2021. No. 5

The article considers the problem of digitalization of judicial activities in the Russian Federation and abroad. Given the fact that in the modern world elements of digital (electronic) justice are gaining widespread adoption, the article presents an analysis of its fundamental principles and distinguishes between electronic methods of ensuring procedural activity and digitalization of justice as an independent direction of transformation of public relations at the present stage. As a demonstration of the implementation of the first direction, the article presents the experience of foreign countries, Russian legislative approaches and currently being developed legislative initiatives in terms of improving the interaction of participants in the procedure through the use of information technologies. The authors come to the conclusion that the implemented approaches and proposed amendments are intended only to modernize the form of administration of justice with new opportunities to carry out the same actions (identification of persons participating in the case, notification, participation in the court session, etc.) without changing the essential characteristics of the proceedings. The second direction, related to electronic (digital) justice, is highlighted from the point of view of the prospects and risks of using artificial intelligence technologies to make legally significant decisions on the merits. At the same time, the authors argue that the digitalization of justice requires the development and implementation of the category of justice in machine-readable law, as well as special security measures of both technological and legal nature. The introduction of these technologies into the context of the judicial process should be accompanied by special security measures of both technological and legal nature, in particular by creating an appropriate legal basis for determining the boundaries of automated information processing while preserving the possibility of reviewing the decision made by the judge, including determining the grounds for refusal to execute it. It is the person in these processes who should be the focus of the law enforcement officer’s attention, and digital technologies should be a tool for achieving the goals of justice, which maximally contributes to the exclusion of the possibility of making a formal decision.
For citation: Stepanov O.A., Pechegin D.A., Diakonova M.O. Towards the Issue of Digitalization of Judicial Activities. Law. Journal of the Higher School of Economics, 2021, no. 5. pp. 4–23. (In Russ.). DOI: 10.17323/2072-8166.2021.5.4.23.

The article explores the content of the concepts: “ideology”, “ideological function of the Constitution”, “constitutional values”, “traditions”. The author notes that ideology in the Constitution is expressed in the regulatory potential of its ideological function, and is also reflected in the constitutional text in the form of values, ideological guidelines, a certain political and legal philosophy of the structure of the state and society. Constitutional values can be regarded as universally valid, universal guidelines, and can be interpreted taking into account constitutional identity, national feature. One of the properties of constitutional values is their traditionality. Tradition as a stable concept or paradigm of the development of the state and society determines the scope and content of constitutional values, sets the meaning of the content of the constitutional text. The 2020 constitutional amendments in the sphere of social and economic development saturate the ideological basis of the structure of the state and society, they show ideological guidelines for current legal regulation and law enforcement. When interpreting the provisions on maintaining civil peace and harmony, guaranteeing mutual trust between the state and society, forming social justice and partnership, ensuring economic, political and social solidarity, creating conditions for sustainable economic growth, improving the welfare of citizens, and respecting the human labor, the author focused on the indication in the Constitution of the Russian Federation itself on adherence to traditions and preserving the memory of ancestors. The article concludes that the complete denial of the ideas of the Soviet socialist system and their rejection by the Constitution of the Russian Federation in 1993 could not but lead after a certain time to the desire to return to the ideological meanings of some legal institutions and categories, the importance of which for the future development of the state and society, obviously, was underestimated at the initial stage in post-Soviet Russia. When using socio-political, grammatical and historical-political interpretation of norms, the article presents modern interpretations of constitutional provisions on the social and economic development of the state and society, taking into account the Soviet tradition.
For citation: Maslennikova S.V. Ideology of Constitutional Amendments of 2020 in the Sphere of Social and Economic Development. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 24–47. (In Russ.). DOI: 10.17323/2072-8166.2021.5.24.47.

The origin and development of administrative law is a long process. His study requires the establishment of basic prerequisites, as well as circumstances leading to the transition from generation to emergence, from emergence to formation, from one stage of development to the next. It is fair to recognize the public awareness of public interests as the basic prerequisite for the emergence of administrative law. Not the interests of an individual or their group, but the interests of the state and society as a whole. The subsequent complication of the system of public interests, expressed in various integrative-differential processes, determined, among other things, the progressive development of administrative law. This study aims to establish patterns that reflect the interdependence that exists between the development of the public interest system and the genesis of administrative law. An analysis of these patterns allowed us to conclude that there is a functional dependence between the system of public interests and administrative law, which is expressed in the fact that public awareness of public interests was the basic prerequisite for the emergence of administrative law. The subsequent genesis of administrative law was due to the development of the system of public interests, its complication, expressed in deepening integrative-differential processes within it. The methodology of this study is based on a complex of various means and methods of scientific knowledge. Its foundation is formed by general means, such as observation, abstraction, induction and deduction, analysis and synthesis, ascent from the abstract to the concrete. Due to the fact that the system of public interests and administrative law are considered in their development, the philosophical basis of this study is the dialectical approach. At the special-industry level of knowledge, formal-legal, historical, comparative methods are used. The specificity of the chosen subject of research also requires the use of logical, structuralfunctional and factor analysis. If necessary, the reliability of the results of the study is ensured by bringing verified empirical data, as well as a description of specific historical events. The structure of this article is determined by the goal of establishing the relationship that exists between the system of public interests and the genesis of administrative law, which involves the consideration of the following issues: the concept of public interest, the subject and method of administrative law in the context of the history of their comprehension, the impact of foreign legal doctrines on the scope of administrative regulation in Russia, the features of the formation and development of the science of administrative law, the main definitions of public administration and its meaning in public life.
For citation: Emelyanov A.S. Public Interest and Genesis of Administrative Law. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 48–76. (In Russ.). DOI: 10.17323/2072- 8166.2021.5.48.76.

Over extended periods attempts are made to apply alternative dispute resolution methods in general and arbitration legal proceedings among other things in the Russian legal system. Despite of the legal norms that have existed in this sphere for a long time, there are complex problems preventing subjects that are in a legal relationship from using arbitration proceeding for the defense of rights to the full. This refers to the necessity of creating a proper remedy device by means of arbitration and the following enforcement of the judgment rendered by arbitration court. In the article we validate the conclusion that broad interpretation of a procedural form grants an opportunity of forming holistic comprehension of the remedy device in the framework of implementation of the alternative form (arbitration). The research is aimed at the activity approach (allows to focus the law, legal institutions and norms on achieving practical results) within which justice as well as arbitration is analyzed in view of administration of law. Functioning of a state court is defined as public administration of law, while arbitration is referred to as private process of law realized in a procedural form. The main criteria for separation of these two processes of considering and resolving civil disputes is the legal nature of the organ that deals with the case. The application of activity approach for the analysis of the essence of arbitration contributes to characteristics of arbitration in context of the remedy device for subjects’ civil rights. The remedy device in the framework of an alternative form is not limited exclusively to arbitration proceeding; thus the procedural form being private in its nature is supplemented by an optional «public» element. We demonstrate the legal nature of compulsory enforcement of arbitrary award as an integral part of a uniform system aimed at practical restoration of rights of the subjects in case the dispute between them was resolved by means of arbitration. In the content of the «public» element of the procedural form we distinguish stages that are realized by appropriate state organs. Specific character of the «public» element that provides an opportunity of compulsory enforcement of arbitration award is implementation of activity in civil procedural form.
For citation: Petruneva A.N. (2021) Compulsory Enforcement of Arbitrary Award as a "Public" Element of Procedural Form of Arbitration. Law. Journal of the Higher School of Economics, no. 5, pp. 77–98. DOI: 10.17323/2072-8166.2021.5.77.98.

New norms of law are created in response to the emergence of the need to regulate certain relations. We are not only improving, modifying the existing mechanism of nature management, but also developing completely new legal instruments and methods of environmental protection, which is associated with the risk of not achieving the set goal. Legislative activity, like law enforcement, cannot be carried out haphazardly, the basis is necessary, as well as an understanding of the essence of relations, the basic laws of their development and the goals of regulation itself. The principles of law fulfill this function. They help to prioritize, determine the direction of regulation, and select the relevant methods of legal impact. The presence of problems in the field of legal regulation of environmental relations makes us think about the correctness of building a regulatory framework, the effectiveness of legal mechanisms, which was the purpose of the study. And since environmental law is constantly changing, the reason for inefficiency lies, among other things, in the absence of a unified system of principles of environmental law and environmental legislation. Consideration of scientific sources, Russian and foreign, allows us to state the fundamental role of the law principles, they are irreplaceable in judicial practice. The principles of law play an exclusive role in international environmental law. To determine the role of the principles of environmental law, in addition to studying doctrinal sources, the court practice was analyzed in more than 400 cases, including claims for compensation for environmental damage and protection of the right to a healthy environment. The study showed that the further development of relations in the field of environmental protection requires the construction of a unified system of principles. The legislator and the applicants of law sometimes, even on an intuitive level, are forced to resort to the principles of law. The high courts rely on the principles of environmental law in the formation of uniform judicial practice and interpretation of the norms of environmental law. So far, this is of an irregular, but rather exceptional nature. In order to increase the productivity of the current legislation, we will work hard to determine the content of the principles, their relationship to each other and the possibility of application.
For citation: Vinogradov V.A., Soldatova L.V. On the Meaning of Principles in Environmental Law and Their Application. Law. Journal of the Higher School of Economics, 2021, no.  5, pp. 99–121. DOI: 10.17323/2072-8166.2021.5.99.121.

The article examines the question of the need to criminalize non-reporting of crimes, in particular from the point of view of moral standards. Authors analyze the positions and arguments of supporters and opponents of the criminalization of non-reporting of crimes. In addition to the existing criminal punishment for non-reporting of crimes of a terrorist nature, it is proposed to introduce criminal punishment for non-reporting some corpus delicti serious and especially serious crimes. The circle of possible subjects of the corpus delicti is determined. Through the prism of moral standards, the act of a person who reported to law enforcement agencies information that was used to solve a crime is considered. It is noted that the same act, in different conditions, can be assessed by a particular person for compliance with moral standards in different ways. The problem of moral choice taking into account the infliction of the “least evil” is touched upon. Also, from the point of view of morality, the problem of law enforcement agencies using the help of individual citizens who provide information that contributed to the detection, prevention and disclosure of crimes is touched upon. Positive foreign experience in this direction is mentioned. It is stated that in our country assistance to law enforcement agencies in the fight against crime is assessed negatively and is perceived, most often, as informing. This situation is associated with the peculiarities of the mentality of Russian citizens. An opinion is expressed that it is necessary for the state to use the assistance of active citizens in the fight against crime. The necessity of criminalization of non-reporting of a crime is substantiated, including with reference to similar compositions of the criminal legislation of the CIS countries and foreign states, the experience of the USA and Germany is considered in detail.
For citation: Mamedova F.F., Barysheva K.A. Criminal Prohibition on Failure to Report a Crime (Legal and Moral Aspects). Law. Journal of the Higher School of Economics, 2021, no. 5. P. 122–147. DOI: 10.17323/2072-8166.2021.5.122.147.

The topic of this article is very relevant, first of all, due to the fact that at the moment it is objectively impossible to deny that the COVID-19 pandemic and its consequences have acquired the status of a kind of main indicator of socio-economic processes and a mechanism for legitimizing the state system of regulation and management in covid and post-covid conditions. The subject of the article is the mechanism of legal regulation of mandatory vaccination against COVID-19. The purpose of the study is to identify the problems of legal regulation of the process of mandatory vaccination against COVID-19 through the prism of the human right to health protection and medical care in the system of universal values. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the human right to health protection and medical care in the context of domestic law, as well as administrative and legal aspects of mandatory vaccination against COVID-19 based on the analysis of the generalized experience of two macro-regions of the Russian Federation — Moscow and the Moscow region. According to the results of the study, the authors come to the following key conclusions: firstly, the chief state sanitary doctor of the subject of the Russian Federation has an objective right dictated by the norms of domestic legislation to issue an executive-executive-administrative act on the mandatory vaccination in a pandemic; secondly, the employer is obliged to suspend from work (not to hire) citizens who refused vaccination only if it is a question of works named in the List of works, the performance of which is associated with a high risk of infectious diseases. Such measures cannot be applied to employees performing other types of work; thirdly, failure by an organization/individual entrepreneur to comply with the resolution of the chief state sanitary doctor entails appropriate measures of legal responsibility provided for by the norms of the current legislation of the Russian Federation.
For citation: Kornienko A.S., Samokhvalov N.A. COVID-19: Legal Regulation of Universal Vaccination. Law. Journal of the Higher School of Economics, 2021,no. 5, pp. 148–166. (In Russ.). DOI: 10.17323/2072-8166.2021.5.148.166.

The article is devoted to the study of such a new vector as the use of automotive telematics information systems, including the ones designed to meet the needs of state and municipal bodies, individuals and legal entities in access to telematic vehicle information. The authors identify two main approaches to improving legislation in the field of transport telematics: comprehensive regulation and “point-by-point” changes in legislation. Both approaches involve amendments to legislation, the elimination of gaps, including the definition of the legal regime of information generated in the process of using transport telematics, the creation of conditions that ensure the effective functioning of Autonet, the protection of personal data. The object of the study includes the legal acts of the Russian Federation regulating public relationships in the field of information systems for automotive telematics, in terms of the grounds and procedure for the creation, operation and use of such systems, including the collection, storage, processing and provision of data generated by vehicles, including odometers in use in the territory of the Eurasian Economic Union; requirements for cartographic support of automotive telematics information systems; foreign experience in the legal regulation of relations regarding the creation, operation and use of information systems for automotive telematics, as well as the legal regime for the information included in them. The aim of the work is to improve legal regulation and remove administrative barriers in order to ensure the implementation of the National Technology Initiative in the Autonet direction (clause 7 of the Action Plan (“road map”). The research methodological approach is composed of general and special methods of knowledge: philosophical, formal logical, system-structural, historical, formal legal analysis, dogmatic, interpretation of law, comparative legal method, and method of expert assessment. When applying the indicated general methods of scientific knowledge, certain special research techniques were utilized — such as structuring, describing, analyzing and synthesizing the results of work formulated on the basis of the analysis of regulatory legal acts of Russia and foreign countries. Suggestions and recommendations for improving Russian legislation in the field of motor vehicle information systems of telematics, the procedure for the creation, operation and use of the Russian service navigation and telematics platform, including in terms of collecting, storing, processing and providing data were introduced. The determination of the legal regime of information processed in motor vehicle information systems and the relevant rights and obligations of data operators were elaborated. Authors identified gaps and conflicts in the legal regulation of the sphere under consideration. Proposals for legal regulation of public relations in the field of motor telematics information systems introduced on the basis of the analysis of law enforcement practice will help to remove administrative barriers in order to use advanced technological solutions and to create incentives for their implementation, to develop the legal framework for the creation, operation and use of the Russian service navigation and telematic platform, which provides the formation of a national array of statistical and analytical data (big data) on wheeled vehicles, road infrastructure, behavioral patterns of drivers, and other information in the transport sector, as well as the establishment of a legal framework for the definition and activities of the specified platform operator.
For citation: Tereschenko L.K., Truntcevskiy Yu.S., Leschenkov F.A. Legal Regulation of Information Systems of Road Transport Telematics in Russia and abroad. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 167–191. (In Russ.). DOI: 10.17323/2072- 8166.2021.5.167.191.

In the creative industry, private interests cannot be satisfied only through their own actions and the realization of their own creative abilities. Coordinated interaction between representatives of creative professions and show business is needed. Various types of contracts are concluded, which do not always relate to the exercise of intellectual rights. The Civil Code of the Russian Federation regulates in more detail contractual relations related to the use of copyrighted works, not paying due attention to agreements with performers, producers of phonograms and broadcasting organizations, which leads to a different interpretation of the legislation in the process of enforcement. Performers, producers of phonograms and broadcasting organizations conclude not only contracts on the disposal of exclusive rights, including assignment agreements and licences, contracts on the distribution of remuneration for use, on the management of rights, including entrusted management agreements and others are possible.The article discusses some types of civil law contracts related to objects of related rights. The author analyzes some contractual relations related to neighboring rights, both named in chapter 71 of the Civil Code of the Russian Federation and not named in it, but occurring in practice. A comparison is made of similar contractual relationships relating to copyright and neighboring rights. It is important to distinguish contracts in the field of services with participation of performers, producers of phonograms, broadcasting organizations from contracts on the exercise of intellectual rights. If in the contracts of the first group special attention deserves the useful effect achieved by the actions of the service provider, then in the second group of contracts, the identity of the copyright holder as a party to the contract and the special characteristics of the result of intellectual activity are of great importance in the performance of the contract. The user (service recipient) must determine what is of paramount importance to him, since the essence of the contract with the performer, phonogram producer and broadcaster, its subject and content will depend on it.
For citation: Buzova N.V. Contractual Relations with Participation of Performers, Producers of Phonograms and Broadcasting Organizations. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 192–214. (In Russ.). DOI: 10.17323/2072-8166.2021.5.192.214.

The purpose of the publication is to analyze and draw conclusions on the research issues based on the consideration of the provisions of existing international conventions, legal doctrine (including the position of the International Committee of Red Cross) and international practice. Methodology contain historical and legal, logical and system methods of scholar knowledge. The main content of publication is devoted to the legal consequences of the beginning and the end of each of the forms of armed conflict considered. The article points to the fallacy of widely spread in the domestic legal doctrine views on the “automatic occurrence of the legal consequences of the state of war” (namely, the absence of such conventional or customary norms in modern international law), as well as justifiably argues that there is no recorded case of an official declaration of war by the belligerent in any of the armed conflicts that occurred in the world after the end of the Second World War. At the same time, on the contrary, it is noted and justified the consolidation in existing international legal agreements of provisions on the legal consequences of the beginning and the end of other forms of armed conflict. In the case of international armed conflicts, this applies, inter alia, to the appointment of a Protecting Power, the establishment of a Central Information Agency for protected persons in a neutral country, the establishment of a National Information Bureau by the belligerents, the requirement for the release and repatriation of prisoners of war immediately after the general end of hostilities. With regard to the legal consequences of non-international armed conflicts, reference is made to the prohibition of attacks on civilians and civilian objects, the possibility of granting amnesty to members of illegal armed groups, and to extend to such non-international armed conflicts the provisions of the 1980 Convention and its Protocols prohibiting the use of certain conventional weapons, which is unjustifiably silent in domestic legal sources. The application of the principle of universal jurisdiction in relation to war crimes, including those committed during the armed conflict in the South-East of Ukraine, is substantiated.
For citation: Kremnev P.P. Forms and Legal Сonsequences of Beginning and End of Armed Conflicts.Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 215–235. (In Russ.). DOI: 10.17323/2072-8166.2021.5.215.235.

The article is devoted to theoretical and legal research of such a complex and multifaceted phenomenon as “electronic information”. The aim is to determine the concept, legal nature and types of such information in the context of the criminal process. The analysis used materialistic dialectics, legal hermeneutics (legal exegesis), special legal, comparative legal methods, sociological and linguistic approach (component analysis of lexical meanings and analysis of translation transformations), as well as the forecasting method. In the course of the study, it was shown that in the legislation, doctrine and law enforcement practice, there is no and still has not formed a unified approach to understanding electronic information in criminal cases. This is due to the fact that it is often compared with electronic evidence, while ignoring its criminal procedural nature. The author comes to conclusion that there is no legal legislative definition of the concept of “electronic evidence” and the possibility of operating with the term “electronic information” today, taking into account its cross-sectoral purpose, accordingly, an appropriate definition of this concept is proposed. In addition, an attempt was made to determine the types of electronic information on criminal cases, including those requested within the framework of international cooperation in the field of criminal justice, namely, the provision of mutual legal assistance, thereby such information takes on a supranational connotation. The works of both domestic and foreign lawyers served as a theoretical basis for the study, and among the regulatory framework, both international documents and the national legislation of the Russian Federation and a number of foreign countries were identified. It is also important to use in this manuscript as an empirical basis for research the materials of some criminal cases in which the phenomenon of “electronic information” appeared, as well as the information contained in the Practical Guide on the procedure for requesting electronic evidence from other countries jointly prepared by the UN Office on Drugs and Crime, the UN Security Council Counter-Terrorism Executive Directorate and the International Association of Prosecutors in collaboration with EuroMed Justice and Euromed Police programs.
For citation: Klevtsov K.K. General Description of Electronic Information on Criminal Cases in the Framework of International Cooperation. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 236–255. (In Russ.). DOI: 10.17323/2072-8166.2021.5.236.255

Over the past decades, the number of system challenges in health protection has rapidly increased, impacting every country, regardless of the economic well-being level. The situation is mainly driven by socio-demographic shocks, geopolitical instability, as well as the lack of a systematic approach to the development of legal regulation of the health sector at the international and national level. Health technologies are fundamental to providing health care, social care, and responding to natural and deliberate emergencies. Access to healthcare technologies is regulated by various branches of international law, which determines the complexity of this process, as well as the need to form special international legal mechanisms to ensure systematic counteraction to threats in the field of health protection, including emergencies. This article presents analysis of the access to health technologies role in rethinking the concept of human security at the international level, as well as in the framework of national security strategies. The author consistently examines the main directions for the development of health technologies transfer regulation, including the protection of the IP rights, the formation of global partnerships in the field of procurement, as well as the harmonization of legal regulation within the framework of regional economic integration initiatives. Special attention in the article is paid to the analysis of the main international regulation for data transfer and access to scientific knowledge necessary for health technologies transfer, as well as the assessment of national regulation. Based on the conducted analysis, the author formulates proposals for improving the international legal mechanisms regulating access to health technologies.
For citation: Malichenko V.S. International Law Regulation of Access to Health Technologies. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 256–285. (In Russ.). DOI: 10.17323/2072-8166.2021.5.256.285.

In most countries academic researchers have access to advanced academic telecommunications networks and infrastructures to test and demonstrate the results of their research work. These networks are usually funded by national or regional public authorities. To provide access to the academic networks on a wider scale, European and international collaboration initiatives have been taken. For the fixed network environment this may suffice but the situation is different in the wireless context, partly because here, researchers must, in one way or another, obtain spectrum usage rights. Today spectrum usage rights can be quite easily obtained in the restricted territorial space of a testbed. Yet, small-scale testbeds are not sufficient anymore for realistic validation, and the scientific community today needs large-scale field deployments working with the same radio spectrum as the commercial networks and capable of supporting new technologies and services. The evolution from lab testbeds to field deployments is required to increase the validation capabilities for complex systems like connected cars, massive Internet of Things (IoT) or eHealth solutions. Appropriate frequency bands, needed by researchers to carry out, for example, large-scale 5G experiments, are generally allocated via auctions and on an exclusive basis to large mobile network operators. While it is perfectly feasible for these MNOs to keep dedicated slices for tests and demonstrations in their networks separate from their day-to-day operations without negative effects for the latter, there are few regulatory mechanisms for stimulating MNOs to make parts of their spectrum usage rights available for the academic research community. All EU Member States allow shortterm licenses for the use of radio spectrum for research, testing, and experimental purposes, but procedures, requirements, and costs for obtaining such license vary significantly. These national differences do not allow for the creation of a persistent and pan-European network of wireless capacity for research, testing, and experimental purposes. On the secondary market, leasing or transferring radio spectrum usage rights is possible, and procedures seem more harmonized. The subject of the study is the legal regulation of the use of the radio frequency spectrum both at the international and national levels. As a result, general and specific approaches to its regulation, prospects for their further development are formulated. The work is based on a systematic approach. Various methods are used, such as formal-logical, comparative-legal, historical. Together, they make it possible to compile a complete picture of the development of legal regulation in the topic under study.
For citation: Dumortier J., Bogdanovskaya I. Yu., Vandesande D. International and National Law Aspects of Radio Frequency Spectrum Regulation. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 286–309. (In Russ.) DOI: 10.17323/2072-8166.2021.5.286.309.