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Articles in foreign peer-reviewed journals

(Web of Science Core Collection)

22. Arkhipov V., Naumov V., The Legal Definition of Personal Data in the Regulatory Environment of the Russian Federation: Between Formal Certainty and Technological Development // Computer Law and Security Review. Dorchester (UK), 2016. – Volume 32. – Issue 6. PP. – 868–887.

Chapters in monographs

23.§ 8. Rules of Game and of Law in the Context of Social Constructionism // Mediaphilosophy XII. Game or Reality? An Effort of Computer Games Research (in Russian) / Under Edition by V.V. Savchuk. – Saint Petersburg: Fund for the Development of Conflict Resolution Studies, 2016. – PP. 135–149.

24.Virtual Worlds and Multiplayer Online Role-Playing Games in Legal Theory and Practice // Mediaphilosophy X. Computer Games: Research Strategies (in Russian) / Under Edition by V.V. Savchuk. Publishing House of Saint Petersburg Philosophical Society. Saint Petersburg, 2014. – PP. 105–117.

25.Chapter 6. A Robot Is a Subject of Law (?). Development of Discussion (in co-authorship with A.V. Neznamov, V.B. Naumov, S.V. Sarbash, K.M. Smirnova) (in Russian) // Robotics Regulation: Introduction to “Robolaw”. Legal Aspects of the Robotics and Artificial Intelligence Technologies Development // V.V. Arkhipov [et al.]. Edited by A.V. Neznamov. - M.: Infotropic Media, 2018. – PP. 79–93.

26.Chapter 12. Robots and Personal Data (in co-authorship with A.V. Neznamov and V.B. Naumov) (in Russian) // Robotics Regulation: Introduction to “Robolaw”. Legal

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Aspects of the Robotics and Artificial Intelligence Technologies Development // V.V. Arkhipov [et al.]. Edited by A.V. Neznamov. - M.: Infotropic Media, 2018. – PP. 186–197.

Dissertation research

27. Arkhipov V.V. The Concept of Law of Lon L. Fuller. Thesis for the Degree of Candidate of Legal Sciences (in Russian) / Saint Petersburg State University. – Saint Petersburg, 2009.

Textbooks and instruction materials

28.Arkhipov V.V. Internet Law: Textbook and Exercise Book for Bachelor’s and Master’s Degree (in Russian). – Moscow: Yurayt Publishing House, 2016. – 249 p.

29.Arkhipov V.V., Kraevsky A.A., Timoshina E.V. Theory of Law and State. Exercise Book. (in Russian) – Saint Petersburg State University. Saint Petersburg, 2015. – 201 p.

Publications in collections of academic papers

30.Arkhipov V.V. Semantic Limits of Law in the Conditions of the Medial Turn: from Virtual Reality to Theory of Law // Public Order and its Institutional Foundations. Proceedings of the International Academic Conference. Voronezh: NAUKA-UNIPRESS, 2019. – PP. 56–65.

31.Arkhipov V.V. Prerequisites of the Concept of the Semantic Limits of Law in the Context of Modern Information Culture // Information Space: Ensuring Information

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Security and Law. Collected Academic Papers / Under edition of T.A. Polyakova, V.B. Naumov, A.V. Minbaleyev. - MOSCOW: ISL RAS, 2018. – PP. 272–286.

32. Arkhipov V.V., Naumov V.B. Draft Federal Law “On Amendments to the Civil Code of the Russian Federation in Terms of Improving the Legal Regulation of the Relationships in the Field of Robotics" // Law and Information: Theory and Practice. Collection of Materials of the VII International Academic and Practical Conference. Series “Electronic Legislation” / Academic editor N.A. Sheveleva. Saint Petersburg: Boris Yeltsin Presidential Library, 2017. – PP. 220–228

Presentation summaries at Russian and international conferences

33.Arkhipov V.V. Legal Risks of Using Social Networks in Science and Education (in Russian) // Receiving, Storing and Using Information in the Electronic Environment: Public and Private Law Regulation. Collection of Materials of the International ScientificPractical Conference. Series “Electronic Legislation” FGBU Boris Yeltsin Presidential Library; Scientific Editor N.A. Sheveleva. – St. Petersburg: 2013. – PP. 213-218.

34.Arkhipov V.V., Speaking About Law: General Fiction of Legal Theory // 25th IVR World Congress of Philosophy of Law and Social Philosophy. – Frankfurt am Main, 2011. – PP. 248-249.

35.Arkhipov V.V., Virtual Worlds in Legal Studies. Speaking About Law: General Fiction of Legal Theory // 25th IVR World Congress of Philosophy of Law and Social Philosophy. – Frankfurt am Main, 2011. – P. 248.

36.Arkhipov V.V. Evgeny Pashukanis: Legality and Economic Calculation // Abstracts. Special Workshops and Working Groups (II) of IVR 24th World Congress “Global Harmony and Rule of Law”. – Beijing, 2009. – PP. 365–368.

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The main provisions of the dissertation research were presented at Russian academic conferences: Roundtable “Artificial Intelligence, Neurotechnologies, Ethics, Law and Security: Interdisciplinary Dialogue” (ITMO University, 28 June 2019); Academic and Practical Conference “Alexeyevskie Readings” (Saint Petersburg State University, 13 May 2019); Russian-Chinese Conference on Comparative Law of the Russian Federation and the People’s Republic of China (Saint Petersburg State University, 9-10 April 2019); Academic and Practical Conference with International Participation “Law and Modern Economics: New Challenges and Prospects” (Saint Petersburg State Financial University, 9 April 2019); International Academic Theoretical Conference XIX Spiridonov Readings on the topic of “Legal Thinking: Classical and Post-Classical Paradigms” (Saint Petersburg Branch of the University of Public Prosecution of the Russian Federation, 5-6 April 2019); International Scientific and Practical Conference “Second Bachilovskye Readings” (8 February 2019); Scientific and Practical Conference “Computer Games: Cultural Interfaces and Social Interactions” (Sociological Institute of the Russian Academy of Sciences, 19-21 October 2018); Section “eSports Law: Myth or Reality” at the Saint Petersburg International Legal Forum (SPILF, 17 May 2018).; International Scientific and Practical Conference “Information Space: Ensuring Information Security and Law – First Bachilovskye Readings” (ISL RAS, 15-16 February 2018); International Conference “Creative Heritage of L.I. Petrazycki: History and Modernity (to the 150th Anniversary of Birth)” (Saint Petersburg State University, 14-15 December 2017); VI International Scientific and Practical Conference “Law and Information: Issues of Theory and Practice” (Boris Yeltsin Presidential Library, 15 April 2016); the International Scientific and Practical Conference “Topical Problematic Issues of Intellectual Property Law” (V International Cultural Forum, Saint Petersburg State University, 1 December 2016); International Academic and Practical Conference “Legal Regulation of Computer Game Industry: Problems of Theory and Practice” (Saint Petersburg State University, 30

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September 2015); the All-Russian Scientific Conference “Computer Games – Theatre of Active Actions” (Saint Petersburg State University, 20 June 2013); the Scientific and Practical Conference “Monitoring of Law Enforcement” (Saint Petersburg State University, Ministry of Justice of the Russian Federation, 11 June 2013). International Scientific and Practical Conference “Receiving, Storage and Use of Information in Electronic Environment: Public Law and Private Law Regulation” (Boris Yeltsin Presidential Library, Saint Petersburg, 11-12 April 2013); International Scientific and Theoretical Conference “Law and Globalization: Theory and History Issues” (Saint Petersburg State University, Saint Petersburg, 28 November 2008); All-Russian Interuniversity Conference “Principles of Law” (Saint Petersburg State University, Saint Petersburg, 30 November 2006),

as well as at foreign scientific conferences: 29th World Congress of the International Association of Law and Social Philosophy (IVR) – Dignity, Democracy, Diversity (University of Lucerne, Switzerland, 7-12 July 2019); IV International Conference “More Than Just a Game” – “Culture, Identities, Freedoms & Artificial Intelligence” (Queen Mary, University of London, Centre for Commercial Law Studies, London, 5-6 April 2018); 25th World Congress of the International Association of Law and Social Philosophy (IVR) – Law, Science, Technology (Goethe University, Frankfurt am Main, 15-20 August 2011); 24th World Congress of the International Association of Philosophy of Law and Social Philosophy (IVR) – Global Harmony and Rule of Law (Chinese Law Society, 15-20 September 2009).

The empirical material of the research and interpretation of its relevance largely owes to the results of the expert participation of the dissertation candidate in Russian and foreign scientific, practical and business events related to the computer games and computer sports industry: Winter Nights: Mobile Games Conference 2014 (Saint Petersburg, 7-8 February 2014); DevGAMM Minsk 2014 (Minsk, 17-18 October 2014);

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Games Industry Law Summit 2015 (Vilnius, 23-24 April 2015); DevGAMM Moscow 2015 (Moscow, 15-16 May 2015); Mastering the Game 2015 (World Intellectual Property Organization, Ministry of Culture and National Heritage of Poland, Krakow, 4-5 November 2015); Games Industry Law Summit 2016 (Vilnius, 28-29 April 2016).; DevGAMM Moscow 2016 (Moscow, 12-13 May 2016); Mastering the Game 2016 (Ministry of Culture and National Heritage of Poland, Warsaw, 17-18 November 2016); Games Industry Law Summit 2017 (Vilnius, 27-28 April 2017); Mastering the Game 2017 (Ministry of Culture and National Heritage of Poland, Warsaw, 16-17 November 2017); Games Industry Law Summit 2018 (Vilnius, 3-4 May 2018); Games Industry Law Summit 2019 (Vilnius, 2–3 May 2019).

The main provisions of the dissertation research have been under academic scrutiny: in interaction with the participants of the research project with the financial support of the grant of the Russian Fund for Scientific Research № 16-18-10162 “A New Type of Rationality in the Era of Medial Turn” (Saint Petersburg State University) – in the part of preparation of the section in the monograph “Mediaphilosophy XII. Game or Reality? Experience of Computer Games Research”; during the implementation of the research project “Identification and Assessment of Aspects of the Impact of Computer Games on Socio-Economic Processes: Analysis and Synthesis of Foreign Research (Psychology and Law)” in 2016 - 2017. (Saint Petersburg State University); in the framework of research work supported by Saint Petersburg State University “Problems of Legal Regulation of Goods Turnover in the Internet: from Remote Trade to ‘Virtual Property’” in 2013 (Saint Petersburg State University). For the manuscript of the article “L. Fuller’s Concept of Law: an Experience of Non-Classical Interpretation”, reflecting the experience of applying the methodology of late L. Wittgenstein’s philosophy to the philosophical and legal concepts, the dissertation’s author was recognized as the winner of the contest of scientific works of

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young scientists and specialists of Saint Petersburg State University by the decision of the Scientific Council of Saint Petersburg State University (Protocol No. 6 of 27.06.2005).

The structure of the dissertation. The dissertation paper consists of the introduction, three chapters, seventeen paragraphs, the conclusion, the list of abbreviations and notation conventions, the list of sources and three annexes.

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CHAPTER 1. Problem statement in the light of the methodological approach, empirical material and socio-cultural context

§ 1. General remarks on the methodological approach of the research: linguistic philosophy and social constructionism

Before turning directly to the subject of this work, it makes sense to specify the main methodological ideas that determined the content and direction of the study, since in the conditions of post-classical scientific rationality it is impossible to ignore the peculiarities of the agent of academic research. Such a “methodological declaration” of the author’s main approaches at the beginning of this work will make it possible to explain the choice of the research topic, outline its paradigm limits in advance and relate it to a certain academic tradition. The objective of this section is not to provide an exhaustive description of the actual methods for solving the problem of reconstructing the semantic limits of law

– the content of the Chapters 2 and 3 of the study that is devoted to this instead.

In general, this study reflects an experience of understanding of that part of the processes of transformation of society in the digital economy, which is associated with the phenomenon often referred to as “virtual reality”, from the standpoint of legal philosophy. The author’s interest in how the development of social practices (i.e., social relationships as such, rather than their subject-matter – information) related to the participation of social actors in the interaction in “virtual reality” influences fundamental ideas served as a substantive reason for the research about law. One of the main methodological reasons for the study was the problematics, common for the philosophy of law of the XXth century, conceptualized by H. Hart in the concept of “penumbra”.68 H.

68 How, for example, E.A. Bazhenova describes the essence of this problem in the presentation of H. Hart: “Both in the system of case law and in the system of statutory (legislative) law legal norms differ in the quality of uncertainty. Such uncertainty is related to the nature of the language, as many concepts in the language are of a general nature and cannot cover all cases and facts that will arise in the future. The thesis about the uncertainty of the rules and legal language of Hart is based on the distinction between ‘core’ and ‘penumbra’ meaning inherent in the legal norms (their words and expressions). In the

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Hart considered that primitive law and international law belong to the most striking examples of such a field. In this paper, in essence, the thesis is that the main area of the “penumbra” comprises of phenomena related to the interaction of people in virtual space, which in its most general terms often implies “serious” relationships about “unserious” subject. Just as L. Lessig believed that the study of the issues of “cyberlaw” would shed light on a number of general problems of jurisprudence,69 what may be perceived in the present work, directly or between the lines, is the idea that the study of questions of the interaction of people in new virtual environments can shed light on the practices and phenomena that precede modern “virtual reality”.

As regards the various research methods, the general context of the work, as already outlined, is determined by the post-classical type of scientific rationality,70 one of the

example of Hart, he cites the concept of ‘vehicle’ and a ban on the presence of vehicles in the park. It is clear that this concept includes certain cases such as cars, buses or motorcycles. But does it also inevitably include bicycles, electric-powered toys or roller skates?” See: Bazhenova E.A. Legal Philosophy of H.L.A. Hart: Textbook / E.A. Bazhenova; Vladimir State University named after A.G. Stoletov and N.G. Stoletov. – Vladimir: Vladimir State University, 2016. P. 30. It should be noted that L. Fuller, who criticized the very formulation of the problem of ‘penumbra’ meanings, according to which we will never be able to define the ‘core’ and ‘peripheral’ meaning of words before we define the purpose of the legislative act (or the legal norm of the case law), which determines the context and space of possible connotations, does not exclude the very formulation of the problem in the context of this study.

69See: Lessig L. The Law of the Horse: What Cyberlaw Might Teach [Electronic resource] // Berkman Center for Internet & Society at Harvard University Website. – [Site]. – URL: http://cyber.law.harvard.edu/works/lessig/finalhls.pdf (accessed: 26.01.2019).

70In the issue of periodization of science, the author shares the position proposed by E.V. Timoshina on the redundancy of “post-non-classics” in application to the theory of law. According to E.V. Timoshyna, “the allocation of another stage in the theory of law – the so-called post-nonclassical, which was borrowed from the conceptual scheme of V.S. Stepin – seems to be excessive. It is well known that V.S. Stepin, first of all with regard to the history of natural science, singled out three types of scientific rationality – classical, non-classical and postnonclassical. However, his position, even as a conceptualization of history and the current state of natural science, has not become universally recognized. In sociohumanitarian knowledge, including in the theory (philosophy, sociology) of law, this typology appears to be redundant, because the criteria laid down in its foundation and oriented to the history of natural sciences: the types of system objects studied by science (respectively, simple, complex, self-developing), as well as the ‘depth of reflection in relation to the very scientific activity’ – are not correlated with the historical development of the theoretical and legal knowledge itself. In any case, without the development of criteria of the appropriate typology of legal understanding, which would allow us to justify the allocation of postnonclassical legal understanding, it is somewhat premature to talk about it... Accordingly, it is methodologically justified to highlight the classic and postclassical (or, what is the same, non-classical) understanding of law. Support for such a position can be found in V.S. Shvyrev, who, commenting on the typology proposed by V.S. Stepin, proposed to proceed ‘first of all, from the distinction between classical and nonclassical in the broad sense, or, perhaps, in order to avoid terminological confusion – postclassical rationality. In addition, the author of this conceptual scheme, V.S. Stepin himself, in his last monograph, proceeds from the division of scientific rationality into classical and non-classical...”. See: Timoshina E.V. Classics, Postclassics...

Neoclassics: to the Substantiation of Counter-Postmodern Program in the Legal Theory // Proceedings of Higher Educational Institutions. Jurisprudence. 2014. No. 4 (315). PP. 8–9. The following publications reflect the positions of representatives of the

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central aspects of which is the so-called “linguistic turn” or “linguistic revolution” that predetermined the attention of scholars to the basic tool of knowledge of social sciences and humanities, namely to natural language. At the beginning – to its logic, but subsequently – to semantics, interpreted as key factors determining the research actor’s attitude to the meaning and role of the results of the process of research. The author generally adheres to a set of broad methodological ideas arising from the philosophy of the “late” L. Wittgenstein71 and proceeds from the fact that much of the academic disputes, many of which are centered on words and their fundamental “correctness” and “incorrectness”, are methodologically wrong. More in the social sciences and humanities, and less so in the natural sciences, researchers rather formulate certain instrumental verbal concepts that should be evaluated, first of all, from the point of view of consistency, internal logical coherence and “workability”. We can say that, according to L. Wittgenstein, the “essence” can be found in the grammar of a language, the meaning of a word is its use, and, accordingly, the terms used, including in academic studies, cannot pretend to attain semantic universality – their meanings are reconstructed in context.72 This

history and methodology of science (references borrowed from E.V. Timoshina): Stepin V.S. Theoretical Knowledge. Structure, Historical Evolution. М., 2000. – 743 p.; Shvyrev, V.S. My Path into Philosophy [Electronic source] / On the Path to the Non–Classical Epistemology / edited by V.A. Lektorsky. Мoscow, 2009 // Institute of Philosophy of the Russian Academy of Sciences. – [Site]. – URL: https://iphras.ru/page50109829.htm (accessed: 13.01.2019); Stepin V.S. Human Cognition and Culture. Saint Petersburg, 2013. – 140 p. Let us separately note another reason for the redundancy of postnonclassics in the periodization of legal science: it is assumed that in the three-tier periodization at the non-classical stage there is a linguistic turn. It would seem that it should be reflected in the style and structure of thinking and use of language in legal research – but, unfortunately, the reflection of the awareness of the dependence of the results of knowledge on the language used in the majority of specific examples of legal texts does not differ much from the approaches typical of the XIXth century...

71The following quote from L. Wittgenstein is quite characteristic: «For a large class of cases – though not for all – in which we employ the word “meaning” it can be defined thus: the meaning of a word is its use in the language» (§ 43 of the “Philosophical Investigations” written in 1945). See e.g.: Wittgenstein L. Philosophical Investigations (in Russian). – M.: AST

–Astrel, 2010. – 347 p. English quote is provided in the translation of G.E.M. Anscombe according to this edition: Wittgenstein L. Philosophical Investigations. Oxford: Basil Blackwell, 1986. – 326 p.

72Commenting on the item 3.262 of the Wittgenstein's “Tractatus Logico-Philosophicus” (“What does not get expressed in the sign is shown by its application. What the signs conceal, their application declares”, in translation into English by C.K. Ogden), V. Rudnev notes: “The name (simple Sign) is devoid of meaning, it has only a reference (Bedeutung). But if the Name appears in the Proposition, in a particular use, as if its meaning is said outward. The name ‘chair’ simply points to a chair, but having appeared in the proposition ‘He sat on a chair’, the name reveals its meaning, implicitly embedded in it. Thus, the Name contains the Possibility of Meaning (i.e. the Name is not meaningless at all), which is actualized when used in a particular Proposition. This section already contains the semantic theory developed by Wittgenstein in his Philosophical Investigations, according to which the meaning of the word is its use (for late Wittgenstein the concepts of Meaning and Sense