To see the other types of publications on this topic, follow the link: Computer networks, law and legislation.
Journal articles on the topic 'Computer networks, law and legislation'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Computer networks, law and legislation.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Qin, Di, Zhaonan Mu, and Sijialu Yue. "The Value Orientation of Electronic Commerce Law Based on Computer Network." MATEC Web of Conferences 365 (2022): 01030. http://dx.doi.org/10.1051/matecconf/202236501030.
Full textAbstract:
In the era of legal globalization, e-commerce platform increasingly mature environment, in order to better meet the practical requirements of e-commerce activities, in the process of e-commerce legislation, practice, should always adhere to the value orientation of fair and equitable legal benefits, and by respecting the existing legal framework, integrate the operation and development environment of computer networks, and formulate e-commerce law in line with the modern e-commerce environment, effectively safeguard the order of e-commerce activities. Based on the analysis of the current situation of e-commerce practice and the legislation of e-commerce law, this paper puts forward the value orientation and practical suggestions of e-commerce law based on computer network.
2
Walden, Ian. "Harmonising Computer Crime Laws in Europe." European Journal of Crime, Criminal Law and Criminal Justice 12, no. 4 (2004): 321–36. http://dx.doi.org/10.1163/1571817042523095.
Full textAbstract:
AbstractAs the ‘Information Society’ emerges, the European economy and its citizens have become dependent on computers and communication networks. However, with the ravages of the viruses MyDoom and MS Blaster still being felt around the world, the vulnerability of computer systems and networks to criminal crime, as well as potentially terrorist activity, is still fresh in our minds. There is no agreed definition of what constitutes a ‘computer crime’. A computer may constitute the instrument of the crime, such as in murder and fraud; the object of the crime, such as the theft of processor chips; or the subject of the crime, such as ‘hacking’ or ‘cracking’. The involvement of computers may challenge traditional criminal concepts, such as fraud, as well as facilitating particular types of crime, such as child pornography. This article is concerned with the computer as the subject of the crime and with laws that have been established to specifically address activities that attack the integrity of computer and communications networks, such as the distribution of computer viruses. This article examines various initiatives to harmonise substantive criminal law to address the threat of computer integrity crimes, focusing specifically on a draft Council Framework Decision on ‘attacks against information systems’. Consideration is given to the impact the Decision may have when transposed into UK law, through an amendment of existing legislation, the Computer Misuse Act 1990.
3
ZONTOVA, Daria. "Foreign experience in regulating criminal liability for interfering in the activities of judicial bodies and institutions of justice of Ukraine." Economics. Finances. Law 9/1, no. - (September 16, 2022): 23–26. http://dx.doi.org/10.37634/efp.2022.9(1).5.
Full textAbstract:
The paper examines the peculiarities of the application of the positive experience of legislative activity of foreign countries in regulating criminal liability for interference in the activities of judicial bodies and judicial institutions of Ukraine. Various approaches to the legal regulation of criminal liability for interfering in the activities of judicial bodies (judicial authorities) are analyzed. It is stated that the criminalization of the act in the national legislation is due to a number of different factors, including the peculiarities of certain branches of law and legal culture. Тhe description of the signs of a criminal offense in a separate norm of the criminal law is not in itself a sign of its effectiveness. The fact that in the vast majority of foreign countries interference in the work of automated systems of judicial bodies and institutions of justice is carried out within the criminal law protection of the use of computers, systems and computer networks and networks or information security, does not indicate that national law considers criminal offenses against justice to be less socially dangerous.
4
Maile, A. D. "Legislation on Administrative Procedures: The German Experience." Siberian Law Review 18, no. 2 (October 20, 2021): 204–15. http://dx.doi.org/10.19073/2658-7602-2021-18-2-204-215.
Full textAbstract:
This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.
5
BloomBecker, J. J. Buck. "US computer security legislation H.R. 145: A step toward greater computer security?" Computer Law & Security Review 3, no. 5 (January 1988): 30–31. http://dx.doi.org/10.1016/0267-3649(88)90115-x.
Full text
6
Zamakhin, A. L. "Object and Subject of Cri¬minal Offenses in the Field of Use of Electronic Computers, Systems and Computer Networks and Telecommunication Networks." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 576–81. http://dx.doi.org/10.24144/2788-6018.2023.06.101.
Full textAbstract:
The article deals with the object and subject matter of computer criminal offenses. The purpose of the article is to study the object and subject matter of computer criminal offenses, to analyze the current state of legal regulation of computer criminal offenses, and to provide suggestions and comments to the legislation.
It is proved that due to the development of scientific and technological progress at the end of the twentieth century, a new type of social relations in the field of computer information circulation emerged in the State, which were subsequently taken under the protection of criminal law. The information security (cybersecurity) of the state has become one of the components of Ukraine's national security. Unlike other scholars, we believe that the direct object of computer criminal offenses is social relations to ensure the integrity and safety of computer information and the safe operation of information systems. The foundation of an information system is a set of information
resources in the form of computer information, computer technologies and equipment, as well as related computer infrastructure, including telecommunication networks. Not all computer information requires criminal legal protection and, accordingly, can be the subject of computer criminal offenses, so the legislator should amend the dispositions of Articles XVI of the Special Part of the Criminal Code of Ukraine and replace the term "information” with "information protected by law”. It seems that by limiting the ways of influencing computer information in the law, the legislator has provided opportunities to avoid criminal liability to persons who otherwise cause damage to the owners of computer information.
The complexity of protecting legal relations in the field of computer information lies not only in the evolution of technologies for its registration and transfer, but also in the evolution of legal relations themselves and the ways of influencing them. The backwardness of the articles of Section XVI of the Criminal Code of Ukraine and the problems of qualification of acts under these articles which arise in modern judicial practice cannot be solved by changing the dispositions of these corpus delicti only.
7
Thorne, Clive D. "Copyright legislation." Computer Law & Security Review 3, no. 4 (November 1987): 12. http://dx.doi.org/10.1016/0267-3649(87)90053-7.
Full text
8
Sterling, J. A. L. "Legislation update." Computer Law & Security Review 4, no. 1 (May 1988): 42–43. http://dx.doi.org/10.1016/0267-3649(88)90103-3.
Full text
9
Sterling, J. A. L. "Copyright legislation." Computer Law & Security Review 3, no. 5 (January 1988): 2–9. http://dx.doi.org/10.1016/0267-3649(88)90106-9.
Full text
10
López Jiménez, David, Patricia Vargas Portillo, and Eduardo Carlos Dittmar. "SAFEGUARDING PRIVACY IN SOCIAL NETWORKS." Law, State and Telecommunications Review 12, no. 1 (April 21, 2020): 58–76. http://dx.doi.org/10.26512/lstr.v12i1.31238.
Full textAbstract:
Purpose ”“ The purpose is to examine the degree of privacy protection in the social networking field. In this sense, we analyze the benefits of the self-regulation of the industry as a complement to the regulations.
Methodology/approach/design ”“ We study the Spanish and the European regulations regarding personal data protection with respect to social networks.
Findings ”“ The legislative regulations on this subject are insufficient due to their intrinsic limitations in the field. Therefore, we should encourage the approval of good legislation that complements and fills the gaps.
Practical implications ”“ The advantages that are derived from the research on this subject are useful for service providers and the public and private sectors in the information society. Therefore, they are useful for society in general.
Originality/value ”“ This research article includes the examination of the general utility of society. The aspects that are addressed are applicable to the industry and those who use social networks. The government must prevent infractions that damage consumers and/or users.
11
Kirilenko, Viktor, and Georgy Alekseev. "The Harmonization of Russian Criminal Legislation on Counteracting Cybercrime with the Legal Standards of the Council of Europe." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 898–913. http://dx.doi.org/10.17150/2500-4255.2020.14(6).898-913.
Full textAbstract:
Crimes that happen in the virtual environment created by digital technologies inflict considerable economic damage. Mercenary motives of criminals in the information society are giving rise to increasingly more and more sophisticated methods of abusing the trust of computer networks’ users. The harmonization of Russian legislation on counteracting cybercrimes with the legal standards of the Council of Europe is inevitable due to the trans-border character of crimes committed using information and telecommunication technologies, and to their high public danger. The methodology of researching cybercrime is based on the comparative analysis of Russian law enforcement practice on crimes in the sphere of computer information and the most progressive practices of counteracting cybercrime in the member states of the Council of Europe. The methods of inclusive observation and discursive analysis make it possible to identify latent delicts in contemporary information space. The analysis of criminal legislation and the practices of criminal behavior in cyberspace are aimed at improving the measures of counteracting the violations of fundamental human rights in the process of the digitization of economy, when fraud based on the abuse of network users’ trust becomes the most typical virtual crime. Internet users are interested in reporting the facts of offences in the information space on the condition that the state protects their fundamental freedoms. The creation of closed social networks by criminal organizations and the widening technical opportunities for extortion result in the creation of universal schemes that enrich criminals, who are not only interested in reducing the state’s influence on public relations, but are also trying to establish their dominance in the economic space of information society. The effective policy of law enforcement bodies on counteracting economic crimes in the global information space requires an international consensus regarding the development of public-private partnership in identifying cybercrimes and suppressing criminal practices connected with the use of information technologies.
12
Rodrigues Fuhr, Isis. "CRIMES CIBERNÉTICOS: UMA ANÁLISE SOBRE CONDUTAS CRIMINOSAS NO AMBIENTE VIRTUAL E O TRATAMENTO CONFERIDO PELO ORDENAMENTO JURÍDICO BRASILEIRO." Revista Científica Semana Acadêmica 10, no. 227 (November 30, 2022): 1–21. http://dx.doi.org/10.35265/2236-6717-227-12337.
Full textAbstract:
Computer systems have enormous importance in the current social moment. Most people, individuals or corporations, depend on their computerized device, which can be a simple flash drive or cell phone, even a computer with a company's confidential database, to solve the most complex to the simplest problem. In these devices, countless information is stored that, if violated, can generate damage of all kinds. In this way, these people are susceptible to becoming victims of crimes committed through the invasion of such equipment. Although in criminal legislation there is already a typification of conduct such as embezzlement, theft, such crimes can be practiced either physically or virtually, however, there are some specificities that need to be expressly contained in the law. In Brazil, laws 12,735/12 and 12,737/12 (known as the Carolina Dieckmann Law) were enacted, the so-called Computer Crime Laws, which came into force in 2013, aimed at combating virtual crimes, in the face of technological advances and the democratization of social networks and, also, due to the pressure of the media. This article has the general objective of analyzing the treatment given by Brazilian legislation to criminal conduct practiced in the virtual environment. For this, it is imperative to understand the new formats and legal arrangements regarding virtual crimes; first, an approach will be made about Criminal Law and its conceptualization; secondly, cyber crimes will be analyzed; finally, the criminal type created by the Carolina Dieckmann Law will be analyzed.
13
Poryvaev, S. A. "Proceedings for the Resolution of Judicial and Non-Judicial Administrative Disputes as Part of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 350–58. http://dx.doi.org/10.19073/2658-7602-2021-18-3-350-358.
Full textAbstract:
Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.
14
Bykova, A. G., and I. V. Kiselev. "Features of Formation of Russian Legislation on Higher Education of the XVII-XVIII Centuries." Siberian Law Review 18, no. 4 (December 25, 2021): 388–97. http://dx.doi.org/10.19073/2658-7602-2021-18-4-388-397.
Full textAbstract:
The article discusses the formation of legislation on higher education in Russia. The sphere of education is the most important condition for the spiritual, professional formation and development of the individual, the social well-being of society, political and economic formation of the state. An analysis of the historical and legal experience of regulating public relations is a prerequisite for building modern legislation in the field of education. The relevance of the study of the Russian features of legislation on higher education of the XVII-XVIII centuries is that modern social relations in the field of education are not fully regulated. This is evidenced by a range of legal problems. Particular attention should be paid to the legislative regulation of certain powers of participants in public relations in the field of higher education, by-law legal regulation, as well as the implementation of certain legal norms of the Federal Law of 29.12.2012 № 273-FZ. The need to resolve these problems updates the relevance of theoretical problems. The answer to the above questions is an analysis of the historical foundations of Russian legislation on higher education. In the pre-revolutionary Russia, sufficient experience in managing higher education, as well as regulating relevant social relations was in place. The completeness of the study of the subject of public relations in the field of education in the historical context is closely related to the analysis of the activities of Russian universities. The article considers the reasons for the appearance of educational institutions in Russia. The first domestic educational institutions appeared at the end of the 18th century - at a historical moment when the expansion of Western European ideas for organizing university education reached the Russian state. Russia had an urgent need to train specialists in the field of public administration - officials, theologians - to strengthen the Orthodox faith, teachers - to educate and promote morality. The authorization of the first regulatory and legal sources in the field of higher education was associated with attempts to create the Slavic-Greek-Latin Academy in Moscow. The revival of the ideas of education in Russia objec'tively accelerated the process of creating domestic educational institutions. The further development of legislation on higher education is associated with the implementation of new ideas about the establishment of universities under Empress Elizabeth Petrovna and Catherine the Great . In the final part of the work, it is noted that in connection with the creation of the first educational institution in Russia, the first normative legal act regulating legal relations in the field of higher education is published - "Privilege for the Academy." During the XVII-XVIII centuries Russian legislation on higher education contained personal regulatory legal acts. They were strictly targeted and regulated the activities of the educational institution, its officials, teachers, students, as well as other participants in academic social relations.
15
Solovey, Yu P. "Modern Problems of Building the Russian Model of the Administrative Process: A Review of the All-Russian Scientific-Practical Conference." Siberian Law Review 18, no. 2 (October 20, 2021): 110–27. http://dx.doi.org/10.19073/2658-7602-2021-18-2-110-127.
Full textAbstract:
The review contains the abstracts of the participants of the All-Russian scientific-practical conference “Modern problems of building the Russian model of the administrative process”, held on June 4, 2021 at the Siberian Law University (Omsk) and being the next stage in the development of the discussion of domestic administrative law scholars about the current model of the Russian administrative process, its concept, types,volume and structure, directions for improving the administrative procedural legislation, based on the standards of a legal state and taking into account the experience of foreign countries. Despite the difference in approaches to understanding the administrative process, the theoretical construction of its model, the conference participants expressed a common opinion about the urgent need to develop and adopt legislative acts that ensure an appropriate level of proceduralization of administrative activities and, accordingly, reliable protection of the rights and legitimate interests of citizens and organizations in the field of their relationship with the public administration.
16
Oshanova, O. "LEGISLATIVE REGULATION OF INTERNET SPACE IN KAZAKHSTAN: PROBLEMS AND SOLUTIONS." BULLETIN Series of Philological Sciences 71, no. 1 (April 23, 2020): 676–83. http://dx.doi.org/10.51889/2020-1.1728-7804.114.
Full textAbstract:
In the article raises the actual issue of legal regulation of the Kazakhstan Internet space. The author examines the issues of combining the methods of legal regulation and self-regulation on the Internet.Prospects of soft law in the international regulation of the Internet, in countries such as the United States, Britain and Russia are assessed from different points of view. Especially the author draws attention to such topics as terrorism, pornography and encroachment on the honor and dignity of citizens.The relevance of this topic is expressed in the fact that, the Internet is still not sufficiently regulated from the legal point of view. The constant increase in the number of subscribers and the growing importance of information exchange through the Network attract the public's attention to the problems of regulation, the development of rules for the fair, legitimate functioning of the Internet by the state. Internet legislation is a set of laws, other normative acts (national and foreign states) which are regulating relations in the virtual space of the Internet. As an Internet relationship is considered only those relations that are connected with the social and legal regulation of the virtual space that is with the regulation of this space on the basis of the norms of law, morals, ethics and other means.The main problems of legal regulation are related to the order and conditions of the use of telecommunications networks and protection of the rights and legitimate interests of various entities during the transfer of information in global computer networks. There is a need to develop an adequate national legislation with all modern requirements, moreover in existing laws on the legal regulation of the Internet space in Kazakhstan prescribed severe penalties, and they haven’t an alternative solutions. This issue causes criticism of both among professional journalists and among the public.At present, the domestic information legislation of Kazakhstan and other countries are very extensive. However, it is still far from perfect and requires working out and adoption of new acts.
17
Bastos, Camila Sanson Pereira. "The European Audiovisual Communication Directive and the Actual Regulation of the Obligation of Early Financing of European Works for the Video on Demand Segment." Law, State and Telecommunications Review 11, no. 2 (September 2, 2019): 21–52. http://dx.doi.org/10.26512/lstr.v11i2.27017.
Full textAbstract:
Purpose – Demonstrate how the European Union regulates the obligation of early financing of European works for the segment of video on demand as well as the regulation in each of the 28 Member States of the European Union.
Methodology/approach/design – Present the historical evolution for the comprehension of what were the reasons for this non-harmonization and analyse the legislation of each member of the European Union to demonstrate that contradiction.
Findings – A Directive is a legal instrument of the European Union to standardize legislation. However, regarding the imposition of the obligation of early financing of European works for the segment of video on demand, there is no standardization of national legislations.
Value – Establish the European model for the regulation of the advance financing of European works for the video on demand segment to know if it can be a model for States which hasn’t regulated yet this segment (such as Brazil).
18
Qi, Man, Yongquan Wang, and Rongsheng Xu. "Fighting cybercrime: legislation in China." International Journal of Electronic Security and Digital Forensics 2, no. 2 (2009): 219. http://dx.doi.org/10.1504/ijesdf.2009.024905.
Full text
19
Glazkova, L. V. "Extremist Crimes Committed Using the Sphere of Telecommunications and Computer Information." Actual Problems of Russian Law 16, no. 12 (November 22, 2021): 167–76. http://dx.doi.org/10.17803/1994-1471.2021.133.12.167-176.
Full textAbstract:
To successfully counter extremist and terrorist crime in the virtual space, it is important to implement measures for improving legislation (clarification of extremism features, the introduction of a list of extremist crimes into the law, etc.), as well as measures to improve the training of law enforcement officials, wider involvement of specialists and experts in the investigation of cases, establishing cooperation with providers in order to timely identify extremist and terrorist crimes, a deeper study of the personality of criminals who specialize in committing extremist crimes using the field of telecommunications and computer information. The use of telecommunications and computer information in the commission of extremist crimes indicates a high intellectual level of the criminal, which helps him not only to commit high-tech crimes, but also to hinder the investigation of his actions using the same knowledge and experience. In this regard, the social danger of both the criminal and the offence committed by him increases, which should be taken into account when solving and investigating crimes. In addition, the professionalism of criminals makes increased demands on law enforcement officers investigating crimes of this type, which means that it is necessary to constantly improve their training in the field of computer information and telecommunication technologies. The paper discusses some issues of classification of extremism using computer and telecommunication networks, gives a definition of extremism, and suggests ways to solve problems in the qualification and organization of the investigation of the crimes in question.
20
Gatot Efrianto and Nia Tresnawaty. "The Use of Social Media Among Indigenous Communities In Improving The Economy Towards The Progress of The Modern Era Based on The Republic of Indonesia Law No. 19 of 2016 Concerning Amendments To Law No. 11 of 2008 Concerning Electronic Information And Transactions." KRTHA BHAYANGKARA 18, no. 1 (April 30, 2024): 241–54. http://dx.doi.org/10.31599/krtha.v18i1.1365.
Full textAbstract:
Social media, also known as social networks, is part of new media. It's clear that the interactive content in new media is very high. Social media, quoted from Wikipedia, is defined as an online media, where users can easily participate, share, and create content including blogs, social networks, wikis, forums, and virtual worlds. Blogs, social networks, and wikis are the most common forms of social media used by people around the world. Social media has a significant influence on societal changes regarding their personalities. The purpose of this research is to determine the implementation of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, the application of sanctions for social media users who harm others. This research study is normative juridical in nature as the main approach, considering that the discussion is based on legislation and legal principles applicable to issues of information technology crimes. The juridical approach is intended to conduct an assessment of the legal field, especially criminal law. Most social media users who intend to harm others in their use of social media will be ensnared by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law), whether intentional or unintentional. The law should provide protection to internet users by thinking positively, having good intentions, and taking decisive action against cybercrime perpetrators. However, the legal system has not yet addressed all computer crimes through the Internet. The ITE Law is expected to provide guidelines in restricting the use of social media for the public.Top of Form
21
Sevryugin, V. E. "Administrative Procedural Law in Russia: Status, Problems and Prospects." Siberian Law Review 19, no. 1 (April 25, 2022): 109–23. http://dx.doi.org/10.19073/2658-7602-2022-19-1-109-123.
Full textAbstract:
Based on the analysis of legal acts, with the involvement of the works of Russian and foreign scientists, the results of modern research, this article describes the current state of the branch of administrative procedural law in Russia. On the basis of the doctrinal provisions of Russian and foreign administrative and administrative procedural legislation, the concept, content, structure and system of building the administrative process and administrative procedural law in Russia are studied. The purpose of the study is to formulate generalized recommendations for the legislator to eliminate existing gaps in legal regulation, to determine the directions and trends in the construction and development of the sectoral concept of the theory of administrative process and administrative procedural law, to develop proposals for improving the mechanism of legal regulation. In achieving the goal of the study, the Author relied on modern methods of cognition, identified and developed by legal science and tested by practice. The general methodological basis was the method of materialistic dialectics and conceptual analysis of legal reality, allowing to consider and reveal the problems of categorical understanding of the administrative process and administrative procedural law in a complex, inseparable unity with other legal phenomena and categories. In the course of the study, private scientific and special methods of cognition were used: formal-logical, analogies and generalizations (when presenting the entire research material and drawing conclusions); methods of systematic and comparative legal analysis (when studying normative legal acts and other sources); historical and statistical methods (in the process of retrospective study of legal acts, special literature on the issues under study); content analysis (in the process of sampling and analysis of certain provisions of legislative and other regulatory legal acts, statistical data, monographs, scientific publications). Using the method of legal modeling, proposals were formulated and substantiated for the modern interpretation of administrative procedural law in the mechanism of legal regulation, its role and place in the structure of Russian law. Within the framework of this study, appropriate legal tools are proposed for resolving the most important tasks today in the field of administrative procedural legal relations. For this reason, the core of the modern doctrine of administrative procedural law, in our opinion, can be the concept of the administrative process as a complex normative formation, strictly regulated by the legislation of the established procedure for the activities of its participants in resolving judicial administrative cases and cases of administrative offenses regulated by the norms of administrative procedural law. the rights. It is summarized that in a modern civilized civil society it is impossible only by the presence of norms and branches of substantive law to judge the development and democracy of the legal system of the state. Procedural norms play an important and increasingly significant role in ensuring the rule of law, protecting the rights, freedoms and legitimate interests of citizens and organizations from unlawful encroachments. Without fundamental scientific research on the legal process and the theory of procedural law in general and administrative procedural law in particular, it is impossible to assess the real state of the mechanism of legal regulation. And, consequently, the real state of law in the country and the degree of real protection of the rights, freedoms and legitimate interests of its citizens, organizations and businesses from unlawful interference in their legitimate activities by bodies and officials of the official administration.
22
Ziyan, Chen, and Liu Shiguo. "China's self-driving car legislation study." Computer Law & Security Review 41 (July 2021): 105555. http://dx.doi.org/10.1016/j.clsr.2021.105555.
Full text
23
Yilma, Kinfe Micheal. "Ethiopia's new cybercrime legislation: Some reflections." Computer Law & Security Review 33, no. 2 (April 2017): 250–55. http://dx.doi.org/10.1016/j.clsr.2016.11.016.
Full text
24
В.А., Родивилина,, and Коломинов, В.В. "THEFT IN INFORMATION AND TELECOMMUNICATION NETWORKS." Digest of research works "Criminalistics: yesterday, today, tomorrow", no. 4(24) (December 27, 2022): 143–51. http://dx.doi.org/10.55001/2587-9820.2022.36.21.018.
Full textAbstract:
Предмет исследования составили положения науки криминалистики о киберпреступности, нормы уголовного законодательства о преступлениях в сфере компьютерной информации и мошенничестве, совершаемом с использованием информационно-телекоммуникационных сетей, в том числе сети Интернет, а также положения нормативных правовых актов в области информационной безопасности и информационных технологий. В результате исследования выявлены основные способы кибермошенничества в следующих сферах: проведение конкурсов в социальных сетях, Интернет-торговля, благотворительность, трудовые правоотношения. The subject of the study was the provisions of the science of criminalistics on cybercrime, the norms of criminal legislation on crimes in the field of computer information and fraud committed using information and telecommunications networks, including the Internet, as well as the provisions of regulatory legal acts in the field of information security and information technology. The article discusses current and future forms of cybercrime. To do this, a definition of the term is first given to then illustrate individual phenomena in this area of crime. This is followed by an overview of the spread of cybercrime. The research material was domestic regulatory legal acts, as well as statistics on the activities of law enforcement agencies and research by scientists on this topic. As a result of the study, the main methods of cyber fraud were identified in the following areas: holding contests on social networks, Internet trade, charity, labor legal relations.
25
Yusupov, Mohammad-Bastani. "The Responsibility of the Supplier (Contractor) Within the Framework of Contractual Legal Relations: The Legal Regulation and Judicial Practice." Legal Concept, no. 4 (December 2022): 141–50. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.20.
Full textAbstract:
Introduction: the contract system in the field of procurement is subject to numerous statutory regulations and, as a result, permanent amendments to the legislation in this area. The implementation by state customers of their functions on behalf of the Russian Federation or a subject of the Russian Federation indicates the social significance and importance of the final result of the purchase. At the same time, the proper performance of contractual obligations can be ensured by establishing appropriate civil protection mechanisms. Despite the legislative regulation of the norms on the responsibility of the supplier (contractor) within the framework of contractual legal relations, there are often different approaches in judicial practice, which makes it necessary to develop proposals and recommendations in order to optimize and improve the effectiveness of the law enforcement process in this area. Purpose: the analysis of the norms of law and current judicial practice, including the Supreme Court of the Russian Federation, on the responsibility of the supplier (contractor) in the field of public procurement; the identification of law enforcement problems; the development of proposals and recommendations in order to improve the effectiveness of the law enforcement process. Methods: the general scientific methods (analysis, synthesis, induction and deduction), as well as the comparative legal method act as the methodological framework for the study. Results: a doctrinal analysis of the concept of civil liability is carried out. It is established that, unlike the norms of the civil legislation, the payment of a penalty within the framework of the legislation on the contract system in the field of procurement does not attribute to the methods of ensuring the fulfillment of obligations (contract). The existence of opposite approaches in judicial practice when deciding on the collection of penalties is revealed. The problems of law enforcement in the case of accrual of penalty fees for late fulfillment of obligations are identified. The recommendations and suggestions are given for the correct application of the norms on the responsibility of the supplier (contractor) in the field of public procurement. Conclusions: it is concluded that it is necessary to publish explanatory information on the correct application of legal norms on the official websites of the authorized bodies in the information and telecommunications network “Internet” simultaneously with the regulatory legal acts making appropriate changes. The expediency of normative consolidation of the concept of “obligation that has no value terms” is indicated. The necessity of updating by the Supreme Court of the Russian Federation the Review of judicial practice of the application of the RF legislation on the contract system in the field of procurement of goods, works, and services for state and municipal needs is substantiated.
26
Bashurov, V. B. "Lump-Sum Payment for Purchasing Residential Premises as an Additional State Guarantee for State Civil Servants of the Russian Federation: Exercise of Right." Siberian Law Review 21, no. 1 (September 27, 2023): 6–21. http://dx.doi.org/10.19073/2658-7602-2024-21-1-6-21.
Full textAbstract:
The subject of the study is the norms of the legislation of the Russian Federation on the state civil service of the Russian Federation. These norms provide additional guarantees for state civil servants of the Russian Federation for lump-sum subsidy aimed at acquiring accommodation. The purpose of the study is to consider the legal significance of a lump-sum subsidy for buying accommodation, to identify the conditions for the right to this subsidy, to determine whether it is mandatory or optional for the constituent entities of the Russian Federation to exercise their powers to provide employees of the subject of the Russian Federation with a lump-sum subsidy for the accommodation, to propose amendments to the legislation. The methodology of the study are such scientific methods as formal legal, structural functional approaches, comparison, research and analysis of studies and regulations. The study uses scientific research in the field of social security law and economic sciences. As a result of the study, the paper substantiates that a lump-sum subsidy for accommodation is provided in order to ensure the social security of civil servants of the Russian Federation. The right to this payment should be assigned only to those civil servants of the Russian Federation who need it and who, without the state support, are not able to change their financial situation and acquire accommodation. The paper proves the need for codifying the conditions for the right to this lump-sum subsidy. Using the analysis of federal and regional legislation that defines the powers of public law entities in the sphere under consideration, the paper proves the obligatory adoption of legal acts aimed at exercising the right of a civil servant of the Russian Federation to a lump-sum subsidy for the accommodation, regardless of the finances of the relevant budget. In order to have a unified legal regulation of the relations under consideration, the study substantiates the need to combine basic and additional state guarantees for civil servants of the Russian Federation, and presents specific proposals for changing federal legislation.
27
Harland, Joanne. "Japan's new privacy legislation: are you ready?" Computer Law & Security Review 20, no. 3 (May 2004): 200–203. http://dx.doi.org/10.1016/s0267-3649(04)00037-8.
Full text
28
Ter, Kah Leng. "Singapore's Personal Data Protection legislation: Business perspectives." Computer Law & Security Review 29, no. 3 (June 2013): 264–73. http://dx.doi.org/10.1016/j.clsr.2013.03.007.
Full text
29
Lukichev, B. A., and S. G. Alexeev. "The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia." Siberian Law Review 19, no. 1 (April 25, 2022): 68–90. http://dx.doi.org/10.19073/2658-7602-2022-19-1-68-90.
Full textAbstract:
The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made.
30
Karazhelyaskov, B. A., and M. F. ogly Yunusov. "Anti-corruption criminal law policy through the prism of modern criminal legislation and proposals for its improvement." Аграрное и земельное право, no. 6 (2022): 101–2. http://dx.doi.org/10.47643/1815-1329_2022_6_101.
Full text
31
Kozhevnikov, O. A., and O. I. Beketov. "Some Aspects of the Regulatory Environment of Local Self-Government in Federal Cities." Siberian Law Review 20, no. 4 (November 20, 2023): 344–54. http://dx.doi.org/10.19073/2658-7602-2023-20-4-344-354.
Full textAbstract:
The issues of legal regulation of the organization and functioning of all government bodi es have always been the subject of numerous studies, discussions and even disputes. The rapid new reorganization of the legal foundations of the unified system of public power that started in 2020, having passed the federal and regional level of state power, "stumbled" at the level of local self-government. The draft federal law No. 40361-8 "On General Principles of Organization of Local Self-Government in the Unified System of Public Power", which was submitted to the State Duma of the Russian Fe deration on 16 December 2021, has so far remained at the level of "proposals and comments for the second reading". This allows us to focus on the analysis of problematic issues of the current situation with the legislative basis of local self-government in Russia in order to avoid and take into account in the future existing errors and shortcomings, as well as to improve the current system of legal regulation of local self-government as soon as possible. The Authors of this study attempt to analyze and draw the attention of other researchers, representatives of federal and regional legislative authorities to the existing obvious problems in the legislative regulation of local self-government in federal cities. Specific examples of the texts of the laws of Moscow, St. Petersburg and Sevastopol, allow us to draw disappointing conclusions about the significant abuse by the legislators of these constituent entities of the Russian Federation of their rights to regulate certain issues of organization and functioning of local self-government in the territory of federal cities. Evidently, the existing conflicts should be eliminated as soon as possible and taken into account by the federal legislator in the formation of future legislative framework for determining the specifics of local self-government in federal cities. The current situation seriously affects the principle of direct and immediate effect of the Constitution of the Russian Federation, as well as the priority of federal legislation over regional legislation on issues of joint jurisdiction of the Russian Federation and its constituent entities.
32
Panggabean, Sriayu Aritha, and Amaludin Sikumbang. "Undang-Undang Cipta Kerja Dan Dampaknya Terhadap Ekonomi Mikro." jesya 6, no. 2 (June 4, 2023): 2289–300. http://dx.doi.org/10.36778/jesya.v6i2.1242.
Full textAbstract:
Based on the rules and unhealthy relationships due to legislation written in the labor law in force in Indonesia, it underlies the government to create a new law which eventually creates the omnibus law with the aim of reducing the unemployment rate in Indonesia. Indonesia has the concept of a state based on law (rechtsstaat) which includes issues from human rights to clear law and of course based on law. Building the economy is a very important thing to build to achieve people's welfare. The results of this study are: the new law that was created, namely the omnibus law, in the process of implementing it, many conflicts occurred. This problem is seen from the problems that arise simultaneously. The omnibus law has also been implemented in several regions and legal regulations in Indonesia. all laws that have been made, must have an impact with legal certainty with the subject and object of the rule. With the creation of this new law, many positive changes have been seen in the economy where it is easy for business actors to obtain business licenses, mapping the risk level of business licenses, how to arrange business licenses, NIB as a requirement in the halal certificate process, establishment of PT Individuals, access to banking, assistance and legal protection, as well as financial training which was not found in the previous law
33
Rashid, Walaa Ahmed. "Constitutional Protection of Rights and Public Freedom in Light of Iraqi Constitution of 2005." Journal of AlMaarif University College 33, no. 4 (December 7, 2022): 211–35. http://dx.doi.org/10.51345/.v33i4.543.g309.
Full textAbstract:
Civil society organizations are one of the institutions that support democratic systems and they are the non-governmental organizations, since governmental organizations are naturally biased to governments. Civil society organizations work to promote public freedoms through their activities stipulated in both the Iraqi Constitution of the year 2005 and the Egyptian Constitution of the year 2014, where each of them were granted freedom to form association and syndicates. As well as the national legislation, which regulates the work of those organizations, to achieve the objectives for which they were established in promoting and supporting human rights and fundamental freedoms.The Egyptian draft Law No. 70 of 2017, as well as the Iraqi NGO Law of 2010, provided a model for enabling the work of these organizations, and organizing their legitimate activities, and prohibiting their activities that “harm national security, public order, public morality, public health, or territorial integrity.” However, it is preferred to expand the circle of the establishment of civil society organizations and to remove the obstacles towards their development, and then the Egyptian and Iraqi legislators should take the necessary legislative steps to achieve this purpose. Whereas, the civil society is the nucleus of true democracy, which allows the opposition to discuss and take Anti attitudes against the performance of the work of the government.
34
Tian (George), YiJun. "Business implications of anti-circumvention legislation and recommendations." Computer Law & Security Review 20, no. 6 (November 2004): 445–52. http://dx.doi.org/10.1016/s0267-3649(04)00089-5.
Full text
35
Borking, John. "Software copyright part II: The new German legislation." Computer Law & Security Review 2, no. 2 (July 1986): 6. http://dx.doi.org/10.1016/0267-3649(86)90060-9.
Full text
36
Karabekov, Kanatbek O. "The Concept of Cybercrime in the Russian Federation and the Republic of Kazakhstan." Proceedings of the Southwest State University. Series: History and Law 12, no. 5 (2022): 94–102. http://dx.doi.org/10.21869/2223-1501-2022-12-5-94-102.
Full textAbstract:
Relevance. The article is devoted to one of the current topical issues - the concept of cybercrime in the Russian Federation and the Republic of Kazakhstan. The concept of cybercrime is widely used in criminology and practical activities of the police of the two countries. However, an accurate and complete understanding of cybercrime, as well as its legislative consolidation, remains open to this day. The essence of this problem lies in the fact that the effectiveness of law enforcement agencies in preventing such crimes depends on the correct understanding of cybercrime. Currently, during the rapid development of information technology, the number of crimes committed in cyberspace is growing in proportion to the number of users of computer networks. The purpose is to give an accurate and complete definition of the concept of cybercrime in the Russian Federation and the Republic of Kazakhstan. Objectives: based on the available definitions in the legal literature, to identify the main signs of cybercrime and to systematize the concept of "cybercrime". Methodology. In the process of working on the study, methods of theoretical research (analysis and synthesis, induction and deduction, mental modeling), a comparative legal approach were used. Results. The study suggests an understanding of cybercrime as a historically volatile, latent, social and criminal-legal negative phenomenon, which is a system of crimes committed virtually in the information space using information and communication technologies. Conclusions. The study concluded that the analysis of doctrinal approaches does not show a consensus among scientists in the definition of cybercrime. This is due to different interpretations of cyberspace and ways of using computer systems when committing illegal actions. Despite the differences, scientists raise the question of the relationship between international legislation and Russian legislation, regarding the list of illegal actions that are attributed to crimes committed in the cybersphere. In our opinion, the concept of "cybercrime" can be applied to crimes that are committed using any means of in-formation and communication technologies. Cybercrime is a broader concept than "Internet crime", as it includes the possibility of committing crimes using any information or telecommunications networks.
37
Jiménez, David López. "WEBSITE PROMOTION AND PROTECTION OF INTELLECTUAL PROPERTY." Law, State and Telecommunications Review 11, no. 2 (September 2, 2019): 1–20. http://dx.doi.org/10.26512/lstr.v11i2.27016.
Full textAbstract:
Purpose – The aim of this article is to analyse actions to promote websites that can violate intellectual property rights, in other words, copyright and the rights of online commercial brands.
Methodology/approach/design – An analysis of Spanish legislation on intellectual property rights.
Findings – Service providers that advertise on Internet deploy increasingly aggressive advertising formats which, on occasions, violate intellectual property rights. Spanish law on brands and unfair competition provides effective tools to sanction the various types of infraction that occur on Internet. This legislation could also be supported by industry self-regulation.
Practical implications – The analysis in this article can be of considerable use to all actors who operate in this setting (society, and the public and private sectors).
Originality/value – This article analyses the infractions that occur in advertising in relation to meta-labels and online links.
38
Kaplunov, A. I. "Modern Approaches to Understanding the Administrative Process as a Result and the Basis for the Development of Domestic Administrative Procedural Legislation." Siberian Law Review 18, no. 3 (October 21, 2021): 261–76. http://dx.doi.org/10.19073/2658-7602-2021-18-3-261-276.
Full textAbstract:
The article provides an overview and analysis of modern approaches to understanding the administrative process as a sectoral type of legal process that have developed in domestic theory, taking into account the changes that have occurred in the procedural legislation of the Russian Federation over the past three decades after the collapse of the USSR in 1991. The process is classified as follows: complex on a jurisdictional basis; integrative; complex on the basis of managerial, judicial. Particular attention is paid to the critical analysis of the judicial approach to understanding the administrative process, the reasons for the disagreements of its supporters, firstly, with representatives of the science of civil procedural law regarding the determination of the procedural nature of administrative proceedings, and, secondly, with specialists in administrative law regarding the denial of the presence of administrative-procedural forms of activity of subjects of public administration and attempts thereby to disavow the domestic doctrine of the administrative process. The methodology for studying the nature of procedural activity is based on the analysis of the sectoral subject of legal regulation and three types of a unified method of substantive regulation (civil, administrative and criminal), the implementation channels of which are varieties of legal process in the form of civil, administrative and criminal process which are based on an adversarial or investigative type of jurisdictional process, or a law-granting type of legal process. This methodological approach made it possible: 1) to establish the sectoral procedural nature of administrative proceedings, which is determined not by the subject of a “dispute about law”, but by the method of legal regulation, represented by the civil law type of regulation of public relations, the implementation channel of which is an adversarial type of jurisdictional legal process, which is its nature as a civil process; 2) to identify the shortcomings of the model of administrative proceedings enshrined in Russian legislation, the essence of which is that an adversarial type of jurisdictional process intended for judicial protection of a person who has suffered from the actions of an official and, acting as a plaintiff in the case, is applied to persons who have violated the established prohibitions and restrictions, or committed administrative offenses and acting in the case as a defendant; 3) to substantiate the presence in the structure of the administrative process of procedural forms of activity of subjects of public administration as a channel for the implementation of the administrative-legal type of regulation of public relations and determine the list of administrative proceedings.
39
Matytsin, Denis. "Retail Investment Financing Via Remote Digital Computer Algorithm." Legal Concept, no. 2 (July 2021): 150–58. http://dx.doi.org/10.15688/lc.jvolsu.2021.2.20.
Full textAbstract:
Introduction: in the paper, the author examines the activities of the Russian legislators on the formation of the legal regulation of the investment segment of the economy in order to identify their mistakes and shortcomings, as well as to justify the recommendations for fixing viable legal structures in the legislation. Such legitimate structures could be used by a wide range of individual investors-individuals – as part of their decision to diversify monetary investments in order to increase household savings for a period of 1 year or more. Methodology: the digital computer algorithms of inter-network interaction for placement and attraction of investments, their speed and independence from distance are perceived by entrepreneurs with great hope for success and attract more and more attention from investors. According to the author of the paper, by 2024, the financial digital technologies can replace up to 38% of traditional banking and payment transactions, up to 32% of insurance transactions, transactions for financing foreign trade transactions, and transactions for asset management. Based on the materialist worldview, the universal method of historical materialism, the author used the general scientific and specific scientific methods for the study, which made it possible to implement a systematic approach to the subject of research. The general scientific methods of cognition are applied: the dialectical, hypothetical-deductive methods, generalization, induction and deduction, analysis and synthesis, empirical description. The research also uses the specific scientific methods: dogmatic, comparative-legal, hermeneutic, structural-functional, etc. The scientific development of the material is carried out on the basis of a set of normative and doctrinal sources. The paper uses the federal laws and other normative acts of the Russian Federation. Federal Law No. 259-FZ of August 2, 2019 “On Attracting Investments Using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation”, Draft Federal Law No. 419090-7 “On Alternative Methods of Attracting Investments (Crowdfunding)”, and certain provisions of the Civil Code of the Russian Federation were studied. Draft Law No. 419059-7 “On Digital Financial Assets” of March 20, 2018, and Federal Law No. 34-FZ of March 18, 2019 “On Amendments to Parts One, Two, and Article 1124 of Part Three of the Civil Code of the Russian Federation” were critically analyzed. The doctrinal sources are represented by the scientific publications of the Russian legal scholars and economists, including: A.O. Inshakova, A.E. Kalinina, A.I. Goncharov, M.V. Goncharova, O.P. Kazachenok, E.E. Frolova, etc. Results: the Internet investing provides an opportunity to obtain funding for the implementation of a publicly announced project relatively quickly and without bureaucratization. The absence of the geographical and distance restrictions is a special advantage of investing on the Internet platforms, compared to other tools for raising capital from a wide range of investors, including individuals. This remote Internet algorithm for retail investment financing allows you to attract capital at a price that corresponds to the profitability of projects and, as a rule, is lower than the average bank interest rate for a loan. Conclusions: the conclusions and assessments on the content of the new Russian legislation are formulated. Based on the critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of a special algorithm for remote investments from a wide range of subjects, as well as the tools for remote interaction of investors and investment organizers in the Internet space of modern Russia.
40
Ziyi, Xu. "International Law Protection of Cross-Border Transmission of Personal Information Based on Cloud Computing and Big Data." Mobile Information Systems 2022 (August 18, 2022): 1–9. http://dx.doi.org/10.1155/2022/9672693.
Full textAbstract:
Cross-border data flow brings new growth and opportunities for the development of digital economy, but disordered cross-border data flow may damage national security, public interests, enterprise interests, and data sovereignty. At present, the unified rules for global regulation of cross-border data flow have not yet been formed. The existing rules are mainly led by developed countries like Europe and the United States. There is huge room for improvement in the international legal protection of cross-border transmission of personal information. This paper introduces the privacy protection mechanism of personal information data under the digital trade environment in China, that is, the privacy protection framework under the background of big data, cloud computing, and the cloud service selection method of data life cycle privacy protection. At the same time, we combined with many problems existing in the cross-border transmission of personal privacy information in China and compared with foreign advanced experience, and this paper puts forward China’s response path to clarify the obligations of data controllers and exporters, improve the responsibilities of regulators, improve the legislation of cross-border data flow, and improve the operability of the law; we vigorously carry out international cooperation and actively participate in the formulation of international rules, so as to further protect the rights and interests of personal privacy information protection.
41
Afanasievskaya, A. V. "On the Issue of Civil Liability of Minors." Siberian Law Review 19, no. 3 (September 20, 2022): 245–52. http://dx.doi.org/10.19073/2658-7602-2022-19-3-245-252.
Full textAbstract:
With the development of the state and society, changes in legal relations inevitably occur. The ongoing changes also apply to various categories of the population. Minors, often with unlimited access to the Internet using information technology, are at particular risk. This applies to negative information posted on the network, which often destroys moral principles and causes significant damage to education, even with the proper performance of their duties by parents. The situation is aggravated by the fact that the number of offenses and crimes committed by minors is increasing, which often occurs under the influence of a group or propaganda of Internet users. Both criminal and administrative legislation establish a certain age from which persons can be held liable for one or another type of responsibility. Civil law also limits the age at which a person can be fully liable. Responsibility for children under this age is borne by parents, since it is they who are entrusted with the duty of education. The Author examines the types of civil liability of minors. Law enforcement practice in civil cases involving minors is analyzed. An examination is given of such a new phenomenon as bullying, which has recently been actively covered in legal literature. This is primarily due to the fact that minors, due to mental immaturity, sometimes do not realize their behavior in a team, as a result, causing aggressive persecution of other minors. As a result, people who have been bullied inflict moral and sometimes physical suffering. Since there are no clear instructions in the civil legislation regarding the distribution of responsibility between the child's parents, the Author provides scientific views, as well as the interpretation of the legal relations in question in judicial practice. In conclusion, the results of the study are summarized, conclusions are drawn about the need to bring the norms of civil and family legislation into line and consolidate a unified procedure for recovering damages in case of causing it to minors
42
Bashurov, V. B. "Administrative-Legal Issues of the Movement of Detained Vehicles To a Specialized Parking Lot and Their Storage." Siberian Law Review 18, no. 2 (October 20, 2021): 164–74. http://dx.doi.org/10.19073/2658-7602-2021-18-2-164-174.
Full textAbstract:
The subject of the study is the norms of the legislation of the Russian Federation on administrative offenses, which establish the powers of the subjects of the Russian Federation to determine the procedure for moving detained vehicles to a specialized parking lot and storing them. The object of the study is public relations related to the organization of the activities of service providers for the movement and (or) storage of detained vehicles, as well as the selection of these service providers. Within the framework of the article, the Author presents an analysis of federal and regional legislation in terms of the implementation of powers by public legal entities in this area of relations. The problems of the implementation of federal legislation, as well as the main approaches, similarities and differences of the "advanced" legal regulation of the relations under consideration at the level of the subjects of the Russian Federation are noted. The existing legislative models for involving local self-government bodies in the exercise of the authority to organize specialized parking lots for the storage of detained vehicles are analyzed. In the research paper, the Author presents options for determining the performers of services for the movement and (or) storage of detained vehicles, analyzes the legal grounds for the implementation of each of them, taking into account the existing law enforcement, including judicial practice. For the purpose of unified legal regulation of relations on the movement and (or) storage of detained vehicles, aimed at implementing measures to ensure the proceedings in the case of an administrative offense in the form of detention of a vehicle, the Author formulated proposals for the legislative consolidation of the federal authorities of the authority to determine the procedure for selecting performers of services for the movement and (or) storage of detained vehicles. To ensure equal opportunities for economic entities to carry out activities in the market of services for the movement and (or) storage of detained vehicles, the Author proposed, within the framework of the above procedure, to determine the requirements for the performers of these services, as well as the criteria for their competitive selection. At the same time, the paper substantiates the need for mandatory application of the territorial criterion for the selection of performers of these services for the movement and (or) storage of detained vehicles, taking into account not only the boundaries of the relevant municipality, but also the distance of specialized parking lots from socially significant objects.
43
Potapov, P. N. "The Problem of Ensuring Equality Before the Law at Relief of Liability when Qualifying an Administrative Offense as Insignificant." Siberian Law Review 20, no. 4 (September 20, 2023): 367–80. http://dx.doi.org/10.19073/2658-7602-2023-20-4-367-380.
Full textAbstract:
The present paper considers the problem of ensuring compliance with the principle of equality of all before the law when applying the institute of insignificance to the committed administrative offense. The Author examines the chronology of the appearance of the norm of insignificance in the legislation of Russia. He compares procedural legislation in cases of administrative offenses of the Russian Federation, the Republic of Kazakhstan and the Republic of Belarus in the context of the institute of insignificance. Study of Article 2.9 of the Code of the Russian Federation on Administrative Offenses, judicial acts of the courts of the first and subsequent instances, the analysis of scientific works devoted to the problem of the application of the institute of insignificance allow studying the problem of the application of the institute of insignificance to all material norms establishing administrative responsibility under Article 2.9 of the Code of the Russian Federation on Administrative Offenses. In the aspect of the principle of equality of all people and citizens before the law, questions are raised about the validity of assigning the status of “exceptional” to the norm under study. Comparison of the practice of application of Article 2.9 of the Code of the Russian Federation on Administrative Offences by courts of general jurisdiction and arbitration courts clearly demonstrates the application of the institute of insignificance in the judicial process. The problem of the application of Article 2.9 of the Code of Administrative Offences of the Russian Federation by authorized executive authorities in the administrative process is also considered in this paper. Arguments against the existence of a discretionary power in the institute of insignificance are given. The constitutional norms violated by the presence of discretionary authority in the institute of insignificance are called. The constitutional rights of delinquents violated due to the existence of discretionary powers in the institute of insignificance are named. The Author discusses the possibility of changing the existing legislation in order to ensure compliance with the balance of interests of delinquents and other participants in the case of an administrative offense to increase the effectiveness of public prosecution and the preventive value of administrative responsibility. The Author proposes to state Article 2.9 of the Code of Administrative Offences of the Russian Federation in the wording that ensures the right of all delinquents to equality before the law and the court in order to ensure their constitutional rights, including to maintain the balance of interests of delinquents and other participants in the case of an administrative offense to increase the effectiveness of public prosecution and the preventive value of administrative responsibility.
44
Saxby, Stephen. "Biggest reform of sexual offences legislation in a generation." Computer Law & Security Review 19, no. 2 (March 2003): 91. http://dx.doi.org/10.1016/s0267-3649(03)00202-4.
Full text
45
Shpizner, Esq., Michael J. "Congress passes new legislation protecting licensees of intellectual property." Computer Law & Security Review 4, no. 5 (January 1989): 27–28. http://dx.doi.org/10.1016/0267-3649(89)90144-1.
Full text
46
Smolin, A. V. "Development of the Institute of Criminal Procedural Evidence." Siberian Law Review 21, no. 1 (September 20, 2023): 93–106. http://dx.doi.org/10.19073/2658-7602-2024-21-1-93-106.
Full textAbstract:
The fulfillment of the key function of criminal proceedings – the resolution of the case on the merits – is impossible without criminal procedural knowledge of all the circumstances of the crime committed. The foundation of this activity is criminal procedure and evidence, which is a very complex, multi-level system. The foundation of such a system is evidence. At present, there are serious contradictions in how the sources of evidentiary information, evidence of practice, and proof are interrelated. Collection, verification, evaluation and presentation of evidence, both in theory and in practice, often give rise to non-legal, unfair and unjustified criminal procedural decisions in pre-trial proceedings and in court. Despite the plethora if views on the theory of evidence, the lack of consistency in investigative and judicial practice with regard to the evidence suggests that at present there are a large number of unresolved problems in this field as well as on the legislative level. In this regard, it seems necessary to conduct a study on the historical and legal aspects of the institute of evidence and proof in domestic legislation in order to identify the prerequisites of its origin and patterns of development. The conducted research has theoretical and practical significance. First, it contributes to the development of the topic under discussion. Second, the identified regularities allow us to use them to develop recommendations on improving the current criminal procedural legislation. The author concludes that with lapse of time, the concept of evidence has changed: from a means of substantiating guilt in “evidence-argument” terms to an element of the system of evidence including source, content and procedural form. In addition, the criteria for analyzing the development of evidence law have been formulated.
47
Blagić, Dragan, and Zdravko Grujić. "Criminal Law protection of sexual integrity of a child." Bezbednost, Beograd 65, no. 3 (2023): 83–106. http://dx.doi.org/10.5937/bezbednost2303083b.
Full textAbstract:
Criminal law protection of a child from sexual violence is very complex in nature and is achieved by prescribing crimes against sexual freedom. In the Serbian criminal legislation, in most criminal offenses, protection is provided for their qualified, i.e. more serious, form. Violation of the sexual integrity of a child in the form of sexual exploitation and abuse is one of the most serious, inhumane, crimes. Systematic study of the phenomenon of endangering the sexual freedom and integrity of child undoubtedly represents a supranational problem and overcomes the mutual social, cultural, religious and other differences of individual states. Criminal law protection is achieved by prescribing certain behaviors as criminal acts, i.e. by stipulating when certain human behaviors can be considered punishable and under what conditions, as well as by prescribing penalties for such acts. It is the most vulnerable category (child) that is placed in a special position according to which sexual freedoms and integrity are most seriously violated and endangered, which inevitably requires initiation of criminal proceedings in order to protect them. On the one hand, in the modern criminal legislation, the legal incrimination is expanding in most criminal acts when it comes to children, because, on the other hand, the number of criminal acts committed to the detriment of children is increasing. In support of this is the fact that the adopted Law on Amendments to the Criminal Code from 2009, in the chapter against sexual freedom, criminalized two new crimes: inducing a child to attend sexual acts (Article 185a) and abuse of computer networks and other technical means of communication for committing crimes against sexual freedom against a minor (Article 185b). The original text of the Criminal Code also contains incriminations of Rape ((Article 178), Sexual Intercourse through Abuse of Position (Article 179), Sexual Intercourse with a Child (Article 180), Showing, Procuring and Possessing Pornographic Material and Minor Person Pornography (Article 185) which provide protection of the child's sexual integrity. The paper analyzes criminal acts that provide basic and additional protection of the child's sexual integrity, but also examines the compliance of new normative solutions with relevant international legal documents in this area, primarily with the Council of Europe Convention on the Protection of Children from Sexual Abuse and Sexual Exploitation.
48
Stakhov, A. I. "The Integrative Theory of the Administrative Process is the Only True Basis for Building a Model of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 313–27. http://dx.doi.org/10.19073/2658-7602-2021-18-3-313-327.
Full textAbstract:
The article highlights and criticizes two mutually exclusive approaches to understanding the administrative process that currently exist in Russia, which emasculate its complex content, predetermined by the Constitution of the Russian Federation. From the system analysis of art. 10, 18, 72, 118, 126, 132 of the Constitution of the Russian Federation the administrative procedure legislation of the Russian Federation is distinguished, which is considered as a single legal basis for the administrative proceedings carried out by the courts (including: the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts), and the administrative process carried out by the public administration (including: federal executive authorities, executive authorities of the subjects of the Russian Federation and local self-government bodies performing administrative and public functions, as well as organizations, which, by virtue of federal law, have the status of a state or other body for the purpose of performing certain administrative and public functions). With this approach, two components are distinguished in the structure of the administrative procedural legislation of the Russian Federation: 1) administrative-procedural legislation that forms the legal basis of judicial administrative proceedings; 2) administrative-procedural legislation that forms the legal basis of executive (non-judicial) judicial administrative proceedings. Developing the information-psychological approach developed in the theory of law, in relation to the scientific knowledge of the administrative process, administrative-indicating legal norms are distinguished, the analysis of which allows us to reveal the content, form and structure of the judicial administrative process, as well as the executive (non-judicial) administrative process and to establish an integrative relationship between them. Using such a scientific technique, the following is distinguished: 1) a group of administrative-indexing norms that establish discretionary (descriptive) information about judicial administrative cases; 2) a group of administrative-indexing norms that establish discretionary (descriptive) information about non-judicial administrative cases. By means of a differentiated analysis of the selected legal norms, it is argued: judicial and extrajudicial administrative cases are separated, differentiated concepts of administrative proceedings and administrative proceedings are introduced, the structure of judicial and executive (extra-judicial) administrative proceedings is revealed. Based on the developed scientific positions, the key proposals for the systematization of the judicial administrative process and the executive (non-judicial) administrative process in Russia are put forward. Summarizing the above, it is concluded that the presented integrative approach to understanding the administrative process and the proposals put forward on its basis for differentiated systematization of judicial and executive (extrajudicial) administrative process are the only true way to develop the Russian model of administrative process.
49
Nguyen, Dr Chat Le, and Dr Wilfred Golman. "Diffusion of the Budapest Convention on cybercrime and the development of cybercrime legislation in Pacific Island countries: ‘Law on the books’ vs ‘law in action’." Computer Law & Security Review 40 (April 2021): 105521. http://dx.doi.org/10.1016/j.clsr.2020.105521.
Full text
50
Okechukwu Ukwueze, Festus, and Justin Ibegbulem. "DECONSTRUCTING NIGERIA’S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE." Law, State and Telecommunications Review 13, no. 1 (May 26, 2021): 94–118. http://dx.doi.org/10.26512/lstr.v13i1.31850.
Full textAbstract:
Purpose – The purpose of this paper is to make a case for the recognition of privacy and personal data protection as species of consumer rights in Nigeria in line with the revised United Nations Guidelines for Consumer Protection (UNGCP) by amending existing laws or enacting a new law to provide for personal data protection regime for consumers. Methodology/Approach/Design – The study follows a structured review of relevant extant legislation on consumer protection and personal data protection, namely the Federal Competition and Consumer Protection Act 2018 (FCCPA) and the Nigeria Data Protection Regulation 2019 (NDPR). Findings – The paper identifies that the provisions of Nigeria’s foremost consumer protection legislation, FCCPA, does cover electronic commerce (e-commerce) or consumer privacy and personal data protection while the NDPR, subsidiary legislation on personal data protection, which is yet to be effectively implemented is too general as to provide the consumers the much-needed privacy protection in their dealings with businesses. Practical Implications–Given the importance Recognition of data privacy and personal data protection as a species of consumer rights helps in understanding consumer protection in online transactions and opens opportunities for future research on consumer privacy and data protection. Originality/Value – Given the importance attached to the protection of consumer privacy and the various ramifications of transactions involving exposure of consumers’ personal data, recognition of privacy consumers’ rights to privacy is vital in consolidating knowledge of consumer rights and identifying paths for future research.