Материал: disser_arhipov

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construction of expert systems and development of artificial intelligence technologies in the legal field.

The above main points for defense reflect the sequence of development of the methodology for the concept of the semantic limits of law. This concept is a system of “scalable” general theoretical notions of absurdity and common sense in law in the context of the attitude of law towards media space, virtual reality and simulation. As it follows from the last provision to be defended, these ideas can be developed beyond the aspects discussed in detail in this paper. For example, they can be used to assess law-making initiatives and individual approaches to interpreting the law in innovative areas (§ 6 Chapter 3 of the study is devoted to the specifics of the application of the concept in the areas of legal regulation of robotics, big data and artificial intelligence). In addition, according to the provisions to be defended, the concept of the semantic limits of law can be “translated” into the language of legal dogmatics (including those terms that are by definition considered to be “a priori” and simply common sense in law) and used as a pragmatic principle in the interpretation and application of law, as well as in the modeling of law. The relevant generalizations, logic and examples are provided for consideration in Chapter 3 and Annexes No. 1-3 to this study in a concise and practical manner.

The degree of validity and approbation of the results of the research. The validity of the research is determined by its heuristic potential confirmed both by the contents of the research itself, inter alia, in part of the instances of employing the method of theoretic modeling, and by the approbation of the results. The dissertation research was tested during the discussion at the department of theory and history of state and law of Saint Petersburg State University on 19 April 2019. Some of the provisions that determined the initial direction and content of the study were presented by the author of the academic report “Development of Law in the Conditions of the Digital Economy” at the meeting of the Academic Council of Saint Petersburg State University on 30 October

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2017.64 In addition, the methodology underlying the concept of the semantic limits of law was used by the author in the process of legal practice as an of counsel at the international law firm Dentons in the development of legal positions on controversial and unregulated legislation on the legal assessment of various content distributed in the digital environment. The main provisions of the research are reflected in the publications related to the dissertation and devoted to the problems of legal theory and philosophy, including creative rethinking of the concept of law by Lon L. Fuller, as well as other subjects, including separate essential components of the research methodology, analysis of individual legal problems in the “penumbra” and related to the legal problems of the digital economy, as well as examples of the application of methodology based on the concept of the semantic limits of law in relation to specific legal problems. The main provisions of the research are also used in the practice of teaching the main disciplines of bachelor’s, master’s and post-graduate studies “Theory of Law and State”, “Modern Problems of Legal Science”, “History and Philosophy of Science”, “Informational Technologies in Jurisprudence” as well as special courses “Interpretation of Law” (including in the Masters’ program “Legal Linguistics”), “Public and Private Law in Digital Age”, “Legal Regulation of Relationships in the Internet” at the Faculty of Law of Saint Petersburg State University.

In addition, some of the results of the dissertation research were reflected in the massive open online course “Legal Regulation of Relationships in the Internet. Russian Perspective”, being delivered by means of such platforms as Coursera and Open Education

64 Arkhipov V.V. Development of Law in the Conditions of the Digital Economy. Academic report at the meeting of the Academic Council of St. Petersburg State University on 30 October 2017. [Electronic resource] // YouTube. - [Website]. - URL: https://youtu.be/1B5fM9Tb00s (accessed: 11.09.2019); Agenda of the meeting of the Academic Council of Saint Petersburg State University of 30 October 2017. [Electronic resource] // Saint-Petersburg State University. - [Website]. - URL: https://spbu.ru/openuniversity/documents/povestka-dnya-zasedaniya-uchenogo-soveta-spbgu-10 (accessed: 11.09.2019).

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from 201765 and awarded with the Saint Petersburg Government Prize for the development of innovative activities in an educational institution.66

The main provisions of the dissertation study are reflected in the following publications:67

Articles in Russian peer-reviewed journals included into the list of the Higher Attestation Commission (by the data of publication)

1.Arkhipov V.V. Computer Games, «Magic Circle» and Semantic Limits of Law // International Journal of Cultural Research. 2019. 1 (34). P. 73–87.

2.Arkhipov V.V., Naumov V.B. Pervasive Legal Problems of the Internet of Things and the Limits of Law: Russian Perspective // Works of the Institute of State and Law of the Russian Academy of Sciences. – 2018. – Vol. 13. – No 6. – PP. 94–123.

3.Arkhipov V.V. eSports Law: Fact or Fiction? (in Russian) // Zakon. – 2018. – No. 5. – PP. 80–92.

4.Arkhipov V.V. Personal Data as Non-Material Values (or There is Nothing More Practical than a Good Theory) (in Russian) // Zakon. – 2018. – No. 2. – PP. 52–68.

65See: Legal Regulation of Relations in the Internet. Russian Perspective [Online Course] // Coursera. – [Site]. – URL: https://ru.coursera.org/learn/regulirovaniye–interneta (accessed: 08.11.2018) and Legal Regulation of Relations in the Internet. Russian Perspective [Online Course] // Open Education. – [Site]. – URL: https://openedu.ru/course/spbu/PRAVREG/ (accessed: 08.11.2018).

66Order of the Committee for Science and Higher School of the Government of St. Petersburg of 07.05.2018 No. 47 [Electronic resource] // Committee for Science and Higher School of the Government of St. Petersburg. – [Website]. – URL: http://knvsh.gov.spb.ru/closedcontests/view/188/ (accessed: 08.11.2018).

67These publications are devoted to different subjects, but those that do not directly reflect the methodological approach developed in this paper are also directly related to it, as they reflect the practical application of this approach and are in systemic integrity with the general direction of the study. Among other things, it should be emphasized that publications on theoretical and philosophical legal issues are related to the part of the work in which the views of L. Fuller and H. Hart are analyzed, as well as the problem of the limits of law in terms of the relationship between law and morality; publications on the legal aspects of computer games and cybersports – with the methodological component of gaming research reflected in this work; publications on innovative legal problems of the digital economy (robotics, personal data in the context of big data A similar explanation applies to the conferences mentioned later.

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5.Arkhipov V.V., Naumov V.B. Artificial Intelligence and Autonomous Devices in Legal Context: on Development of the First Russian Law on Robotics (in Russian) // Proceedings of SPIIRAN. – 2017. - Issue 6 (55). – PP. 46–62.

6.Arkhipov V.V., Naumov V.B. On Certain Issues of Theoretic Grounds for Development of Robotics Legislation: Aspects of Will and Legal Personality (in Russian)

//Zakon. – 2017. – No. 5. – PP. 157–170.

7.Arkhipov V.V., Naumov V.B. Informational and Legal Aspects of Drawing up Robotics Legislation (in Russian) // Information Law. – 2017. – No. 1. – PP. 19–27.

8.Arkhipov V.V., Naumov V.B. A Concept of Personal Data: the Interpretation Under the Development of Informational and Telecommunication Technologies (in Russian) // Russian Law Journal. Ekaterinburg, 2016. – No. 2. – PP. 186–196.

9.Arkhipov V.V., Naumov V.B., Pchelintsev G.A., Chirko Y.A. Open Concept of Regulation of the Internet of Things (in Russian) // Information Law. – Moscow, 2016. – No. 2. – PP. 18–25.

10.Arkhipov V.V. Intellectual Property in the Video Game Industry: Problems of Theory and Practice (in Russian) // Zakon. – Moscow, 2015. – No. 11. – PP. 61–69.

11.Arkhipov V.V. Virtual Property: Pervasive Legal Problems in the Context of Computer Games Industry Development (in Russian) // Zakon. – Moscow, 2014. – No. 9.

– PP. 69–90.

12.Arkhipov V.V., Kilinkarova E.V., Melashchenko N.V. Problems of Legal Regulation of Trade of Goods in the Internet: From Distance Selling to the Virtual Property (in Russian) // Zakon. – Moscow, 2014. – No. 6. – PP. 120–143.

13.Arkhipov V.V., Azizov R.F. Relations in the Internet Format Web 2.0: the Problem of the Correspondence between the Network Architecture and the Legal Regulation (in Russian) // Zakon. – Moscow, 2014. – No. 1. – PP. 90–104.

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14.Arkhipov V.V. Virtual Law: The Main Problems of the New Direction of Legal Studies (in Russian) // Proceeds of Higher Educational Institutions. Jurisprudence. – Saint Petersburg, 2013. – No. 2 (307). – PP. 93–114.

15.Antonov M.V., Arkhipov V.V., Polyakov A.V. Scientific Dispute on Main Shores: XXV World Congress of Philosophy of Law and Social Philosophy (in Russian) // Proceeds of Higher Educational Institutions. Jurisprudence. – 2011. – No. 4 (297). – PP. 7– 20.

16.Arkhipov V.V. Postmortem: “Anatomy of the Law” by Lon L. Fuller (in Russian) // Russian Yearbook of Legal Theory. – 2011. – No. 2-2009. – PP. 186–203.

17.Arkhipov V.V. Concept of Law of Lon L. Fuller (in Russian) // Russian Yearbook of Legal Theory. – 2011. – No. 2-2009. – PP. 708–711.

18.Arkhipov V.V. “The Morality of Law” by Lon L. Fuller: on the Publication of the Russian Translation of the Book (in Russian) // Proceeds of Higher Educational Institutions. Jurisprudence. – 2008. – No. 5 (280). – PP. 113–121.

19.Arkhipov V.V. Lon Fuller on Correlation of Law and Morality (in Russian) // Proceeds of Higher Educational Institutions. Jurisprudence. – 2004. – No. 6 (257). PP. 145–152.

Articles in other Russian peer-reviewed journals

20.Arkhipov V.V. Game Rules as a Normative System, or What Do Law and Game Design Have in Common (in Russian) // Philosophical-Literary Journal Logos. – Moscow, 2015. – Vol. 25. – No. 1 (103). – PP. 214–225.

21.Arkhipov V.V. A Serious Game: Multiplayer Online Role–Playing Games in the Focus of the Russian Law Enforcement (in Russian) // Saint Petersburg lawyer. – Saint Petersburg, 2013. – No. 1. – PP. 56–61.