Suchergebnisse

Goal. In the article we research applicability of business judgement rule to actions of a majority shareholder taking in the account specificities of non-public commercial corporations. Analysis of application of the rule to a majority shareholder's actions in view of non-public corporation's legal nature was conducted only in the Peeples' paper [13]. However, this analysis fails to take into the account ability of shareholders of corporations to apply informal sanctions against each other. The goal of this article is to supplement current understanding of legal nature of non-public corporation and to elaborate additional grounds for application of the rule. Inferences. In the article we confirm the conclusion that justification of application of the rule in non-public corporations has specificities derivative from the legal nature of such corporations. Besides that, we conclude that the rule's application may depend upon ability of shareholders to deter opportunistic behavior by informal sanctions. Value. The article for the first time proves that the legal nature of non-public corporations depends not only upon trust between shareholders, but from their ability to apply informal sanctions as a mean of protection from opportunistic behavior of a counteragent. Given this, we suppose that the state's role in protection of rights and interests of minority shareholders may be decreased.

The purpose of the research presented in this article is to study the prospects for the development of legal institutionalization of digital technologies in the context of public policy. This involves solving such research tasks as analyzing international requirements and trends in the legal regulation of digital processes and law enforcement, identifying problems and prospects of legal regulation in the context of digitalization, as well as describing trends in the development of law enforcement practice in the context of digitalization. The study made it possible to note a number of conclusions. The author notes that international requirements and trends in the legal regulation of digital processes and law enforcement create standards for the introduction of information technologies in public administration and the economy. Improving the competitiveness of domestic jurisdictions is one of the areas that reflect the effectiveness of measures to introduce digital technologies applied at the national level. Identification of problems and perspectives of legal regulation in the conditions of digitization has allowed the author to note that in the current circumstances, it is evident the further development of the recognition of digital technologies and actions as legal facts, identification of subjects, bases and procedure for the implementation of subjective rights and legal obligations in the information environment. It is emphasized that in the future it is necessary to solve questions about intellectual property, the legal status of artificial intelligence as an object of legal relations. As trends in the development of law enforcement practice in the context of digitalization, it is noted that we should expect the continuation of measures to digitalize legal proceedings, which require organizational decisions, including identification of the parties to the process, certification of credentials, obtaining certified judicial acts remotely. In the sphere of activity of Executive authorities, the introduction of electronic methods of exercising power for the provision of state and municipal services, as well as the implementation of state and municipal functions, continues.

Most countries are making significant efforts to combat corruption. International organizations have developed effective recommendations that have allowed many states to achieve success in the implementation of anti-corruption policies. Using these recommendations Russian Government has developed and implemented effective methods for combating this social phenomenon. Currently, the results obtained from anti-corruption activities are declining. Having considered the tendencies in the development of anti-corruption mechanisms in Russia and worldwide, the authors concluded that there is a delayed decrease in efficiency from the use of anti-corruption methods. In particular, the method of transparency in the long-term period leads to the complication of relations between the corruption interaction subjects, instead of corruption neutralization. To overcome the effect of the delayed decrease in efficiency, the authors put forward a hypothesis about the need to introduce big data processing technologies and artificial intelligence into the anti-corruption system. The work analyzes the foreign experience of using these tools. Based on the results of the analysis, the authors identified problems encountered by foreign specialists and gave recommendations on the organization of anti-corruption activity in Russia. The article proposes the author's structure of an artificial intelligence system that carries out a comprehensive anti-c

This article is devoted to the forensic analysis of the factors (cyberthreats) determining a negative information impact on recipients' worldview in the Internet environment (changes in values, emotional perceptions, and expressions of will, etc.). Findings are founded on the concepts of deviant and delinquent speech behavior, the authors also outline definitions of criminogenic, aggressive, destructive, harmful, conflictogenic, and discrediting (defamatory) information and define the semantic field 'destructiveness of information impact'. The research is based on an interdisciplinary legal and linguistic approach and uses methodology of information law (cyberlaw) and forensic speech science (forensic linguistics) for integral examination of aggressive information products (that are threatening worldview security of Internet communication) in several ways: 1) as speech actions related to law violations (verbal components that reflect actus reus of crimes, administrative offences, and civil torts); 2) as a result of communication activity; 3) as a source of forensically valuable information. The article covers such worldview security threats as defamation; libel; insult; propaganda of drugs, pornography, gambling, violence and cruelty, murder, autodestructiveness (including suicide), extremism (including terrorism); cyberbullicide; cybersuicide; cybergrooming; sexting; sex blackmail; doxing; outing; faking; astroturfing; cybertrolling; flaming; cyberbullying; cybermobbing; harassment; impersonation; exclusion (ostracism); stigmatization; cyberstalking; threats; hating; 'happy slapping', etc. The authors formulated the list of offenses, entailing the commitment of criminogenic and conflictogenic speech actions (in accordance with the current Russian civil, administrative and criminal legislation), as well as the list of types of information prohibited or restricted in distribution as harmful to the health and development of children (according to the current Russian legislation) are of urgent applied significance

The article reveals conciliarity as a concept developed in Russian philosophy and as a phenomenon of society inherent in almost all social relations, develops a methodology for the study of conciliarity, indicates the vectors of the development of the conciliar principle in the social life of modern Russia. On the theoretical side, the es-sence of conciliarity lies in the spiritual unity of a group united by a common search for absolute values, living a historical destiny, a sense of mutual assistance, respect for the dignity and uniqueness of each individual. The core of such unification is a common religious feeling, the search for opportunities to jointly improve oneself and the world. As an inherent property of society, conciliarity is the basis of trust in another. Stable unity in a group, organization, or country is achieved only if each individual is perceived as similar to himself, as self-valuable, containing an element of goodness. Conciliarity in the social space compensates for the alienation, otherness of each person, fear of the other. The relevance of the idea of conciliarity in modern society is in-creasing due to the growth of social distrust, relativism of values, disillusionment with common goals. The risk of society splitting into value-based "parties" fighting each other is increasing. The practical significance of the work is due to the need for new mechanisms of integration of society that do not affect the field of personal values, preserve ideological pluralism, but contribute to the growth of a sense of belonging to a common cause, a single history.

The article is devoted to the study of the problems of the legal status of the self-employed as subjects of entrepreneurial activity. The legal nature of the activities of self-employed persons is studied; the self-employed are qualified as subjects of micro-entrepreneurship; an approach to the implementation of their bankruptcy is developed. A sociological study aimed at identifying the opinion of students about the gaps in the regulatory regulation of the legal status of the self-employed is undertaken. The correctness of the legal qualification of the self-employed as entrepreneurs is argued. The necessity of differentiation of the legal regime of activity of this category of citizens is proved. The content part of the modified concept of entrepreneurial activity is formulated. On the basis of a comparative legal analysis of the regulation of commercial and consumer insolvency in Russia and Germany, conclusions are drawn about the expediency of applying the rules of consumer insolvency to the self-employed due to their special legal status, as well as about providing them with the opportunity to continue their business activities after the completion of the bankruptcy procedure

The article analyzes Eurasianism as an ideological trend and as a socio-philosophical tradition, as well as the role played by the Eurasian worldview in the formation of Eurasian philosophy. The interrelation of the ideas of the Eurasians with Russian cosmism, especially with the creativity of those of its representatives, which belongs to the ХХ century, is subjected to a separate consideration. The authors of the first book of the collection "Exo-dus to the East" analyze the specific features of the understanding of religiosity and nationalism. The review takes place against the background of the analysis of the thesis about the opposition of Eurasianism to the main trends of modern science and the rejection by Eurasians of the materialistic worldview. The concepts of the first generation of Eurasians, the theoretical and philosophical constructions of Russian cosmists and the doctrine of the ethnos of L.N. Gumilev are consistently analyzed. The evaluation of the teaching of the Eura-sians as compatible with the main directions of modern science and tolerant to the theoretical and methodolog-ical attitudes of materialists is substantiated.

"Being", "Reality", "Meaning" in the Process of Evolution of Philosophical and Theoretical Thinking

The article discusses the implementation of the principles of transparency and accessibility in the regulations governing the procedure of scientific attestations in Russia. The characteristic properties of the legal principles of accessibility and publicity are highlighted. The article examines the manifestation of the principles of transparency and accessibility in federal legislation and local regulations of organizations that have the right to independently award academic degrees.

The paper considers the current state and prospects of development of unmanned (highly automated) vehicles in Russia. Relying on the strategic direction that the vehicles functioning in unmanned mode should be gradually included into the already established transport system without exposing other road participants to danger and ensuring the observance of traffic rules, the article gives a detailed analysis of vulnerabilities and risks that have to be faced in the development and operation of highly automated vehicles. The global practice shows that not only technical and organizational means, but also legal measures play a major role in ensuring the safety of unmanned vehicles. The authors propose to develop legal measures aimed at preventing the harm caused by unmanned vehicles to be implemented within the framework of Chapter 27 of the RF Criminal Code "Crimes against traffic safety and vehicle operation".