Articles

One of the main categories of forensic expertise is object. Our article conceptualizes this category concerning the forensic authorship examination of text borrowings. We model a system of speech objects that arise when text is illegally borrowed (plagiarism, copy-paste) and should be investigated during the forensic examination of speech. From the standpoint of criminalistic identification theory, we describe the process and mechanism of borrowing (copy-paste) in various situations: rewriting or retyping someone else’s text manually, scanning a document or part of it from paper, borrowing in digital space using the copy + paste method. For the last method, the most commonly used, we consider in detail the “roles” of objects in borrowing and their significance for the identification procedure. The article demonstrates that the totality of compositions and texts is interconnected due to the reflection of textual material. According to general rules of criminalistic identification, objects are divided into verifiable and searched, identifying and identifiable. The presenting model of the objects system for the first time provides a criminalistically adequate understanding of the essence of borrowing. That is the basis for a future forensic methodology that will reliably establish the presence or absence of text borrowing.

In the course of a large-scale reform of civil legislation in 2015, the institute of assurances of representations appeared in Russian law. This construction was implemented from the foreign order, which gave rise to a lot of discussion issues in the doctrine and real law enforcement problems. Law enforcement problems are objectively conditioned by the fact that continental ideas about torts, liability, damages do not correspond in everything to common law approaches, on the model of which the norm on assurances was introduced into Russian law. The new norm of the Civil Code of the Russian Federation — Article 431.2 provides a bona fide business entity with a wide arsenal to protect the violated right caused by misrepresentation, regardless of the recognition of the contract as invalid or non-concluded. However, in order for such statements of fact as representations to function successfully and serve as a convenient risk management tool, a number of practical and theoretical issues need to be resolved. In this article the author considers one of the most important law enforcement issues in the light of the new institute of representations — the nature of liability for misleading statements. Analyzing foreign judicial practice and taking into account the original legislative construction of the norm 431.2 of the Civil Code of the Russian Federation, the author concludes that the “positive” methodology of calculating damages is preferable for the stability of business turnover. The article also touches upon the controversial issue of forfeit as a means of creditor’s protection in case of misrepresentation, and practical recommendations are also given.

Motion capture technologies are widely used in the creation of audiovisual works and computer games. During the application of these technologies, either the performances of performing artists as objects of related rights, or the movements and facial expressions of people as intangible benefits protected by the general norms of the Civil Code of the Russian Federation can be used. It is important to understand the quality in which human movements and facial expressions are used, since it depends on which norms of civil law are to be applied. The essence of the legal protection of movements and facial expressions of a person that are not related to the performance of a role, literary or artistic work; circus, variety, puppet show, folklore expressions is based solely on the concept of protecting the personality of this person. If the emotions and thoughts of the character are expressed in the movements and facial expressions of the performer, the meaning of the work, circus, variety, puppet number is conveyed, then the protection of this performance is due to the artistic activity of this person and, therefore, protection is carried out in a different legal regime, the regime of related law. The different legal nature of the movements and facial expressions used in the creation of an audiovisual work and a computer game determines different types of rights that must be respected by manufacturers of such complex objects, and different contractual structures that ensure the legitimate use of the above-mentioned intangible benefits. In addition, when creating audiovisual works and computer games, imitations of movements and the performer’s voice can be used. In cases where the use of his voice and movements is not related to his performance, they should be protected as intangible benefits based on the general provisions of civil law. However, when these objects are associated with the performance of an artist, it is advisable to ensure their protection within the framework of the Institute of Related Rights by including the relevant provisions in Part 4 of the Civil Code of the Russian Federation.

The inclusion of social security law in the sphere of public law today causes certain difficulties. On the one hand, the State nature of social security law, the provision of security from public funds and on behalf of the State speaks in favor of the publicity of social security law. On the other hand, the presence of private entities in social security legal relations as persons providing security, the desire to organize legal relations on the basis of private law structures, makes the issue of publicity of social security law no longer so unambiguous. 

The situation is aggravated by the desire of some scientists to give the method of legal regulation of social security law an imperative-dispositive character, and the branches of law, respectively, a private-public nature. It should be noted that the mechanism of interaction between imperative and dispositive law is currently undefined. The uncertainty of the mechanism of such interaction entails the need to consider social security law within the public or private sphere of law. The author does not consider himself one of the conformists in this matter and considers social security law as a branch of public law. The rationale for this position is based on the conclusions about the impossibility of using private legal structures, about the public interest and the importance of subjective public rights for the right of social security.