Review of the actual issue

The second volume of the international scientific and practical journal “Law and Digital Economy” has been published.

The first article of the volume is “Analysis of the digital ruble model proposed in the concept of the digital ruble of the central bank” by Shapsugova M.D. The article analyzes various doctrinal approaches to the definition of money, the digital ruble. Based on a comparative analysis of the signs of cash as things, non-cash money as rights of claim and digital money as digital objects in the context of the Digital Ruble Concept, the author comes to the conclusion that it is the legal form of a digital object that most closely matches the economic form of digital money movement. It was mentioned that the digital ruble is a new form of movement of the national currency – digital.

The article by Egorova M.A., Kozhevina O.V., Ponomareva D.V., Wang Guanglong is devoted to the study of legal problems of the issuance and circulation of crypto-currencies on the blockchain for tax purposes. The article deals with the issues of legislative regulation of cryptocurrency mining based on distributed ledger technology – blockchain. One of the problems and limitations of tax control revealed the lack of legalization of the cryptocurrency business. In conclusion, it is noted that the tax and financial authorities of many countries of the world consider cryptocurrency as one of the tools for economic growth. In this regard, the legalization of the cryptocurrency market is necessary, but with the provision of transparency of mining activities and crypto trading. The approach to taxation is differentiated and depends on the status of a participant in the cryptocurrency market.

The topic of the article by R. E. De Rosa is the problem of legal regulation of the disposal of “digital heritage”. The author emphasizes that the “digital revolution” has changed all aspects of social and economic life, including the concept of heritage. In this regard, the idea that a “digital heritage” consisting of virtual goods (such as a domain name, password, username, social network account, email, etc.) can be configured is beginning to take on shape. In the article, the author focuses on the analysis of Italian and European legislation regarding the protection of the privacy of the deceased, since providers often justify the exclusion of the heir from the same contractual provision as the deceased, due to the need to protect the rights of the person de cuius. The author substantiates the conclusion that the “digital asset” is a transmissible mortis causa. Thus, a legal instrument is proposed that can be used de cuius to dispose of virtual goods.

An innovative topic for the research is proposed by Edidin B.A. and Krymskaya K.V. The article “Collection of redundant data: issues of legal regulation” notes that at present in the Russian Federation there is no detailed legislative regulation of the collection of redundant data. General regulation regarding the rules for working with personal data does not solve the problem, as it leaves a lot of room for interpretation by market participants, regulators and the judiciary. Foreign legislation in most cases also does not regulate excessive data collection. Basically, the laws of foreign countries or, for example, acts at the EU level fix only the requirement to minimize data (English data minimization). The general rule provides for a prohibition on the collection of data, which must be excessive in relation to the stated purposes of their processing. However, limited at this stage, judicial and legislative practice is being formed. In this regard, it seems appropriate to pay attention to foreign law enforcement practice, and the possibility of implementing international experience in legal regulation (without mechanical copying) into the legislation of the Russian Federation, taking into account the existing provisions in this area.

Breakthrough biotechnologies as the basis of innovative transformations of the Russian Federation in the context of digitalization are the subject of L.V. Chkhutiashvili’s article. The article discusses breakthrough biotechnologies in the field of genomic research and artificial intelligence as the basis for innovative transformations of the Russian Federation in the context of digitalization and the problems associated with their development. At present, there is a rapid development of breakthrough biotechnologies in the field of genomic research and artificial intelligence, and every year more and more of them are invented. The level of development of healthcare and education in the Russian Federation, the rationality of public administration and the efficiency of Russian business, the speed of making space breakthroughs in other areas of human life depend on genomic research and achievements in the field of artificial intelligence. The article emphasizes the importance of interaction between society and the state in order to build competent institutions for the control of breakthrough biotechnologies in the field of genomic research and artificial intelligence, the protection of personal data and the implementation of new methods of resource allocation for people. In order to build competent institutions of social control of breakthrough biotechnologies in the field of genomic research and artificial intelligence, to protect personal data and implement new methods of resource allocation for people, according to the author, effective interaction between society and the state is necessary. Society and the state need to think about teaching the professions of the future and new specialties that cannot replace artificial intelligence.

Article by Kodaneva S.I. is devoted to the legal aspects of using digital technologies as a tool for adaptation to climate change. The relevance of the research topic is due to the fact that digital technologies are very little used in modern Russian practice of preventing the negative consequences of climate change and combating their consequences, as well as the lack of a comprehensive analysis of this issue in the scientific literature. The article presents the conclusion that the low level of use of digital technologies as a tool for adapting to climate change in Russia is explained by both technical limitations and shortcomings of the current legislation, which cannot be solved through point changes. A systematic approach is needed, the formation of a single integrated and balanced strategy for the digitalization of the sphere under consideration.

The issue ends with an article by Krainova N.A. “On the Concept of the Model Law of the CIS Member States “On Combating Cybercrime”. This article notes that the Concept of the model law of the CIS member states “On combating cybercrime” should be based on the recognition of cooperation while respecting the sovereignty of national legislation: harmonization of criminal law norms governing responsibility for committing cybercrimes, regulating issues of extradition of criminals, assistance in the investigation , suppression and prevention of cybercrime, ensuring the necessary speed of response and decision-making. The law should define the concepts of cybercrime and cybersecurity, the institutional system of cybersecurity, formulate priority areas for combating cybercrime, define the circle of subjects of counteraction and fix their powers, the procedure and forms of their interaction, determine the techniques and methods, the system of measures to combat cybercrime, clarify the organizational and legal framework for combating cybercrime, prevention and protection systems against cyber attacks, provide for the creation of a monitoring system for activities in the field of combating cybercrime, Russian realities and features of the national legal system.