Law and order
Reference:
Bodrov N.F., Lebedeva A.K.
Analysis of the case law establishing circumstances of illegal distribution of generative content created using artificial intelligence
// Legal Studies.
2024. № 11.
P. 1-25.
DOI: 10.25136/2409-7136.2024.11.72540 EDN: TLSBYY URL: https://en.nbpublish.com/library_read_article.php?id=72540
Abstract:
The authors consider various cases from judicial and investigative practice related to the illegal distribution and use of generative content created using artificial intelligence technologies. Special attention is paid to the issues of proving the falsification of digital products created by neural networks, including voice and graphic deepfakes. The legal and technological aspects of the use of such evidence in court proceedings are analyzed. The authors also emphasize that there is no legal definition of a deepfake in the current legislation, and without this it is not possible to talk about the modernization of domestic legislation. Taking into account the pace of development of artificial intelligence technologies, it is necessary to define legally the deepfake. In the context of the rapid development of artificial intelligence technologies, it is necessary to regulate the deepfakes, taking into account the legal gaps that accompany the current level of artificial intelligence development and threats that are already real, which is confirmed by the considered judicial practice. The necessity of creating a data set for conducting experimental phonoscopic studies of phonograms with recordings cloned using neural networks of voices is substantiated. The methodological basis of the research is the universal dialectical method, general scientific (description, comparison, generalization, modeling, etc.) and private scientific methods. The novelty of the research lies in the identification and systematization of key problems related to the conduct of forensic examinations and the legal regulation of generative content. The paper presents recommendations for improving legislative norms and expert methods (using the example of forensic phonoscopic examination), including the need to create specialized databases and scientific and methodological approaches for the study of generative content. The conclusions of the article emphasize the importance of developing standards for diagnosing the use of generative artificial intelligence in the creation of digital products, as well as the need to improve the skills of experts conducting forensic examinations in relation to such objects. The obtained results can be used to form more effective mechanisms of legal response to the challenges associated with artificial intelligence technologies.
Keywords:
criminalistics, forensic science, voice cloning, neural networks, forensic practice, case law, generative content, forensic audio examination, deepfakes, database
Questions of current interest
Reference:
Kuznetsov M.S.
Artificial intelligence as an electronic person
// Legal Studies.
2024. № 11.
P. 26-37.
DOI: 10.25136/2409-7136.2024.11.72501 EDN: UEAZZM URL: https://en.nbpublish.com/library_read_article.php?id=72501
Abstract:
With the development of technology, artificial intelligence is becoming an important part of the creative process, which raises many questions about traditional ideas about the author and copyright owner within the framework of current legislation. The article examines aspects related to artificial intelligence as a potentially new subject of copyright, analyzes its individual legal aspects in which artificial intelligence can be considered as an independent subject, and provides examples of existing precedents. At the same time, the current legislative gaps in the use of artificial intelligence as an author are being investigated, and issues related to the possibility of recognizing copyrights to works created by artificial intelligence, including the use of the term "creativity" in relation to the results of its activities, are being considered. The methodological basis is the universal dialectical method of cognition. General scientific and specific scientific methods were used : formal-logical, structural-functional, formal-legal and others. As a result of the conducted research, it was concluded that it is possible to introduce into legislation, along with a legal entity and an individual, a new entity – an electronic person. The scientific work formulates the author's concept of "electronic person", which has gained special relevance in the conditions of digitalization of modern society. It is assumed that an electronic person will be able to act as a subject of legal relations in the field of copyright, able to create new original works, recognize ownership of the results of his creative activity. In addition, the legal consolidation of an electronic person will establish the possible actual limits of the legal liability of artificial intelligence in the Russian Federation and determine who invested in it erroneous or deliberately incorrect source data that could harm both the individual and society as a whole.
Keywords:
author, responsibility, rights and freedoms, intellectual rights, intellectual property, electronic person, copyright, copyright subject, creative activity, artificial intelligence
Reference:
Rukoleev V.A., Zadorina M.A.
The right to access information: balancing public and private interests
// Legal Studies.
2024. № 11.
P. 38-54.
DOI: 10.25136/2409-7136.2024.11.72106 EDN: UGAYIN URL: https://en.nbpublish.com/library_read_article.php?id=72106
Abstract:
The article is devoted to the study of the subjective right of access to information. The authors set themselves the goal of examining this right through the prism of a balance of public and private interests. The basic views on the relationship between private and public interests are set out in the work by analyzing the judicial practice of the Constitutional Court of the Russian Federation on disputes related to the exercise of the right of access to information. The relevance of the study is due to the problem of disproportionate restrictions on the right of access to information observed in law enforcement practice, the lack of an unambiguous solution to the issue of a combination of public and private interests in legal science, as well as the aggravation of the international political situation. The subject of the study is the judicial practice of the Constitutional Court of the Russian Federation related to the application of legislation on the right to access to information, the norms of the Constitution of the Russian Federation and other normative legal acts regulating legal relations related to the realization of the right to access to information, as well as the works of domestic legal scholars. The methodological basis of the research was made up of general scientific methods, and from among the special legal methods - the formal legal method. Among the general scientific methods, the work used general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), as well as a structural and functional method that allowed reflecting the structure of the right to access information and consistently revealing each element. Based on the legal positions of the Constitutional Court of the Russian Federation, the characteristics of the relativity properties of the right to access information in general and its elements – the right to access open information and the right to access information affecting rights, freedoms and legitimate interests are given. According to the results of the study, it was found that the right to access information affecting rights, freedoms and legitimate interests anticipates the realization of other rights and freedoms. And a related right – the right to access open information – gives the information circulating among the general public the property of completeness. In this regard, the restriction of these rights, as well as the right to access information in general, is possible as an exceptional measure, taking into account the balance of interests of the individual, society and the state.
Keywords:
limitation of the right, citizen, legal position, access to information, balance of interests, interest, information, confidential information, intelligence, relative law
Law and order
Reference:
Staroselets O.S.
Features of criminal prosecution for intentional bankruptcy and for a combination of crimes with related compounds
// Legal Studies.
2024. № 11.
P. 55-66.
DOI: 10.25136/2409-7136.2024.11.72289 EDN: UIMJRZ URL: https://en.nbpublish.com/library_read_article.php?id=72289
Abstract:
The subject of this study is a criminal law regulating liability for intentional bankruptcy in relation to fraud, abuse of authority and embezzlement, as well as forgery of documents. The assessment of the competition of the elements of crimes related to intentional bankruptcy traditionally arises in practice in the vast majority of criminal cases considered by the courts. The problem of considering the issue of the correct qualification of the actions of the perpetrator, which led to the insolvency (bankruptcy) of the enterprise, is based on the presence of concomitant actions indicating signs of related crimes, as well as in the double accounting of one damage by several compositions. The purpose of this study, first of all, is to choose the distribution of aspects of competition, the totality and the general ratio of crimes related to intentional bankruptcy. Such an analysis of the constructions of criminal law norms will ensure the identification of the main differentiating factors in the qualification of the actions of the perpetrator that led to insolvency (bankruptcy). The main method in this study is a comparative legal analysis of competing crimes with reference to judicial practice. The novelty of this study lies in the need to study not only related elements of the crime, but also the introduced novel, which expanded the construction of Article 196 of the Criminal Code of the Russian Federation by introducing qualifying compounds capable of displacing some competing norms in practice. On the basis of which, the issue of the subsequent displacement of adjacent compounds by introducing appropriate qualifying features in Article 196 of the Criminal Code of the Russian Federation is considered. Thanks to this study, the actual problem of the correct qualification of the actions of the perpetrator in the presence of competitive compositions has been identified. Based on the results of the work done, proposals have been put forward for further improvement of legislation regulating the procedure for bringing to criminal responsibility for committing a crime under Article 196 of the Criminal Code of the Russian Federation and in case of competition with related offences under Articles 159, 160, 201, 327 of the Criminal Code of the Russian Federation.
Keywords:
Competition of offences, Related offences, Aggregate offences, Forgery of documents, Abuse of authority, Fraud, Embezzlement, Intentional bankruptcy, Criminal law, Crime
Теория и философия права
Reference:
Trush V.M., Gomonov N.D., Timohov V.P.
Methodology of the study of the characterology of delinquent behavior
// Legal Studies.
2024. № 11.
P. 67-74.
DOI: 10.25136/2409-7136.2024.11.71002 EDN: UJLQID URL: https://en.nbpublish.com/library_read_article.php?id=71002
Abstract:
In the framework of this article, the authors state the expediency of further searching for determinants of delinquent behavior at the junction of criminology and criminal psychology. Therefore, by clarifying and developing methodological tools, it is expected to significantly supplement knowledge about the mechanisms of committing crimes. The object of the study is the social relations formed in the process of the study of the characterology of delinquent behavior. The subject of the study is the characteristics of persons demonstrating offending behavior, criminal law, scientific papers reflecting the problems analyzed in the work. The research base was made up of convicts in special regime colonies, law-abiding citizens, as well as a set of scientific works on criminology and legal psychology by domestic and foreign authors. The purpose of this work is defined as the identification of the basic foundations, theoretical and methodological foundations of the characterology of delinquent behavior. The methodological basis of the work consists of the laws and categories of dialectical materialism and a historical approach to the interpretation of socio-legal phenomena. The methodology is represented by a complex of general scientific and private scientific methods. The main methods of work are extrapolation and the method of expert assessments. The novelty of the study lies in the proposals made to clarify the methodology used in the study of the characterology of individuals, which determines various variants of delinquent, including criminal, behavior. As a result of the conducted research, the authors conclude that further refinement of the methodological apparatus makes it possible to identify the essence of the mechanism of committing a crime. In addition, the presented basic principles can be used as the basis for studying the deviant manifestations of an individual, based on a phenomenological approach – consideration of the features of speech activity. Further specification of research tools will make it possible to more clearly identify the qualitative and quantitative characteristics of criminogenic infection of a person. This information will provide an opportunity to improve the quality and effectiveness of individual crime prevention. At the end of the work, the prospect of scientific research in this area was announced.
Keywords:
bifurcation points, criminogenic infection of the personality, delinquent behavior, mind, characterology, extrapolation, research methodology, crime, criminology, crime prevention