Legal Issues in the Digital Age

Copyright Borders in the Era of AI: Reconsidering the Concept of Free Use

2026-04-24T13:07:33+03:00

The article examines current issue of legal qualifying use of copyright objects in artificial intelligence training. The author substantiates the need to amend the Civil Code of the Russian Federation by establishing a special case of free use of works for the purpose of training neural networks, including data collection. Based on the analysis of foreign experience and judicial practice, the author concludes that the use of works in the intellectual analysis of texts and data in digital form, including for the purpose of training neural networks, should be recognized as lawful provided that the form of the works is not perceived by human senses. It is proposed to extend this exception to any works in the public domain, including materials from the Internet and closed databases to which developers have obtained legal access. The paper substantiates the inexpediency of introducing a fee for the use of works in the process mentioned, as this may lead to a decrease in investment in technology development and complicate the process of training neural networks. At the same time, permissible and impermissible cases of use are clearly delimited: internal memorization of materials is not considered a violation, however, content generation with reproduction of significant parts of protected works is qualified as a violation of exclusive rights. It is substantiated the generation of works in the style of a particular author during neural network training based on his works may also constitute a violation of exclusive rights. Particular attention is paid to issues of liability for violations. The author proposes a differentiated approach according to which both the developer of the neural network and the user may be held liable, depending on the specific circumstances of the case. The study emphasizes the approach proposed will maintain a balance between protecting the rights of content creators and the need to develop AI technologies are important for solving global challenges in various spheres of public life.

Replacing Criterion of Creativity with Criterion of Investment for Results Created by Artificial Intelligence

2026-04-24T13:07:42+03:00

Artificial intelligence plays a significant role in automation, minimizing human intervention in fields such as medicine, art, and law. Despite the historically close relationship between art and technology, generative AI has expanded the potential for creative activity. A sufficient catalyst for this process has been the proliferation of pre-trained AI systems, that have accelerated development of technologies in natural language processing and visual content generation. The development of artificial intelligence determines a revision of established doctrinal approaches in intellectual property. The study aims to provide a justification for the legal protection of results generated using artificial intelligence. The key legal risk in the field is the lack of legal grounds for granting protection to such results under de lege lata regulation. Current “silence” of the legislator regarding objects created by artificial intelligence exacerbates the issue of legal uncertainty. At the same time, there is a significant risk that artificial intelligence itself will infringe the exclusive rights of third parties. Beyond intellectual property rights, objects created by artificial intelligence, may be unreliable and misleading, as well as violate personal data laws. These challenges highlight the need to adapt legal frameworks to new digital realities. The relevance of the study stems from the dilemma facing legislators: to recognize artificial intelligence as sui generis legal personality or to modify the protection mechanism by shifting creativity criterion within copyright law to an investment criterion within related law. The aim of the research is to resolve this dichotomy. The methodological basis of the work is based on comparative legal and formal logical methods. The scholar novelty lies in the comprehensive analysis of the hypothesis regarding the transition from the creativity criterion to the investment criterion. The article demonstrates that modifying the copyright protection mechanism by shifting the creativity criterion within copyright law to the investment criterion within related rights represents the most preferable vector of legal policy.

Ethical Aspects of AI Regulation for Higher Education

2026-04-24T13:07:53+03:00

The article provides a comprehensive analysis of the AI Code of Ethics for education developed at the Tashkent State Law University. The AI Code ushers in a distinctive shift from prohibitive approaches to AI governance in higher education on the basis of the principle of precedence of education and mentorship over restrictive measures. By analyzing in detail the Code’s thirty-one articles contained in four parts (general provisions, AI usage in education, AI usage in research, governance and supervision) as supplemented by methodological framework for AI assessment and governance structures, this study showcases a comprehensive system introduced by the Code to establish precedence of education over prohibitions while maintaining academic integrity. The analysis flags innovative governance mechanisms (such as tripartite AI ethics councils including professors, technical specialists, students) and functions, all-around risk assessment protocols, adaptive phased introduction strategies and methodology for AI-assisted academic performance assessment based on a parallel system for analyzing the share of human involvement and AI. The Code integrates international standards (such as the UNESCO Recommendation on the Ethics of Artificial Intelligence, GDPR principles, International Center for Academic Integrity’ values) in adapting them to specific educational context. The authors examine both the Code’s potential benefits for education institutions (AI competency development, vocational preparedness, critical thinking skills) and implementation problems to be carefully considered (available resources, change management, methodological aspects of AI-assisted verification of outcomes). Much focus is made on the model’s scalability in view of variable budgeting levels and international cooperation mechanisms to achieve equitable access to technologies. The Code is important for showcasing a practicable model designed for education institutions worldwide to address the issues of responsible AI integration while maintaining academic standards and human-centered approach to education in the context of technological change.

Social and Labour Rights in Context of Platform Employment: the Case of Passenger Transportation by Private Taxi

2026-04-24T13:08:02+03:00

The digitalization of the economy has given rise to fundamentally new forms of labor and employment organization, among that are platform employment and self-employment. The lack of legislative definitions and full-fledged regulation of these phenomena actualize distinguishing of labor and civil law relations. Also the consideration of the legal status of platform employees and self-employed individuals, determination of the need to provide them with social and labor rights and guarantees. Especially considering the existence of different types of platforms and special regulation in certain areas of activity. The article examines these issues on the example of regulating passenger and baggage transportation by passenger taxi. The authors analyze the directions of regulation of non-standard forms of employment and models of regulation of platform employment and self-employment that have developed in world practice. Also, the regulation of non-standard forms of employment proposed by the Russian legislator and the existing regulation of the platform economy and passenger and baggage transportation by passenger taxi. The authors come to several conclusions. First, the legislator’s choice of a model for the existing regulation based on the entrepreneurial nature of the activities of self-employed carriers and other platform employees. Secondly, the legislator’s awareness of the need to provide these and other individuals with non-standard employment with certain social and labor rights and guarantees. Thirdly, about the possibility of future differentiation of regulation by introducing the category of «dependent self-employed».

Prospects for a Digital Healthcare

2026-04-24T13:08:07+03:00

The aim of the research is to identify characteristics of the digital transformation process and the potential for its advancement in the healthcare industry. The author investigates current challenges in determining the specific use of advanced digital technologies in medicine, as well as the specific legal framework in the digitalization of domestic health care. Additionally, the analysis explores the potential of utilizing contemporary technologies to establish value-based healthcare and optimize the health system's focus on patient interests. The author employs a comprehensive analytical research methodology, a comparative legal approach to analyzing the legal dimensions of digital health care regulation. He also utilizes the method of modeling process of digitalization and the prospects for technological advancement in healthcare field, including identification of potential threats and risks associated with extensive use of advanced technologies like artificial intelligence (AI), bioengineering, and digital twins. These technologies aid in the development of personalized treatment strategies tailored to the unique characteristics of each patient by analyzing genomic data, as well as large volumes of biometric and other patient-related data from both patients and healthcare institutions. As a result, the author concludes the modern healthcare system is at the brink of revolutionary transformation due to the rapid integration of digital technologies. This emerging paradigm in healthcare, known as digital healthcare, presents unique opportunities for the development of the healthcare industry and necessitates legal regulation and responsible use of these new digital medical technologies. These technologies provide fundamentally new possibilities for diagnosis, treatment, rehabilitation, development of novel medications, and a personalized approach to patient care. Digital technologies are not merely modernizing traditional treatment methods, but are fundamentally altering the way human society delivers medical care, and have a significant impact on healthcare development. In the future, it is envisaged to establish a full-functional digital healthcare ecosystem, which will be understood as a digitally integrated information technology infrastructure (including the interchange of medical data) utilized by all healthcare institutions, regulatory bodies, service providers, and patients.

Legal Specifics of Corporate Implementation of IoT Systems in the Republic of Tatarstan

2026-04-24T13:08:13+03:00

Implementing technologies of Internet of Things (IoT) across core economic sectors of Russia’s regions, including industry, utilities, logistics and health, entails considerable legal challenges for the security of data to be processed. The article provides a comprehensive analysis of the legal specifics of corporate implementation of IoT systems in Tatarstan as one of the leaders of digital transformation in Russia. The research was undertaken to identify legal problems arising from processing smart device data and make evidence-based proposals to improve regional regulatory and enforcement mechanisms. Methodologically, the study relies on analysis of federal and regional statutory regulation for protection of information and personal data, consolidation and systematization of regional legal practice in 2020–2024 as well as empirical research of corporate bylaws including model data processing consents and legal awareness for workers. It was found that digitization of economic sectors in Tatarstan leaves out major legal gaps including uncertain legal regime applicable to IoT-generated data, lack of provisions regulating such data flows, and fragmented technical protection standards. The authors propose a number of measures including a risk-differentiated IoT data regulation framework based on contextual anonymization, as well as model data processing requirements to be introduced to the regional law. A special focus is made on providing justification for the model for differentiation of administrative liability for offences in the area under study. The study’s practical value lies in shaping legal mechanisms to minimize legal risks for operators and to balance technological development with protection of data subjects’ rights. The solutions proposed may be applicable both in Tatarstan and any other constituent territory faced with similar legal issues in the context of digital transformation of the economy.

Criminal Law Compliance with Cyber Resilience Testing of Information Systems (Penetration Testing and Bug Bounty)

2026-04-24T13:08:19+03:00

The increasing dependence of individuals, society, and the state on digital technologies is driving a growing demand for computer system security services. A distinct cybersecurity market has already emerged in Russia, with estimated turnover in the multi-billion dollar range (at the end of 2024, the market size was 593.4 billion rubles). One significant segment of the industry is the provision of services related to comprehensive and in-depth testing of information systems for resistance to cyberattacks (penetration testing). At the same time, the practice of crowdsourcing information system security analysis (bug bounty) is rapidly developing, allowing anyone to participate in testing an information system and, if a vulnerability is discovered, receive a reward. The goal of this research is to develop theoretical recommendations and proposals for mitigating criminal risks arising during cybersecurity testing of information systems. The research is based on the application of general scientific and specialized methods (analysis, synthesis, induction, formal legal, abstract logical, etc.). In the absence of specific legal regulation, “ethical hackers” searching for vulnerabilities in information systems undoubtedly expose themselves to the risk of criminal prosecution. Therefore, addressing this issue requires defining a legal framework for cybersecurity testing of information systems. The paper concludes that, when testing the security of a computer system, a specialist possessing the necessary knowledge and relying on proven methods and tools strives to achieve a socially beneficial result. However, they always accept (even if only to a small degree) the risk of system failure with subsequent possible negative consequences, such as an emergency shutdown of automated process control systems, equipment failure, data destruction or blocking, etc. Such behavior by a specialist, as well as the corresponding consequences, fully complies with the provisions of criminal law on justified risk (Article 41 of the Criminal Code of the Russian Federation). Based on the research, the article offers several recommendations for mitigating the criminal risks of cybersecurity testing of information systems.