Publications
Nowadays the growth of courts’ caseload is usual for most jurisdictions. However, post-socialist countries have extremely high rates of caseload. Authors prove that main reason of such caseload is more ineffectiveness of legal system and court organization as well as unjustified access to justice. This article focuses on the indisputable and small cases in Russian courts. The court system is overloaded as a result of necessity to engage in non-targeted activities. Thus, the judicial system is largely idle to the detriment of its primary purpose.
The monograph is dedicated to the problems of using based on big data technologies in the legal profession. The first section deals with theoretical issues of interpretation of big data, as well as a number of limitations of the application of technologies in the field of social coordination. The second section analyses experience in the practical application of a number of technologies for legal purposes. The third section describes the results of an experiment on the use of artificial intelligence technologies to simplify the texts of legal acts in Russia. The work has an interdisciplinary nature and is addressed to authorities, legal and IT experts, who are responsible for the introduction of information technologies into the practice of public administration, as well as lecturers and researchers.
The article examines the legal aspects of the transformation of the system of public (state and municipal) financial control, observed in the process of the ongoing transition of the Russian state to the digital economy and digital public administration. The existing prerequisites for the construction of a new paradigm of control in the field of public Finance are considered and the main new (digital) mechanisms used in the activities of regulatory authorities are analyzed. The work mainly involved the formal-dogmatic method of research and the method of referring to the borderline branch of legal Sciences. As part of the second method, some works on civil and labor law were analyzed in terms of the use of new digital technologies. It was concluded that digitalization allows to conduct state (municipal) financial control at a completely new level, but it also entails new problems (risks), the identification and elimination of which is yet to be implemented.
The article analyzes the problems of reforming public (state and municipal) financial control, which is taking place at the present stage of the Russian state's existence. The Central phenomenon that the analysis focuses on is a risk-based approach to the organization of public financial control and its modernization in the context of digitalization of the public Finance sphere. The problem that permeates this study is to identify and analyze the positive and negative aspects of using a risk-based approach in the context of the transformation of public financial control.
From the above-mentioned research goal, we can distinguish a certain number of fundamental tasks that need to be solved by studying the above-mentioned problems. One of these tasks is the need to study a digital model of a risk-based approach to control activities, which is just beginning to be applied by regulatory authorities. Another important task is to identify and research new (digital) tools and technologies applied in the use of a risk-based approach in public financial control.
In this study, the following research methods were used, in particular: the formal-dogmatic method was used to study and analyze the legal norms governing the use of a risk-based approach to control activities; the method of legal forecasting was used to determine the possible further development of this approach and its modification due to the impact of the processes of digitalization of state control on it.
On the basis of the analysis the conclusions about the presence of positive and negative aspects of the updated risk-based approach model are made, and the impact of digitalization on changes affecting the organizational and legal mechanisms of public financial control is shown. In addition, forecasts are made regarding the further development of a risk-based approach to the organization of control activities in the field of public Finance, which may occur due to the further digitalization of the main state institutions.
The article examines the legal aspects of the transformation of the system of public (state and municipal) financial control, observed in the process of the ongoing transition of the Russian state to the digital economy and digital public administration. Attention is focused on the study of the legal principles that are applied in the functioning of public financial control. Finally, it is concluded that the application of digital technologies to the organization of public financial control should be built on specific fundamental principles.
The article examines topical problems associated with the implementation of the principle of federalism and federal principles in relation to the functioning of public finance in the Russian Federation. The current state and development of federal principles in financial law is considered, as well as the proposed trends of their development are identified and described.
The purpose of this study is to identify and study the existing trends in the development of the principle of federalism and federal principles in the field of domestic financial law. Within the framework of this goal, a number of tasks have been set, including the analysis of the tendency towards centralization of individual institutions of financial law (for example, the mechanism of public (state and municipal) financial control is taken).
The work mainly involves the formal dogmatic method, the method of legal forecasting and the method of referring to the border branch legal sciences. In particular, the latter method was used in the study of the federal structure of Russia (the achievements of the science of constitutional law were used).
In conclusion, the author concluded that there is no actual (real) federal structure in modern Russia, identified a clear tendency towards centralization of state (municipal) financial control, predicted possible negative results of the rapidly increasing centralization of powers of regulatory bodies in the field of public financial control.
The article is a study that demonstrates the development of such a type of territorial structure as federalism in Russia, starting from the Russian Empire of the early XX century and ending with the revolutionary events of 1917-1922. The author notes that the territorial structure of the Russian Empire can be described as complex, combining the features of both federalism and unitarism, and the Russian Federation is only beginning to build its own federal model. Within the framework of the historical and legal part of the work, the revolutionary events of 1917-1922 are investigated among other things from the point of view of possible construction of Federal model of the state structure, and it is noted, that contrary to the popular opinion about saving the Russian state integrity by the Bolsheviks at that time, historical events suggest the opposite. It is concluded, that the chances of building a federal state system in Russia during the historical development of this state have arisen repeatedly.
In the article in addition to the methods of formal logic (analysis, synthesis, etc.), the historical and legal method is mainly involved. It is used in the study of the history of the federalism formation during the Russian Empire, and then during the revolutionary events and the Civil War at the beginning of the XX century. In addition, the formal-dogmatic method was used to study the legal norms contained in the Soviet Constitutions, as well as in the Constitution of the Russian Federation.
The actual state of science and technology predetermines changes in the methodology of scientific research and social practices. The paper is dedicated to various aspects of information technology application in legal science and practice:
current technological development; prospects for the use of technology in legal research; examples of required regulatory changes.The author discusses the basic principles of the development of Big Data and the scope of Legal Tech.
Big Data in legal science operates in two main areas:
provides an opportunity to explain existing phenomena; provides the ability to predict the behavior in the legal sphere.Therefore, the methodology and philosophy of legal research significantly change. The application of Big Data makes it possible, on the basis of objectively obtained parameters, to build connections and correlations that are independent of the researcher’s commitment to any scientific concept. In other words, the research hypothesis is not built up before the research but is formed only after the interpretation of the obtained interrelations.
The example of the dynamic development of legal institutions reveals the problems associated with the need for an interdisciplinary combination of law and IT-technologies.
Legal science is characterized by the following set of problems:
1) the legal personality of artificial intelligence;
2) data collection and verification;
3) interpretation of the results;
4) the role of traditional tools;
5) “trust” to calculations;
6) the international nature of digitalization;
7) personal data.
Practical problems are associated with:
1) incorporation into the legislation of new principles, terms, definitions, and legal institutions;
2) workflow development;
3) the reliability of electronic documents;
4) the civil status of Big Data.