Journal headings
"Legal sciences"

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.

Annotation: The article discusses certain issues of legal assessment of a person’s appropriation of found property belonging to another. The main approaches to distinguishing between theft and finding are analyzed. The article critically examines the arguments that taking possession of found property belonging to another cannot be considered theft due to the owner’s loss of actual connection with the item and, consequently, the inability to exercise the powers of an owner; the absence of selfish intent; the inability to assess the appropriation of found property belonging to another as seizure in the criminal law sense; and so on. It analyzes the provisions of civil legislation regulating the procedure for dealing with a find (Article 227 of the Civil Code of the Russian Federation) and the position of the Constitutional Court of the Russian Federation (Resolution No. 2-P of January 12, 2023) on the legal assessment of the appropriation of found property belonging to another. The article examines certain criteria proposed by crimi- nal law scholarship and law enforcement practice for distinguishing theft from finding: the owner’s or possessor’s observation of the process of losing property; the owner’s or possessor’s knowledge of the location of the forgotten item; the presence of individual characteristics in the property that allow for identification of the owner, etc. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article describes the specifics of protecting the preemptive rights of heirs. The study substantiates the specific nature of protecting this type of preemptive civil rights. The existence of the preemptive right of heirs as an independent subjective civil right is proven, which determines the ways, methods, and limits of its legal protection. The author defines the obligation corresponding to the heir’s preemptive right differently than in existing literature, which implies additional argumentation when defending the right. In writing this work, systemic analysis, methods of formal logic, comparative law, and synthesis of legal practice were used. The article shows the main ways and methods of protecting specific preferential rights of the heir, explores an approximate algorithm for proving these rights, and offers examples of argumentation of the legal position in court. Attention is paid to the validity of the decisions of the Supreme Court of the Russian Federation on certain controversial issues arising in the consideration of this category of cases. The conclusion is drawn that, in some cases, the position of the highest court should be brought into conformity with the law. The author substantiates the need for changes to the current legislation on notary services regarding granting the notary additional powers to establish trust management of inherited property, as well as to the legislation on business companies in situations where the inherited property includes shares in the authorized capital of a business company. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The purpose of the article is to consider the relationship between the conditions in which drug crimes are com- mitted and the content of the criminal situation that inevitably arises. It is noted that this category has not been practically studied in the forensic context. However, it is the existing conditions that affect not only the completion of illegal actions but also the mechanisms of trace formation, which reflect both the criminal’s personal charac- teristics and the subject of the offense. This, in turn, determines the choice of technical means and tactics when conducting investigative actions; direction of the investigation; and also identification of all circumstances that allow us to find out the full picture of the occurred criminal event. The emphasis is placed on the dependence of the conditions existing at the time of the crime on the place and time of the criminal intent. Understanding them in a forensic manner is crucial for conducting a complete, comprehensive, and objective investigation. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article examines the activities of computer clubs as a promising area of investment activity in modern eco- nomic conditions. Particular attention is paid to a comprehensive analysis of the legal regulation of this type of business activity in the Russian Federation, including the identification and systematization of sources of legal regulation. The work analyzes the current laws of computer club franchises represented on the Russian market. Based on data on the dynamics of opening new locations and payback indicators, the relevance and economic feasibility of acquiring franchise models in the computer club sector for potential investors have been assessed. Special attention was paid to the analysis and systematization of the advantages and risks of using franchising in the computer field. The results of the study make it possible to ensure the integrity of ideas about the legal economic aspects and aspects of the development of computer clubs through the use of business models such as franchising, which can be useful both for the economic downturn and for compliance with the regime of moderate and medium-sized entrepreneurship. In the text of the article, the Russian Federation is abbreviated as RF.