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Digital Law Journal

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Vol 2, No 4 (2021)
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ESSAYS 

8-19 188
Abstract

Technical and information progress undoubtably have an influence on the trade market and the consumer service sector of the modern economy. The sphere of taxi companies is no exception. When a user downloads a taxi-aggregation company’s application and orders a taxi, using its information about a carrier, this causes uncertainty in the qualifcation of the legal relationship between aggregator, carrier, and consumer. This ambiguity becomes critical if non-performance of the contract causes injury or non-pecuniary loss to a passenger. In this case, a concurrence arises between contact and tort qualifcation of the claim against the carrier and/or aggregator. The essay examines approaches to the distribution of liability between the aggregator, the carrier, and other persons who could contribute to causing harm, from the point of view of contract and tort law.

20-39 122
Abstract

The article is devoted to the opportunities and key contradictions of the Russian state healthcare system digitalization project implementation. The authors analyze various aspects of the system digitalization algorithms in light of the federal project “Creation of the Single Digital Circuit in Healthcare based on the Unified State Health Information System”. The aim of the article was to identify problems within goal-setting, documentation development, and practical implementation of the healthcare system digitalization project, as well as to come up with proposals for eliminating these issues. The analysis showed the inefficiency of the expensive healthcare system digitalization project, which has both objective and subjective reasons for its low effectiveness. The authors come to the conclusion that it is necessary to eliminate a number of contradictions and barriers in the framework of the project implementation in order to increase the efficiency of both the healthcare system itself and the high budget federal project of the economy digitalization as a whole. The practical significance of the article consists in the applicability of proposed approach to making the necessary amendments to the current federal project documentation, which will ensure a focus on real needs within the framework of the initiative implementation. The work may be of interest to civil servants, initiators of projects on the healthcare system digital transformation, governmental bodies, healthcare organizations managers, students, and practitioners.

ARTICLES 

40-50 203
Abstract

This article has been prepared for the research purpose of identifying, disclosing, and justifying certain trends in the development of civil law and procedures in the context of the spread of smart contract practices and the expansion of their spheres of application. At the moment, there is no uniform approach to choosing an optimal form for the legal regulation of smart contracts within the system of contract law in modern legal systems or international law; meanwhile, globalization and the digitalization of the economy imply the growth of cross-border transactions. The emergence of smart contracts is due to the development of e-commerce, in which the parties’ interactions are carried out electronically instead of in physical exchanges or direct physical contact. Smart contracts gaining popularity in circulation are based on two interrelated elements: firstly, they eliminate a person’s direct participation in some or all cases of executing the agreement using an automated code designed for execution without reference to the intentions of the contracting parties after publication; secondly, they make use of decentralized blockchain technology, and also provide automatic code execution without any party’s potential intervention, so as to eliminate or reduce the self-control and third-party control of the commitment.

This study examines the content, conclusion, validity, protection of rights and legitimate interests of the parties, interpretation, and legal nature of smart contracts. The research materials used foreign experience in resolving disputes from smart contracts on digital platforms (Kleros, JUR, Aragon Network Justice, OpenCourt, OpenBazaar), as well as domestic and foreign literature on smart contracts. This research has been prepared based on general (deduction, dialectical analysis, intersectoral relations of objects) and specialized (comparative-legal, economic-legal) methods of scientific experimentation.

The authors conclude that there are no grounds for considering a smart contract as a new classification element of the system of contractual regulation (type or kind of contract). In addition, the analysis shows that the resolution of smart contract disputes through digital platforms remains radically uncertain, and currently is not creating obvious advantages in comparison with traditional judicial proceedings.

51-60 123
Abstract

Within the framework of this article, the author considers the features regarding the application and use of artificial intelligence (AI) in medical practice. This includes complex issues related to the personal liability of a doctor when making decisions on diagnostics and treatment based on an algorithm proposal (a system for supporting medical decisions), as well as possible options for the responsibility of the algorithm (AI) developer. The analysis provides an overview of the existing system for holding medical professionals accountable, as well as an assessment of possible options for the distribution of responsibility in connection with the widespread introduction of AI into the work of doctors alongside the possible introduction of AI into standard medical care. The author considers the possibility of establishing more serious requirements for the collection of information on the side effects of such devices for an AI registered as a medical device. Using the method of legal analysis and the comparative legal method, the author analyzes the current global trends in the distribution of responsibility for harm in such cases where there is an error and/or inaccuracy in making a medical decision; as a result of this, the author demonstrates possible options for the distribution of the roles of the healthcare professional and AI in the near future.

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ISSN 2686-9136 (Online)