ARTICLES
Modern technologies used in the creation of various types of vehicles significantly change the idea of the functions of the person responsible for ensuring transport security. Artificial intelligence integrated into the vehicle control system has already greatly simplified the tasks that the driver of a car, train, aircraft and other mechanical vehicles solves.
Unmanned vehicles in the future will not need a driver at all, since it will be completely replaced by an intelligent control system. But neither domestic nor foreign manufacturers of high-tech vehicles guarantee the complete safety of the operation of the latter. On the contrary, according to available forecasts, the number of transport accidents will increase as the number of drones in operation increases. This will require determining the person held liable for a violation of transport security committed through the use of unmanned vehicles.
The object of the present study is the social relations that arise when determining a person who is subject to criminal liability for violating the rules of safe movement and operation of unmanned vehicles. The purpose of the work is to establish legally significant signs of a person who is recognized as the subject of the relevant elements of transport crimes.
The research methodology is represented by a combination of general scientific and particular scientific methods of cognition, namely: dialectical, comparative legal, formal logical, as well as survey and content analysis methods. All of the above methods were used in the study of materials and empirical data obtained in the process of preparing this work.
The research materials represent a set of the following official, scientific, empirical and other data: 1) statistical indicators and analytical reviews of the pace of development of the digital economy; 2) a set of provisions of normative acts of international and national law that regulate public relations in the field of artificial intelligence and the possibilities of using this technology in the production of highly automated vehicles; 3) the results of criminal law research on the problem of the subject of transport crimes committed using drones; 4) data obtained in the course of surveys of heads of IT companies that are residents of the Skolkovo Innovation Center; 5) other materials related to the subject of the study.
Based on the results of the study, conclusions were formulated about the current lack of a need for a radical revision of approaches to the definition of legally significant signs of a special subject of a transport crime. Modern “unmanned” vehicles do not yet have an automated control system that would completely eliminate the need for direct or remote presence of the driver in order to control the movement process.
Therefore, the obligation to comply with the relevant rules still rests with the driver - an individual who is responsible for criminal offenses against transport safety. This conclusion is also based on criticism of the results of the latest studies, the authors of which insist on the need to extend responsibility for these socially dangerous acts both to drivers and to: 1) developers of soft ware for unmanned vehicles and elements of high-tech transport infrastructure, 2) owners of highly automated vehicles, 3) vehicles with artificial intelligence technology integrated into the control system.
The present article is aimed at briefly reviewing the historical development of dematerialized shares in Germany, Austria, and in the United States of America (the USA). A brief comparison is made between the dematerialized shares in the United Kingdom and those in Germany and Austria. Further, described are the reasons, which have led to the development of the depository services, on the basis of which the German and Austrian markets built a new system for transferring securities around the fundamental legal analysis, where there is a Central Securities Depository, which keeps in custody the certificates for most of the securities listed on the market.
There is a comparison made between the intermediaries and the investors in the German and Austrian law, on the one hand, and in the English law, on the other.
Discussed is the reason the securities certificates in Germany and Austria were removed from the transferring process by taking them out of circulation (immobilization), and not through abolishing them (dematerialization).
Presented is the development of the most active and liquid capital market in the world — that of the United States Department of the Treasury. There is a brief description made of the System of the conventional paper certificates and the system of the dematerialized securities known as direct holding system, as well as of the System for immobilization and possessing through intermediaries, known as indirect holding system. The Depository Trust Company is specified, as well as its functions. There is a description provided of the concepts “materialized security” and “dematerialized security” pursuant to the Uniform Commercial Code of the USA.
In conclusion, there is a short presentation of the currently valid legal status quo related to transferring dematerialized shares in the three countries.
An analysis was made of the current legislation regulating the general procedure for exercising state control (supervision), as well as review documents on state control (supervision) of the Ministry of Economic Development of the Russian Federation, the Federal Antimonopoly Service, the Committee for Permitting and Supervisory Activities of the Russian Union of Industrialists and Entrepreneurs (RUIE). At the same time, directions for development and improvement were identified. In particular, it was noted that a fundamental methodological document has been developed — the Performance and Efficiency Management Maturity Standard, in accordance with which work will be based on the implementation of the performance and efficiency system in the activities of control and oversight bodies in 2018–2025.
In order to develop a systematic understanding of control (supervision) in the oil industry, their types are considered at certain stages of economic activity of business entities in the oil sector: 1) at the stage of prospecting, exploration of oil fields, 2) at the stage of oil production, 3) at the stage of transportation, 4) during storage, processing and marketing.
On the part of the state, at the first stage of economic activity, the basic requirements are established, and state control is exercised over geological study, rational use and protection of the subsoil. At the extraction stage, in accordance with the provisions of Art. 23.3 of the Law of the Russian Federation “On Subsoil”, technical, tax and other types of control are carried out. At the stage of transportation, along with technical and technological, customs control is carried out. During storage, processing and marketing, as well as at other stages of economic activity, antimonopoly control is carried out. It is noted that in this area, the reform of control and supervision activities and a risk-based approach are also being carried out in the organization of certain types of control (supervision) in the field of antimonopoly regulation. At all stages of economic activity, the requirements for the safe conduct of work must be met. These requirements relate to energy, industrial, environmental and other types of safety. Along with the specified special control checks in the field of activity of economic entities, checks are also carried out by other control and supervisory bodies: the prosecutor's office, the Ministry of Emergency Situations, the sanitary and epidemiological service, etc. It is concluded that a system- forming regulatory legal act is needed, which defines the concept of control (supervision), types of control (supervision), state bodies exercising control (supervision), procedures for exercising control (supervision) and mechanisms for protecting the rights of controlled economic entities in the oil sector of energy. Within the framework of the tasks defined in the Message of the President of the Russian Federation in terms of improving the control and supervision system, it is advisable to analyze all regulatory legal acts in this area. It is also necessary to develop and adopt a general backbone law on the types of state control (supervision) and general rules for its implementation.
ISSN 2686-7885 (Online)