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"Legal sciences"

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PROBLEMS OF DATA PERSONIFICATION IN THE DIGITAL AGE

Page:25-28

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-25-28

Annotation: The article analyzes the scientific approaches and norms of the Russian legislation on personal data. At the same time personal data is considered as a legal category, which includes an array of information allowing to distinguish one person from another, showing the abilities, that the subject of personal data has, and also indicating its constitutional and administrative status.

FEATURES OF INSURANCE INTEREST IN BUSINESS

Page:29-36

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-29-36

Annotation: In the article, based on the study of scientific works, analysis of the current legislation and reference judicial practice, specific aspects of the interest of business entities in ensuring the protection of business from possible risks associated with the activities carried out through a universal insurance mechanism are investigated. It is noted that an event considered as an insurance risk must have signs of probability, that is the potential for an occurrence, as well as randomness, which is usually associated with the lack of awareness of the interested person regarding the occurrence of this event. It is substantiated that the separation of private and public principles in the structure of the insurance interest allows to resolve the dispute existing in science about the purposes of insurance, which cannot be limited only to the protection of the interests of the weak party, even in compulsory insurance relations.

THE SPECIAL QUALITIES OF THE RULING MINORITY

Page:29-34

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-29-34

Annotation: The article states that hierarchical relations between people are a natural phenomenon. Hence the separation of the ruling elite in society is just as natural and inevitable. Moreover, those in power have a certain set of such personal qualities and character traits that, in fact, allow them to occupy leading positions. Author analyzes in detail these qualities.

SERGEY GESSEN: HISTORICAL FACT AS A FACT OF THE REALIZATION OF THE MINIMUM OF TRANSCENDENTAL BEING

Page:30-34

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-30-34

Annotation: The article is dedicated to S.I. Gessen, a representative of Russian Baden neo-Kantianism, whose views (S.I. Gessen, B.V. Yakovenko, F.A. neo-Kantianism as a distinctive formation. The creativity of S.I. Gessen demonstrates both the reception of the main principle in the interpretation of history, which is understood as having a relative character, since everything is decided by values, and the methodological developments of the founders of the Baden school of neo-Kantianism.

JUDICIAL LAW-MAKING DURING THE PANDEMIC (THE EXPERIENCE OF AUSTRIA AND GERMANY)

Page:35-40

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-35-40

Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of procedural interaction with litigants, has not been fully exhausted and has been actively developing in a pandemic. The example of Austria and the Federal Republic of Germany suggests that it is important to keep the golden mean between the observed tendency towards de-ceremonization of court proceedings and the need to follow the fundamental principles of justice. The objective of the research is to provide a brief overview of the experience of civil law proceedings in the context of a pandemic using the example of Austria and the Federal Republic of Germany, and to consider certain aspects of the digitalization of justice. The purpose of the study is to highlight the practical proposals of foreign jurisdictions to increase the accessibility of justice, to reflect the advantages and disadvantages of the experience gained in modernizing approaches to the use of information technologies. The methodological basis of the study was: formal legal method, comparative legal method, as well as general scientific methods of cognition. An analysis of the foreign experience of the legislator and law enforcement officer in a crisis situation allows us to formulate for the future some ideas highlighted by the conditions of the pandemic and requiring public discussion. It is indicative that despite the analysis of the experience of two independent systems, a number of mechanisms proposed for implementation have common fundamental features: the transition to the active use of video conferencing, including with parties located abroad, the presence of developed mechanisms for the suspension of procedural deadlines during extraordinary events.