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1
Nievienhlovskyi, Adrian. "Artificial intelligence from the perspective of polish intellectual property law. Selected issues." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 93–102. http://dx.doi.org/10.33731/52022.270901.
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Keywords: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs
In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.
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Armstrong, Timothy. "Symbols, Systems, and Software as Intellectual Property: Time for CONTU, Part II?" Michigan Technology Law Review, no. 24.2 (2018): 131. http://dx.doi.org/10.36645/mtlr.24.2.symbols.
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The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive copyright protection to functional software components than precedent suggested. The result of these developments has been a new period of uncertainty regarding the existence and scope of intellectual property protection for computer software. The root of the problem lies in Congress’s relative inattention to the question of what legal regime (if any) should govern the creation of computer software. Congress extended copyright protection to software largely without grappling with the consequences of applying a body of law designed to promote creative expression to functional, useful code. Meanwhile, Congress has spoken only obliquely to the question whether software warrants patent protection. The turmoil in the courts reflects a general lack of legislative guidance. This Article asks whether the time is ripe for remedial legislation and suggests some questions that ought to guide congressional inquiry.
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Suslina, Irina, and Valeriya Tarasova. "Law Protection of Computer Programs in the State of Israel." Tirosh. Jewish, Slavic & Oriental Studies 18 (2018): 206–18. http://dx.doi.org/10.31168/2658-3380.2018.18.4.2.
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Nowadays IT sphere all over the world experiences rapid growth. This situation also refers to the State of Israel that is considered to be one of the leaders in IT-startups and IT sphere in all. The development of IT has a great influence on economy of Israel and its economic development. Application software is usually defined as a main unit in information technologies. Therefore, legal protection of software becomes one of the most important issues regarding IT sphere. Intellectual property law in Israel is mostly based on British intellectual property law. International legislation concerning intellectual property also influences Israeli IP law. As in the majority of countries, in Israel software is considered as an object of copyright law and it is protected in compliance with its provisions. Copyright law is regulated by the Copyright Act passed the Knesset in 2007. The term of protection granted by this Act shall be the life of the author and seventy years after his death. In accordance with the main principle of copyright law, software has been protected since the moment the software was created. That means that software in Israel does not subject to registration or any other procedure of its kind. It is also possible to register a logo and a unique name of software as a trademark, and this can become a substantial addition to the law protection.
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Leonov, Borys, and Valerii Serohin. "Issues of Legal and Expert Support of Law Enforcement Activities in the Field of Cybercrime Counteraction." Information Security of the Person, Society and State, no. 27 (2019): 6–15. http://dx.doi.org/10.51369/2707-7276-2019-3-1.
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The article is devoted to the analysis of the problems of legal and expert support of law enforcement activities in the field of cybercrime counteraction. The article deals with the issues of criminal and legal protection of information security in the context of the implementation of inter-national treaties into the field of national legislation. The authors both analyzed legislation in the field of cybersecurity provision; the modern doctrine devoted to its interpretation and made some suggestions for its improvement. Key words: cybersecurity, cybercrime, computer crime, harmful software, special software for secretly obtaining information.
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Belikova, Ksenia Michailovna. "The role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries." Юридические исследования, no. 9 (September 2021): 22–62. http://dx.doi.org/10.25136/2409-7136.2021.9.36508.
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The subject of this research is the role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries. The relevance of the selected topic is substantiated by the fact that modern countries, for example, the founder of computer industry – the United States along with the BRICS member-states, realize the importance and practical significance of cryptography in different spheres (military, civil) and aim to develop the means and systems of information security, establishing legal regulation for various aspect of its application. Such approach needs elaboration on the development and implementation of cryptography from the perspective of supranational and international law. It is determined that the currently used encryption methods are essentially based on the methods that use special mathematical algorithms built in computer software. Such methods are a substantial but surmountable obstacle for acquiring copyright and patent protection. The examined legal orders evolve by encouraging the development of national cryptographic and software systems, and ensuring its protection by patent law under certain conditions and based on a number of principles that are taken into account in national legislation of the BRICS countries. Correlation of the effectiveness of ensuring information security using only patented encryption or with application of additional protection based on the provisions on commercial secret, demonstrated futility of using the latter. From the perspective of international (or supranational) law, cryptographic software is controlled within the framework of international agreements on distribution of technical data, military and dual-purpose products.
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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.
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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.
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Massacci, Fabio, Marco Prest, and Nicola Zannone. "Using a security requirements engineering methodology in practice: The compliance with the Italian data protection legislation." Computer Standards & Interfaces 27, no. 5 (June 2005): 445–55. http://dx.doi.org/10.1016/j.csi.2005.01.003.
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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.
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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.
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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.
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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.
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Dias Canedo, Edna, Angelica Toffano Seidel Calazans, Eloisa Toffano Seidel Masson, Pedro Henrique Teixeira Costa, and Fernanda Lima. "Perceptions of ICT Practitioners Regarding Software Privacy." Entropy 22, no. 4 (April 10, 2020): 429. http://dx.doi.org/10.3390/e22040429.
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During software development activities, it is important for Information and Communication Technology (ICT) practitioners to know and understand practices and guidelines regarding information privacy, as software requirements must comply with data privacy laws and members of development teams should know current legislation related to the protection of personal data. In order to gain a better understanding on how industry ICT practitioners perceive the practical relevance of software privacy and privacy requirements and how these professionals are implementing data privacy concepts, we conducted a survey with ICT practitioners from software development organizations to get an overview of how these professionals are implementing data privacy concepts during software design. We performed a systematic literature review to identify related works with software privacy and privacy requirements and what methodologies and techniques are used to specify them. In addition, we conducted a survey with ICT practitioners from different organizations. Findings revealed that ICT practitioners lack a comprehensive knowledge of software privacy and privacy requirements and the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, LGPD, in Portuguese), nor they are able to work with the laws and guidelines governing data privacy. Organizations are demanded to define an approach to contextualize ICT practitioners with the importance of knowledge of software privacy and privacy requirements, as well as to address them during software development, since LGPD must change the way teams work, as a number of features and controls regarding consent, documentation, and privacy accountability will be required.
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Babaskin, Anatoliy. "Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 297–305. http://dx.doi.org/10.33663/0869-2491-2021-32-297-305.
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Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.
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Kiselev, S. S. "ON THE CHANGE OF FRENCH LANGUAGE POLICIES VECTOR: FROM THE TOUBON LAW TO THE FIORASO LAW." Bulletin of Udmurt University. Series History and Philology 29, no. 3 (June 25, 2019): 418–23. http://dx.doi.org/10.35634/2412-9534-2019-29-3-418-423.
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The article concerns a pertinent problem of the language policies of France and other EU member states - the correlation between the national language and culture and the English language, dominating in the EU, particularly in education. France has been protecting its language for long and has a legislative instrument for this protection since 1994 (the Toubon law on the use of French), but since Nicolas Sarkozy’s presidency the language policies vector has changed under the pressure of the EU supranational institutions. Thus, in 2013 education in English has been allowed in French universities after adopting the Fioraso law in 2013 with some exceptions to the Toubon law in the matter of education. The theoretical points and conclusions are backed up with an analysis of the 1997-2015 Reports to Parliament on the use of the French language published by the General Delegation for the French language and the languages of France using a linguistic analysis software tool, T-Lab.
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Rinjani, Andini Gita, and Ahmed Badaruddin Muhammad Sabri. "Online Shopping Protection in Indonesia: A Social & Legal Discourse." Indonesia Media Law Review 1, no. 1 (January 31, 2022): 23–40. http://dx.doi.org/10.15294/imrev.v1i1.56674.
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In this modern era, Electronic Commerce or business transactions today's generation called it the online shopping loved everybody in terms of its use, because it is very effective and can efficiently time so that one can conduct transactions wherever and whenever. It turns out it is very bersiko. Internet is an open network that can trigger the occurrence of data manipulation factors which would harm the party. Finally, emerging form of software security solutions, which did not give full guarantee to be free from loss, it certainly can reduce public confidence. Based on the relevant legislation, namely Law No. 40 of 20014 any emerging risks and capable of causing the loss can be the object of insurance. This means that all forms of transactions in e-commerce should be insured in order to ensure certainty and security in the transaction. The rules regarding insurance with respect to electronic commerce should be regulated specifically in a chapter in the Law No. 40 of 2014 on insurance, so as to provide clear regulation about insurance sehubungannya with e-commerce. Through normative legal research methods are expected to be able to prove how a clear legal basis to the problem in question, especially in the perspective to businesses as well as the Insurance Act itself.
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Matveev, A., and E. Martyanova. "Patentability of Computer Program Algorithms in the G20 States." BRICS Law Journal 9, no. 3 (September 12, 2022): 144–73. http://dx.doi.org/10.21684/2412-2343-2022-9-3-144-173.
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Ubiquitous computerization and digitalization are contributing to the unprecedented growth of the software market. Computer programs are protected as subject of copyright law in international law and domestic legal systems. However, copyright law does not protect the interests of the copyright holder from borrowing ideas and algorithms which often have agreat commercial value. This circumstance has prompted the legal science and law enforcement practice of the most developed states to justify the possibility of protecting computer programs and their algorithms. The leading states chosen for in this paper are the G20 states. The relevance of this choice is due to the following: 1) The G20 states account for 86% of global GDP; 2) All world leaders in computer software development are G20 members; 3) All BRICS states are G20 members; 4) The law-and-orders of the G20 states are relevant to all existing traditions of the legal protection of intellectual property in the world. The legal systems of the G20 states follow one of three approaches according to the criterion of patentability of computer programs and their algorithms. We call the first approach “neutral.” It includes States which legislation does not explicitly prohibit the patenting of computer programs, but computer programs themselves are not mentioned among the subject matters of inventions. The second (“positive”) approach includes those states which legislation explicitly classifies computer programs as patentable inventions. On the contrary, the third (“negating”) approach includes states where it is legally established that computer programs as such are unpatentable. The results of the research demonstrate that there is no direct correlation between the way of solving the issue of patentability of computer program algorithms in different legal systems and the state’s place in the global IT market. For example, the United States and China take aneutral approach, Japan takes apositive approach, the EU Member States and India take anegating approach. We believe that the most flexible approach is aneutral approach from the point of view of patent law policy. The most liberal and consistent approach is the positive approach presented by the Japanese legal system. Finally, the negating approach is the most controversial and at the same time widespread among the G20 and BRICS states.
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Pina, Estelamaris da Costa, and Renata Silva-Mann. "Intellectual property in global software development: risks, laws and strategies in BRICS and Brazil." Research, Society and Development 10, no. 1 (January 2, 2021): e2410111334. http://dx.doi.org/10.33448/rsd-v10i1.11334.
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The objective of this work was to point out risks, laws, solutions, and strategies for the protection of Intellectual Property in Global Software Development in BRICS and to identify the bottlenecks of this service, with focus in this service in Brazil. The work was carried out in three stages: (a) a literature review was systematized on Global Software Development Offshore Outsourcing (DGSOO); (b) evaluation of legislation of personal data and software protection; (c) survey with specialists of the Information Technology companies in Brazil. Companies that operate offering this service are usually located in different countries with different law and procedures, and this makes the service of risk for intellectual property rights. The group BRICS is involved in this type of service. However, the challenge for this type of service is to maintain gains without losing the intellectual property rights protection. Due to the ubiquitous nature of software in today's business environment, a DGSOO project needs to have its intellectual property protected, so that the risks of failure are minimized, and the benefits achieved. The greatest occurrences were found for the capacity to develop DGSOO projects and contracts, evidenced by the percentage of contracts finalized with delivery. Most contracts cover intellectual property clauses. The projects are mostly contracted in the software analysis stage and with confidential information, and yet 26.3% of contracts have problems with 1 to 10 projects per year; 5.3% have problems in 11 to 50 projects per year.
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Obolentsev, Valery F., Oleh M. Hutsa, and Dmytro B. Yelchaninov. "AUTOMATED DECISION-MAKING SUPPORT SYSTEM FOR QUALIFICATION OF CRIMINAL OFFENSES AS AN ELEMENT OF HUMAN RIGHTS HEALTH PROTECTION SYSTEMS." Wiadomości Lekarskie 74, no. 11 (2021): 2884–90. http://dx.doi.org/10.36740/wlek202111204.
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The aim: 1) To develop an informative model of the process of automated qualification of criminal offenses against human health for countries with a continental legal system; 2) on the basis of information model to create a decision support system in the form of a software product in terms of qualification of a criminal offense against human health. Materials and methods: The information model of the process of automated qualification of a criminal offense against human health was developed using the BPMN method on the basis of European countries’ legislation with a continental legal system. According to the information model, a decision support system was developed in the form of a software product. Results: 1. An information model of the process of automated qualification of criminal offenses against human health for countries with a continental legal system has been developed. 2. A system of decision support in the form of a software product as an element of law enforcement in terms of qualification of a criminal offense against human health. Conclusions: The proposed decision support system for automated qualification is a means of preventing unreasonable qualification of committed offenses as it minimizes the errors of this process. As a result, it will increase the preventive effect and the quality of law enforcement work to prevent crimes against human health.
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Loveček, Tomáš, Lenka Straková, and Katarína Kampová. "Modeling and Simulation as Tools to Increase the Protection of Critical Infrastructure and the Sustainability of the Provision of Essential Needs of Citizens." Sustainability 13, no. 11 (May 24, 2021): 5898. http://dx.doi.org/10.3390/su13115898.
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States and their cities are at the forefront of efforts to address many of today’s transnational security challenges. States cannot fulfill their basic functions, which include caring for the all-round development of their territory and the needs of its inhabitants, without the existence of critical infrastructure, which can be damaged, destroyed, or disrupted by malicious behavior. The legislation of EU authorities presents methods for improving the crisis management cycle within critical infrastructure protection. However, these methods are not elaborated. Modeling and simulation using software tools enable more accurate decision-making by security managers during the process of designing and evaluating the physical protection systems of critical infrastructure. This article presents a new software solution to the intrusion of unauthorized persons and its potential mathematical extension. The main innovative benefit of this newly created software tool is the possibility of creating more sophisticated attack scenarios using various 2D maps. Mathematical extension model response scenarios are constructed for various types of intruders, allowing more accurate training of defenders, which leads to more effective resource usage. This combination of software and mathematical solutions should allow physical protection system designers to test various intrusion scenarios of critical infrastructure elements.
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Androshchuk, Hennadii. "Problems of patenting inventions created using artificial intelligence: doctrine and practice (р. 1)." Theory and Practice of Intellectual Property, no. 2 (June 23, 2022): 54–67. http://dx.doi.org/10.33731/22022.259744.
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Keywords: intellectual property, artificial intelligence, inventor, software, examination,patent, digital transformation
The dynamics of development of theworld market of artificial intelligence (AI), patent activity in this field, problematic issuesarising in connection with the patenting of inventions created using AI are studied.Aspects of doctrine formation and policy development in the field of intellectualproperty (IP) and AI are considered. Features of examination of patentability of inventionscreated with the use of AI in different jurisdictions (EPO, USA, Germany,China), foreign legislation, doctrinal positions and case law in this field are analyzed.According to the analysis of the Artificial Inventor project, DABUS applications indicatingthe AI system as the inventor, submitted in 17 jurisdictions, were mostly rejectedat the level of IP offices and as a result of court appeals. In general, the applicantfailed to persuade the IP courts and agencies with his arguments, despite differencesin national law and patent systems. The main provisions of the draft law «OnAmendments to the Law of Ukraine «On Protection of Rights to Inventions and UtilityModels» on the regulation of relations arising in relation to inventions and utilitymodels created using artificial intelligence» are considered. It is concluded that theLaw on the Protection of Rights to Inventions and Utility Models excludes computerprograms from patented objects. Their minority is stated in the total number of filedapplications and issued patents. Between 1980 and 2018, only 740 such applicationswere published (1.26% of the total). The rules for compiling, submitting and reviewingan application for an invention (utility model) in Ukraine are outdated and do not reflectaspects of AI. Only a comprehensive approach (changes in legislation and improvementof expertise) will solve this problem.
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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.
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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.
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Zerov, Kostiantyn. "Intellectual property in the field of information and communication technologies." Theory and Practice of Intellectual Property, no. 5 (November 17, 2021): 32–41. http://dx.doi.org/10.33731/52021.244516.
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Keywords: IT, computer program, copyright, creative industry
The article discusses the main issues regarding IP-protection in the sphere of information (information and communication) technologies — one of thelargest creative industries in Ukraine. Development and capitalization of informationtechnologies are impossible without proper legal protection of intellectual propertybecause the basis of the creative industry is the creation of creative products — goodsand services created/provided by cultural (artistic) and/or creative expression andhave high added value and are objects of intellectual property rights, which determinesthe relevance of this study.It is noted that basic types of economic activity that belong to the creative industriesare defined at the resolution of the Cabinet of Ministers of Ukraine and areaimed at creating and distributing intellectual property rights to already createdcopies (or copies) of software. It is assumed that the tax legislation of Ukraine stipulatesthat certain business transactions for the “publication” of software must be carriedout based on contracts for the supply of software and not based on contracts forthe transfer of intellectual property rights.A brief description of copyright objects in the field of information technology andthe possibilities of their legal protection, namely a computer program, databases, andwebsite, is given. It is noted that the website may combine different intellectual propertyrights.The issue of intellectual property rights distribution on the object created in connectionwith the implementation of the employment agreement (contract) and on theobject created by the order is investigated. It is concluded that the law of Ukraine.“On Stimulating the Development of the Digital Economy in Ukraine” eliminated theconflict between the Civil Code of Ukraine and the Law of Ukraine “On Copyright andRelated Rights” on the distribution of property copyrights on official works. The currentapproach to the distribution of economic copyright rights is harmonized with Europeanstandards.
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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.
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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.
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Auer, Ádám. "Gondolatok a mesterséges intelligencia egyes polgári jogi kérdéseiről." Scientia et Securitas 2, no. 1 (July 30, 2021): 106–13. http://dx.doi.org/10.1556/112.2021.00010.
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Összefoglaló. A tanulmány kezdő axiómája a mesterséges intelligencia biztonságos alkalmazása. A biztonságos alkalmazás egyik aspektusa a jogi biztonság, az a jogi környezet, amelyben a felmerülő jogi kérdések rendezésére alkalmazható keretrendszer áll rendelkezésre. A tanulmány a Semmelweis Egyetem projektjében fejlesztett mesterséges intelligencia alkalmazásának olyan polgári jogi problémáit vizsgálja, amelyek a mindennapi hasznosítás során merülhetnek fel. A tanulmány következtetése szerint a vizsgált mesterséges intelligencia szerzői műnek minősül és több védelmi forma is alkalmazható. A jogi szabályozás de lege ferenda kiegészítésre szorul a szerzői mű folyamatos változása okán. Szükséges rögzíteni egy referenciapontot, amely a felelősség kiindulópontjául szolgál. Summary. The starting point of the study is the safe use of artificial intelligence. Legal certainty is one aspect of safe usage, the legal environment in which a framework is available that can be used to resolve legal issues. The paper examines the civil law issues that may arise in the everyday use of the artificial intelligence application developed within the Semmelweis University project. The study will first focus on the legal protection of the Semmelweis AI, including whether this protection is currently international, regional (European Union) or national and which of these is the optimal choice. The study also reflects on the legislative preparatory work of the European Union in this regard. Our hypothesis is that the majority of civil law areas concerning AI can be regulated within a contractual framework. The AI software developed by the project is a forward-looking medical and practical solution. If we want to use a legal analogy, we can imagine its operation as if we had a solution that could analyse all the national court decisions in each legal field and provide an answer to the legal problem at hand, while simultaneously learning and applying the latest court decisions every day. For this AI solution, the diagnostic process must be carefully examined in order to identify the legal problems. I believe that the optimal solution is to classify this AI application as ‘software’ because this allows property rights to be acquired in their entirety and it opens the door to clarifying individual associated usage and copyright by contract. An important civil law question arises in relation to parallel copyright protection, when the individual personal contributions (creative development work) to the software cannot be separated. Therefore, it is important to record the process and to separate the individual contributions protecting by copyright. The AI plays a questionable role in the diagnostic process. If the software itself cannot make a decision, but only provides a framework and platform, then it will not be entitled to co-ownership relating to the diagnostic images (e.g. just as a camera will not own the rights to the pictures taken with it). However, if the algorithm is part of the decision-making (e.g. the selecting of negative diagnoses), it would possibly be co-owner of the right, because it was involved in the development of the classification. All this should be clearly stated in the licence agreement, based on full knowledge of the decision-making process. However, de lege ferenda, the legal regime needs to be supplemented in view of the constant changes of the copyright work and the changing authors. There is a need to establish a specific point in the legislation that serves as a reference point for liability and legal protection. The issues under consideration are of a legal security nature, since without precise legal protection both the creator of artificial intelligence and the persons who may be held liable in the event of a malfunctioning of such systems may be uncertain.
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Epifanova, E. V. "Public Administration in the Field of Public Health Protection in the New Paradigm of Public Authority: Problems of Correlation Between Constitutional and Administrative Law Regulation." Siberian Law Review 19, no. 2 (June 20, 2022): 185–98. http://dx.doi.org/10.19073/2658-7602-2022-19-2-185-198.
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The article is devoted to the study of the problems of correlation between the constitutional-legal and administrative-legal regulation of public administration in the field of public health protection in the system of social administration. The purpose of the article is to identify the relationship between the subject of regulation of constitutional and administrative law in the field of public administration in terms of health protection in the system of social administration, to identify its distinctive features. The goal was achieved with the help of general scientific methods (analysis, synthesis, dialectical, historical and legal method) and the formal legal method. State administration is carried out constantly, regardless of the presence or absence of a constitution in a particular state, other constitutional acts, and even in the absence of constitutional ideas, as was the case in Russia until the 19th century. The concept of administrative and legal regulation of public administration in the field of public health in modern conditions is based on constitutional norms on the right of citizens to health protection and medical care (Article 41 of the current Constitution of the Russian Federation), as well as on the norms on the organization of public power in the Russian Federation. Analyzing the content of the legal literature, the current legislation, the Author came to the conclusion that for the analysis of the correlation between the concepts of constitutional and legal and administrative-legal regulation in the field of health care, the provisions of Art. 71 and 72 of the Constitution of the Russian Federation. In particular, assigning the organization of public authority to the federal center, the Constitution of the Russian Federation thereby predetermines the principles of organization of the public administration system in the field of health care. In addition, Art. 71 of the Constitution of the Russian Federation leaves the federal authorities in charge of establishing a unified legal framework for the healthcare system, which is being transformed into legislative and subordinate regulation, including issues of managing the healthcare system. Administrative law, due to the wide possibilities of operational by-law regulation, is characterized by taking into account the latest achievements in the natural and human sciences in industry standards, sometimes faster than the legislator does.
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Aryamov, A. A., and Yu V. Gracheva. "DIGITALIZATION: CRIMINAL LAW RISKS IN THE ECONOMY." Actual Problems of Russian Law, no. 6 (July 18, 2019): 108–16. http://dx.doi.org/10.17803/1994-1471.2019.103.6.108-116.
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Any industrial revolution not only opens up new opportunities for society and the state, but also endows criminals with previously non-existing methods and tools for committing crimes. Automation and production robotization, artificial intelligence, 3D printing, the creation of new materials and technologies (biotechnologies and information technologies), etc characterize the fourth industrial revolution. One of the objects of the criminal law protection under threat of harm due to digitalization is the economy (public relations arising from ensuring the normal functioning of the economy as a single national economic complex).At present, it is possible to distinguish such cyber threats for the economy as attacks on banks, on a broker, on a settlement system, embezzlement through Internet banking and some other actions carried out through the use of malicious programs. Their main purpose is misappropriation of other people’s property. The most common methods of embezzlement are the manual transfer of funds from the computer of the account owner through the remote access, automatic software upload, social engineering method, the use of an ransomware program, illegal use of the brand, etc.In the conditions of digitalization, the science of criminal law faces the task of developing a model for systematic updating of domestic criminal legislation, developing general rules and clear criteria for its implementation, rather than a spontaneous response to the immediate needs of a law enforcer by designing special cybercrime compounds.
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Potapov, P. N. "The Determination of the Competent Court When Applying for Judicial Protection in an Administrative Offense Case." Siberian Law Review 19, no. 4 (January 8, 2023): 343–55. http://dx.doi.org/10.19073/2658-7602-2022-19-4-343-355.
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The problem of determining the competence of the court to consider a complaint (application) when applying for judicial protection of a person held liable in an administrative offense case, both by the person himself and by the judges, is considered. The study of existing rules of law, judicial acts of courts of first and higher instances, including the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation, the analysis of scientific works devoted to the problem of determining the competent court both in cases of administrative offenses and in civil proceedings is a method, which allows one to study the problem of possible restriction or exclusion of access to judicial protection of persons held administratively liable, when appealing against the relevant regulatory act recognizing them as such. The Author compares the legislation on judicial proceeding in cases of administrative offenses of the Russian Federation and the Republic of Belarus. Investigates the procedure for appealing against a decision in a case on an administrative offense and a decision within the framework of the Code of the Russian Federation on Administrative Offenses and the Arbitration Procedure Code of the Russian Federation, their similarities and differences in the regulation of the appeal procedure. Court practice is brought to attention, which clearly demonstrates the essence of the problem of determining the competent court when applying for judicial protection in a case of an administrative offense. Judicial practice demonstrates a variety of approaches to the existing problem not only by the same court, but also by the same judge. The rights of persons brought to administrative responsibility, violated due to the existence of this problem, are identified. Through the study of scientific works of civil procedure scholars, the Author discusses the possibility of changing existing legislation in order to eliminate the possibility of depriving a person brought to administrative responsibility of the right to judicial protection. The Author proposes to exclude a number of norms from the current legislation, while the norms governing the issue of competence should be changed in terms of the procedure for handling an application received by the court, a complaint in a case of an administrative offense. The importance of resolving this problem for the Russian Federation as a legal state, which is the Russian Federation, is explained.
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Milash, V. S. "OBJECTS OF INTERNET LEGAL RELATIONS IN CONDITIONS DIGITALIZATION OF ECONOMY." Economics and Law, no. 2 (September 9, 2021): 16–24. http://dx.doi.org/10.15407/econlaw.2021.02.016.
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The main trend of modern economic turnover and development is the global digitalization of all spheres and industries of the economy. For this reason new types of economic relations arise within their boundaries. The article examines the current situation and prospects for the development of legal regulation of Internet relations in the context of economic development. A number of problematic issues of the legal nature of individual objects of the economic rights that exist in a virtual (digital) format are analyzed. The issues of legal regulation of relations in the structure of which there is the so-called virtual element in a particular digital / virtual object are specifically analyzed. Special attention is paid to virtual assets, computer programs and software, artificial intelligence and the concept of the “Internet of Things”, etc. Emphasis is placed on the need for legislative consolidation of the concepts of virtual property and virtual objects, as well as objects with hybrid cyber-physical nature and their subsequent inclusion in the list of property in the economy of the business sector. Basic approaches to legal regulation of robotics based on artificial intelligence have been established. It is determined that the possibility of achieving a synergistic effect in the legal regulation of relations with virtual objects makes it necessary to make appropriate additions to the provisions of the Economic and Civil codes of Ukraine, as well as modernization of legislation in the field of intellectual property and innovation activities, investment legislation, legislation on property and property rights assessment, e-commerce, foreign economic activity on the Internet, protection of consumer rights of digital goods, etc. When adding and formulating these provisions into national legislation it should be taken into consideration the basis for international legal regulation of these issues submitted by acts of soft law, which are of a recommendatory nature. (These are the recommendations on artificial intelligence developed by the ETO-T Y.2060 (06/2012) Economic Telecommunication Organization “Overview of the Internet of things”).
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Hohmann, Balázs. "Possibilities for Modernization of Conciliation Board Procedures in the Countries of Central and Eastern Europe - Online Dispute Resolution and Electronic Communication." European Journal of Social Sciences 4, no. 1 (May 15, 2021): 18. http://dx.doi.org/10.26417/554xup42d.
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Conciliation bodies are the main European forums for alternative dispute resolution for consumer disputes, providing an institutionalized opportunity to remedy consumer infringement cases quickly, cheaply and efficiently. The institution has excellent dispute resolution efficiency not only in Hungary, but also at the international level, which greatly contributes to the enforcement of the consumer protection legislation of the countries concerned. The scientific examination of the work of the bodies and the legislation related to them, the number of domestic and international scientific works resulting from them are modest, while the efficient operation of the bodies depends not only on practical and legal factors, but also on the theoretical basis. Although legislative reforms in this area have led to a number of innovations and modernizations, they have left untouched a number of theoretical and practical issues that also pose significant problems in law enforcement, such as the satisfactory settlement of cross-border disputes, electronic communication and even communication, that it is possible to involve artificial intelligence, other software solutions in decision-making or online dispute resolution within the framework of the procedure. Applied research on the operation of conciliation bodies covered bodies and bodies in Hungary, Romania and Slovakia. Due to the large number of consumer legal relations, the significance of these research results in the national economy cannot be considered negligible either. The research supported by the ÚNKP-20-3 New National Excellence Program of the Ministry for Innovation and Technology from the source of the National Research, Development and Innovation Fund.
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Sitnikov, A. A. "Original scientific article Employer’s Abuse of the Right to Labour Management." Siberian Law Review 18, no. 4 (December 27, 2021): 413–22. http://dx.doi.org/10.19073/2658-7602-2021-18-4-413-422.
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Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.
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Zerov, Konstiantyn. "Copyright protection for computer programs." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 5–14. http://dx.doi.org/10.33731/62020.233854.
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Zerov K. Copyright protection for computer programs. The article discusses the main approaches to the legal protection of software, particularly computer programs, in accordance with the current legislation of Ukraine and foreign practices. It is concluded that copyright allows to adequately protect the forms of expression of a computer program: object and source codes of the program. It is noted that a computer program shall be protected if it is original in the sense that it is the author's own intellectual creation, and no other criteria shall be applied to determine its eligibility for protection in Ukraine. Like any other copyright object, a computer program has «legally indifferent» and «legally significant» elements of the form of expression. The legally indifferent elements of a computer program should include a) elements dictated by the efficiency of a computer program; (b) elements that are dictated by external factors; and (c) elements that the original programmer had taken from the public domain. The main approaches to the use (copying) of the source or object code of computer programs as part of other computer programs are given: «literal copying» and «non-literal copying.» It is concluded that «non-literal copying» of a computer program cannot violate the copyright law in Ukraine since the ideas and principles on which any element of a computer program is based are not protected by copyright. It is assumed that the modification of a computer program by eliminating technical means of protection and further use of computer program gives grounds to qualify such actions as two separate types of copyright infringement: infringement of the copyright holder's property rights and deliberately circumventing technical means of copyright protection. It is noted that in some scenarios, theuse of works under the limitation of copyright without circumvention of technical means may be impossible. The proposal to legislatively provide for the possibility of a person who has the right to freely use work to contact the copyright holder with a request to remove technical means solely for such use, as well as cases of permissible circumvention of technical means, has been made.Keywords: computer program, copyright, literal copying, non-literal copying
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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.
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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.
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Georgieva, I., C. Lauvrud, R. Almvik, and R. Whittington. "Opinions of professionals and family members about the National mental health law regulating involuntary commitment of psychiatric patients: An international comparative study in 10 countries." European Psychiatry 41, S1 (April 2017): S337. http://dx.doi.org/10.1016/j.eurpsy.2017.02.291.
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IntroductionPrevious research illustrated that the laws regulating involuntary placement and treatment of persons with mental health problems are very diverse across countries: procedures for involuntary commitment and stakeholders involved in the initiation and decision making vary across countries; most laws include criteria of danger/risk, which take various forms in EU Member States’ legal frameworks, while the need for treatment in the best interests of the patient is sufficient to detain individuals in other countries, etc.ObjectivesThis study will compare the opinions of professionals and family members about the operation of the National mental health law regulating forcibly admission and treatment of psychiatric patients in ten countries: Ireland, Iceland, UK, Romania, Slovenia, Denmark, Sweden, Germany, Norway and India.AimsTo gain insights into stakeholders’ satisfaction with the operation of their national legislation and to compare the effectiveness and acceptability of different legislative processes across countries. Such scientific findings are needed in order to improve and harmonize legal practices, and to enhance fundamental rights protection of persons with mental health problems, which eventually could result in a lower rate of compulsory admissions.MethodsA short anonymous questionnaire consisting of 9 items was developed, using the online software Survey Monkey. It was distributed to representative samples via e-mail to psychiatrists, general practitioners, acute and community mental health nurses, tribunal members, guards and family members in each collaborating country. The levels of agreement/disagreement were measured on a Likert- scale.Results/ConclusionsThe study's results and conclusions will be presented at the conference.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Ergashev, Ikrom. "ISSUES OF IMPROVEMENT OF LEGAL MECHANISMS FOR DIGITALIZATION OF ACTIVITIES OF THE STATE TAX SERVICE." Review of Law Sciences 6, no. 1 (March 15, 2022): 14–22. http://dx.doi.org/10.51788/tsul.rols.2022.6.1./zqja3018.
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This article is based on the fact that the issues of gradual reduction of the tax burden, simplification of the tax system and improvement of tax administration, rapid development of the country’s economy, improving investment attractiveness and legal regulation of these relations are becoming increasingly global and actual. The facts are analyzed that the need to improve tax legislation and tax practices in line with the development of tax administration and the development of the investment climate by sharply reducing the tax burden on businesses, creating a fair and transparent tax system for all taxpayers and bringing it into line with international standards and simplifying tax administration, extensive systematic work is carried out to eliminate inconsistencies and contradictions in the legislation and to strengthen the protection of the rights and legitimate interests of honest taxpayers. Theoretical and practical aspects of the importance of legal regulation of issues related to ensuring the rights of subjects of tax law, the introduction of “smart regulation” models in this area and increasing the share of information technology in this sphere, the development of new effective mechanisms are researched. It is analyzed that it is important to improve the tax administration, introduce paperless document exchange and address the challenges of developing and implementing software aimed at increasing the efficiency of state tax service. Analyzing the main directions of improvement of tax administration in Uzbekistan, proposals were developed to improve its legal basis.
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Arkhipov, V. V., and V. B. Naumov. "THEORETICAL AND LEGAL ISSUES OF PROTECTION OF HUMAN RIGHTS WHEN USING BIOMETRIC DATA ARTIFICIAL INTELLIGENCE SYSTEMS: EUROPEAN EXPERIENCE." Bulletin of Udmurt University. Series Economics and Law 32, no. 1 (January 25, 2022): 109–18. http://dx.doi.org/10.35634/2412-9593-2022-32-1-109-118.
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The article discusses the theoretical issues of the formation of legal mechanisms for the protection of human rights, including the right to privacy, in the modern conditions of digital transformation. Based on the methods of comparative law, the paper investigates the legal risks of digitalization in terms of the use of biometric data by software solutions and devices based on artificial intelligence technology. As a result of the study, in order to increase the economic efficiency of technologies while ensuring the rights of citizens, taking into account the growing potential for highly personalized manipulation and other risks of biometric personal data processing technology, the authors come to conclusions about significant challenges for the law. This reinforces the importance of developing basic ethical and legal principles in the field of artificial intelligence and the formation of a legislative framework in the field of artificial intelligence.
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Androshchuk, Hennadii. "Problems of patenting inventions created using artificial intelligence: doctrine and practice." Theory and Practice of Intellectual Property, no. 3 (August 9, 2022): 54–64. http://dx.doi.org/10.33731/32022.262624.
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Keywords: intellectual property, artificial intelligence, inventor, software, examination,patent, digital transformation
The dynamics of development of the worldmarket of artificial intelligence (AI), patent activity in this field, problematic issuesarising in connection with the patenting of inventions created using AI are studied.Aspects of doctrine formation and policy development in the field of intellectual property(IP) and AI are considered. Features of examination of patentability of inventionscreated with the use of AI in different jurisdictions (EPO, USA, Germany, China), foreignlegislation, doctrinal positions and case law in this field are analysed. Accordingto the analysis of the Artificial Inventor project, DABUS applications indicating theAI system as the inventor, submitted in 17 jurisdictions, were mostly rejected at thelevel of intellectual property offices and as a result of court appeals. In general, theapplicant failed to persuade the IP courts and agencies with his arguments, despitedifferences in national law and patent systems.
The main provisions of the draft law «On Amendments to the Law of Ukraine» OnProtection of Rights to Inventions and Utility Models «on the regulation of relationsarising in relation to inventions and utility models created using artificial intelligence» are considered. It is concluded that the Law on the Protection of Rights to Inventionsand Utility Models excludes computer programs from patented objects. Theirminority is stated in the total number of filed applications and issued patents. Between1980 and 2018, only 740 such applications were published (1.26% of the total).The rules for compiling, submitting and reviewing an application for an invention(utility model) in Ukraine are outdated and do not reflect aspects of AI. Only a comprehensiveapproach (changes in legislation and improvement of expertise) will solvethis problem.
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Stepanyk, Y. O. "The concept and place of competition law in the legal system of the EU." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 372–76. http://dx.doi.org/10.24144/2788-6018.2021.04.65.
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In the framework of modern reform of competition laws in the European countries, that has arisen due to increasing attention to markets in the field of IT services, in particular software and IT-solutions for business, the nature of competition law and its place in the legal system of each separate state became as one of the most topical issues. Such features are revealed through several characteristics, including the peculiarities of historical development, the level of market concentration, the development of individual industries etc.
Even though the fact that basic principles of the competition regulation in the European Union are stipulated at the supranational level, their historical basis is the process of development of competition law in individual Member States. The existence of two models of competition regulation at the theoretical level, i.e. European and American, allows, in turn, to distinguish such concepts as "competition", "antimonopoly", "antitrust" and "cartel" law. By the way of definition of the range of legal relations, the question arises as to the affiliation of competition law to the public or private sphere. Due to the specifics of the subject of regulation, the issue of the place of competition law in the general legal system remains open, which leads to a large number of problems, both on the theoretical and practical levels. As for the example, we can indicate, inter alia, the definition of the status and scope of powers of authorities, the nature of sanctions imposed in a result of violation of competition laws and the nature of such liability. In addition, there is a question regarding the nature of the processes carried out within consideration of cases of violation of the legislation on protection of economic competition or review the applications for granting approval on concentration or concerted practices, participants’ rights and obligations in such processes, etc.
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Ravnyushkin, A. V. "The Legal Issues of Firearms Trafficking in the United States of America." Siberian Law Review 19, no. 4 (January 8, 2023): 356–73. http://dx.doi.org/10.19073/2658-7602-2022-19-4-356-373.
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Relevance and subject of research. The circulation of firearms as a source of increased danger is subject to legal regulation and control in the Russian Federation. The use of weapons by police officers is no exception. The norms of the Federal Law of February 7, 2011 No. 3-FZ “About the Police” (hereinafter referred to as the Law “About the Police”) refer to the achievements of domestic administrative science as a result of the work of specialists. In systemic connection with the norms of criminal law, they regulate the conditions and limits for the use of coercive measures by police officers, including firearms. The fundamental ideas of the activities of the Russian police have successfully cooperated with the norms of international law. On the contrary, in the socalled “leading” democratic state – the United States of America, such cooperation does not look well-coordinated, which the Author substantiates when studying the origins of the right of citizens of this state to own firearms, the regulatory regulation of the circulation of weapons in the United States, the negative consequences of this regulation (based on research by American scientists and statistical data), the activities of the US police to counter armed attacks and its legal regulation. One of the US attempts to comply with international law in this area is analyzed, namely the adopted new policy of the US Customs and Border Protection on the use of force, including firearms.The purpose of the study is to determine the state of legal regulation of the circulation of civilian firearms in the United States, the use of these weapons as a coercive measure by police officers in order to identify its positive aspects, in the presence of which the decision on the possibility / impossibility of their introduction into Russian legislation. This led to the setting of the following tasks: to study the constitutional foundations of the right to own firearms by US citizens (historical aspect); to determine the current state of legal regulation of civilian circulation of firearms in the United States and its consequences; analyze the activities of the US police to counter armed attacks and its legal regulation, evaluate them and determine the prospects for their improvement; identify the provisions of American legislation that are of scientific interest, and the possibility / impossibility of their implementation in Russian legislation.The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations associated with the circulation of firearms, the implementation of their state regulation, analysis and synthesis of the results obtained during the study, which made it possible to formulate and substantiate the conclusions. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. Findings. The study shows that the constitutional foundations for the right to own firearms by US citizens developed simultaneously with the emergence of statehood: first in individual states, and then in the very union of these states formed into a single US government. The existing multi-layered legal framework for regulating the circulation of firearms has created a wide range of owners with a relatively simple system of access, which negatively affects the criminal environment, in which armed attacks with mass casualties are of high importance. Cases of armed attacks and other negative illegal acts to a certain extent influenced the processes of militarization of the police, the creation and strengthening of special operations units, the adoption by the police of various types of military equipment, weapons and special means. Detailed legal regulation of the use of lethal force by the police is developing belatedly. The 2014 adoption of the U.S. Customs and Border Protection Manual did not prompt other law enforcement agencies to adopt similar rules, indicating the fragmentation of U.S. law enforcement. The U.S. Customs and Border Protection Guidelines on the use of force is of particular scientific interest, and after its careful analysis, it is possible to introduce certain provisions into the legal regulation of the activities of the Russian police, especially the use of lethal force. The fundamental ideas of police activity developed in Russia can be recognized as certain guidelines for the development of the American police. The relatively small number of firearm owners in Russia and the high requirements for the circulation of firearms are a deterrent to the negative developments taking place in the United States.
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Solovey, Yu P. "Ending the Discussion on the Understanding of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 359–78. http://dx.doi.org/10.19073/2658-7602-2021-18-3-359-378.
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A discussion that has been going on for decades in the Russian legal doctrine about the understanding of the administrative process, according to one of its most active participants, Professor Yu. N. Starilov – a supporter of the judicial interpretation of the administrative process, has lost its meaning today and only hinders the adoption of overdue legal decisions. From the point of view of the named specialist, the legislator must put an end to this discussion by forcing legal scholars and practitioners to use the “correct” terms. In this regard, as the purpose of the presented research the Author has chosen to clarify the issue of the existence of legal grounds for a clear and unambiguous understanding of the administrative process, to determine the content of this legal concept. The subject of the research is legal norms and judicial acts, which use “administrative-procedural” terminology. The hypothesis of the research is that at present there are necessary and sufficient legal grounds to complete the discussion in the legal doctrine on the understanding of the administrative process. To prove the hypothesis and formulate the conclusions of the study, dialectical, formal-logical, formal-legal, comparative legal methods of cognition, the method of interpreting law, and analysis of materials of judicial practice are used. The study makes it possible to conclude that the current domestic legislation provides for the necessary and sufficient legal basis for understanding the Russian administrative process as a legal concept, meaningfully consisting of three parts: a) administrative judicial proceedings; b) proceedings on cases of administrative offenses; c) administrative process (administrative procedures). Hence, the scientific discussion about the understanding of the Russian administrative process, first of all, about the content of this legal concept, should be considered complete in the Author’s opinion. As one of the results of the study, the Author also notes the dualistic nature of the administrative process, given to it by Russian legislation and expressed in the existence of administrative judicial proceedings (carried out by a court) and an administrative out-of-court process (carried out by the public administration). This circumstance must certainly be taken into account when developing future administrative procedural legislative decisions. At the same time, the doctrinal recognition of the status of administrative procedural for the relevant activities of the public administration, to a much greater extent than the qualification of such activities as administrative and procedural, advocated by the followers of the judicial concept of administrative process, will contribute to the implementation of the idea of protection in the federal law on administrative proceedings (administrative procedures) being drafted of human and civil rights in relations with public administration and, in general, ensuring an appropriate level of proceduralization of administrative activities that meets the standards of a legal state.
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Matsumoto, Kei, Christoph Rademacher, and Ayako Suga. "Protecting IP Licenses and Jointly Owned IP in the Age of COVID-19: Insolvency and Force Majeure Events under Japanese Law." GRUR International 70, no. 5 (May 1, 2021): 463–85. http://dx.doi.org/10.1093/grurint/ikab008.
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Abstract This article provides an overview and discussion of a multitude of issues that are relevant for IP licensing under Japanese law. The authors recap the results of the legislative process that predominantly addressed the IP licensee’s position in the case of a licensor's insolvency, including the 2020 amendment to the Japanese Copyright Act, and examine whether a comprehensive reform of IP licensing regulations in Japan would be preferable to also offering better protection to trademarks, trade secrets and data licensees. Given that Japanese companies often agree on jointly owning IP generated in the process of software development and other co-development projects, we analyze the risks of joint ownership compared to non-exclusive licenses. To further illustrate such risks that may be even more significant in cross-border constellations, we conduct a comparative study on the actions that a party commissioning the development of new software can take without obtaining the software developer’s consent under Japanese, US and German patent and copyright law. Furthermore, we examine certain unresolved issues that may arise in the case of a party’s insolvency or the impact of force majeure events, and provide suggestions on how to address these when drafting and negotiating IP license agreements.
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Никулин, Е. Ю. "REGULATORY FRAMEWORK OF INFORMATION SECURITY OF THE NATIONAL POLICE OF UKRAINE." Juridical science 1, no. 4(106) (April 2, 2020): 117–24. http://dx.doi.org/10.32844/2222-5374-2020-106-4-1.14.
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The relevance of the article lies in the fact that legal regulation is an important area in ensuring the information security of the bodies of the National Police of Ukraine. It is it that secures the legal status of the departmental information space, the legal status of the subjects of information legal relations and makes it possible to lawfully apply various forms and methods of ensuring information security in the police. Inappropriate legal regulation, which contains gaps and conflicts, violates human and civil rights and freedoms, or has an ambiguous interpretation - leads to problems in the law enforcement sphere. The article displays the main legal acts regulating the formation and use of information and databases in the bodies of the National Police of Ukraine. The emphasis is placed on domestic sources of legal regulation, which have been qualified and characterized by legal force. It was found that the Law of Ukraine "On Information Protection in Information and Telecommunication Systems" regulates relations in the field of information protection in information, telecommunication and information and telecommunication systems. The law clearly defines that the objects of protection in the system are the information processed in it, and the software that is designed to process this information. It was determined that by-laws and regulations are aimed at detailing certain provisions of the Constitution and laws of Ukraine. They have a substantive direction and regulate a specific area of public relations or the direction of work of government bodies. To ensure the information security of the National Police, they play a key role, since they act as a mechanism for the implementation of legislative requirements. Here it is important to emphasize the importance of quality control over the departmental rule-making of public authorities in order to prevent the adoption of provisions that may contradict each other or even legislative acts.
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Kulynych, Pavlo. "Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 346–59. http://dx.doi.org/10.33663/1563-3349-2022-33-346-359.
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The article investigates the theoretical issues of implementation of legitimate land interests in the conditions of digitalization of land relations in Ukraine. The idea of introducing a category of interest in jurisprudence belongs to the prominent German lawyer Rudolf von Yering. Exploring the laws of law as a regulator of social relations in the late nineteenth century, he drew attention to the marked infl uence of public interests on its development. Rudolf von Yeering found that as society’s interests change, so does its rights. Modern legal doctrine is based on that implementation of the law is carried out both through the subjective rights of the parties to the relationship, and through their legitimate interests. Therefore, it has become quite natural to try to use theoretical developments on the legal nature of legitimate interests as an element of the legal status of participants in public relations to meet their needs. The Constitutional Court of Ukraine has ruled that the notion of «interest protected by law» should be understood as the desire to use specifi c tangible and / or intangible goods, as conditioned by the general content of objective and not directly mediated in subjective law simple legitimate permission, which is independent of subject to judicial protection and other means of legal protection in order to meet individual and collective needs that do not contradict the Constitution and laws of Ukraine, public interests, justice, fairness, reasonableness and reasonableness and other common law principles. So legitimate land interests as a legal phenomenon arise in the fi eld of land, environmental and some other relations governed by law. Only after the extension of legal norms to a certain range of land or other related social relations, a person as a participant in such relations may have legitimate land interests. In author’s opinion, an important legal source of a person’s legitimate interests in the fi eld of land relations is the acquisition of property rights and other land rights, as well as environmental rights (favorable environment, etc.), which cause a conscious, socially active person legitimate land interest. (For example, interest in keeping neighboring areas in good agricultural, aesthetic condition, etc.). After all, land use, including agricultural, is increasingly beyond the interests of the subject of ownership or the right to use the land and interferes in those areas of public relations that aff ect the interests of other individuals and society in the face of the state and territorial communities. Therefore, an important stage in the development of legitimate land interests has been the land reform that has started in Ukraine since the early 1990s. One of its key consequences was the formation of a system of land rights, which is based on the basic property right - property rights. Unfortunately, the land legislation of Ukraine has not yet formed a clear legal mechanism for the implementation and protection of legitimate land interests. Its absence was especially acute at the fi nal stage of land reform - the opening of the agricultural land market when competition between land rights and legitimate land interests of various subjects of land rights intensifi ed. In such conditions, administratively capable and economically strong subjects of land legal relations, especially large agricultural producers, try to ensure the formation of a legal environment in which their land interests would be dominant. At the same time, ignoring the legitimate interests of some participants in land relations – peasants – cannot be the basis for appropriate legislation, because the formation of a balanced legal system as a whole and eff ective land law cannot be done by ignoring the legitimate interests of any group of people. In our opinion, such legislative measures should be assessed as legal recourse, not legal progress. One of the most common legitimate land interests in the land law of Ukraine is a legitimate expectation of a certain land law result (actions, decisions, etc.). A legitimate expectation arises when, as a result of statements or promises made on behalf of a public authority, or as a result of established practice, a person has a reasonable expectation that the public authority will act in this way and not otherwise. In some cases, the legislative activity of the Parliament of Ukraine may be the object of legitimate expectations of landowners and users. Deepening the legal regulation of land relations in the context of their digitalization leads to the expansion of the sphere of origin and realization of legitimate land interests. One of the ways to deepen the legal regulation of land law is to increase the legally sensitive features of land as an object of land relations. This increase in these features takes place, when with the help of modern digital technologies new land qualities are identifi ed and recorded as legally signifi cant facts in electronic databases that are processed (summarized, combined, allocated, etc.) using modern digital services (software) including artifi cial intelligence. Thus, expanding the list and ensuring unlimited access to legally relevant information on the state and dynamics of land creates conditions for the emergence of new land interests, aimed not only at exercising individual land tenure, but also at maintaining land resources in good condition. In particular, the expansion of the sphere of legitimate land interests is conditioned by going beyond the neighborhood, when the object of such interests of the person are only adjacent (neighboring) land plots, and their acquisition of «digital» extraterritoriality. It should be noted that the expansion of the sphere of realization and protection of legitimate land interests may have certain negative consequences, such as confl ict of interest or «war» of interests. Therefore, to prevent such extremes, it seems appropriate to establish legal safeguards against the abuse of legitimate land interests. One of them may be the establishment of collective protection of such interests by a group of persons or their association in a public organization. Finally, it is concluded that the digitalization of land relations creates new challenges and opens new opportunities in ensuring the realization of the potential of land law through the mechanism of protection of legitimate land interests. Therefore, society must increase its legal «readiness» for the challenges and opportunities of the era of digitalization of land relations.
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Kuznetsov, A. A. "Legal Basis of Biometric Methods of Identity Authentication." Economics. Law. Innovaion, no. 1 (March 30, 2021): 85–90. http://dx.doi.org/10.17586/2713-1874-2021-1-85-90.
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The paper substantiates the need to form the legal foundations of biometric authentication methods. The development of modern society is connected with the protection of information and information security. Biometric authentication methods are of interest as an innovative technology, the use of which should have an appropriate legal basis. The implementation of the necessary software must be regulated by separate provisions of copyright law. The use of biometric parameters of a person must also be subject to legal acts. The separation of the two concepts of authentication and identification in the legal aspect is justified. This is due to the fact that the possibility of access to both personal data of the individual and their financial assets is affected, since the main sphere of use of biometric parameters is the receipt of public and banking services. The regulatory legal acts that determine the possibility of using biometric authentication methods are considered. The paper draws practical conclusions about the need to distinguish an independent legal category of biometric personal data in the Russian legislation. To fix that the information about the subject of personal data will be attributed to biometric identification parameters if it is used for the purpose of establishing identity.
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Zyuzin, V. A. "The Intersection of Traditional and Modern Terminology as a Barrier in Understanding the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 292–300. http://dx.doi.org/10.19073/2658-7602-2021-18-3-292-300.
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At present, in connection with the constitutional reform carried out in the Russian Federation, the process of reconciliation of the basic categories of administrative law with the Constitution is actively underway. In parallel, in the scientific community of specialists in administrative law and process, there has long been a request for the harmonization of views and concepts for the formation of modern administrative procedural legislation. Such a serious scientific task can be successfully solved only by relying on the letter and spirit of the country's fundamental law as the only indisputable starting point for doctrinal provisions. The catalyst for many years of discussion about the boundaries and essence of the administrative process was the adoption in 2015 of the Code of Administrative Proceedings of the Russian Federation. After the enactment of this code in scientific circulation, the categories of “judicial administrative law” and “judicial administrative process” are actively used, which brings the domestic doctrine closer to the theory of developed foreign countries. However, even in the absence of a law in Russia that defines the legal foundations of an extrajudicial administrative process, one should not forget that the majority of modern representatives of science recognize the existence of an extrajudicial administrative process in the Russian Federation. We are talking about the widest range of administrative cases - about the activities of administrative-public bodies to resolve administrative matters under their jurisdiction, both of a regulatory and protective nature, controversial and indisputable. In this situation, we believe that it is required to conduct a scientific analysis of the terminology used in Russia to study the essence of the administrative process. The article makes an attempt, taking into account foreign and domestic doctrine, to study numerous definitions for suitability for the formation of a uniform understanding of the administrative process in the Russian Federation. The work, in particular, explores the understanding of public administration and administrative justice, compares the content of the terms “administrative jurisdiction” and “administrative procedures” in Russia and in foreign countries. Based on the results of the analysis, it is concluded that the least controversy is caused by the use of the term “administrative proceedings” in relation to out-of-court proceedings and “administrative proceedings” to the judicial trial hearings.
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Briggs, Sue. "Avoiding madness in the method: best practice methodologies for regulatory biodiversity assessment." Pacific Conservation Biology 17, no. 2 (2011): 94. http://dx.doi.org/10.1071/pc110094.
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IN recent years, several Australasian jurisdictions have developed methodologies for regulatory assessment of impacts of development on biodiversity. Some methodologies are gazetted (NSW Government 2005) and some are policies under legislation (Department of Natural Resources and Environment 2002; Department of Environment and Climate Change 2007; Department of the Environment, Water, Heritage and the Arts 2009; Norton 2009). Increasingly, the methodologies aim for no net loss of biodiversity or net environmental gain, or to improve or maintain environmental outcomes (Department of Natural Resources and Environment 2002; NSW Government 2005; Environmental Protection Authority 2006; Webb 2009). Some methodologies are deemed as law, while assessments under other methodologies are subject to court challenges (Meyers 1996; Cabarrus 2009). Assessments using deemed methodologies cannot be challenged in court providing the methodology is accurately followed. Some jurisdictions have deemed methodologies to assess impacts of development on biodiversity in some circumstances, more open (and legally challengeable) provisions for biodiversity assessment in other circumstances, and direct Ministerial authority in other situations (NSW Parliament 1979, 1995, 2003). Some methodologies are accompanied by software tools and datasets (NSW Government 2005; Department of Sustainability and Environment 2006; Department of Environment and Climate Change 2009). Most methodologies have been in operation for several years. During this time, much has been learnt about best practice for preparing and implementing methodologies and their accompanying tools and datasets. The purpose of this paper is to provide principles for developing and implementing best practice methodologies for assessing impacts of development on biodiversity, for policy makers and their advisors. The principles apply to assessment of individual development applications and projects, rather than to strategic assessment (see Macintosh 2010), although many are relevant for strategic assessment also. Most of the principles also apply to assessment of biodiversity for non-regulatory purposes, such as incentive schemes.
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Andy Hartanto, Joseph, and Sulaksono Sulaksono. "Applications of good corporate governance relating to shareholders, commissioners, and directors of limited liability companies in Indonesia." Problems and Perspectives in Management 17, no. 3 (September 23, 2019): 410–20. http://dx.doi.org/10.21511/ppm.17(3).2019.33.
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This critical analysis seeks to explore the inclusivity and feasibility of the legal application of organizational governance principles related to limited liability companies (LLCs) in Indonesia, which are considered essential pillars of Indonesia’s economic stability. The investigators employed the non-probability purposive sampling to select 150 study participants from a population of 250 administrative panel members working in PT Bank Rakyat Indonesia and PT Bank Mandiri. Structured and semi-structured questionnaires were constructed and distributed online through emails. The subjects’ responses were coded manually, using the NVivo software for ease of analysis. The result showed that (1) 84.5% of participants believed that ineffective relationship building approaches, corruption, and inadequate information disclosure mechanisms among internal and external shareholders formed the main challenges to implementation of corporate governance principles in Indonesian LLCs, (2) 97.8% of the respondents believed the Indonesian Company Law (ICL) had achieved significant milestones in guiding the application of sound corporate governance principles by explicitly outlining the roles and responsibilities of stakeholders and providing sufficient protection for minority stakeholders, and (3) 78% of participants agreed that the ICL has introduced and reinforced critical rights and protections to shield shareholders from unfair regulations internally formulated by a company. In its findings, the investigation confirmed that poorly structured information sharing systems, fraud, and ineffective relationship building were the main factors that contributed to current inadequacies. 84.5% of the respondents believed that ineffective relationship building approaches, corruption, and inadequate information disclosure mechanisms among internal and external shareholders formed the main challenges, trends, and issues to the implementation of corporate governance principles in Indonesian LLCs. The study also confirmed that the implementation of GCG related legislations had reinforced the professional duties and obligations of stakeholders, alongside offering legal protections for minority business actors.
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WARBURTON, JEAN. "EMPLOYMENT PROTECTION LEGISLATION." Industrial Law Journal 16, no. 1 (1987): 112–14. http://dx.doi.org/10.1093/ilj/16.1.112.
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Bogolyubova, Viktoria S. "The Compound Impact of Network Effects, Critical Mass, and Standartization on Competition in the Operating System Market." Journal of Modern Competition 16, no. 6 (December 30, 2022): 19–42. http://dx.doi.org/10.37791/2687-0657-2022-16-6-19-42.
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The competition policy mechanisms in specific sectors of the economy work out, provided that balanced protection tools are used, and incentives are maintained to launch a new product or technology onto the market. However, strong network effects lead to the presence of a small number of manufacturers or even a single player, which hinders the spread of alternative products and contributes to a single product network formation. The relevance of this research is driven by the need to competition analysis in the software market affected by the network effects. The purpose of this review article is to justify the need for a compound impact analysis of network effects, critical mass and standardization as an assessment optimization tool of the competition state in the two- sided software market, specifically in the operating systems markets. The object of the research is an operating system itself, and the subject is the influence of network effects, critical mass and standardization on competitive processes in the operating systems market. The following issues were performed: the results systematization of theoretical studies and approaches to econometric modeling of network externalities, the strategies identification for analysis of standards and installed base of users and sales, introduction of the operating system and software concepts, the development of recommendations for analysis of the phenomenon of network effects with an emphasis on the standardization process in the furtherance of competition and industrial policy. Analysis of the examined phenomena impact shows that the introduction of a generally accepted network effects definition at the legislative level, distinction between the direct and indirect network effects, consideration of this phenomenon as a barrier to entry into the market, and concord of the network effects and standard setting theory can decrease the possibility of type I and II errors in the law enforcement practice.
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Palamarchuk, Svitlana, Natalia Palamarchuk, Vladimir Tkach, and Olga Shugaly. "FORMS OF ELECTRONIC SIGNATURE AND FEATURES OF ITS USE IN SECURED INFORMATION SYSTEMS." Cybersecurity: Education, Science, Technique 2, no. 14 (2021): 100–106. http://dx.doi.org/10.28925/2663-4023.2021.14.100106.
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The Law of Ukraine “On Electronic Documents” and “On Electronic Digital Signature”, which came into force on December 28, 2003 and January 1, 2004, respectively, gave the “green light” to the widespread use of electronic documents and digital signatures in the country. Continuation in the introduction of electronic documents, including electronic signature forms and their use in secure information systems, was the adoption in 2018 of the Law of Ukraine "On electronic trust services" (Law of Ukraine "On electronic digital signature" expired) and a number of bylaws regarding electronic interaction between two information resources (state registers / information and telecommunication systems…) and / or for the provision of administrative services. At the same time, the use of the latest technologies aimed at increasing the efficiency of work creates new risks that can lead to the disclosure of sensitive information, the consequences of which can be critical. To prevent this from happening, the system being created or the existing system must be well protected and comply with the Concept of "Secure Information Systems". This Concept includes a number of legislative initiatives, scientific, technical and technological solutions. Also, it is necessary to refer to the definition of a reliable information system, which is provided in the "Orange Book". According to which, a reliable information system is defined as “a system that uses sufficient hardware and software to ensure the simultaneous reliable processing of information of varying degrees of secrecy by different users or groups of users without violating access rights, integrity and confidentiality of data and information, and which maintains its performance under the influence of a set of external and internal threats. " Today, among the established methods of information protection, a special place is occupied by an electronic signature (both for verifying the integrity of the document, confirmation of authorship and for user authentication).
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Matytsin, D. E. "Risk of non-fulfillment of obligations by participants of investment deals: preventive civil law mechanisms for the protection of rights." Journal of Law and Administration 17, no. 4 (February 21, 2022): 33–50. http://dx.doi.org/10.24833/2073-8420-2021-4-61-33-50.
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Introduction. The article is devoted to the study of legal mechanisms to protect the rights of participants of remote-digital transaction, made by a private investor (individual) and a legal entity (investment intermediary, investment recipient) with a particular object of investment and related to the real contracts. Violations of the rights of the parties to the transaction are most often associated with the stage of completion of such transaction and are a consequence of untimely and/or incomplete return of the invested money, failure of the counterparty-debtor to fulfill its obligations immediately upon receipt of money from the investor - upon transfer of the investment object itself. Failure to pay the promised income naturally gives rise to a conflict. Meanwhile, the existing nowadays tools of financial security of entrepreneurial projects objectively can not fully meet the current needs of business entities, and new objects of investment still poorly studied in terms of legal science, require the definition of their legal characteristics and the establishment of the legal nature.Materials and methods. The methodological basis of the study was materialistic positivism combined with the application of general scientific methods of knowledge. Including: dialectical method, formal-logical, analysis, synthesis, deduction and induction, methods of hypothesis, analogy, etc. Particular scientific methods are applied in the work, such as: historical and retrospective method, functional, statistical. Special methods of cognition of legal science are also applied: comparative-legal, the method of systemic research, formal-legal, etc. The work also used the method of legal modeling, which allowed to form the structure and functional elements of civil-legal model of prevention of non-fulfillment of obligations by participants of remote-digital investment transactions in the information space, protection of their rights and legitimate interests.The normative legal base of the work consisted of the provisions of existing legislative acts. Among them: Federal Law of the Russian Federation from 07.02.1992 № 2300-1 "On protection of consumer rights"; Federal Law of the Russian Federation from 23.12.2003 № 177-FZ "On insurance of deposits in banks of the Russian Federation"; Federal Law from 31.07.2020 № 258-FZ "On experimental legal regimes in the field of digital innovation in the Russian Federation"; Federal Law of the Russian Federation from 13.07.2015 № 224-FZ "On public-private partnership, municipal-private partnership in the Russian Federation and amending certain legislative acts of the Russian Federation" and others.The empirical basis of the research were materials of judicial and arbitration practice (for example, Ryazhsky District Court of Ryazan Region; Arbitration Court of Moscow; Ninth Arbitration Court of Appeal of Arbitration Court of Moscow; Zavodoukovsky District Court of Tyumen Region; Tyumen Regional Court, etc.), as well as statistical data published on the official websites of business entities (for example, PJSC Mosbirzhi, American consulting firm "Satis Group" LLC and others).Theoretical basis consisted of the works of domestic (A.I. Goncharov, A.O. Inshakova, L.A. Novoselova, A.I. Saveliev, E.E. Frolova, Y.S. Kharitonova and others) and foreign scientists (V. Akella, Bin Ke, Y.K. Dwivedi, Donghui Wu, L. Hughes, S.K. Misra, N.P. Rana, V. Raghavan, Jun Chen, Zhifeng Yang, etc.) in the corresponding field of research.Research results. As a result of the study, it was found that modern remote digital technologies have gained popularity and are already justifying expectations in the information space. Meanwhile, the token market turned out to have a huge number of so-called "scams" - fraudulent projects whose purpose is to raise funds by deception; in reality, such organizers of investments only created the appearance of implementing a project without any intention to put it into practice. It was also found that many authors, both Russian and foreign, in the modern period pay attention to such modern information technologies as distributed registry technology (blockchain) and smart-contract technology. However, in the scientific developments of colleagues there are no recommendations for specific construction of a civil law model of interaction between participants of remote digital transactions in the information space on the basis of a combination of distributed registry (blockchain) and smart contract technologies.Discussion and conclusion. On the basis of modern information technologies it is proposed to organize and regulate the turnover of investment objects in the information space in such a way that the very need to protect rights would disappear since it is impossible to violate them. For the prevention of violations and at the same time the protection of rights it is recommended to use in combination the technology of a distributed register (blockchain) and the technology of a smart contract. Fundamentally important model elements of such a system of violation prevention and protection of rights of participants of remote-digital investment transactions are outlined. The key feature of the proposed Universal Digital Platform for Private Investors is its versatility. It is proposed to combine in one such platform and a financial platform for financial transactions, and an investment platform for the turnover of utilitarian digital rights, and an information system for the turnover of digital financial assets, digital currencies. As standard contractual structures it is recommended to develop standard smart contracts for each object of investment: 1) uncertified securities; 2) digital rights; 3) utilitarian digital rights; 4) digital financial asset; 5) digital currency; 6) futures contract. This task is recommended to be solved by the Bank of Russia through public procurement. Each such standard smart contract, being a computer program, must provide for the possibility of its interfacing with the hardware and software complex of the Moscow Exchange.The article substantiates the necessity of introducing amendments and additions into the Federal Law of 23.12.2003 #177-FZ "On Insurance of Deposits in Banks of the Russian Federation". In conjunction with the proposal of standard smart contracts it is proposed to form their software algorithms with a clear construction of legal structures corresponding to repo and escrow contracts. The new notarial action in the process of registration of remote digital investment transactions and the new legal construction of the transfer of a thing to the notary's security deposit are proposed.It is proved that polysubject jurisdictional block-chain in remote digital transactions on the Universal Digital Platform for Private Investors should be implemented according to a 6-node scheme of interaction between entities operating in and under the jurisdiction of the Russian Federation. Risk factors for the implementation of remote blockchain registration of transactions with special investment objects are highlighted. Among such factors are argued: technical factors; economic factors; institutional factors.It is concluded that the civil law model of prevention of defaults of participants of investment transactions and protection of their rights in a systemic relationship integrates a number of special elements. First, public-private partnership; second, the use of experimental legal regime in the field of remote-digital investment transactions; third, a set of standard smart contracts - differentiated by type of investment objects; fourth, innovative legal structures for remote-digital investment transactions; fifth, polysubject jurisdictional blockchain, implemented by a 6 node scheme of interaction of entities operating in and under the jurisdiction of the Russian Federation; sixth, a methodological set of prevention of potential conflicts between participants of remote-digital investment transactions, a systematic set of ways to protect their rights.
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Troyan, Natalia A. "Information and legal support for the transformation of the system of public power in Russia: problems and priorities." Gosudarstvo i pravo, no. 3 (2022): 117. http://dx.doi.org/10.31857/s102694520019170-8.
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The article examines the actual problems of legal support for the transformation of the system of public authorities in the context of digitalization. The authors made an attempt to legally comprehend from the position of information law the formation of a system of public authority in accordance with the novelties introduced into the Constitution of the Russian Federation in 2020. Particular attention is paid to the issues of information and legal support in the formation of the policy of the Russian Federation, aimed at organizing public authorities, including legislative, executive and judicial authorities at different levels. An analysis of the state of legal regulation in this area indicates the need for theoretical and methodological research of an interdisciplinary nature, the development of new approaches and the development of scientific ideas about the patterns of information and legal support for the formation of a public authority system. The article substantiates the significance for the development of the information space of the Russian Federation of securing a constitutional and legal principle of the unity of the system of public authority for the Russian legal system. In this regard, emphasis is also placed on the growing role of fundamental information and legal research aimed at developing ties and ensuring interaction between bodies that are part of the multi-level system of public authority in the Russian Federation. The authors focus on the fact that in the context of the development of the information (digital) society legal support for the protection of the interests of the individual, society and the state, as well as the creation of the necessary conditions and opportunities for expanding the receipt of reliable legal information by citizens, government bodies and public associations, is of particular relevance. The strategic importance of the development of specialized digital platforms for the formation of a single information space of the public authority system in the Russian Federation is noted. The study made it possible to substantiate the conclusion that it is necessary to develop doctrinal, software-technological, regulatory and organizational foundations to solve the problems of developing a public authority system in the Russian Federation in the field of public administration, law-making, as well as developing a national system of access to legal information in the context of digital transformation.
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Shapovalova, Katerina. "Significance of the interview with detained person in modern legal science and practice." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 155–58. http://dx.doi.org/10.36695/2219-5521.1.2021.28.
Full textAbstract:
The main task of Ukraine as a democratical state is to affirm the rule of law and protect human rights and freedoms. Today, theissues of ensuring human rights and freedoms in the activities of law enforcement agencies remain more relevant than ever, as evidencedby the negative dynamics of increasing the number of decisions taken by the European Court of Human Rights regardingUkraine. A significant number of such decisions concerns violations of fundamental rights and freedoms, including the right to libertyand security of person, the prohibition of torture and other cruel, inhuman or degrading treatment or search. The issue of software forhuman rights, whose freedom is limited, needs special attention. From this position, the introduction of a system of accounting andrecording of actions against a detainee – Custody Records – is of paramount importance for the domestic law enforcement system.Custody Records is a system for ensuring the safety of detainees and staff of temporary detention facilities, which should makeit to record all actions that take place with detainees in the following period: from the moment of actual detention, until the court choosespre-trial detention and release persons in custody. The main task of Custody Records is to improve the standards of protection of therights of detainees by introduction: 1) mandatory «interview» during the submission to the police; 2) electronic recording of all casesconcerning the detained person, starting the moment of his/her actual security; 3) remote external control.«Interview with a detainee» is one of the key innovations of the Custody Records system and is one of the important proceduralissues of the system. The procedure for conducting such an interview remains regulated only at the level of departmental regulations, andthere are no doctrinal studies of this type of the urgent need for normative definition and coverage of the features of «interview with adetainee» in order to regulate the procedure for its conduct at the legislative level. Because, conducting an «interview with a detainee»,wich creates a fixation of data from the words of the person, wich can significantly increase the security guarantee for such people.