraine currently.The law materialized the idea of converging formalist and pragmatic approaches to conflict of law regulation.The case practice for the period of the applicable law since 2005 has shown its relevance and demonstratedinteresting examples of its application. Between 2010 and 2013, the law of 2005 experiencedsignificant changes, which in turn may not be considered as a reform of Ukrainian international private law.The paper concludes that currently, the Ukrainian law on international private law requires updating due tothe development of European conflict of law regulation and formation of new conflict of law approaches.

The paper shows the relevance of personnel policy for state to develop democratic reforms on the exampleof the Republic of Uzbekistan. The analysis concerns the preparation of the employees for stateservice in western countries, identifies the features of common trends across the world as to selectingand appointing state service employees, examines the state service legislation and practice of the developedcountries such as the UK. Germany, Spain, the US and Japan, identifies two majour westernapproaches to preparing state service staff — Anglo-Saxon and French. The paper shows that the principleof competitive choice is typical of democratic countries. The countries establish specialized state bodies dealing with the selection of candidates for state civil service. The legal status of such bodies isrelatively independent within the state body system. Such measures promote to unbiased selection ofstate service personnel. The results of the research show that 1) most states the choice of state serviceemployees is performed and controlled by independent bodies; 2) during training management staffshould acquire not only theoretical background but practical skills; 3)to select highly qualified and perspectivestaff, it is recommended to establish independent competition commissions; 4) the mechanismof selecting personnel should include the criteria of moral, ethical and patriotic aptitude; 5) educationalorganizations should have educational programs targeting the preparation of specialists to operate theactivity of staff and establish the practice of employment after completing such a course.

The paper studies the legality of warrantless cell phone search incident to a lawful arrest in the UScriminal procedure. The author emphasizes the value of this experience to solve the problems arisingin the Russian criminal procedure, because, as experts point out, Russian legislator doesn`t takeinto account particular qualities of evidences obtained from electronic sources. The author analyzesthe attitude of the US Supreme Court formulated on the basis of the Fourth Amendment to the USConstitution prohibiting unreasonable searches in relation to a search incident to a lawful arrest. TheCourt differentiated search of the arrested person and the objects in the zone of his immediate controland highlighted the possible targets of search — to secure police officers and to prevent the destructionof evidence. Next, the author studies the positions of lower courts which addressed this issue invarious ways — from unlimited phone searches without a warrant to a total ban of such searches inthe absence of the exigent circumstances. Then, the author analyzes the doctrinal positions about therestriction of warrantless cell phone search incident to a lawful arrest: internet-based test; functionaltest; open application test; limiting the number of operations committed by police officers. The criticismof these approaches is presented. The author studies the main arguments of the US Supreme Court,which in 2014 in cases Riley v. California and United States v. Wurie declared unconstitutional thesearch of a cell phone without obtaining a warrant, even if it is incident to a lawful arrest. The opinionconcurring in part is presented by Judge Alito, who, in particular, pointed out that the legislator shoulddraw reasonable distinctions regarding when and what information within a phone can be searched incident to arrest without obtaining a warrant. Finally, the author studies the problems that are not stillresolved by US Supreme Court. The most important of them is the applicability of these rules to tabletsand other similar devices.

Globalization in the economy affects the legal regulation, in particular the legal regulation of labour asone of the main business costs are the costs associated with employees, in particular wages, salary,other payments. Besides, investors are attracted by the ability to respond quickly to the changing situationin the economy. It depends in particular on the possibility to dismiss those employees abundant forenterprise development. At the current stage of world economic development, lawmakers have facedthe challenge to maintain the attractiveness of local labour law for employers and at the same timestrengthen the protection of labour rights, in particular termination the employment contract without employee’sfault. Foreign lawmakers solve this issue in different ways. The purpose of the legal regulationis balancing the interests of employer and employee. The means of ensuring that balance differ. In particular,it depends on the specific legal regulations in each country. The criteria for the comparison wereas follows: the form of preventing the termination of the employment contract; criteria for determiningthe notice period; the presence or absence of state authority notice of the employees; the need for coordinationdismissal of employees with the state body. The main provisions of the procedural requirementsfor individual dismissals in Austria, France, Germany, Spain, Canada, Romania, France, Switzerlandwere analyzed. The legal regulation of the termination of the employment contract by the employer withoutthe employee’s fault in foreign countries is characterized by the following common features: the rightof an employer to dismiss an employee on the grounds stipulated by the legislation in compliance witha specific procedural requirements; the lack of a disciplinary offense as a reason to disciplinary action,under which an employer may take such kind of disciplinary action as dismissal; the presence of noticeto the employee to be dismissed. The analysis of legal regulation of terminating the employment contractallows selecting three models: the country with prevailing regulatory flexibility over rigidity; countrieswith dominating regulatory rigidity over flexibility; the country with a mixed approach.

The paper is devoted to the process of inclusion of two Central-Asian protectorates of the RussianEmpire into the Russian customs-line between 1894 and 1895. The causes of this decision emergedas early as at the beginning of the 19th c.. The process of working on this project as well as discussionsof different Russian ministries, central and regional (Turkestan) authorities, preliminary research andissuing special legal acts are analyzed. Special attention is paid to the procedure of conforming thedecision with Emir of Bukhara and Khan of Khiva as they still remained de-jure independent rulers,and to issuing special own acts on including their states into the Russian customs system. The authorexamines the measures of the Russian authorities on the implementation of customs unification ofthe Russia, Bukhara and Khiva (including the creation of customs outposts, forming customs guardsetc.) and the problems which took place — such as “internal customs-line” of Bukharans and Khivans,increase of contraband goods on the markets of Bukhara, Khiva and Russian Turkestan. Attempts tosolve such problems were ineffective until the fall of the Russian Empire because of insufficient legalbase on relations between the Russian Empire and its Central-Asian protectorates. Finally, the consequencesof including Bukhara and Khiva into the imperial customs-line are evaluated — for Russia,Bukhara and Khiwa as well as for foreign countries (Afghanistan, Persia, British India etc.). Under theauthor’s opinion the integration of Bukhara and Khiva into customs space of the Russian Empire as anexample of predisposition of Eurasian states, regions and peoples to the economic integration whichbecame apparent in different epochs and in different forms. This integration could be considered to acertain extent as prototype of the Customs Union of today. Hence, studying historical experience ofeconomic integration of Eurasia is topical and necessary.

The article touches upon the approach of the modern Islamic legal thought to the Islamic state andcaliphate. The author explains the fundamental principles of Islamic concept of the power (caliphate)and points out that this concept is gradually deviating from real political practice. The modern Islamiclegal doctrine stresses several aspects of the classical theory of caliphate such as nature of Islamicpower as an instrument for defense and maintaining of religion together with solving temporal issues,“ba’yat” institution which is a sort of oath for the ruler and a special treaty between him and his subjectsabout their mutual rights and duties and also the principle of consultation which is used during caliph’selection. In the middle ages, the Ottoman Empire became the successor of the Arab caliphate. Thecaliphate itself remained as a political institution till the collapse of the Ottoman Empire after the WorldWar I. The idea of the revival of caliphate was one of the demands included in the programs of someIslamic political organizations and movements during 20th century. After emergence of Islamic State ofIraq and Levant (ISIL) the caliphate converted to a specific political project. In June 2014, ISIL whichchanged its name to become “Islamic State” (IS) declared creation of caliphate. IS justified such stepby referring to some wordings of Prophet Muhammad who, as believed, predicted revival of caliphateafter a historical period when different modes of power were changing each other. IS considers its maingoal to be the complete implementation of Sharia and copying power institutions of so called righteouscaliphs. In practice, the Sharia implementation in IS leads to mass killings, forcing nonmuslims toadopt Islam, interference into internal life of Muslim states and terror attacks. The modern Islamic legalthought criticizes IS severely stressing its violence of religious postulates and Shariat provisions as faras the mode of announcing of Caliphate, “ba’yat” procedure and observance of consultation principleare concerned. This thought draws attention to the fact that IS practice doesn’t meet Sharia limits. Itconcludes that IS cannot pretend to be caliphate as well as it is not Islamic power at all. This organizationis terroristic not only according to the norms of international law and national legislation of a numberof states but Sharia provisions.

Purpose of the work is a study in transition from dictatorship of Mussolini to constitutional democracyin Italy in 1940s. The article is fulfilled on the basis of combination of chronological, comparativeand system methods of scholar research. It is emphasized that the transition mentioned took place inquite unfavorable historical situation on World War II, foreign occupation of most country and post-wardistemper. Author explores political and juridical achievements of Italian non-fascist, then anti-fascistTemporary government, analyzes scrupulously its legal acts aimed at eliminating dictatorial legaciesand restoring constitutionalism. The article contains an evaluation of repressions against leaders andsupporters of dictatorial rule in the process of liberating country. Also author proposes to look at keyaspects of changing institutions of traditional dualistic monarchy for democratic republic, too. Authorputs high marks to Italian lawyers, army officers, politicians and common people for the transition, morefruitful in comparison with German one. He proposes to see fundamental reasons of successful antidictatorialrenovation of Italian state and society in the developed legal heritage of Roman-German lawand in the loyal cooperation of non-fascist sociopolitical forces from Monarchists to Anarchists withintemporary government and beyond it.

Fashion is not only part of life but of science as well. The most interesting works on fashion in sciencehave been published by Russian sociologist, Professor at the National Research University HigherSchool of Economics A. B. Gofman. His papers enable to consider this phenomenon in terms of theoreticaljurisprudence. According to the author of the article, currently, different concepts which are notdirectly linked to the quest of scientific truth have come into fashion. Considering the existing fashions,the author gets fairly skeptical as to their heuristic capabilities. In particular, the concepts are highlightedsuch as those related to the alleged crisis of law, the invention of new legal phenomena by addingthe adjective legal, criticizing positivism of law, the problem of understanding law, legal policy and someother buzzwords (mythology, utilitarianism). To support his idea, the author presents examples of currentscientific publications. The author also draws attention to the typical complaints of legal scholarsto their negligence by the representatives of state. While in the legal regulation of public relations manyinaccuracies occur, lawmakers often ignore such forms of communication s with science, which leadsin turn to a new fashion, i.e. utilitarianism -the need for scientists to engage in various types of waste“fisheries”: writing every countless textbooks and manuals, spark notes, even courses such as Theoryof State and Law in Three Hours. Is it possible to reduce the influence of such fashion? According to theauthor, fashion should be studied and reflect on the recent trends. As many scholars claim, theoreticaljurisprudence is deprived of self-reflection and the theory of law lacks fundamental problems. Howeversuch problems as dispute of opinions in science, freedom of criticism, the inadmissibility of monopolismand dogmatism require a closer attention.

This Article is devoted to the theory of “digital libertarianism”; it compares this theory with the classicalAmerican Libertarianism, as well as considers the viewpoints of its proponents and opponents onthe issues of state, law and human rights on the Internet. Unlike the modern American Libertarianism,which is largely based upon the doctrine of natural rights, the “digital libertarianism” pays more attentionto the real social phenomena, and it is closer to the sociological positivism. One of the central ideas ofthe “digital libertarianism” is the sovereignty of cyberspace, which is opposed to the state sovereignty. The state paternalists as the most vigorous critics of cyberlibertarians reject this point of view andbelieve that only state can secure the respect for behavioral rights on the Internet. The technologicaland legal aspects of cyberspace, which are stressed by cyberlibertarians, allow for users to bypass thespecified requirements, and to set their own codes of behavior. In order to enforce the law, both statewith its legal traditions and network communities in addition to the legal means of influence on users’behavior use mechanisms of material coercions. These mechanisms include a combination of specifictechnologies and legal requirements for their enforcement, which lead to the real (physical) limitationof freedom for expression and information, as well as to the limitation of privacy rights, and thus ensurethe possibility for the state or self-regulating communities to secure the public and private interests.