Legal View on the Introduction of New Technologies


https://doi.org/10.17589/2309-8678-2018-6-3-149-171

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Abstract

According to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges.


About the Authors

Oleg Stepanov
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Russian Federation

Professor, Chief Researcher, Department of Criminal and Criminal Procedural Law

34 Bol’shaya Cheryomushkinskaya St., Moscow, 117218, Russia



Denis Pechegin
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Russian Federation

Senior Researcher, Department of Criminal and Criminal Procedural Law

34 Bol’shaya Cheryomushkinskaya St., Moscow, 117218, Russia



References

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2. Comparative Labour Law and Industrial Relations in Industrialized Market Economies (R. Blanpain & J. Baker (eds.), The Hague: Wolters Kluwer, 2001).

3. Polasik M. et al. Price Fluctuations and the Use of Bitcoin: An Empirical Inquiry, 20(1) International Journal of Electronic Commerce 9 (2015).


Supplementary files

For citation: Stepanov O., Pechegin D. Legal View on the Introduction of New Technologies. Russian Law Journal. 2018;6(3):149-171. https://doi.org/10.17589/2309-8678-2018-6-3-149-171

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ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)