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Digital Law Journal

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Vol 3, No 1 (2022)
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EDITORIAL 

8-19 627
Abstract

The development of new technologies and the subsequent digitalization of the economy significantly affect legal relations, forcing us to rethink the usual institutions and establishing new problems that have not arisen before. The legal system can change, adapt and meet new challenges in two basic and interrelated ways: regulatory (that is, the adoption of new regulatory legal acts) and in the course of judicial resolution of legal conflicts that have developed within a particular dispute. The article provides an overview of the most significant cases considered by Russian courts in the field of digital law in 2021. A selection of court decisions was carried out in four areas of emerging judicial practice: 1) use of cryptocurrencies and other electronic currencies; 2) protection of intellectual property; 3) protection of personal data and information; and 4) violation of antitrust laws. The purpose of the article is to establish the current status of the development of law enforcement in the field of digital law in Russia and to demonstrate the multidirectional nature of legal relations, which are part of the subject area of digital law as an academic discipline. As a result, the main trends in the consideration of disputes by courts over the past year are determined.

ARTICLES 

20-31 176
Abstract

The digitalization of the economy provides additional opportunities for businesses to ensure their competitiveness, increase of the production of goods, works, services, and their export. However, in this case, risks and threats arise for other parameters of macroeconomic equilibrium, in particular, for the labor market. Thus, digitalization not only creates risks for jobs, as the replacement of human labor with capital within Industry 4.0 ensures the competitiveness of businesses but also forces workers to accept significantly worse working conditions. In 2021 in our study we noted the risks and threats to the labor market due to digitalization. In this article, we will describe possible solutions that can be implemented by state in the regulation of the labor market at the present stage of economic development and digitalization. The purpose of the article is to create an opportunity to establish a state digital platform on labor contracts as a basis for solving the following cases: compliance with the rules for drawing up labor contracts and fulfilling their conditions; compliance of online platforms with working hours; activation of the trade union movement, suppression of violations of the rights to meetings of trade unions on Internet platforms; establishment of the minimum wage and provision of guarantees for its payment to employees of Internet platforms; extension of the social security system to workers employed on Internet platforms (health, social and pension insurance, vacation pay). As a result, the research substantiates a necessity of creating the model of the state digital platform on labor contracts.

32-43 141
Abstract

The article examines the impact of digitalization on radioactive waste and spent fuel management in the EU. The purpose of the research is the legal mechanisms that launch new digital technologies to improve radioactive waste accounting and control over its management. To set the goals of the research, such methods of scientific knowledge as logical, system-structural and comparative legal analysis were used. New EU legal documents (EC Digital Strategy 2018 and Shaping Digital Future of Europe 2020) have triggered process digitalization in the EU. According to analysis the EU legal acts, the authors came to the conclusion that the EU Commission principles of digitalization are security, confidentiality, openness, transparency and simultaneity. EURATOM successfully applies digital 3D technology and simulation for dismantling planning of nuclear facilities. In turn, the European Commission uses digitalization applies to data collection and radioactive waste and spent fuel management in the EU Member States. In conclusion, it is determined that the EU has not yet adopted artificial intelligence act for radioactive waste and spent fuel management. However, the EU already has some experience. In the future the EU can adopt a new legal act that will summarize all the practice of the EC, EURATOM and EU Member States to regulate of digitalization in the EU radioactive waste management.

44-66 1935
Abstract

The year 2021 was a turning point in the development of digital art. The widespread use of a non-fungible tokens (NFT) in the art industry has revolutionized the modern understanding of intellectual property rights (hereinafter — IPR) and the transfer of IPR.

The role of agents as intermediaries between artists and art connoisseurs lost its importance, and so did the role of streaming services. Blockchain technology rewards creators for the sales of works on the secondary market and their subsequent use.

Today everyone heard of NFT. Nevertheless, what we know about NFT now is just the tip of the iceberg. The potential market for NFT is enormous: it goes far beyond the visual arts. It will only be a few years before we realize all the possibilities that NFT brings to the table.

The importance of an excellent legal framework for NFT is apparent. However, as it may seem, Russian legislation bypasses this aspect. Hence, is it possible to work with NFT in Russia? The answer to this question is significant for many who wish to be part of the international NFT market, such as museums, galleries, artists, musicians, entrepreneurs.

The purpose of the work is to substantiate the possibility of working with NFT in Russia in the absence of special legal regulation.

The authors, using systematic, deductive and comparative research methods, designate the place of NFT in the system of legislative regulation of digital assets. Using an empirical method, the authors demonstrate the feasibility of overcoming the legal hardships of NFT transactions in Russia on the examples of successful projects of tokenization of masterpieces of the State Hermitage Museum, works of other museums, private collections, and creations by young Russian artists.

The result of the work is the justification of the feasibility of working with NFT in Russia in the absence of special legal regulation and the formation of such a model for structuring transactions with NFT, which fully complies with the requirements of Russian legislation.

The materials of the research used domestic and foreign experience of tokenization of digital art objects, as well as domestic and foreign literature on legal problems of NFT.

BOOK REVIEWS 

67-68 109
Abstract

Review of a book Breznitz, D. (2021). Innovation in real places: Strategies for prosperity in an unforgiving world. Oxford University Press. https://doi.org/10.1093/oso/9780197508114.001.0001



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ISSN 2686-9136 (Online)