Medical nanorobots in the focus of law

Objective: to form doctrinal bases and mechanics of legal regulation of using medical nanorobots; to conceptualize the idea of nanorobotics law within the frameworks of its basic definitions, safety norms, risks, typology of devices, and legal parameters of technological terminology.Methods: the cognition tools are represented in the form of integration between general scientific and modern special legal methods (including the methods of comparative legal studies, legal modeling and juridical forecasting, NBICS-convergence), which, taken as a whole, allow distinguishing in the study object not only juridical proper, but also anthropological, biomedical, informational, and mechanistic research projections.Results: the author’s definition of the medical nanorobot concept was formulated; the legal content and quasi-legal aspects of the definition that are important for the theoretical and applied development of terminology were investigated; the signs of related concepts (biomedical robot, nanorobotic system, medical nanorobotic system) were identified and logical connections between them were established; the classification of the main types of risks associated with the practical use of medical nanorobots was carried out; the list of theoretical and legal contradictions that are potentially capable of negatively affecting the future development of regulatory practice was revealed; the Russian and foreign experience of legal regulation and doctrinal understanding of the problems of medical nanorobotics (by the examples of the USA, Japan, Europe, China) was considered.Scientific novelty: under the lack of interdisciplinary research, an attempt was made to comprehensively consider the concept of a medical nanorobot in a technological, legal and communicative way (“human robot” on a nanoscale) based on the advanced scientific research that defines the foundations of the future nanorobotic law. It is recommended to supplement the synergetic development of biomedical and related technologies, reflected in the models of robot law and robot ethics, with relatively independent concepts of nanorobot law and nanorobot ethics.Practical significance: based on the analysis of the legal regulation system in force in Russia and abroad, mechanisms for improving domestic legislation were identified, including taking into account the achievements of juridical crowdsourcing. Within the framework of socio-humanitarian issues, a contribution to the development of legal, sociological, and psychological science is formed. A scientific and methodological basis was prepared for further legal research and law-making activities in the field of medical nanorobotics

Algorithmic Discrimination and Privacy Protection

Objective: emergence of digital technologies such as Artificial intelligence became a challenge for states across the world. It brought many risks of the violations of human rights, including right to privacy and the dignity of the person. That is why it is highly relevant to research in this area. That is why this article aims to analyse the role played by algorithms in discriminatory cases. It focuses on how algorithms may implement biased decisions using personal data. This analysis helps assess how the Artificial Intelligence Act proposal can regulate the matter to prevent the discriminatory effects of using algorithms.Methods: the methods used were empirical and comparative analysis. Comparative analysis allowed to compare regulation of and provisions of Artificial Intelligence Act proposal. Empirical analysis allowed to analyse existing cases that demonstrate us algorithmic discrimination.Results: the study’s results show that the Artificial Intelligence Act needs to be revised because it remains on a definitional level and needs to be sufficiently empirical. Author offers the ideas of how to improve it to make more empirical.Scientific novelty: the innovation granted by this contribution concerns the multidisciplinary study between discrimination, data protection and impact on empirical reality in the sphere of algorithmic discrimination and privacy protection.Practical significance: the beneficial impact of the article is to focus on the fact that algorithms obey instructions that are given based on the data that feeds them. Lacking abductive capabilities, algorithms merely act as obedient executors of the orders. Results of the research can be used as a basis for further research in this area as well as in law-making process

Quantum Law: The Beginning

Objective: to formulate the bases for quantum law as the law of the future, based on the study of quantum phenomena and features of quantum technologies determining the risks and challenges associated with the emergence of these technologies, as well as the analysis of legal regulation of quantum technologies in the Russian Federation and abroad.Methods: to carry out this research, the authors applied a complex of general scientific methods of systemic analysis and specific methods of engineering and legal sciences. The use of comparative-legal method allowed revealing the main directions of developing legal regulation of quantum technologies in the Russian and foreign law orders based on the analysis of their international and national regulation. The method of legal modeling allowed forming a concept of quantum law, revealing the main vectors of its development and the complex of its ethical-legal principles.Results: the features and properties of quantum technologies were revealed which can change the development of law with the advent of these technologies; the main risks and challenges were identified which are associated with the development of quantum technologies; the features of quantum technologies regulation in some foreign countries were specified; the trends of developing the quantum technologies regulation in the Russian Federation were identified; the conceptual bases of quantum law were formulated, as well as the vectors of its development.Scientific novelty: for the first time in the legal science, a complex analysis of the current national (both Russian and foreign) regulation of quantum technologies was carried out, based on which an attempt was made to substantiate the need to form quantum law and to outline the main vectors of its development.Practical significance: the research results lay the foundation for forming the concept of quantum law; in this regard, the authors’ conclusions and proposals for improving the current regulation of quantum technologies can be used in law-making and law enforcement in this sphere, and may lay the bases for further research in the sphere of quantum technologies

Employing the Responsibility to Protect (R2P) to Impose Universal Jurisdiction Regarding Cyber-Terrorism

Objective: the development of wireless technologies and digital infrastructure has radically changed the human habitat, giving rise to a new type of space -a cyberspace. The uniqueness and peculiarities of this environment, including anonymity, boundlessness and problems related to the determination and establishment of jurisdiction, have become a breeding ground for the emergence of a new global threat - cyberterrorism. The latter is characterized by a high level of latency, low detection rate and incomparably greater danger than “real world” crimes. Countering new forms of crime has required the development of universal tools that overcome the limitations of traditional jurisdiction and allow states to prosecute terrorists in cyberspace. Identifying the relevant tools and identifying the political-legal obstacles to their implementation is the objective of this study. Methods: to achieve the set goal the formal-legal method was used to analyze legal sources, including judicial practice, national legislation, and international acts. The doctrinal approach was also used, which allowed, on the basis of scientific works and theoretical constructions, explaining the complexity of the modern phenomena and predicting their future development. This said, the main focus is on criminals to prove their antagonism with humanity in accordance with theoretical views. Finally, the study analyzes the theories of universal and traditional jurisdiction and how they are applied to prosecute terrorists.Results: the paper provides a critical analysis, reviewing and adapting the concept of jurisdiction as applied to a global, borderless and decentralized digital environment (cyberspace) and to the struggle against new forms of terrorism (cyberterrorism). Various jurisdictional models applicable in cyberspace are presented. The author bridges the gap between the main branches of law: international private law and public law by linking, in relation to cyberterrorism, the two theories: the “responsibility to protect” (R2P) theory and the application of universal jurisdiction. The trends of universal jurisdiction development are revealed.Scientific novelty: the study develops the accumulated scientific knowledge while justifying the introduction of foreign jurisdiction in a state territory to prosecute cyberterrorists. It also establishes a link between the theory of universal jurisdiction in private international law and the “responsibility to protect” (R2P) theory in public international law, recognizing the latter as a relevant basis for the introduction of universal jurisdiction over cyberterrorism. Such traditional concepts as sovereignty and jurisdictional independence are reviewed. The gap related to the consideration of cyberterrorism as a crime against humanity in international law is bridged.Practical significance: the implementation of the proposed conclusions will contribute to the strengthening of international prosecution of cyberterrorism and harmonize the international and national legal tools to struggle against this crime

Effectiveness of the Administration of Justice in Nigeria Under the Development of Digital Technologies

Objective: the traditional Nigerian judicial system has long been associated with a conservative approach and traditional methodologies of justice administration. As a developing country, Nigeria has benefited immensely from the advancement of digital technology, especially in the legal field. This is due to the fact that modern digital technologies are being rapidly adopted in Nigeria's judicial processes for effective justice administration. However, despite the promise of digital technology, there are legal and socioeconomic challenges in Nigeria that may affect its successful utilization in legal proceedings. This justifies the focus of the study - to identify the legal and socio-economic challenges of digitalization of court proceedings in Nigeria.Methods: the study combines doctrinal and non-doctrinal approaches. The former ensures theoretical understanding of the conceptual issues and prospects of court proceedings virtualization. It also allows exploring, based on primary and secondary sources (laws, monographs, research articles and internet resources), the legal and socio-economic challenges of the use of digital technologies in court proceedings. The non-doctrinal approach consists in polling, describing and analyzing the results of a sociological survey. The survey was conducted among Nigeria residents to reveal their attitudes towards innovations in digitalization and virtualization of court proceedings as well as the challenges posed by these processes.Results: the study revealed that the use of digital technologies in court proceedings in Nigeria has several prospects of ensuring effective justice administration and accurate recording and storage of information. Along with the benefits, challenges are shown that may reduce the effectiveness of court proceedings digitalization.Scientific novelty: consists in investigating the use of digital technology in Nigerian court proceedings and identifying the prospects of improving the efficiency of justice administration in Nigeria under digitalization, as well as the challenges arising from this trend.Practical significance: the study will enable stakeholders in the Nigerian legal sector to identify legal and socio-economic challenges that may adversely affect and render ineffective the use of digital technologies in legal proceedings. In addition, the article offers practical recommendations to address these challenges

International and Russian Legal Regulation of the Turnover of Crypto-assets: Conceptual-Terminological Correlation

Objective: to assess the Russian legislation for its compliance with the international-legal approaches to shaping symmetrical regulation of crypto-assets and possibility to complement it with new internationallegal categories reflecting the in-depth changes in the global economy and structure of international finance, determined by the broad introduction of new financial technologies based on distributed ledger technologies.Methods: the methodological basis of the research is a set of general scientific methods of scientific cognition, among which of utmost importance are special-legal (formal-legal and comparative-legal) methods, complemented with risk-oriented approach, legal modeling and juridical forecasting. Applied integrally, they allowed comprehending the architecture, “letter and “spirit” of the modern international financial law and national legislation in their conceptual-terminological correlation and to forecast further development and adjustment of the legal regulation of crypto-assets turnover.Results: it was found that there appears a stable trend in the crypto-assets turnover regulation, according to which “soft” law dominates among the law sources (this is especially notable in the sphere of international financial law compared, for example, with conventions or international treaties); at the same time, there is a strengthening trend of “fragmentation” of international law with regard to crypto-assets turnover; the authors mark inconsistency of the conceptual framework contained in international acts and in the Russian legislation, as well as the gaps in the regime of crypto-assets turnover at the level of national law; the trends and forecasts are presented referring to the development of international-legal regulation of the sphere of crypto-assets.Scientific novelty: consists, first of all, in a complex comparison, based on, among other aspects, the fundamentally new concepts of regulation of such progressive international-legal categories as cryptoasset, virtual asset, cryptocurrency, stablecoin, etc., some of them rarely used in the Russian legal discourse and actually never applied in legislation.Practical significance: the scientifically grounded proposals are formulated, aimed at improving the conceptual-terminological framework of the Russian legislation in the sphere of crypto-assets turnover, implementation of which will allow constructing a common legal space with the technologically most advanced states, will help to improve investment climate and financial attraction of the state; will improve the national-legal regime of crypto-assets turnover from the viewpoint of not only actual market demands, but also state security interests and improving competitiveness of the Russian legislation

Digital Assets: Legal Regulation and Estimation of Risks

Objective: to substantiate the need to create a universal mechanism of legal regulation of digital currencies and tokenized assets, based on a uniform categorization of digital assets and the author’s interpretation of the conception of digital assets risk, in order to ensure their safe circulation with legal means and effective development of the global digital economy in the future.Methods: the research was carried out with a combination of cognition techniques of various levels: from philosophical to private scientific; the key position among them belongs to a systemic approach, a comparative legal method and a formal-juridical analysis of normative materials.Results: the present research lays the conceptual basis for building a global system of legal regulation of digital assets circulation and facilitates identifying and resolving the key issues, necessarily emerging in the analysis of the current mechanisms of legal regulation at national level and in the estimation of various types of digital assets.Scientific novelty: consists in a comprehensive consideration of the essence and features of the legal nature of various types of digital assets, possessing, alongside with significant advantages, high risks from legal and financial viewpoints. Based on contradictory approaches and revealed gaps in the legal regulation of various types of digital assets, the author proposes a uniform categorization of digital assets, substantiates the concept of digital assets risk, attempts to substantiate the need to create a universal mechanism of legal regulation of digital currencies and tokenized assets, which would allow forming an effective system of means to protect property right to them and ensure safety of their circulation.Practical significance: is due to the current absence of a unified approach and a possibility to apply the existing legal norms in relation to innovative digital assets, taking into account their specificity, despite their trans-border character. The main provision and conclusions of the research can be used to improve the mechanisms of legal regulation of digital assets circulation

Remote Methods of Conducting Transactions Using Digital Technologies

Objective: to substantiate the need to identify new contractual constructs (models) taking into account the specific relations associated with the use of remote method of contract conclusion through digital technologies and to study the possible risks for their participants.Methods: along with special legal methods, the method of critical analysis was fundamental for the research process, which allowed us to evaluate and interpret the main sources and norms of civil law in relation to distant transactions. It also allowed assessing the current state of legislation in this area in the context of developing processes of digitalization and technologization of civil-law relations.Results: a critical analysis of the current state of legal regulation of remote ways of concluding contracts is presented, their classification is given. It is concluded that the digital technologies development gives rise to new remote ways of transactions, as well as fills with new content the procedures of contract conclusion, traditional for civil law. The expediency of singling out the concept of a “distant transaction” as a legal category in order to create a special civil-law regime is substantiated, and the basic concept being that of a “distant contract”. Certain types of distant contracts are analyzed to substantiate the need for special legal regimes in cases when the distant method of contract conclusion is combined with the use of digital technologies. It poses such problems as the distribution of risks of technological failures, hacker attacks, compliance with the balance of interests of the parties taking into account information asymmetry, and the need to protect the weaker party.Scientific novelty: an attempt is made to define such concepts as a “distant contract” and a “distant transaction” and to identify their features. The expediency is substantiated of considering a distant contract as a separate legal construction (model) of the contract. Within this framework, a special legal regime should be developed and fixed, which can be extended to unilateral distant transactions. The problems of legal regulation caused by the use of information technologies are formulated, and legal constructions for their solution are proposed.Practical significance: the final conclusions and proposals can be used both in contractual practice by the participants of civil turnover and for the normative consolidation of the concept and features of “distant contract”, “distant transaction”. A special legal regime can be created, taking into account the specificity generated by the use of digital technologies

Problems and Prospects of Regulating Relations within a Deal Effected with Participation of Artificial Intelligence

Objective: to research the problem of determining the subject of a legally relevant act effected with participation of artificial intelligence, as well as distribution of responsibility for the consequences of its performance.Methods: to illustrate the problematic and practical significance of the issue of legal personality of artificial intelligence, we chose automated procurements for public and corporate needs; the methodological basis of the research is the set of methods of scientific cognition, including comparison, retrospective analysis, analogy, and synthesis.Results: by the example of the sector of competitive procurements for public and corporate needs, the evolution of automation of economic relations up to artificial intelligence introduction was analyzed. Successfully tested reactions to the challenges of stage-by-stage introduction of digital technologies into economic relations were demonstrated, as well as the respective modifications of legal regulation. Based on the current level of technological development, the prospective questions are formulated, associated with the legal regulation of  economic relations implemented with the use of artificial intelligence, first of all, the question of defining the subject of a deal effected with participation of artificial intelligence. As an invitation for discussion after analysis of jurists’ conclusions about the probable variants of the legal status of artificial intelligence, the author proposes variants of answers to the question of its legal personality when effecting a deal. To solve the issue of responsibility for the decisions resulting from the implementation of algorithms of a software and hardware package, we propose several models of distributing such responsibility among its creator, owner, and other persons, whose actions might influence the results of such an algorithm functioning. The proposed conclusions may be used to develop normative regulation both as a set and individually.Scientific novelty: based on the analysis of evolution of the practices of using digital technologies in procurement, the work formulates potential legal problems, determined by the constant automation of economic relations, and proposes legal constructs to solve such problems.Practical significance: the conclusions and proposals of this work are of prospective significance for conceptual comprehension and normative regulation of electronic procurement tools both at corporate and national level

Artificial Intelligence Impact on the Environment: Hidden Ecological Costs and Ethical-Legal Issues

Objective: to identify the hidden ecological costs associated with the elaboration, implementation and development of artificial intelligence technologies, in order to ensure its sustainable and harmonious integration with various economic sectors by identifying optimal moral-ethical and political-legal strategies.Methods: the conducted research is based on an ecological approach to the development and implementation of artificial intelligence, as well as on an interdisciplinary and political-legal analysis of ecological problems and risks of algorithmic bias, errors in artificial intelligence algorithms and decision-making processes that may exacerbate environmental inequalities and injustice towards the environment. In addition, analysis was performed in regard to the consequences of natural ecosystems destruction caused by the development of artificial intelligence technologies due to the computing energy-intensiveness, the growing impact of data centers on energy consumption and problems with their cooling, the electronic waste formation due to the rapid improvement of equipment, etc.Results: the analysis shows a range of environmental, ethical and political-legal issues associated with the training, use and development of artificial intelligence, which consumes a significant amount of energy (mainly from non-renewable sources). This leads to an increase in carbon emissions and creates obstacles to further sustainable ecological development. Improper disposal of artificial intelligence equipment exacerbates the problem of e-waste and pollution of the planet, further damaging the environment. Errors in artificial intelligence algorithms and decision-making processes lead to environmental injustice and inequality. AI technologies may disrupt natural ecosystems, jeopardizing wildlife habitats and migration patterns.Scientific novelty: the environmental consequences of the artificial intelligence use and further development, as well as the resulting environmental violations and costs of sustainable development, were studied. This leads to the scientific search for optimal strategies to minimize environmental damage, in which legal scholars and lawyers will have to determine ethical-legal and political-legal solutions at the national and supranational levels.Practical significance: understanding the environmental impact of AI is crucial for policy makers, lawyers, researchers, and industry experts in developing strategies to minimize environmental harm. The findings emphasize the importance of implementing energy efficient algorithms, switching to renewable energy sources, adopting responsible e-waste management practices, ensuring fairness in AI decision-making and taking into account ethical considerations and rules of its implementation