ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF INFORMATIZATION
Reference:
Atabekov A.R. —
Legal Analysis of the Legal Personality of Artificial Intelligence, through the Prism of "Animals", "Human" and other Persons for the Stability of the Structure
// Administrative and municipal law.
– 2023. – № 2.
– P. 1 - 10.
DOI: 10.7256/2454-0595.2023.2.39934 EDN: JGRTAA URL: https://en.nbpublish.com/library_read_article.php?id=39934
Review:
The author explores the phenomenon of the legal personality of AI through the prisms of the constructions of the rights of animals, humans and certain types of persons. Theoretical and practical approaches to highlighting the legal personality of AI through the prism of a legal entity, animal, human are considered. Practical approaches are being studied on the conditions for the allocation of legal personality through the construction of Habeas Corpus, membership of the "board of directors", as well as the authorship of AI. The main legal structures for the implementation of this legal personality, the positions of the relevant authorities, as well as the stability of individual decisions at the level of consideration by the judiciary and compensatory legal measures that ensure the safe integration of AI into the sphere of public legal relations in Russia are determined. The subject of the study is the formalization of the actions of artificial intelligence as a separate subject of law in the private legal and public fields. The object of the study is regulatory documents, recommendations and other documents regulating the issues of distinguishing the legal personality of AI in Russia and foreign countries, academic publications on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. The measures proposed as a result of the study can be applied in the legislative and law enforcement practice of relevant authorities implementing the integration of artificial intelligence into the sphere of public and public relations in Russia.
Keywords:
legal personality of AI, public law, Habeas Corpus, information law, comparative legal study of artificial intelligence, electronic person, artificial intelligence, AI authorship, legal entity, government regulation of AI
Theory and science of administrative and municipal law
Reference:
Burganova G.V. —
Legal Procedures in Regulation of the Provision of Land for Burial
// Administrative and municipal law.
– 2023. – № 2.
– P. 11 - 23.
DOI: 10.7256/2454-0595.2023.2.39693 EDN: EVBOWL URL: https://en.nbpublish.com/library_read_article.php?id=39693
Review:
The purpose of the article is to analyze the content of the legal procedure for providing land plots for burial. The article considers the law enforcement aspects of the implementation of this legal procedure based on the analysis of the norms of the current Russian legislation on the funeral business. The subject of the article is the norms of Russian legislation on burial and funeral business. Based on the analysis of the stages of the provision of municipal services for the provision of land plots for burial, the procedural-declarative nature of the implementation of the right to burial is substantiated. The participants of the relevant legal procedure are identified and the sequence of actions in the provision of this service is determined. In the course of writing the article, modern methods of scientific knowledge, both general scientific and private, were used. The author used methods of analysis, synthesis, inductive-deductive method; the analysis of the Russian legislation on burial and the funeral business was carried out using the formal legal method. As a result, the main directions for improving the legal regulation of the legal procedure for the provision of land plots for burial are proposed; the place of legal procedures in the matter of meeting the socially significant need in organizing the burial place of a deceased person is determined. The author concludes that the procedure for the provision of land plots provided for by law is of an administrative nature, since it is carried out as part of the procedure for the execution of state or municipal services. The specific nature of the limited rights to the burial place allows us to consider the regime for using the land plot provided for burial as a unique land-legal regime that requires proper legislative registration.
Keywords:
law, cemetery, land plot, safety requirements, local government, management, administrative legislation, land legislation, burial place, provision of a land plot
ADMINISTRATIVE AND MUNICIPAL LAW AND FINANCIAL ACTIVITY
Reference:
Fedchenko K.I. —
Legal Financial Framework for Regulating the Contract System for the Procurement of Goods, Works and Services for Public Needs
// Administrative and municipal law.
– 2023. – № 2.
– P. 24 - 35.
DOI: 10.7256/2454-0595.2023.2.39925 EDN: CNFUOY URL: https://en.nbpublish.com/library_read_article.php?id=39925
Review:
The purpose of the study is to identify the key legal financial framework for regulating the contract system for the procurement of goods, works and services for public needs. The scientific novelty of the study lies in the fact that it not only substantiates the legal financial basis for regulating the contractual system, but also formulates the limits of the relevant regulation. At the same time, it was concluded that the legal financial regulation of the contract system is (and should be) limited, concentrating purely on the sphere of power and property legal relations of a public nature that arise and are implemented within the framework of the financial activities of the state and are associated with the formation, distribution and using state centralized funds. However, despite the presence of the above-mentioned limits of the legal financial regulation of the contract system, it is the financial and legal framework that acts as the basis of the contract system, since they mediate the correlation between the budget and procurement processes in the framework of achieving a single goal - the effective satisfaction of public needs while optimally spending budget funds.
Keywords:
imperative method, financial legal relations, budget spending, procurement process, budget process, finance law, state needs, contract system, public law regulation, administrative law