SPBILF 2019 Discussion Sessions
A column providing details of themes which will become the key topics to discuss at the Forum.
Discussion Session 'Machine-Readable Law: Help or Hype?'
The Working Group “Normative Regulation” at ANO “Data Economy” approved the draft concept for the development of machine-readable law technologies prepared by the Skolkovo Foundation Center of Excellence and sent it to the Ministry of Economic Development to prepare for adoption.
The developers believe that the introduction of machine-readable law technologies will reduce costs of citizens for lawyers, as well as transform the sphere of control and supervisory activities of the state.
Authors of the project believe that mathematical logic in the context of legal norms can significantly transform the sphere of control and supervisory activities of the state, can make the business climate more predictable and comfortable, which can affect the growth of investments and economic growth.
Hypotheses to be discussed:
- The use of reliably working algorithms of machine-readable law will not only ensure the development of new technologies, but will also provide the necessary and sufficient guarantees for the effective implementation and protection of citizens' rights in such complex processes as investments using new technologies (retail and (or) institutional investors), both reasonable and ethical use of personal data, compliance with the requirements for the safety and efficiency of software in the field of healthcare, unmanned vehicles and other areas;
- Growing amount of various information technologies that provide services in an automatic mode in our everyday life, as well as data exchange without human intervention (for example, unmanned vehicles, the Internet of Things technologies) requires the "embedding" of the rule of law into the operation of such systems and might be considered as an additional argument in favor of using machine-readable law;
- The use of formal languages as an additional tool for legal structures processing, especially in terms of formalized procedures, can significantly facilitate and speed up law enforcement practice.
Discussion Session 'Legal Design as the Way of Aesthetic Communication in Law'Interview with Yuriy Brisov, Managing Partner at LFCS Law Firm, Author of the Educational Course ‘Legal Design’ for Legal Academy and the moderator of the session
How should we understand Legal design?
Suppose you look at this phenomenon as broadly as possible. In that case, the legal design is the aesthetic aspects of the legal communication or the aesthetic elements of interactions: (1) within the legal world; (2) and with the legal world. Let's now consider the more down-to-earth approach to Legal design. We may call Legal design the sufficient organization and presentation of a legal solution to the existing problem.
What can we include in Legal design practically speaking?
We can name the five most fundamental practical aspects of legal design.
- Legal writing. It is a complex discipline for lawyers. It consists of the international rules of optimization and presentation of the legal documents: (1) letter to a client, partner, colleague; (2) a legal opinion or statement; (3) a procedural document for the court or arbitration.
- Computer skills. It is a bundle of practical skills required by a lawyer working with the documents.
- Communication skills. These are specific communication skills for lawyers. The art of finding common ground with a client, designer, programmer. The art of teambuilding.
- Design skills. These are the most basic designer skills that a lawyer might employ without the help of a designer.
- Writing skills. These are the rules of language, linguistics, semiotics that help a lawyer better convey an idea to an audience.
Discussion Session 'Tax Compliance: Tools and Scope'
Since the end of 2020 the Russian Federal Tax Service is moving the focus of its supervision away from inspections of individual companies and towards the creation of a transparent tax environment in entire economic sectors. Major taxpayers are suggested to include in their agreements ‘tax clauses’ by having recourse to representations and indemnities. Where ‘breaks in the chain’ of supplies have been identified, a buyer has the right not to implement a VAT deduction for such transaction, whereas the buyer may recover from the supplier the property losses incurred as a result of such breaks.
We will discuss with the experts advantages and disadvantages of this mechanism:
- whether it is permissible for the tax authorities to interfere with the structuring of civil law relationships and for the burden of preventing tax violations to be shifted onto the participants of business practice;
- whether property losses/damages may be recovered from a counterparty by virtue of a notice from the tax authority that there has been a ‘break in the chain’;
- the legal relevance of a taxpayer’s actions against the backdrop of the recommendations of the Federal Tax Service.