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Juridiskā Zinātne ISSN 1691-7677 13 LU LATVIJAS UNIVERSITĀTES 9 771691 767008 ŽURNĀLS ŽURNĀLS JOURNAL OF THE UNIVERSITY OF LATVIA Anna V. Serebrennikova, Alexander A. Trelov. Criminal Anti-Corruption JURIDISKĀ in the Era of Digital Technologies: The Russian Experience Mark E. Steiner. Abraham Lincoln, Nativism, and Citizenship Juridiskā Irene Kull. Withdrawal from the Consent to Process Personal Data Provided as Counter-Performance: Contractual Consequences ZINĀTNE LAW Anita Rodiņa. Sustainable Higher Education as a Challenge for Latvia: Impact of the Constitutional Court of the Republic of Latvia zinātne Valentija Liholaja, Diāna Hamkova. Problematics of Identication of a Continuous Criminal Oence Muhammad Asif Khan. Reducing the Threat of Cyber Warfare Through a Suitable Dispute Resolution Mechanism Sanita Osipova. Bioethics in Correlation with the Principle of Human Dignity Jānis Rozenfelds. Acquisition of Ownership Through Prescription (Usucaption) Jānis Lazdiņš. Jānis Pliekšāns’ (Rainis’) “Formula of Happiness” Law Jānis Kārkliņš. Articial Intelligence and Civil Liability Kristīne Dupate. Application of the Concept of Indirect Discrimination by Latvian Courts Hardy Torres López. Preventive Detention as a Personal Preventive Measure in Criminal Law of Chile Vasil Marchuk. Crime Qualication as an Act of Interpretation 13 13 Latvijas Universitāte ISSN 1691-7677 LATVIJAS UNIVERSITĀTES ŽURNĀLS Nr. 13. Juridiskā zinātne JOURNAL OF THE UNIVERSITY OF LATVIA No. 13 Law Journal of the University of Latvia “Law” is an open access double blind peer-reviewed scientific journal. The publishing of journal of the University of Latvia “Law” is financed by the University of Latvia Faculty of Law. Editor-in-Chief Prof. Jānis Lazdiņš, University of Latvia Editorial Board: Prof. Carlo Amatucci, Italy Prof. Ārija Meikališa, Latvia Prof. Kaspars Balodis, Latvia Prof. Sanita Osipova, Latvia Prof. Ringolds Balodis, Latvia Prof. Peter Oestmann, Germany Assist. Prof. Kamil Baraník, Slovakia Dr. Mārtiņš Paparinskis, United Kingdom Assist. Prof. Edvīns Danovskis, Latvia Prof. Lali Papiashvili, Georgia Prof. Aleksandra Dorskaja, Russia Assist. Prof. Jānis Pleps, Latvia Prof. Michael Geistlinger, Austria Prof. Gerhard Robbers, Germany Prof. Helmut Heiss, Switzerland Assoc. Prof. Anita Rodiņa, Latvia Prof. Peeter Järvelaid, Estonia Prof. Joachim Rückert, Germany Assoc. Prof. Annija Kārkliņa, Latvia Prof. Frank L. Schäfer, Germany Prof. Jānis Kārkliņš, Latvia Prof. Anna Serebrennikova, Russia Assoc. Prof. Artūrs Kučs, Latvia Prof. Mark E.Steiner, USA Prof. Irene Kull, Estonia Prof. Pia Letto-Vanamo, Finland Prof. Kristīne Strada-Rozenberga, Latvia Prof. Valentija Liholaja, Latvia Prof. Ditlev Tamm, Denmark Prof. Hardy Richard Alejandro Prof. Kalvis Torgāns, Latvia Torrez López, Chile Prof. Aleksandr Vershinin, Russia Prof. Marju Luts – Sootak, Estonia Prof. Ingo Saenger, Germany Assist. Prof. Vadims Mantrovs, Latvia Prof. Dainius Žalimas, Lithuania Proofreader Andra Damberga Layout Andra Liepiņa No part of the volume may be reproduced in any form without a written permission of the publisher. Journal of the University of Latvia “Law” is included in the international databases EBSCO Publishing and ERIH PLUS. © University of Latvia, 2020 ISSN 1691-7677 https://doi.org/10.22364/jull.13 Contents Anna V. Serebrennikova, Alexander A. Trefilov Criminal Anti-Corruption in the Era of Digital Technologies: The Russian Experience . 5 Mark E. Steiner Abraham Lincoln, Nativism, and Citizenship . 15 Irene Kull Withdrawal from the Consent to Process Personal Data Provided as Counter-Performance: Contractual Consequences . 33 Anita Rodiņa Sustainable Higher Education as a Challenge for Latvia: Impact of the Constitutional Court of the Republic of Latvia . 50 Valentija Liholaja, Diāna Hamkova Problematics of Identification of a Continuous Criminal Offence . 76 Muhammad Asif Khan Reducing the Threat of Cyber Warfare Through a Suitable Dispute Resolution Mechanism . 97 Sanita Osipova Bioethics in Correlation with the Principle of Human Dignity . 121 Jānis Rozenfelds Acquisition of Ownership Through Prescription (Usucaption) . 137 Jānis Lazdiņš Jānis Pliekšāns’ (Rainis’) “Formula of Happiness” . 153 Jānis Kārkliņš Artificial Intelligence and Civil Liability . 164 Kristīne Dupate Application of the Concept of Indirect Discrimination by Latvian Courts . 184 Hardy Torres López Preventive Detention as a Personal Preventive Measure in Criminal Law of Chile . 196 Vasil Marchuk Crime Qualification as an Act of Interpretation . 208 Criminal Anti-Corruption in the Era of Digital .. Anna V. Serebrennikova, Alexander A. Trefilov Juridiskā zinātne / Law, No. 13, 2020 pp. 5–14 https://doi.org/10.22364/jull.13.01 Criminal Anti-Corruption in the Era of Digital Technologies: The Russian Experience Dr. iur. Anna V. Serebrennikova Department of Criminal Law and Criminology, Faculty of Law, Lomonosov Moscow State University E-mail: [email protected] Dr. iur. Alexander A. Trefilov Department of Foreign Public Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation Senior Researcher E-mail: [email protected] This study examines the problems of combating corruption in contemporary public relations in the Russian Federation. The relevance of the study lies in active development of modern digital technologies, and digitalizing public legal relations has brought positive experience to many countries in reducing corruption and state control over the work and activities of officials, where corrupt activities could have been possible earlier. It is important to note that the Russian Federation is on the path to positive changes in this area. This is due to the “Digital Economy” programme and developments in the field of legislation that could introduce the use of smart contracts in public procurement, tenders, contracts, - the operational area of the legal entity of the state sector. It is important to note that the creation of interactive rooms is effective, and aids in precluding personal communication between an official and an individual, as well as offers other innovative schemes using digital technologies to increase the efficiency of anti-corruption activities. Another optimal way that can reduce corruption is the availability and publicity of information regarding material resources, business and the family of officials. Today, officials of the Russian Federation may not indicate their income in cryptocurrencies in their declarations, which, in fact, can serve as a method to hide income. Keywords: anti-corruption activities, corruption, smart contracts, digital personal accounts, cryptocurrency and corruption, corruption schemes, anti-corruption activities, anti-corruption legislation. Contents Introduction . 6 1. Methods and Relevance of the Current Study . 6 2. Technological Progress and Approaches to Curbing Corruption . 7 3. International Examples of Countering Corruption . 9 4. Perspectives of Cryptocurrency Technologies . 10 6 Juridiskā zinātne / Law, No. 13, 2020 Summary . 12 Sources . 13 Bibliography . 13 Introduction The relevance of the study lies in the fact that corruption remains one of the key challenges of the modern globalized world. The level of corruption, inherent in the entire system of public administration, is one of the main factors, which represents a real threat to national security and concerns all the aspects of public life. The problem of corruption can only be addressed through the implementation of a package of anti-corruption measures, which should be implemented systematically in all the spheres of social relationships. This package of measures should be aimed not only at the eradication of corruption as a phenomenon, but also at the prevention of the conditions (elimination of the primitive cause of this phenomenon) that contribute to the incidence of corruption. Notwithstanding the high rate of anti-corruption policy implementation in the Russian Federation, the results in addressing this universal problem to the present day remain to be achieved. However, the era of information technology, automation and digital society enables the world and the Russian Federation to apply, among other things, the latest methods for combating the corruptness of certain social groups of the population. The article also considers the phenomenon of corruption in its close relationship with the digital economy; it proposes an assessment of the level of corruption in the state on the whole. Certain actual information on the results of digitalization is provided; an analysis of the process of combating corruption in the Russian Federation has also been conducted. Scientific works of researchers in the field of law of the Russian Federation, who investigate the issues of the practices in combating corruption with the application of Internet technologies and other digital methods for combating corruption, constitute the theoretical basis for the study of this problem. In the process of working on this scientific article, the authors applied a wide range of methods aimed at establishing a reliable, verifiable, objective truth. First of all, the formal-legal and historical-legal methods are employed. Furthermore, a comparison was made between the norms of Russian and foreign legislation. To do this, the authors of analyse the relevant provisions of normative legal acts and the practice of their application by judicial and other state bodies. The relevant legal norms are considered in the development. 1. Methods and Relevance of the Current Study
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