Table of contents

Volume 2210

2022

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Personnel Training and Legal Support for the Implementation of Research Projects of the MegaScience Class 17/06/2021 - 17/06/2021 Online

Accepted papers received: 08 February 2022
Published online: 29 March 2022

Preface

011001
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We are pleased to introduce the Proceedings of the III conference Personnel training and legal support for the implementation of research projects of the MegaScience class (June 17, 2021) organized by the National Research Nuclear University MEPhI (Moscow Engineering Physics Institute) and the Kutafin Moscow State Law University (MSAL).

The purpose of the conference is to discuss issues of personnel training and legal regulations of implementing research projects of the "MegaScience" class. The conference participants presented both positive and negative experiences in implementing scientific projects of the "MegaScience" class, their status, problems of their legal regulation, and problems of international scientific cooperation. The participants also proposed ideas for improving the regulations of the organization of these projects.

Due to the current restrictions caused by the coronavirus infection COVID-19, the conference was held online with the help of video communication systems.

The received papers were reviewed according to the Journal of Physics: Conference Series standards and to the scientific criteria developed by organizers. This journal volume includes 22 papers devoted to various aspects of cooperation in the field of "MegaScience" class projects. The organizing committee is very grateful to the following:

• Ministry of Science and Higher Education of the Russian Federation, National Research Center «Kurchatov Institute», ROSATOM, Russian Foundation for Basic Research

• Participants of the conference for their valuable contribution with the delivered presentations and interesting papers

• Conference program committee co-chairman: Strikhanov M.N., rector of National Research Nuclear University MEPhI, and Blazheev V.V., rector of the Kutafin Moscow State Law University

• Personnel of Journal of Physics for the support and communication

This volume of the Journal of Physics: Conference Series was issued with the financial support provided by the Russian Foundation for Basic Research (grant. 18-29-15036 mk «Models of legal regulations of unique scientific facilities of "MegaScience" class at the national and international levels in the context of technological development of the Russian Federation»).

Editors: Anatoly Petrukhin (MEPhI), Daria Moshkova (MSAL), Dmitry Lozovskij (MEPhI).

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All papers published in this volume have been reviewed through processes administered by the Editors. Reviews were conducted by expert referees to the professional and scientific standards expected of a proceedings journal published by IOP Publishing.

Type of peer review: Single Anonymous

Conference submission management system: Morressier

Number of submissions received: 27

Number of submissions sent for review: 25

Number of submissions accepted: 22

Acceptance Rate (Submissions Accepted / Submissions Received × 100):

81.5

Average number of reviews per paper: 2

Total number of reviewers involved: 12

Contact person for queries:

Name: Anton Smirnov

Email: ADSmirnov@mephi.ru

Affiliation: National Research Nuclear University MEPhI (Moscow Engineering Physics Institute), Moscow, 115409, Russia

Approved papers

012001
The following article is Open access

Genetics has advanced to the point where genetic data on an individual could mark them as predisposed to hereditary illness or unsuitable for certain kinds of jobs. There is widespread apprehension that workers with 'problematic' genetics will be singled out by employers and insurance companies for treatment as second-class citizens with restrictions placed on their rights. The article takes up the legal issues involved in defining the concept of genetic data, in regulating genetic information as a type of personal information, and in applying genetic antidiscrimination laws in various countries. Legal restraints on genetic information must be more extensive than on other personal information about a worker because genetic data has implications for their biological relatives. Protection against genetic discrimination must therefore begin with barring employers from collecting genetic information on workers unless it is necessary to prevent hazards to people's lives or health.

012002
The following article is Open access

This article substantiates that the demand for large research projects of the mega class in the field of social sciences is very high today. The system of regulators of public relations is faced with unprecedented challenges: from the need to develop state and world policies regarding the regulation of the use of AI and cyberspace to the determination of the boundaries of the possible replacement of humans with information technologies. The key aspect in this discourse is the activity of the state to ensure the protection of the rights in civil procedure. In this area, there is a need for an interdisciplinary and transnational nature of research. World legal practice needs a uniform approach to the digitalization of the law, to the status of IT-information, to its use in the cognitive activity of the court1. Introduction

012003
The following article is Open access

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Being one of the most decisive social phenomena, education is forced to be transformed by digitalization. As information society emerges, new challenges arise in implementing such technologies as Big Data and Artificial Intelligence. The authors have reviewed the existing practice of introducing new technologies in education. Identifying possible ways to effectively integrate Big Data into education is the aim of authors' research. The paper investigates the issues of introducing new academic disciplines and technologies, as well as the results of overall education system transformation on the case study of Digital Twins technology as integral part of Big Data technology implementation in Big Science.

012004
The following article is Open access

It is obvious now that the objective of strengthening scientific and technological bases is not only the goal of individual states but an objective of integration organisations as well. Europe produces a third of the world's new knowledge, but creativity and dynamism in the field must be stimulated inter alia by financial means. For this purpose in 2021 Framework Programme Horizon Europe was launched. However there are still questions to be resolved by legal science and practice in order to clarify legal rules covering relations between parties to grant agreement concluded under EU law. Some of that matters deal with the rules governing the process of repayment of funds received by a Beneficiary from the European Commission under a grant agreement. In this paper the author analyses legal nature of documents issued by the Commission in order to get the financing back and requirements applicable to the content of such documents. The author studies possible arguments for and against qualification of Commission documents containing demands of the repayment as a legal acts of the EU institution challengeable under Article 263 Treaty on the Functioning of the European Union and analyses possible requirements to the content of such documents from the perspective of future court proceedings.

012005
The following article is Open access

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The article considers the issues of methodological and regulatory support for interaction with foreign and national scientific, profit and non-profit organizations, as well as individual scientists in the framework of research infrastructures established in the Russian Federation. The research infrastructures in the neutron field serves as an example, based on which a promising model of international cooperation, aimed at mitigating the negative impact of basic factors that arise when organizing effective interaction with foreign scientific organizations, is considered. The model represents the mechanisms that determine the properties and states of interactions between subjects and describes the processes of forming connections within the framework of the research infrastructure. The article also examines the successful experience of implementing multilateral scientific and technical cooperation within the framework of the activities of existing platforms, associations, forums, etc.

012006
The following article is Open access

The article deals with the issues related to the legal status of researchers involved in the implementation of "megascience" class projects. Scientific organizations and universities lack certain independence when determining the qualifications requirements for the hiring of scientific workers. There are some terminological problems, difficulties in undergoing preliminary medical examination procedures in the recruitment process, difficulties with obtaining certificates of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or on termination of criminal prosecution on exonerating grounds. Based on an analysis of the existing problems, the author concludes that it is necessary to make comprehensive changes to the current legislation aimed at improving the legal regulation of engaging researchers in the implementation of large "megascience" class projects, taking into account the peculiarities of their work.

012007
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The paper examines the potential threats of the malicious use of deepfake technology to destabilize and discredit megascience projects in the global information space. The phenomenology of using artificial intelligence (AI) to create video recordings and voice messages, in which people do and say something that did not take place in reality, is considered. Special attention is paid to speech synthesis technologies based on arbitrary text and spoofing, i.e. replacing the speaker's personality while preserving the content of the original speech message. The authors' definition of a voice deepfake is as follows: an artificial creation of digital voice clones of a person for the purpose of intellectual or material forgery (fabrication of a pseudo-real information and communication event). A specific classification of deepfake technologies according to the types of their criminogenic use is given in the article. The authors highlight the imperfection of the Russian legislation on the legal protection of the individual voice of a person as an intangible value and on the protection of individuals from the unauthorized use of voice personal data taking into account the policy of social networks (Facebook, Twitter, TikTok) aimed at protecting users from synthesized audio and video disinformation. Based on the results of the research, a number of decisions are proposed to change the criminal and civil legislation in order to ensure the national security of the state, to protect international megascience projects, other scientific activities and individuals from the negative consequences of the potentially destructive and / or criminal use of voice deepfakes, including discrediting and defaming international megascience projects and their representatives in the media environment. The proposed legislative amendments may be used in other contexts by foreign countries and interstate associations.

012008
The following article is Open access

Remote work is a forced measure introduced by employers in order to prevent a viral infection. For employees, there are pluses in remote work - saving time and money on the road and high labour productivity because nothing distracts. There is a separate issue of information security for the employer when organising such a work regime for their employees. Any use of materials is allowed only with a hyperlink. Nowadays, in the realities of distance work, information security is coming first. Employees send all the information online; they use their data and send confidential information. Protection of personal data becomes a crucial point. The article deals with problems of ensuring information security in the field of remote work. The problems of information security during restrictive actions in connection with the coronavirus pandemic and the transfer of personnel to remote work are discussed. The threat of information leaks through remote workers is relatively high since the specialists responsible for the organisation's information security do not have the opportunity to apply the entire arsenal of technical means and policies, with the help of which security is ensured at workstations in the office. Information leakage will lead to severe problems, so it is essential to consider what means you can use to ensure the company's information security.

012009
The following article is Open access

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In this article, the authors have made an attempt to identify the main problems associated with the legal regulation of the protection of the results of scientific activities and technological transfer on the example of the experience of the European Organization for Nuclear Research (CERN). The authors formulate the key directions of the development of intellectual property law in relation to the protection of the results of scientific activity, especially objects of the "megascience" class. In conclusion, the possibility of using the European experience of legal regulation of the protection of intellectual property rights to these objects in the Russian Federation is considered, including in the context of technology transfer.

012010
The following article is Open access

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The paper considers the features of the unique scientific facilities network that is being formed within the framework of the national project "Science". Such projects are a complex enterprise that requires a specific management apparatus and appropriate information and legal support. The prospects of implementing the best practices in the activities of high-flux research nuclear reactor PIK are considered. In particular, the mechanism of protection of the created objects of intellectual property, possible ways of evaluation, examination and commercialization of the results of scientific research are discussed. The possibility of using the mechanism of regulatory sandboxes for specific financial products arising as a result of the activities of a megascience class installation (for example, a mechanism for insuring the results of production within the framework of experiments, a procedure for protecting intellectual rights) is discussed. It is shown that experimental legal regimes are widely used in world practice and are a catalyst for the development and implementation of innovations. It is proposed to focus not only on the experience of advanced countries (such as EU, and the USA), but also on the approaches of developing countries that are creating their own scientific infrastructure (Brazil, Argentina). Regulatory sandbox implementation proposals in the field of megascience facilities regulation are formulated. The idea of the need to create exclusively unique products and abandon all options for mass production is expressed, the latter involves considering megascience facilities as unique not only in the scientific sense, but also in the field of legal regulation.

012011
The following article is Open access

Brookhaven National Laboratory (BNL) is a multipurpose research center that primarily supported by the U.S. Department of Energy (DOE) Office of Science. BNL operates cutting-edge large-scale facilities for studies in physics, chemistry, biology, medicine, applied science, and a wide range of advanced technologies. Relativistic Heavy Ion Collider (RHIC) is a megascience facility at BNL that allows to conduct research in nuclear and particle physics. In these proceedings, we will review the current status and future prospects of the megascience complex RHIC.

012012
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Within the framework of this article, the authors make an attempt to analyze the ethical and legal foundations of regulating the issues of protecting the results of scientific activities, including those created by artificial intelligence systems. In the introduction, the authors analyze the general issues of regulating the protection of scientific results created through the use of the latest advances in technology. The article also draws attention to the experience of foreign states and supranational organizations in the field of patenting the results of scientific activities created by artificial intelligence systems, patent trolling as a vivid manifestation of the ethical and legal issues of protecting intellectual property rights, with particular emphasis on relevant judicial practice. In conclusion, the authors note the main trends in the development of legislation in the field under study, formulate recommendations to the domestic legislator based on the study of foreign experience in the legal regulation of artificial intelligence. This article will be useful for researchers, legal practitioners, graduate students, students and everyone who is interested in the problems of intellectual property rights in the context of using the latest technologies.

012013
The following article is Open access

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MegaScience projects are unique scientific experiments and facilities of a large scale that were initiated to allow to go beyond modern knowledge in the field of fundamental sciences and open up new opportunities in the technological development. The implementation of such complex projects requires the combined efforts of many scientists and institutions at national and multinational level. The paper presents an analysis of new trends in the training of researchers in the field of elementary particle physics, high energy physics and cosmophysics for research projects and experiments at MegaScience facilities. The authors consider the vast experience of extensive training of MEPhI students for fundamental science and analyzed new approaches to organizing the individual training of researchers at the university. The result of this work was presented and discussed within the proceedings of the Third Conference "Personnel training and legal support for the implementation of scientific projects of the Mega-science class" organized by National Research Nuclear University MEPhI and Kutafin Moscow State Law University on 17 June 2021.

012014
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In the classification of the Ministry of Science and Higher Education in the National Project "Nauka" (2018), the concept of MegaScience is the name of a class of unique scientific installations, and in general terms, these are large expensive international scientific and research complexes for solution of actual scientific problems. It is emphasized that world-class breakthrough research is impossible within the framework of one university or organization, without attracting multi-billion budgets. However, the practice of MEPhI shows that it is possible to construct the unique scientific installations and to achieve results comparable to the largest international projects within a university in cooperation with other Russian and foreign organizations.

012015
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The article looks at the peculiarities of funding national projects and large-scale scientific projects as part of adoption of innovative economic model of the society's development. In particular, funding of mega-science projects in Russia and abroad and its specifics has been studied. Particular examples of financial activities undertaken by the entities implementing mega-science projects like PIK and NICA have been provided. Ways to improve the funding of this sphere have been specified.

012016
The following article is Open access

The legal profession has both conservative and innovative features. On the one hand, present-day lawyers are the heirs of the centuries-old tradition of global jurisprudence. On the other hand, the technological challenges of the external environment inevitably transform not only the legal map of the world, but also the peculiarities of training for modern legal professionals. The article deals with the main transformational paradigms of legal professionals training, using the example of three high-tech spheres of public life – genetics, digital economy and mega-science installations development. Academic lawyers (legal scholars) are in many ways at the forefront of the present-day jurisprudence, defining both the present and the future of the global legal space. Their training takes longer than the standard education course for lawyers. The data of the Russian legal system and the legal systems of other countries, as well as international legal practice, served as the empirical basis for the research.

012017
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The article is devoted to the analysis of the interaction of various branches of knowledge from the point of view of their convergence, the achievement of a synergistic effect and correlation. Metascience in Western sources is often viewed as a methodological discipline, a kind of science about science, which contributes to increasing the authenticity and reliability of scientific results. Nevertheless, metascience can also be viewed as a result of the transition from quantity to quality in one or several branches of knowledge. Both the first and second approaches are methodologically promising. The authors trace the relationship between megascience and genomic research, for example, in the technological basis of these areas of scientific research - the latest and rapidly developing technologies, the use of complex and expensive scientific complexes that allow for unique research of a high degree of complexity. The conclusion is made that the similarity of the technological basis gives rise to the similarity of the emerging social relations and the challenges facing the legal regulation of these relations. Based on the results of the research, the authors offer recommendations on the formulation of principles and approaches to legal regulation.

012018
The following article is Open access

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The brain drain problem is typical not only for the Russian Federation, but also for other developing and developed countries. The article presents the mechanisms of attracting foreign scientists on the example of the European Union, the People's Republic of China, and the Federal Republic of Germany. On the basis of the analysis and generalization, the features of the mechanisms used to attract foreign scientists and their effectiveness are highlighted.

012019
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The study is caused by the need to identify advantages and disadvantages of different legal forms and models of international scientific and technical cooperation (ISTC), the possibilities of their application to megascience projects on the territory of Russia. The ISTC organizational and legal model with the use of existing framework international intergovernmental organizations or legal entities under national law and with the establishment of new special subjects can be schematically represented in the form of a four-level system. The first level includes the existing legal framework used to regulate the activities of an international intergovernmental organization or the national legislation of the State where the legal entity is established. The second level is represented by the internal law of an international intergovernmental organization or a local regulatory act issued by an "umbrella" structure. The third level consists of various memoranda of understanding. The fourth level is optional and it usually includes various bilateral agreements of the organization. The advantage of using the "umbrella" type organizational legal models is preconditioned by the readiness of the majority of their instruments and mechanisms that have already proven themselves in practice – they only need to be adapted to the specifics of a particular project – and the possibility to use them to implement a significant number of projects. The establishment of a special legal entity of a project type (international or national) is necessary to ensure a precise partners' equity participation in the implementation of the project, their financial obligations and the governance structure that depends on them. Depending on the "legal environment," the advantages of the international intergovernmental organization model include certain benefits, immunities and privileges, exemption from the jurisdiction of the host State on a number of issues, etc. A significant advantage is that it is much more difficult to subject international intergovernmental organizations to politically motivated unilateral restrictive measures ("sanctions"). The use of the legal entity established under national law can provide greater efficiency, flexibility and low administrative costs of the process. Moreover, exceptions from national law can also be envisaged for them.

012020
The following article is Open access

Within the framework of this article, the potential application of crowdsourcing mechanisms for the development of Megascience-class projects in Russia and the issues that arise in this regards are considered. Examples of the use of crowdsourcing mechanisms in current projects of this class are given. Proposals for their possible use in the future are made. The work raises the question of the branches of law, with the help of which it will be possible to regulate crowdsourcing in Russia.

012021
The following article is Open access

A present-day scientific experiment requires organized and self-organizing interaction of hundreds and thousands of specialists. We can offer some recommendations for improvement of the legal mechanisms of international scientific and technical cooperation. The creation of a unified national infrastructure supporting international scientific and technical cooperation of Russian organizations and research teams should be singled out as a separate project within the framework of a federal target program. It seems necessary to develop a special contract system for organizations participating in the Megascience projects, as well as a procedure for selection, monitoring and reporting standards. The issues of recruitment and training of the personnel involved in the functioning of the infrastructure of the Megascience projects are of particular relevance: competency profiles of experts in the management of international research projects should be developed, and the issues of their educating should be resolved as well. An important mechanism of interaction between national, international and foreign entities within the framework of the implementation of the Megascience projects is the creation of a single specialized web portal that would combine the resources of all the participants, simplify and accelerate interaction between research teams, and provide users with the necessary methodological support, in the national language as well. The improvement of legal mechanisms for attracting international and foreign entities for the implementation of the Megascience projects should be based on the creation of an infrastructure that provides administrative, financial, organizational, and legal support for research teams. At the same time, this activity should take into account the opinion of scientists themselves and never directly interfere in scientific and technological processes, allowing for a flexible approach to solving various issues.