Journal headings
"Legal sciences"

Annotation: The subject of a comprehensive analysis in the article is the multifaceted problem of agreeing with the beneficiary on the revocation and modification of an independent guarantee by the guarantor after its issuance (legal significance and procedure for giving consent, the nature and form of the beneficiary’s expression of will, etc.). The methodological basis of the study is made up of general theoretical (formal and dialectical logic) and specific scientific (legal- dogmatic, interpretation of legal norms, legal modeling, comparative legal) methods. As a result, the author, in particular, substantiates the theoretical acceptability and practical relevance of the constructs of revocation and modification of an independent guarantee; proves the rationality of adjusting the civil legislation in terms of giving the permit procedure the «status» of a basic one (taking into account which the beneficiary’s expression of will could be qualified as the consent of a third party to the transaction); recognizes the logic of not only subsequent, but also preliminary approval; indicates the inappropriateness of using the concept of the dependence of the form of the beneficiary’s expression of will on the form in which the independent guarantee is issued. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to an analysis of trends in the development of tort law in the context of regulation of rela- tionships involving the use of artificial intelligence (AI), based on the model legislation of the CIS. The central issue of the study is the question of whether it is necessary to create fundamentally new legal mechanisms of liability for harm caused by AI, or whether it is possible to adapt existing civil law institutions. The methodologi- cal basis of the work is a comparative legal and regulatory analysis of the provisions of the Recommendations on the Regulatory Regulation of the use of artificial intelligence, including ethical standards for research and development and the CIS Model Law "On Artificial Intelligence Technologies". As a result of the study, key trends that underpin model regulation have been identified and analyzed: the expansion of strict (objective) liability by equating high-risk AI systems with sources of increased danger; the channeling of joint liability toward specific entities (owner, developer, operator); the socialization of risks through mandatory civil liability insurance; and the strengthening of consumer protection in the digital environment. The author’s main conclusion is that legal regulation of tort liability in the field of AI demonstrates continuity and an evolutionary nature, refuting the position that it is necessary to create an entirely new, “non-anthropocentric” system of liability.

Annotation: Currently, in domestic housing legislation, the norms governing the short-term rental of residential premises require changes that will be based on the legal position of the Constitutional Court of the Russian Federation, delimiting short-term rental of residential premises and the provision of hotel services. Courts of general jurisdiction continue to issue decisions that prohibit citizens from providing their own housing in the short term, equating this activity with the provision of hotel services. The draft federal law regarding the settlement of short-term rental of residential premises does not eliminate the contradictions reflected in the Decree of the Constitutional Court of the Russian Federation of March 23, 2023 No. 9-P “In the case of checking the constitutionality of part 3 of article 17 of the Housing Code of the Russian Federation in connection with the complaint of citizen P.E. Bakhirev.” The authors determine the prospects for the further development of legislation in terms of regulating the provision of residential premises for temporary residence to third parties. In order to maintain a balance of interests among all property owners in an apartment building, along with other measures, it is proposed to create a list of criteria to determine whether the provision of housing constitutes short-term rental or hotel services. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: In contemporary legal doctrine, the category of «transport infrastructure» is often employed in a fragmented manner – in object-based, managerial, or public-regulatory terms – which hampers its holistic conceptualization as a complex legal phenomenon and obscures its place within the system of civil-law organizational relations. This article examines the legal nature of transport infrastructure through a comparative analysis with energy infrastructure as a typologically related network-based legal formation. The methodological framework combines systemic and functional approaches, comparative legal analysis, and the provisions of the theory of organizational civil-law relations. It is demonstrated that, although transport and energy infrastructures belong to the same general type of network formations, they differ significantly in the mechanisms ensuring their stability: energy infrastructure is characterized by a model of public-law centralization, whereas transport infrastructure operates as a distributed system of contractual and legal coordination. It is substantiated that contracts governing the use of transport infrastructure perform primarily a coordinating function, ensuring the alignment of participants’ actions and the integration of public-law and private-law regulatory mechanisms. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: Artificial intelligence technologies are increasingly being used in the creation of intellectual property, which raises a number of new theoretical and practical issues in the field of Russian copyright law. This article explores the challenges of legal classification of works created using artificial intelligence systems, as well as the difficulties that arise in law enforcement practice when determining their legal regime. The purpose of this research is to identify gaps and contradictions in current civil legislation regarding the assessment of the role of humans and algorithms in the creative process. The methodology of this research is based on formal legal and systemic approaches, as well as elements of comparative legal analysis and the study of judicial practice. As a result, it is concluded that the key problem is not the lack of special norms, but the uncertainty of the criteria for legally significant human participation in the use of artificial intelligence. It is concluded that it is necessary to develop unified approaches to the qualification of such results in order to ensure uniform law enforcement and legal certainty. In the text of the article, the Russian Federation is abbreviated as RF.