The fourth issue of the international scientific and practical journal “Law and Digital Economy” has been published in 2022.
The first article of the issue is “Digitalization of contractual relations: first results and legal gaps” by L.M. Pakhomova. The article is devoted to the analysis of the digitalization of the system of contractual relations and the legal regulation of such digitalization. The article defines the main legal acts regulating the digitalization of the segment of state and municipal procurement. The author analyzes the main digital solutions implemented in the system of state and municipal procurement, and conducts their legal analysis and legal assessment. The author proposes the formation of a doctrinal approach to the current stage of digitalization of the contractual relations system, provides specific formulations of terms that need to be included in the current edition of Federal Law No. 44 of 04/05/2013 “On the contract system in the field of procurement of goods, works, services for the provision of state and municipal needs” for the legal regulation of digitalization of the contractual relations system.
Article by Chkhutiashvili L.V. addresses to the strategy for the development of government audit in the digital economy of Russia. The article is devoted to the analysis of the strategy for the development of state audit in the digital economy of Russia. In the context of budget restrictions and regional budget deficits, the issue of a strategy for the development of state audit in the digital economy of Russia, which is also aimed at ensuring the targeted use of budget funds and preventing their theft, is the most pressing. The author emphasizes that the high level of corruption, which weakens, among other things, the economic security of the country, necessitates the need to conduct a state audit and improve the strategy for the advancement of state audit in the digital economy of Russia to strengthen control over the use of federal budget funds, implement anti-corruption plans, anti-crisis measures and social protection of the population.
The topic of the article by Ponomareva D.V. and Sorokina E.M. covers the issue of the legal regulation of genomic research in the context of digitalization (countering genetic discrimination). The article notes that the expansion of medical research and the number of individuals transmitting their DNA profile, that is, information about the genetic component of a person to an unlimited number of people, can lead to the spread of discriminatory practices generated by information received by third parties about predisposition to diseases. The authors conducted a research of the legislation of a number of foreign countries that prohibits discrimination against a person on the basis of his genetic information. In conclusion, the authors contemplate about the possibility of using the best foreign practices in legal regulation of the prohibition of genetic discrimination in Russian law.
An innovative topic for her research is proposed by E.B. Sultimova. Her article “NFT as an effective tool for the legal protection of non-traditional trademarks” attempts to assess the possibilities of using the latest digital technologies for the protection of trademarks, in particular non-traditional trademarks. The problems existing in the world today related to NFTs – non-fungible tokens – are considered. The possibilities of using blockchain technology for the protection of trademarks are explored, and some ways of using distributed registry technology with non-fungible tokens for the protection of non-traditional trademarks are proposed. The author cites some advantages of using blockchain and NFT technology for recording and depositing trademarks, in particular non-traditional trademarks.
An article by R.A. Kasyanov and Evdokimov M.A is devoted to digitalization as an important factor in the regulation of the Russian financial market and the EU Capital Markets Union. The article emphasizes that digitalization has become a global phenomenon, including in the field of financial markets. The article examines various aspects of the introduction of digital technologies in the activities of the Bank of Russia and the correlating experience of the European Union. The purpose of the article is to search for problems and risks, features of the digital transition in the activities of the Bank of Russia, general and specific in relation to the processes of financial digitalization in the EU.
The issue ends with an article by Nekoteneva M.V. “Features of legal regulation of scientific and technical cooperation between Russia and China.” The article is devoted to the analysis of regulation of the main areas of cooperation between Russia and China in the scientific and technical field, including digital technologies; the main tools used by states at various levels of regulation of relations developing in the field of science and technology and aimed at implementing their results. The article highlights the difficulties and problems that exist in the field of scientific and technical cooperation between Russia and China that are discovered during the research. Some ways to eliminate them are proposed.