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1
Kaiser, Stefan A. "Legal Challenges of Automated and Autonomous Systems." Volume 60 · 2017 60, no. 1 (January 1, 2018): 173–201. http://dx.doi.org/10.3790/gyil.60.1.173.
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With an increasing influence of computers and software, automation is affecting many areas of daily life. Autonomous systems have become a central notion, but many systems have reached only a lower level of automation and not yet full autonomy. Information technology and software have a strong impact and their industries are introducing their own business cultures. Even though autonomy will enable systems to act independently from direct human input and control in complex scenarios, the factors of responsibility, control, and attribution are of crucial importance for a legal framework. Legal responsibility has to serve as a safeguard of fundamental rights. Responsibility can be attributed by a special legal regime, and mandatory human override and fallback modes can assure human intervention and control. It is proposed to establish a precautionary regulatory regime for automated and autonomous systems to include general principles on responsibility, transparency, training, human override and fallback modes, design parameters for algorithms and artificial intelligence, and cyber security. States need to take a positivist approach, maintain their regulatory prerogative, and, in support of their exercise of legislative and executive functions, establish an expertise independent of industry in automation, autonomy, algorithms, and artificial intelligence.
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Shabanova, Sofiia, and Anna Lazebna. "INFORMATION SECURITY OF LABOR LAW SUBJECTS." Journal of V. N. Karazin Kharkiv National University, Series "Law", no. 32 (December 27, 2021): 15–20. http://dx.doi.org/10.26565/2075-1834-2021-32-02.
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Introduction. The processes of digitalization of business, the introduction of new forms of organization of production and labor are much ahead of the settlement of such innovations in the legal environment. Formulation of the problem. The archaic nature of labor legislation in comparison with the trends of the digital economy gives rise to grounds for reducing the level of information security of the subjects of labor relations. The relevance is due to the imperfection of the normative regulation of the basic principles of information security, the obsolescence of labor legislation, the low level of digital culture of the population of Ukraine, resulting in an urgent need to study the information security of labor law. Goal. The study of ways to modernize the mechanisms of information security of employers and employees, caused by the tendency to combine labor relations with information technology. Methods. Theoretical and general scientific (analysis, synthesis, systematization), empirical method (method of comparison). The main results of the study. International legal regulation is significantly ahead of the development of national legislation on information security. The Ukrainian legislator sees this process as illusory, bypassing the scale of technological development and possible "digital" problems. Increasingly, the work process is moving into cyberspace. This trend has created the conditions for the successful development of digital work platforms. Participants in labor relations in Ukraine need to update the mechanisms of protection against information threats related to the digitalization of activities, as well as the modernization of protection of labor rights of employees. In order to create appropriate working conditions, employers must control the work of workers, but in ways that do not violate their fundamental rights and freedoms. Conclusions. The obligation to ensure privacy must be exercised through a single national regulatory framework. Public authorities are authorized to ensure non-interference in the private life of subjects of labor law. It is necessary to establish mechanisms to protect labor relations participants from information threats at the level of a single mandatory legal act and regulate the status of digital labor platforms to protect intellectual property rights, guarantee payment for work performed, prevent the spread of shadow employment.
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Zadorozhnyi, Zenovii-Mykhailo, and Valentyna Yasyshena. "Improvement of the legal and regulatory framework for accounting in non-material production sector." Herald of Ternopil National Economic University, no. 2(92) (March 3, 2019): 123–33. http://dx.doi.org/10.35774/visnyk2019.02.123.
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Introduction. The reforming of accounting in Ukraine, that is taking place in conformity with demands of European and international institutions, requires amendments and additions to the legal and regulatory framework for accounting in public enterprises. Particular attention should be paid to the regulatory framework for accounting expenditures in such enterprises. Therefore, this issue, which is currently of great importance, has to be examined. Purpose. The purpose of the article is to identify areas of improvements relative to planning, accounting, and cost accounting of research and development as well as engineering projects performed by entities of the public sector. Methods. The methodological basis of the study consists of metaphysical and general methods of research. The historical and logical methods are used for describing development stages of non-material production sector and intangible assets. The methods of analysis, synthesis, and grouping are chosen to examine the investment climate in Ukraine compared other countries. Analysis and statistical methods are applied to highlight the current state and growth of research and technology, and to describe the outcomes of scientific and technological activities in Ukraine. The methods of comparison, analysis, induction and deduction are used to provide a rationale for improving the draft of the Model provision for the planning, accounting and calculation of the cost of research and development and engineering work. Results. The article claims that non-material production plays a significant role in the world economy. Its growth means that information, skills, and knowledge and skills have become a primary factor of production in the today’s society. The authors have established the fact that business entities interested in obtaining new knowledge, new technology and new information, have more competitive advantages. In terms of the promotion of science, innovations, research and development, Ukraine is experiencing an ambivalent situation or even undergoing a crisis. It is noted that the global innovation index (hereinafter – the GII) of Ukraine went up until 2017, yet the research and development intensity of GDP was critically low compared with the EU countries. The authors emphasize that efforts aimed at promoting research and development should be made in the following areas: development and improvement of the legal framework, effective financing, R&D personnel retention and promotion, etc. Particular attention is paid to the issue of improving the draft of the Model Provision for planning, accounting and calculation of the cost of research and development and engineering work (hereinafter – the Model provision) No. 830 of 20 July 1996 approved by the Cabinet of Ministers of Ukraine. In order to implement the Model Provision, the Ministry of Education and Science of Ukraine initiated the establishment of a working group for developing a new draft of the legal act. Discussion. Further efforts should be made to improve research activities in Ukraine in various ways, particularly in financing research and development and engineering activities, and personnel retention and promotion. Today, knowledge and skills play a crucial role as a key strategic resource of any company. Businesses and countries gaining new knowledge, new technology and new information have more competitive advantages in the modern society. The authors suggest taking steps to ensure the effective planning, accounting and cost calculation of research and development and engineering work in the public sector entities, and an in-depth study of the issue. These efforts will help to harmonize terminology and to achieve consistency with the existing legislation, and thus will lead to making sound managerial decisions. Improving the draft of the Model Provision for the planning, accounting and calculation of the cost of research and development and engineering work will make it possible to work with foreign investors and take into consideration international accounting standards. All of these steps will help to launch new high-tech and IT technology that is intangible.
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Khanna, Vaibhav. "Let’s Talk About Patent Act, 1970." Journal of Legal Studies & Research 09, no. 04 (2023): 34–44. http://dx.doi.org/10.55662/jlsr.2023.9401.
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The Patent Act of 1970 is a pivotal legislation that has shaped India’s intellectual property landscape and played a significant role in fostering innovation, technological advancement, and economic growth. This abstract provides an overview of the Patent Act, its historical context, key provisions, and its impact on various stakeholders. The Patent Act, enacted in India in 1970, replaced the outdated and restrictive Patents and Designs Act of 1911. It aimed to align the Indian patent system with global standards while addressing the unique needs and challenges of the Indian economy. The Act provided legal protection for new inventions, encouraging inventors to disclose their innovations and contribute to the public domain in exchange for exclusive rights. One of the pivotal features of the Patent Act, 1970 was the introduction of a “process patent” system, which allowed for the patenting of manufacturing processes, thereby stimulating domestic innovation and entrepreneurship. This system also supported the growth of the pharmaceutical industry by facilitating the production of affordable generic drugs. The Act also introduced certain safeguards and limitations to ensure that patents did not hinder public welfare or create barriers to technological progress. It included provisions for compulsory licensing, enabling the government to authorize the use of patented inventions in specific circumstances, such as ensuring access to essential medicines. This provision balanced the interests of patent holders with the public interest. Furthermore, the Patent Act, 1970 established the Indian Patent Office, responsible for granting and administering patents in the country. It provided a framework for patent examination, opposition, and revocation, ensuring a fair and transparent patent granting process. Over the years, the Patent Act, 1970 has had a profound impact on various stakeholders. It has encouraged domestic research and development, leading to technological advancements and increased competitiveness in sectors such as pharmaceuticals, biotechnology, and information technology. The Act has also facilitated technology transfer and collaboration between Indian and foreign entities, fostering innovation ecosystems and attracting foreign investment. However, the Act has not been without its challenges. Critics argue that certain provisions, such as Section 3(d) related to patentability criteria for pharmaceuticals, may restrict access to essential medicines or discourage innovation. There have been ongoing debates regarding the balance between incentivizing innovation and ensuring affordable access to patented technologies.
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Mullon, Paul Anthony, and Mpho Ngoepe. "An integrated framework to elevate information governance to a national level in South Africa." Records Management Journal 29, no. 1/2 (March 11, 2019): 103–16. http://dx.doi.org/10.1108/rmj-09-2018-0030.
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Purpose As an emerging discipline, information governance (IG) presents a number of challenges to organisations and countries. For example, IG has not yet been clearly defined and current proponents present the concepts as records management, information management, enterprise content management, privacy (data protection), freedom of information, corporate governance, information risk, information security and e-discovery, to mention just a few areas. At an organisational level, initiatives focus on one of these aspects, often conflicting with the other elements, and are initiated because of some immediate business challenge, such as the introduction of the Protection of Personal Information Act (data protection or privacy legislation) in South Africa. This is compounded by the fact that the country creates many fragmented policies and pieces of legislation on the same IG aspects which are conducted in a disjointed manner. This study aims to present an integrated IG framework at the country level, comprising key success factors, required instruments (policy and legislation), principles and a proposed list of elements or disciplines, which should be managed in a cohesive manner. Design/methodology/approach This study adopted the Information Governance Initiative’s pinwheel facets of IG to design an integrated framework of elevating IG to country level. The pinwheel helped to identify different facets of information disciplines and the responsible oversight mechanism for implementation in South Africa. The study relied on data obtained through content analysis of policy documents, legislative frameworks, and literature review regarding the identified facets of IG in South Africa. Findings The study established that only some aspects/domains/facets of IG are legislated and driven by policy in South Africa. These domains are at different levels of maturity and different stakeholder groups are responsible for each domain; for instance, the National Archives of South Africa is responsible for records management and the State Information Technology Agency is responsible for information technology, while the newly established Information Regulator is responsible for freedom of information and data privacy. There is generally no over-arching structure responsible for overall IG in South Africa as the elements are fragmented in various oversight mechanisms and institutions. As a result, domains compete for limited resources and often lead to “knee-jerk” responses to legislative, legal or risk drivers. Research limitations/implications It is concluded that if IG is not regulated and modelled at a country level, it is highly unlikely to filter down to organisations. Implementing IG at country level will go a long way in helping to filter it down to an organisation level. Originality/value The study is useful by presenting a framework to ensure that IG is implemented at the country level with a single coordinating body established for oversight mechanisms such as the Information Regulator (which currently has a narrow scope of privacy and freedom of information, although with limited resources).
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Collia, Demetra V., and Roland L. Moreau. "SafeOCS Industry Safety Data Program: An Industrywide Safety Data Management Framework." Journal of Petroleum Technology 72, no. 12 (December 1, 2020): 34–37. http://dx.doi.org/10.2118/1220-0034-jpt.
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Introduction In the aftermath of the Deepwater Horizon oil spill, the oil and gas industry, regulators, and other stakeholders recognized the need for increased collaboration and data sharing to augment their ability to better identify safety risks and address them before an accident occurs. The SafeOCS program is one such collaboration between industry and government. It is a voluntary confidential reporting program that collects and analyzes data to advance safety in oil and gas operations on the Outer Continental Shelf (OCS). The US Bureau of Safety and Environmental Enforcement (BSEE) established the program with input from industry and then entered into an agreement with the US Bureau of Transportation Statistics (BTS) to develop, implement, and operate the program. As a principal statistical agency, BTS has considerable data-collection-and-analysis expertise with near-miss reporting systems for other industries and the statutory authority to protect the confidentiality of the reported information and the reporter’s identify. Source data submitted to BTS are not subject to subpoena, legal discovery, or Freedom of Information Act (FOIA) requests. Solving for the Gap Across industries, companies have long realized the benefits of collecting and analyzing data around safety and environmental events to identify risks and take actions to prevent reoccurrence. These activities are aided by industry associations that collect and share event information and develop recommended practices to improve performance. In high-reliability industries such as aviation and nuclear, it is common practice to report and share events among companies and for the regulators to identify hidden trends and create or update existing recommended practices, regulations, or other controls. The challenge for the offshore oil and gas industry is that industry associations and the regulator are typically limited to collecting data on agency-reportable incidents. With this limitation, other high-learning-value events or observed conditions could go unnoticed as a trend until a major event occurs. This lack of timely data represented an opportunity for the industry and the offshore regulator (BSEE) to collaborate on a means of gathering safety-event data that would allow for analysis and identification of trends, thereby enabling appropriate interventions to prevent major incidents and foster continuous improvement. The SafeOCS Industry Safety Data (ISD) program provides an effective process for capturing these trends by looking across a wider spectrum of events, including those with no consequences.
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Yavor, Olha, Viktoriia Piddubna, and Olena Ruban. "Legal concerns regarding the protection of minors’ personal data in compliance with national legislation and GDPR requirements." ScienceRise: Juridical Science, no. 3(25) (September 13, 2023): 23–34. http://dx.doi.org/10.15587/2523-4153.2023.286647.
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The article highlights the legal concerns surrounding the protection of minors' personal data. The writers have conducted an original study of the sources regulating civil and labor relations in the field of acquiring and using personal data. The expansion and use of information technology and online communications can potentially lead to the violation of personal rights by the owners of personal data, both in workplace settings and in the daily lives of ordinary residents. The purpose of this article is to highlight issues concerning the collection, storage, use, and dissemination of the personal data of a minor, as well as to develop methods to protect the personal data of a child based on a comprehensive analysis of international acts, Ukrainian legislation, unique literature, and case law materials pertaining to the protection of personal data of a minor.
Based on the analysis of national legislation and case law of the European Union, the author concludes that the right to personal data protection is one of the forms of realization of the right to respect for private and family life. The obligation to protect person's rights to processing and storage of his or her private information is a negative obligation on the part of both the State and the owners of personal data.
The article addresses current difficulties concerning the security of children' personal data under current civil and medical legislation in Ukraine and other countries. The provisions of the General Data Protection Regulation, the California Consumer Privacy Act, and Ukraine's "On Personal Data Protection" Law are compared. Possible steps to establish further protection of children's personal data during collection and processing, whether utilizing websites, video games, online purchases, and so on, are proposed.
The paper concludes that state functions should be executed without necessitating individuals' consent for the collection of personal data. Personal data processing should be carried out within the framework and on the basis of Ukrainian laws and regulations, taking into account international conventions in this area. The analysis of methods for safeguarding children's personal data enabled the identification of supplementary avenues for data protection. These include acquiring copies of personal data by both children and their parents, rectifying inaccuracies, completing incomplete data, exercising the 'right to be forgotten' and the 'right to erasure' of personal data, invalidating transactions, and seeking compensation for material and moral damages arising from the unlawful use of personal data
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Davydiuk, Oleksandr. "Economic and legal regulation of the technology subsystem of the National innovation system." Law and innovative society, no. 2 (15) (January 4, 2020): 97–104. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-15.
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Problem setting. The fact of significant technological lag of the national economy of Ukraine from the countries of the European Union and South and North America is obvious. In addition to the economic components of this trend, of great importance is the lack of necessary organizational and regulatory prerequisites for the mass dissemination of technology transfer and development of public relations for their creation, transfer of rights and implementation in the productive sector of the economy. The current legislation that regulates innovation and determines the status of technology, unfortunately, is a branch of law that has been implemented under the influence of global trends in the spread of these processes and is not the result of natural development of society and business practices. Given the leading, initiating role of innovation legislation, the requirements of which create the preconditions for the development of innovative legal relations, legal science faces an extremely important task – to form such an effective and efficient concept of legal regulation of relations that mediate the circulation of technologies that would interest businesses intensive exchange of scientific developments and their more mass bringing to the level of specific production equipment, machinery, machines and mechanisms. Analysis of recent researches and publications in the work were investigated the works of scientists such as Yu. Ye. Atamanova, O. D. Svyatotsky, P. P. Krainev, S. F. Revutsky, S. Yu. Poguliayev, K. Yu. Ivanova, O. V. Hladka, A. I. Denisov etc. Article’s main body. Elements that are part of the technology transfer subsystem: relationships, subjects and objects. Relations that are part of the structure of the technology transfer subsystem of the National Innovation System: (1) Relations within the technology market; (2) Relations within the public-law sector of technology transfer; (3) Relationships involving unorganized ways of creating, transferring and implementing technologies. All entities involved in the technology transfer subsystem of the National Innovative System can be characterized as follows: (a) the author (developer) of the technology; (b) the owner of the object of intellectual property rights (owner of property rights to the object of intellectual property rights) on the basis of which the technology is developed; (c) the recipient of the technology (business entity in which the technology is embodied in the integral property complex); (d) the customer of the technology development process; (e) the state, represented by the authorized bodies of state power, which carries out public administration within the framework of the state technological policy; (f) local governments that, within their competence, influence the specifics of technology transfer within one or more settlements; (g) the investor, the person at whose expense the process of development and further implementation of the technology takes place and is implemented; (h) professional participants (specialized and professional intermediaries), which should include technology brokers, legal entities and individuals providing services related to the use of technology etc. The following forms of technology participation in economic legal relations can act as objects of the technology transfer subsystem of the National Innovative System, namely: (a) material embodiment of technology in the form of an integral technological line and / or experimental design of technology; (b) information implementation of the technology; (c) an integral property complex of the business entity to the production assets of which the technology has already been implemented; (d) technology as an innovative product; (e) technology as an innovative product that is both commodityfunctional and production (industrial) nature. Conclusions and prospects for development. (1) The main areas of improvement of the current legislation of Ukraine regulating relations in the field of technology circulation are: (a) determination of the legal status of subjects and participants of relations related to the creation, transfer of rights and implementation of such objects; (b) creation of normative “tools” for protection of the rights and legitimate interests of subjects and participants of relations related to the circulation of technologies; (c) creation of a normative field that establishes the list and procedure for the functioning of the organizational principles of the technology market (means of state influence, determination of the limits of such influence, the general procedure for implementation). (2) The necessity of adopting an additional new Law of Ukraine “On Technologies in Ukraine”, which will contain all the necessary regulations that will determine the economic and legal mechanism for regulating relations related to the creation, transfer of rights and implementation of technologies and / or its components, which in fact remained outside the subject of regulation of current regulations. (3) It is proposed to enshrine in the current legislation of Ukraine, in a normative document not lower than the level of the Law of Ukraine, an updated concept of the National Innovative System, which would reflect all relevant features of understanding its structure and interaction; (4) To determine in the current legislation of Ukraine the legal status of the technology transfer subsystem as a separate element of the National Innovation System; (5) To fix in the Law of Ukraine “On state regulation of activities in the field of technology transfer” a list of elements of the subsystem of technology transfer of the National Innovation System, for more adequate formation of long-term legislation, which should serve as a guideline for regulatory impact as an integral object of legal regulation by authorized public authorities.
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Le, Tung Son, Thi Hoang Yen Thach, and Van Hong Tran. "Right to access science and technology information in scientific research and innovation activities in Vietnam." Ministry of Science and Technology, Vietnam 63, no. 4 (April 30, 2021): 50–55. http://dx.doi.org/10.31276/vjst.63(4).50-55.
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Science and technology information has been an important driving force in the information society and knowledge economy. Access to scientific and technological information for scientific research becomes an essential need and a factor affecting the quality of scientific research and innovation, thereby posing a problem to establish a legal framework for recognising and enforcing the right to access scientific and technological information. Based on identifying and evaluating the current legal status on the right to access to science and technology information, this study proposes solutions to improve the legal framework to ensure the enforcement of the right to access science and technology information in Vietnam.
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Kabata, Victor, and Francis Garaba. "The legal and regulatory framework supporting the implementation of the Access to Information Act in Kenya." Information Development 36, no. 3 (June 25, 2019): 354–68. http://dx.doi.org/10.1177/0266666919856646.
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This study sought to assess the current legislative framework for access to information in Kenya. Specifically, it sought to establish; firstly, whether supplementary laws have been formulated to support implementation of the Access to Information Act (ATI) 2016. Secondly, whether existing laws that hinder ATI have been amended. Data was obtained, firstly, through literature review that provided background information, and secondly, semi structured interviews were used to collect views from key informants. The study revealed that Kenya’s ATI legal and regulatory landscape is multifaceted. While on the one hand, several sectoral laws have been amended to facilitate implementation of the access law, there are still provisions in Kenyan statute books that impede access to information. Further, the study revealed that plans are underway to formulate an ATI policy and ATI regulations to operationalize the ATI Act 2016. The study concluded that effective implementation of the ATI Act 2016 hinged on the existence of a supportive legislative framework. As such, the study recommended fast tracking of the efforts towards creating a conducive ATI legislative environment.
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Jha, Amaresh, and Anuradha Jha. "Data Encryption Dispute Resolutions under Intermediary Guidelines of Information Technology Act Challenges and Future Framework." DESIDOC Journal of Library & Information Technology 42, no. 3 (April 25, 2022): 201–7. http://dx.doi.org/10.14429/djlit.42.3.17869.
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This study introduces, explores and enlists the challenges of dispute resolution pertaining to data encryption and recommends for a policy framework for systematically addressing the grievances of social media users and intermediaries. Data encryption is essential component of ensuring privacy between the sender and receiver of the message. Any law which asks for the decryption key from the intermediaries to trace the originator of the message requires a deeper understanding of the encryption architecture. It seems that there is a gap in technology and law making pertaining to data encryption which needs to be resolved using a techno-legal framework. The data used in this study stems from an online survey carried out in India by Local Circles. The findings indicate that majority of the Social Media users are in favour of strict regulations. In line with what people think, the intermediary guidelines under the Information Technology Act makes it mandatory for the intermediaries (Social Networking Sites) to comply with the rules. But, there is lack of techno-legal framework to ensure that all disputes pertaining to data encryption and social media regulation will get resolved keeping a balance.
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Umejiaku, Nneka Obiamaka, and Mercy Ifeyinwa Anyaegbu. "LEGAL FRAMEWORK FOR THE ENFORCEMENT OF CYBER LAW AND CYBER ETHICS IN NIGERIA." INTERNATIONAL JOURNAL OF COMPUTERS & TECHNOLOGY 15, no. 10 (July 23, 2016): 7130–39. http://dx.doi.org/10.24297/ijct.v15i10.12.
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Cyber law deals with codified rules that govern the exchange of communication and information for the protection of intellectual property rights, freedom of speech and public access to information in cyber space. Cyber ethics on the other hand is the application of responsible behavior on the Internet. Currently in Nigeria, the Cyber Crime Act was promulgated in 2015 to tackle online offences. This paper examined the legal framework which regulates public access to information in the cyber space in Nigeria. The paper also highlights lapses inherent in Nigerian legal system. Based on the findings, the paper proffers a number of recommendations. It also observes that due to rapid development in technology, law and ethics should be combined to protect the society from the menace of cybercrime.
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Gstrein, Oskar J. "European AI Regulation: Brussels Effect versus Human Dignity?" Zeitschrift für europarechtliche Studien 25, no. 4 (2022): 755–72. http://dx.doi.org/10.5771/1435-439x-2022-4-755.
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The European Commission proposal for a legal framework to comprehensively regulate Artificial Intelligence (AI) came after years of public consultation and deliberation. Most prominently the AI High Level Expert Group (AI HLEG) prepared ethical guidelines and policy recommendations since 2018. While countries such as China and the United States, or international organisations such as the Council of Europe work on legal frameworks to regulate the development and use of AI, the European Commission’s proposal (AI Act or AIA) presented on 21 April 2021 seems to put the Union in the most powerful position to establish regulatory standards with global relevance for a key emerging technology. After shortly summarising the origin, context and main characteristics of the prospective regulation, this article explores whether the ‘Brussels Effect’ will manifest in ground-breaking AI regulation, or whether the Union and its Member States run the risk of hastily adopting an incapable legal framework for a technology whose effects on society are still insufficiently understood. Furthermore, it remains open whether the proposed AIA integrates with existing and emerging legal frameworks, potentially watering down the commitment of the EU to protect human rights and human dignity.
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Kato, Charles Ishengoma. "Legal framework challenges to e-banking in Tanzania." PSU Research Review 3, no. 2 (August 29, 2019): 101–10. http://dx.doi.org/10.1108/prr-06-2018-0016.
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Purpose This paper aims to examine the legal challenges to electronic banking and initiatives taken to address them in Tanzania. It is based on the results of a comparative analysis of policies and laws of other countries from which Tanzania can pick a leaf on how to deal with challenges brought by information and communication technology-induced innovations in the banking sector. Design/methodology/approach The study upon which this paper is based employed comparative analysis methods by analysing different policies and laws of Tanzania in line with attendant laws of other jurisdictions such as the USA, Malaysia, South Africa, Rwanda and Kenya and international instruments in a bid to establish the best practice pertaining to controlling and containing legal challenges brought by developments in electronic banking. Findings This paper confirms that, the prevailing laws guiding electronic banking in Tanzania do not adequately address the challenges the banks and customers face during electronic banking transactions. Thus, there is a need to amend the Tanzanian laws guiding this sector to put in place legislation capable of facilitating the development of electronic banking whilst addressing the associated challenges the users encounter. Originality/value This paper underscores the value of amending existing or enacting new laws in line with the development of technology/innovation to protect consumers in nascent electronic banking of the country. Moreover, it advocates for the development of innovation in banking sector should not be left to grow without amending/enacting laws that will promote its development and at the same time protect the users to avoid far-reaching and often unpleasant implications.
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Saulawa, Mu’azu Abdullahi. "An Overview of the Legal framework of Advanced Fee Fraud and Cybercrime in Nigeria." Hasanuddin Law Review 1, no. 2 (August 30, 2016): 195. http://dx.doi.org/10.20956/halrev.v1i2.304.
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The paper seeks to discuss an overview on the advanced fee fraud offences as well as cybercrime in Nigerian. The aims of the paper focus on discussing the advanced fee fraud under the related provisions of Advanced Fee Fraud Act 2006 on the success of the law in addressing the practices of crimes in relation to information technology. The paper also discusses the cybercrimes in Nigeria with a brief look out on the Cybercrime (Prohibition and Prevention) Act 2015. Further, it also aims at examining the application of the law in the fraud offences which raises an issue of the regulatory framework of the cybercrime. The methodology adopted by the paper is doctrinal approach method wherein both primary and secondary sources of data were analysed, particularly the local laws and other relevant documents. The finding of the paper reveals that the relevant section of the in the Advanced Fee Fraud Act that deals with electronic communication has not been invoked. This is because the discussed relevant law under the advanced fee fraud did not in any away deal with cases concerning electronic communication under section 13. The paper recommends that there is a need to strengthen the adequacy of the legal framework on the Cybercrimes so as to checkmate such practices in Nigeria.
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Saulawa, Mu’azu Abdullahi. "An Overview of the Legal framework of Advanced Fee Fraud and Cybercrime in Nigeria." Hasanuddin Law Review 1, no. 2 (August 30, 2016): 195. http://dx.doi.org/10.20956/halrev.v1n2.304.
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The paper seeks to discuss an overview on the advanced fee fraud offences as well as cybercrime in Nigerian. The aims of the paper focus on discussing the advanced fee fraud under the related provisions of Advanced Fee Fraud Act 2006 on the success of the law in addressing the practices of crimes in relation to information technology. The paper also discusses the cybercrimes in Nigeria with a brief look out on the Cybercrime (Prohibition and Prevention) Act 2015. Further, it also aims at examining the application of the law in the fraud offences which raises an issue of the regulatory framework of the cybercrime. The methodology adopted by the paper is doctrinal approach method wherein both primary and secondary sources of data were analysed, particularly the local laws and other relevant documents. The finding of the paper reveals that the relevant section of the in the Advanced Fee Fraud Act that deals with electronic communication has not been invoked. This is because the discussed relevant law under the advanced fee fraud did not in any away deal with cases concerning electronic communication under section 13. The paper recommends that there is a need to strengthen the adequacy of the legal framework on the Cybercrimes so as to checkmate such practices in Nigeria.
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Petrov, A. S. "Legal Regulation of Cybersecurity of the Circulation of Digital Financial Assets." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (July 11, 2022): 151–57. http://dx.doi.org/10.17803/2311-5998.2022.92.4.151-157.
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The key feature of digital financial assets and other crypto assets is that their circulation is carried out within the framework of an information system based on decentralized ledger technology. In this regard, for the purposes of stability and protection of the rights of investors, ensuring the cybersecurity of such a system is of great importance. The purpose of this article is to study the provisions of Russian legislation in the field of cybersecurity of information systems through which the circulation of crypto assets is carried out, and their comparison with the legislation of foreign countries, primarily France and Malta. As a result, the author concludes that the existing legal regulation in Russia is of a general nature, which hinders the formation and development of the market for digital financial assets in Russia. In this case, the question inevitably arises regarding the specification of legal requirements. In particular, how detailed should the legislation establish technological requirements? It seems that regulation should follow the principle of technological neutrality, that is, establish general requirements and goals, but not provide for the use of any specific technology.
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Thurmudzi, Muhammad Anas, and Krisnadi Nasution. "PENGGUNAAN ONLINE DISPUTE RESOLUTION DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA." Akrab Juara : Jurnal Ilmu-ilmu Sosial 7, no. 1 (February 4, 2022): 38. http://dx.doi.org/10.58487/akrabjuara.v7i1.1754.
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As technology develops, new breakthroughs emerge which are considered more practical and make it easier for parties to settle business disputes out of court using Online Dispute Resolution. The Online Dispute Resolution method has not yet been regulated, meaning that there is a legal vacuum regarding the use of Online Dispute Resolution. This research is legal research. The approach used to answer this legal issue is the statute approach, which is an approach using legislation and regulations. Conceptual approach (conceptual approach) is used to examine and analyze the framework of thought, conceptual framework or theoretical basis of legal issues to be studied.
Based on the results of the analysis of legal materials, it is concluded that the use of Online Dispute Resolution can be carried out where the Article 4 paragraph (3) of ADR Act stipulates that as long as it has been agreed upon by the disputing parties, dispute resolution through arbitration can occur in the form of electronic documents. Then, according to Article 5 of the ITE Act, it states that electronic information and/or electronic documents and/or their printouts are legal evidence. Even so, Online Dispute Resolution has not been able to run optimally because there are no separate regulations, therefore special arrangements regarding Online Dispute Resolution are needed to ensure legal certainty.
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Paschenko, Ilya Yurievich. "The Development of the Information Society in the Russian Federation: digital Information, information Technology and public Administration." NB: Административное право и практика администрирования, no. 3 (March 2022): 58–68. http://dx.doi.org/10.7256/2306-9945.2022.3.38578.
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In the presented work, the author explores the development of the information society in the Russian Federation. Among the main factors influencing the transformation of public administration, the use of digital information and the use of information technologies by public authorities and local self-government are highlighted. The subject of the study is the legal regulation of relations arising in connection with the use of information in digital form and technologies related to its processing for management purposes. The task set by the author is due to the identification of trends in the development of information activities of public authorities. It is noted that in the current conditions, communication between citizens and the state is changing due to the emergence of new management mechanisms. The main hypothesis of the study is that the process of changing the electronic form of phenomena and categories to their more modern analogue in the perception of management subjects, which has a digital embodiment, is fixed. Digitalization did not become an unexpected phenomenon, it was preceded by the process of automation and informatization in public administration. The novelty of the research lies in the theoretical substantiation of the need to establish a continuous information exchange between the state and citizens by providing the population with permanent access to information and opportunities for its independent use, including automated processing. The practical value of the work is due to the consideration of the process of changing the provision of state and municipal services from the perspective of management activities and the new concepts of "superservice" and "monoservice". Conclusions are drawn about the stability of the existing regulatory framework for the development of public administration in the context of the digital transformation of society and the need for timely, point-by-point regulation of information legal relations of a public nature.
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Johan, Suwinto. "Will Data Protection Act Change the Use of Data in Indonesia Financial Services?" Lambung Mangkurat Law Journal 7, no. 1 (February 26, 2022): 1–13. http://dx.doi.org/10.32801/lamlaj.v7i1.297.
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This data science examines a variety of data in order to aid humans in making complex decisions. This science aide’s management in making complex decisions. Artificial intelligence, machine learning, big data, and algorithms all fall under the category. Data science is growing in popularity as a result of the increasing reliance on technology by businesses such as social media companies and financial technology companies. Financial technology companies create applications that allow for the collection of consumer information. This information is transformed into a set of decision-making management tools. This information was easily obtained prior to the Personal Data Protection (PDP) Act's enactment. This tool can assist management in becoming more efficient and effective in their operations. Additionally, this tool can be used to make complex management decisions, such as credit decisions for financial institutions and product marketing to consumers through appropriate advertising. The objective of this research is to examine use of data for business purposes after the enactment of the PDP Act. This study employs a descriptive and legal normative method. This research concludes that enacting the PDP Act will reduce the effectiveness of information processing. However, distinct information protection laws must be developed to improve consumer data protection. Additionally, public education about personal data protection needs to be strengthened. The PDP Act should regulate consumer protection issues and establish independent data protection institutions
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Olujobi, Olusola Joshua, Elizabeta Smaranda Olarinde, and Tunde Ebenezer Yebisi. "The Conundrums of Illicit Crude Oil Refineries in Nigeria and Its Debilitating Effects on Nigeria’s Economy: A Legal Approach." Energies 15, no. 17 (August 25, 2022): 6197. http://dx.doi.org/10.3390/en15176197.
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Nigeria’s oil industry encounters crude oil theft in commercial quantities, which is often exported to neighbouring countries. This has occasioned a loss of revenue and has caused environmental pollution due to oil spillages. There is a need for a stringent legal framework to combat the menace caused by incessant crude oil thefts, pipeline vandalisation by militants, and inadequate maintenance of existing crude oil refineries. The study adopts doctrinal legal research methods and a conceptual approach with the consideration of primary and secondary sources of law, for instance, the Petroleum Industry Act 2021, the Nigeria Extractive Industry Transparency Initiative (NEITI Act 2007, International Conventions, law textbooks and peer-reviewed journals. The justification for using the method was to establish the trustworthiness of the findings on illicit crude oil refineries. The findings reveal that the Nigerian government has lost more than 150,000 barrels of crude oil daily valued at USD six billion as a result of crude oil theft. This has reduced oil revenues, which ought to have added to the national treasury. The Petroleum Production and Distribution (Anti-Sabotage Act) 2007, which proscribes disruption of petroleum products in Nigeria, has not been diligently enforced. There is also an absence of a specific oil and gas legal framework criminalising crude oil theft. Section 3(e)(f)(iv) of the Nigeria Security and Civil Defence Corps Act only offers pipeline security as one of the functions of the corps, without distinctly stating the penalties to be imposed on those damaging crude oil pipelines. The study designs a hybrid model for the renovation of the country’s crude oil refineries. It also advocates the need to redefine legal regimes on illegal oil refineries by amending the Petroleum Industry Act to include specifically illegal oil refineries provision and to effectively criminalise crude oil theft. The implications of the main results are as follows: criminalising crude oil theft and pipeline vandalisation with vigorous punishments will serve as deterrence to others in the sector, increase revenues for the government and reduce environmental pollution.
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Sovrano, Francesco, Salvatore Sapienza, Monica Palmirani, and Fabio Vitali. "Metrics, Explainability and the European AI Act Proposal." J 5, no. 1 (February 18, 2022): 126–38. http://dx.doi.org/10.3390/j5010010.
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On 21 April 2021, the European Commission proposed the first legal framework on Artificial Intelligence (AI) to address the risks posed by this emerging method of computation. The Commission proposed a Regulation known as the AI Act. The proposed AI Act considers not only machine learning, but expert systems and statistical models long in place. Under the proposed AI Act, new obligations are set to ensure transparency, lawfulness, and fairness. Their goal is to establish mechanisms to ensure quality at launch and throughout the whole life cycle of AI-based systems, thus ensuring legal certainty that encourages innovation and investments on AI systems while preserving fundamental rights and values. A standardisation process is ongoing: several entities (e.g., ISO) and scholars are discussing how to design systems that are compliant with the forthcoming Act, and explainability metrics play a significant role. Specifically, the AI Act sets some new minimum requirements of explicability (transparency and explainability) for a list of AI systems labelled as “high-risk” listed in Annex III. These requirements include a plethora of technical explanations capable of covering the right amount of information, in a meaningful way. This paper aims to investigate how such technical explanations can be deemed to meet the minimum requirements set by the law and expected by society. To answer this question, with this paper we propose an analysis of the AI Act, aiming to understand (1) what specific explicability obligations are set and who shall comply with them and (2) whether any metric for measuring the degree of compliance of such explanatory documentation could be designed. Moreover, by envisaging the legal (or ethical) requirements that such a metric should possess, we discuss how to implement them in a practical way. More precisely, drawing inspiration from recent advancements in the theory of explanations, our analysis proposes that metrics to measure the kind of explainability endorsed by the proposed AI Act shall be risk-focused, model-agnostic, goal-aware, intelligible, and accessible. Therefore, we discuss the extent to which these requirements are met by the metrics currently under discussion.
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Postryhan, Tetiana. "Legal regulation of UK science parks." Theory and Practice of Intellectual Property, no. 1 (June 11, 2021): 68–73. http://dx.doi.org/10.33731/12021.234194.
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Key words: science park, science, legal regulation, high technologies, innovation,benefits, taxes
The article reveals important legal aspects of the UK science parks, the creation and operation of scienceand technology parks in Great Britain. The author considers the legislation of GreatBritain on the activities of science and technology parks, technological innovations,tax and other benefits. The author traces the development of legislation governing theactivities of science parks in Great Britain. Innovative structures, their features areconsidered. An analysis of research by scientists on state and legal regulation of highereducation, research institutions, science parks. The author examines the Government'spolicy on the development of the scientific and technical sector of the economyby supporting and encouraging innovation in the scientific and technical sector andthe Question of the Great Britain Science Parks. The UK provides significant governmentsupport to science parks, fosters cooperation and dialogue between industry andacademia in the field of innovation and high technology. In this matter, the state directlyfunds research partnerships between industry and basic science. The statestrategy includes, in particular, the application of direct tax benefits for companiesthat interact with universities to implement high technology, research and development,tax benefits in the field of depreciation, as well as through financial and technicalsupport of leading universities and public laboratories, grants and grants.The author notes the important role in the development of innovation policy in theUK plays the creation of information support for innovation.The author has analyzed the legislation in the field of providing tax-compliant pilgrimsfor education and distribution. Legislation in the field of supply of taxable pilgrimsfor additional and retail outlets is stored alongside a number of regulatory legalacts, the main ones being:• Income and Corporation Taxes Act 1988;• Finance Act 2000;• Finance Act 2002.The author examines the executive authorities that implement state policy tostimulate the development of research and development. The author identifies thatthe UK is creating numerous innovation centers. The article emphasizes that of particularinterest are the model contracts proposed by the Ministry, aimed at the transferor use of ownership of the results of intellectual activity in the field of innovation.The author states that the British model of state support for innovation can be usefulin shaping public policy and creating a legal framework for regulating legal relationsin the field of innovation and the interaction of universities with business to implementresearch and development and high technology.
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AlAtiyat, Mustafa. "Aspects of legal protection of Jordanian Domain Names (.jo)." Al-Balqa Journal for Research and Studies 23, no. 1 (2020): 21–33. http://dx.doi.org/10.35875/1105-023-001-002.
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This study aims to analyze the extent of the legal protection accorded to national Internet domain names (JO.) within Jordanian legislations, in light of the absence of a specialized legislative framework that deals with the concept of these domains, and it’s substantive and formal terms of registration. The study revolves around two problems, First: the Jordanian Electronic Transactions Law is devoid of any legal regulation of these domains. Second: the National Domain Name Registration Policy (jo.) concentrates on the technical aspects, without specifying domain’s concept and the rights of registrants. The study concludes the need of issuing a specialized bylaw which deals with domain’s tenor and terms, in accordance with the “Deployment of Information Technology Resources in Government Institutions Act”, it also recommend the referral of all domain disputes to the rules for Uniform Domain-Name Dispute-Resolution Policy(UDRP).
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Dr. IbtIsam Al Saleh, Dr Fahad Alkasasbeh,. "The Legislative Confrontation Of The Cyber Stalking Crime: A Comparative Study." Psychology and Education Journal 58, no. 1 (January 29, 2021): 833–43. http://dx.doi.org/10.17762/pae.v58i1.835.
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This study examined the legislative confrontation of the cyber stalking crime and focused on how the Jordanian legislator and the comparative regulations confront this modern crime. In addition, the study used the descriptive methodology that relies on describing the legal texts of the legal framework and it also used the analytical methodology in order to reach a correct adaptation of this crime. On the other hand, the study used the comparative methodology when conducting comparison among the comparative legal texts. Accordingly, due to the severe impact of harassment on man and the fact that it is considered the most common and widespread phenomenon after the emergence of information technology, many western legislations have been interested in confronting and criminalizing it in contrast to the Jordanian legislator and the comparative Arab legislations that have not yet examined the text of this crime and the threat is represented mostly in such act. The act threat of harassment that we deal with including the newly developed Arab legislations regarding is concerned in combating cybercrime.
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Nelin, Oleksandr. "Notariat as a factor of forming legal system in Ukraine." Legal Ukraine 7, no. 7 (July 5, 2021): 50–56. http://dx.doi.org/10.37749/2308-9636-2021-7(223)-5.
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The author has studied some theoretical and practical aspects of the notary institution as an independent component of the legal system of Ukraine. It is emphasized that the state has its own national legal framework with inherent legal habits and traditions, legislation and legislative bodies, with formed specific legal mentality and legal culture, all which is consolidated into the notion of «legal framework». In any state the legal framework being an integral part of the legal culture is determined by its historical and legal aspects and is a part of social system of the country. The author specifies that the important role in strengthening the legal framework is played by notary system. A fascinating example could be the efficient adaptation of the notary system to operate under conditions of COVID-19 pandemic. Despite the complex sanitary and epidemiological situation, the notaries continued working keeping to the necessary measures and restrictions as required by the law. The Notary Chamber of Ukraine adopted the decision to create «duty notary offices» that enabled to keep the civil turnover stable. Besides, the Notary Chamber of Ukraine launched an open support line for people and businesses where it was possible to get advice on the notariat issues. The specified service provided the population with the necessary legal support in distant mode when possibility of visiting a notary public in person was limited. Another example demonstrating flexibility and adaptivity of the notary system to certain new conditions is implementation of information technology, creation of a single database of the most important notary acts, which is a new stage in the notarial process associated with the demands of our time. The next stage should be creation of a single computer network of the notary bodies which will not only provide certain information of a notary public or act, but will make the international cooperation of notaries possible. All that will relieve the notarial process of certain drawbacks and will provide strong information protection of the notarial acts performed. The last on this path should be the integration into a single computer network of all the law enforcement and human rights bodies and their cooperation. Emphasis is placed on the need for further scientific research in the field of legislative control of notarial activities. Key words: legal framework, notary system, functions of notary system, electronic notary system (Е-notary system), pandemic, reform of notary system.
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Lipatova, Nadezhda G., and Andrey R. Gladkov. "IMPROVEMENT OF Mechanisms for the Revealing of the Property of the Debtors in the Assurance of the Collection of Customs and Other Payments." Вестник Российской таможенной академии, no. 4 (2022): 89–99. http://dx.doi.org/10.54048/20727240_2022_04_089.
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The article substantiates the need to use information from the state accounting of property when collecting customs and other payments by arresting property. To ensure their use, the composition of mechanisms for identifying debtors' property has been determined, including information resources of state property accounting, legal, organizational and technological mechanisms of information interaction between the Federal Customs Service of Russia and state property accounting authorities. The analysis of the information systems of the state property accounting authorities allowed us to establish that they have information that meets the information needs of customs authorities. However, their use is hindered by the insufficient development of the legal framework, organizational mechanisms and technologies of information interaction between the Federal Customs Service of Russia and the state property accounting authorities. In the interests of developing the relevant legal framework, the article proposes amendments to the legislation and regulations on customs regulation, which allow establishing the principles of information interaction between the Federal Customs Service of Russia and the state property accounting authorities and the forms of documents and information necessary for this. As organizational mechanisms, it is proposed to use interdepartmental agreements on information interaction between the Federal Customs Service of Russia and state property accounting bodies, the basic composition of which includes the definition of key conditions for information exchange, including the subject of the agreement, directions of information interaction, its forms, technological conditions of implementation, the composition of the information provided. Technologies of information interaction of the Federal Customs Service of Russia with state property accounting authorities are proposed to be implemented on a single technological platform of the System of interdepartmental electronic interaction. The proposed mechanisms will ensure the introduction of technology for automatic identification of debtor’s property, create conditions for customs authorities to make objective, legal and operational decisions on the seizure of property when collecting customs and other payments.
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Kravchuk, V. "Foreign experience of personal data protection in social networks." Uzhhorod National University Herald. Series: Law 2, no. 78 (August 31, 2023): 49–53. http://dx.doi.org/10.24144/2307-3322.2023.78.2.7.
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The article analyzes the protection of personal data based on foreign experience. Social networking has been identified as one of the most prominent cultural phenomena to emerge in the Web 2.0 era. They keep users connected and facilitate the exchange of information between them.
The European Union has adopted a new personal data protection system called the General Data Protection Regulation (GDPR). Its main goals include providing individuals with tools to control their personal data, implementing modern standards for the protection of personal information, developing the digital space of the European Union to safeguard personal data, ensuring strict compliance by all parties, and providing legal support for the international transfer of personal information.
United States legislative documents related to aspects of data protection and privacy were analyzed, namely: California Consumer Privacy Act (CCPA); Children’s Online Privacy Protection Act (COPPA); Health Insurance Portability and Accountability Act (HIPAA); State data breach notification laws.
It is noted that China has a comprehensive legal framework that regulates the protection of personal data, and includes the following legal acts: Personal Information Protection Law (PIPL) and Data Security Law (DSL).
Conclusions were made that the urgency and importance of protecting personal data in social networks is due to rapid technological progress, the growth of cyber security threats and the spread of these platforms. By protecting personal data, people can maintain privacy, prevent abuse, maintain user trust, reduce risk, and comply with legal obligations. The issue of ensuring mobility and interoperability in social networks gives particular importance to the protection of personal data, as it relates to this particular data, and not just to technology, as it may be in the telecommunications sector. This requires additional thought and measures to ensure privacy and data security. Therefore, when developing legal protection mechanisms for online social networks, it is necessary to take into account and solve problems related to the protection of personal data.
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Nagaratha, Annappa. "Cybercrime Regulation through Laws and Strategies: A Glimpse into the Indian Experience." International Journal of Digital Law 1, no. 1 (April 30, 2020): 53–64. http://dx.doi.org/10.47975/digital.law.vol.1.n.1.p.53-64.
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Cybercrimes in India is increasing at an alarming rate. Though various legal provisions under the conventional criminal laws including form the Indian Penal Code, could be used to regulate the cybercrimes, yet the changing nature of these crimes necessitated adoption of a new law framework. Thus, the Indian Information Technology Act was enacted in 2000 but seldom could regulate cybercrimes since it focused on promoting and facilitating e-commerce and e-governance. This Act underwent amendment in 2008 to accommodate provisions essential to regulate cybercrimes as well as protect data and privacy on cyber space. In addition to the law, other strategies were designed and adopted to better regulate cyber offences including announcing cyber security policies, constituting institutions to take care of certain concerns including those relating to critical infrastructure information, etc. This paper aims to provide an overview of the approach adopted in India primarily the legal approach adopted to regulate cybercrimes. Additionally, other strategies adopted by India is also reviewed in brief. Despite these, since cybercrimes are technical as well as dynamic in nature, there is a need to constantly review and revise nation’s strategies, which is also one of the objects of this paper.
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Nagarathna, Annappa. "Cybercrime Regulation through Laws and Strategies: A Glimpse into the Indian Experience." International Journal of Digital Law 1, no. 1 (April 30, 2020): 53–64. http://dx.doi.org/10.47975/ijdl/1nagarathna.
Full textAbstract:
Cybercrimes in India is increasing at an alarming rate. Though various legal provisions under the conventional criminal laws including form the Indian Penal Code, could be used to regulate the cybercrimes, yet the changing nature of these crimes necessitated adoption of a new law framework. Thus, the Indian Information Technology Act was enacted in 2000 but seldom could regulate cybercrimes since it focused on promoting and facilitating e-commerce and e-governance. This Act underwent amendment in 2008 to accommodate provisions essential to regulate cybercrimes as well as protect data and privacy on cyber space. In addition to the law, other strategies were designed and adopted to better regulate cyber offences including announcing cyber security policies, constituting institutions to take care of certain concerns including those relating to critical infrastructure information, etc. This paper aims to provide an overview of the approach adopted in India primarily the legal approach adopted to regulate cybercrimes. Additionally, other strategies adopted by India is also reviewed in brief. Despite these, since cybercrimes are technical as well as dynamic in nature, there is a need to constantly review and revise nation’s strategies, which is also one of the objects of this paper.
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Davida, Zanda. "Chatbots by business vis-à-vis consumers: A new form of power and information asymmetry." SHS Web of Conferences 129 (2021): 05002. http://dx.doi.org/10.1051/shsconf/202112905002.
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Research background: The first notable early chatbots were created in the sixties, but the growing use of artificial intelligence (AI) has powered them significantly. Studies show that basically chatbots are created and used for purposes by government and business, mostly in consumer service and marketing. The new Proposal of the Artificial intelligence act aims to promote the uptake of AI and address the risks associated with certain uses of such technology. However, the act contains only minimum transparency obligation for some specific AL systems such as chatbots. Purpose of the article: In light of this issue, the article aims to discuss how existing European Union (EU) consumer law is equipped to deal with situations in which the use of chatbots can pose the risks of manipulation, aggressive commercial practices, intrusion into privacy, exploitation of a consumer’s vulnerabilities and algorithmic decision making based on biased or discriminatory results. Methods: The article will analyse the legal framework, compare guidance documents and countries’ experiences, study results of different consumer behavior researches and scientific articles. Findings & Value added: The article reveals several gaps in current EU consumer law and discusses the flaws of proposing legislation (particularly the Proposal for an Artificial intelligence act) regarding relations between business and consumers.
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Ruskule, Erika. "Water Quality Model Description." Environment. Technology. Resources. Proceedings of the International Scientific and Practical Conference 1 (August 5, 2015): 112. http://dx.doi.org/10.17770/etr2011vol1.917.
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Water wise use and conservation is one of the key prerequisites for economic sustainable development. Accession to the European Union, Latvia is committed to meeting the EU environmental requirements. Water Framework Directive (Directive 2000/60/EC, 2000) is a legal act, which provides water protection and sustainable management principles and tasks of the European Union. It provides uniform protection and management system for all waters: rivers, lakes, coastal waters and groundwater, providing that they must also achieve good water quality by 2015. year. The Directive provides for the identification of the current water situation and to obtain additional information by following the water monitoring and for basic background information to establish an action program to improve water quality. Therefore, the Latvian conditions are important to assess the flow of nutrients, their sources and amounts of Latvian detention basins using existing models and innovations in methods and model systems for the retention of part of the calculation. Therefore, in this publication are offered in various countries of the world models will be useful in Latvian processing of data.
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Semenov, N. S., and S. R. Semenov. "Building information relations in the sphere of mining, cryptocurrency and crypto assets on the example of the Kyrgyz Republic." Law Enforcement Review 7, no. 2 (June 22, 2023): 75–84. http://dx.doi.org/10.52468/2542-1514.2023.7(2).75-84.
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The subject of the research is the study of mining, cryptocurrency, crypto assets in the legislation of the Kyrgyz Republic. Relevance. The relevance of the article is due to the presence of gaps in the field of mining, cryptocurrency, crypto assets in the legislation of the Kyrgyz Republic. The objectives of the article are to analyze the areas of mining, cryptocurrency, crypto assets and identify legal problems, as well as make proposals for improving the national legislation of the Kyrgyz Republic. Methodology. The authors use scientific methods: general methods (analysis, synthesis, induction, deduction, comparison); special methods (legal, comparative legal).Main results. Problems were identified, such as: lack of legal status of crypto assets, cryptocurrencies; lack of legal status of a cryptocurrency exchange operator; the system of risk management in the field of cryptocurrency is not indicated; lack of detailed study of the legal status of mining; subjects of mining, mining objects, classification of mining, standards for conducting financial transactions are not defined; lack of understanding of the nature of cryptocurrencies, crypto assets and virtual assets; lack of licensing and permitting activities in the field of mining, cryptocurrency, crypto assets; the absence of the category of mining, cryptocurrencies, crypto assets in the State Classifier of Economic Activities; lack of legal status of blockchain in the format of a regulatory legal act and etc. Relevant proposals were given: to finalize and adopt a single regulatory legal act (in the form of a law) in the field of crypto assets, cryptocurrencies, since they are interconnected; establish the legal status of a cryptocurrency exchange operator and introduce licensing and permitting activities (obtaining a license from the National Bank of the Kyrgyz Republic); develop and adopt a regulatory legal act (in the form of a law) on mining, with a detailed designation of what mining is, its classification, mining object, mining subjects; understand the nature of cryptocurrencies, crypto assets, virtual assets and understand what they can be attributed to, in particular, to money, a product, a medium of exchange, a universal service or other activity; Enshrine in civil law the concepts of cryptocurrency, crypto assets, virtual assets, including the rights and obligations arising from them; add to the Law of the Kyrgyz Republic "On licensing and permitting activities of the system in the Kyrgyz Republic" paragraph 61 of Article 15 - the activity of mining, cryptocurrency, crypto assets; add a category to the State Classifier of Economic Activities - mining, cryptocurrencies, crypto assets; form a working group at the level of the Cabinet of Ministers of the Kyrgyz Republic to study blockchain technology with areas of application, both in the private sector and in the public sector, including smart contracts and etc.Conclusion. Introduce legal regulators in the field of mining, cryptocurrency, crypto assets in the Kyrgyz Republic in order to avoid possible legal gaps that can lead to negative consequences in relation to the state, ranging from various shadow schemes in the economy that can slow down the digital transformation of the country.
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Vasilevich, G. A. "Concept and types of regulatory legal acts of executive authorities." Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 64, no. 2 (May 18, 2019): 209–19. http://dx.doi.org/10.29235/2524-2369-2019-64-2-209-219.
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The article is devoted to the analysis of the concept and types of normative legal acts of the executive authorities of the Republic of Belarus. These bodies differ in the rule-making activity. Executive authorities through the publication of normative acts within their competence form the national legal system, have an impact on the legal order playing an active role in the implementation of legislative acts of a higher legal level and carrying out its own normative activities. Normative environment depends on their well-timed adoption, this is especially important in a period of intense competition between States. In this regard, the need for deep improvement of the law-making by the Republican Executive authorities is increasing. The law “On normative legal acts” defines the ratio of the legal force of normative legal acts. Unfortunately, there is no mention of the place and role of special acts. They should have a greater legal force than other acts, including, in case of a special law, and in relation to other legislative acts, excluding program legislative acts (program laws and directives). Other proposals are also being made. So, it is specified that acts (joint acts) which are accepted in the form of agreements between executive authorities and trade-union bodies, associations of businessmen should have a special legal force. The task of ensuring the package principle of preparation of normative legal acts has been set out long ago. In this regard, when developing a draft law or other legislative act, defining their concept, the relevant working group should include representatives of the relevant department (usually this is the case). Simultaneously with the process of preparation of the draft legislative act, it is advisable to develop a draft of departmental act. This work could be particularly intensive after the approval of the draft law in the first reading in the house of representatives of the National Assembly. It would be useful to discuss the main provisions of the future departmental act within the framework of the Commission responsible for drafting the draft law, if the need for its adoption arises from the draft law (the same should be done if the government act is to be adopted). The exchange of information between these bodies (Parliament, Government, ministry) can also be organized during the development of a set of acts, using information technology. We believe that the implementation of the idea expressed in the literature on the need to adopt the Administrational (Administrative) code of the Republic of Belarus is overdue.
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BELIKOVA, KSENIA. "TRANSFORMATION OF TRADITIONAL MECHANISMS FOR PROTECTING THE COMPETITIVE ENVIRONMENT UNDER THE INFLUENCE OF NETWORK ECONOMY: THE PLACE OF BLOCKCHAIN IN THE REGULATORY SYSTEM AND NEW COMPETITIVE TOOLS (AGGREGATORS AND PRICE ALGORITHMS)." Sociopolitical sciences 10, no. 5 (October 30, 2020): 76–88. http://dx.doi.org/10.33693/2223-0092-2020-10-5-76-88.
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This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of “transfer” of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.
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Adewumi, Tayewo, and Temilade Jolaosho. "Legal and Regulatory Framework for Digital Credit Providers in Nigeria: Lessons from Kenya’s Digital Credit Providers Regulations, 2022." Strathmore Law Journal 6, no. 1 (November 17, 2022): 93–106. http://dx.doi.org/10.52907/slj.v6i1.175.
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The current issue that affects Sub-Saharan Africa is the proliferation of unlicensed digital credit providers. These digital credit providers employ the use of information and communication technology in making their loan products attractive. Their loan recovery methods are crude and life-threatening coupled with a very high-interest rate. This article discusses the current situation in Nigeria and Kenya. The Nigerian government, through joint action, carried out a raid on these digital credit providers, freezing their bank accounts and ordering that google play store and apple store should remove them from their platforms. Kenya has been able to put these digital credit providers under the regulation of the Central Bank of Kenya. In its press release dated March 21, 2022, the Central Bank of Kenya (CBK) announced the publication by Legal Notice No. 46 of March 18, 2022, of the Central Bank of Kenya (Digital Credit Providers) Regulations, 2022. The Regulations were issued in accordance with Sections 57(1), 57(3), and 57(4) of the Central Bank of Kenya Act (the CBK Act). They provide for the licensing and oversight of previously unregulated Digital Credit Providers (DCPs). The Regulations are now operational This article examines the regulations and concludes by recommending that Nigeria should emulate Kenya by publishing Central Bank of Nigeria Digital Credit Providers Regulations.
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Мочалов, Артур Николаевич. "ON THE ESTABLISHMENT OF THE POSITION OF OMBUDSMAN FOR THE PROTECTION OF HUMAN RIGHTS WHEN USING INFORMATION TECHNOLOGIES IN RUSSIA." Rule-of-law state: theory and practice 18, no. 2(68) (July 4, 2022): 27–39. http://dx.doi.org/10.33184/pravgos-2022.2.3.
Full textAbstract:
The article argues for the need to introduce the position of specialized ombudsman in the Russian Federation, whose competence will include the protection of human rights in the digital space, including the Internet. Purpose: to formulate and substantiate proposals for the establishment of the position of ombudsman for the protection of human rights in the field of information and telecommunication technologies. Methods: the research is based on the comparative legal method. The author analyzes the experience of foreign countries – Australia, Canada, Belgium, New Zealand, where independent state institutions operate to protect the rights of individuals when using information technologies, including the right to information and the right to privacy. The method of interpretation of legal norms and provisions of strategic documents of the Russian Federation is also applied. Results: analyzing Russian practice, the author concludes that federal executive authorities, in particular Roskomnadzor (Federal Service for Supervision of Communications, Information Technology and Mass Media), whose functions include the protection of the rights of subjects of personal data, cannot be considered as analogous human rights institutions. They are not independent and, therefore, cannot take sufficient action if other government agencies act as violators. For this reason, it is concluded that it is advisable to establish a specialized ombudsman.
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Nortje, Jacobus Gerhardus, and Daniel Christoffel Myburgh. "The Search and Seizure of Digital Evidence by Forensic Investigators in South Africa." Potchefstroom Electronic Law Journal 22 (April 25, 2019): 1–42. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4886.
Full textAbstract:
The discipline of digital forensics requires a combination of skills, qualifications and knowledge in the area of forensic investigation, legal aspects and information technology. The uniqueness of digital evidence makes the adoption of traditional legal approaches problematic.
Information technology terminology is currently used interchangeably without any regard to being unambiguous and consistent in relation to legal texts. Many of the information technology terms or concepts have not yet achieved legal recognition.
The recognition and standardisation of terminology within a legal context are of the utmost importance to ensure that miscommunication does not occur.
To provide clarity or guidance on some of the terms and concepts applicable to digital forensics and for the search and seizure of digital evidence, some of the concepts and terms are reviewed and discussed, using the Criminal Procedure Act 51 of 1977 as a point of departure.
Digital evidence is often collected incorrectly and analysed ineffectively or simply overlooked due to the complexities that digital evidence poses to forensic investigators. As with any forensic science, specific regulations, guidelines, principles or procedures should be followed to meet the objectives of investigations and to ensure the accuracy and acceptance of findings. These regulations, guidelines, principles or procedures are discussed within the context of digital forensics: what processes should be followed and how these processes ensure the acceptability of digital evidence. These processes include international principles and standards such as those of the Association of Chiefs of Police Officers and the International Organisation of Standardisation. A summary is also provided of the most influential or best-recognised international (IOS) standards on digital forensics.
It is concluded that the originality, reliability, integrity and admissibility of digital evidence should be maintained as follows:
Data should not be changed or altered.
Original evidence should not be directly examined.
Forensically sound duplicates should be created.
Digital forensic analyses should be performed by competent persons.
Digital forensic analyses should adhere to relevant local legal requirements.
Audit trails should exist consisting of all required documents and actions.
The chain of custody should be protected.
Processes and procedures should be proper, while recognised and accepted by the industry.
If the ACPO (1997) principles and ISO/IEC 27043 and 27037 Standards are followed as a forensic framework, then digital forensic investigators should follow these standards as a legal framework.
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Gering, Thomas. "University Technology Licensing." Industry and Higher Education 9, no. 2 (April 1995): 72–77. http://dx.doi.org/10.1177/095042229500900202.
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In the mid-1980s, European universities began to set up intellectual property (IP) programmes following the models created by US universities. Contrary to widespread opinion, it can be shown that the recently developed patent policies of European universities do not conflict in principle with basic scientific objectives nor with the special legal framework in European countries. However, there is still confusion concerning the motivations for universities to become involved in this aspect of technology transfer and also the economic and strategic potential of such programmes and their effect on higher education in general. European universities still suffer from antitrust policies which severely restrict their opportunities in licensing markets. The argument set out in this article is that they can and should profit from experience in the USA, where universities now have the title to all IP created in government-sponsored research and the right freely to license this IP to industry. Recent evidence regarding the royalties earned, the number of patents granted to universities and the industrial sectors in which these technologies have been exploited provides valuable information for European institutions. Despite its risks, university technology licensing is of strategic importance to university development and can generate substantial income. To achieve these benefits, it is necessary to establish a medium- to long-term policy for the development of the university technology licensing function.
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Suranova, T. G., G. N. Suvorov, and S. S. Zenin. "ETHICAL BOUNDARIES OF THE LEGAL REGULATION OF GENOME SEQUENCING IN RUSSIA AND ABROAD." Russian Clinical Laboratory Diagnostics 65, no. 7 (June 4, 2020): 458–63. http://dx.doi.org/10.18821/0869-2084-2020-65-7-458-463.
Full textAbstract:
The relevance of the chosen topic is due to the need to resolve ethical problems that arise in the framework of legal regulation of genome-wide sequencing in Russia and foreign countries. The purpose of this research is to form ethical principles that should become a reference point for law - making in this area. In order to achieve this goal, we have solved the tasks of studying the normative legal acts of Russia and a number of foreign countries from an ethical point of view. General scientific, private scientific and special methods of scientific knowledge (system-structural, formal-legal) are used. In order to comply with the ethical boundaries of legal regulation, to store access and protect full-genome sequencing data in Russia and foreign countries, it is proposed to develop a set of restrictions that prevent possible discrimination on genetic grounds, to create the necessary conditions for the inadmissibility of disclosure of personalized data, disclosure of information about a genetic disease to the subject and his relatives, as well as the boundaries of editing the genome of a human embryo. For the first time, the authors substantiate the need to establish clear ethical boundaries in the implementation of genome-wide sequencing in Russia based on foreign experience.
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VARSHAMIAN, Tyhran. "Features of the IT sector as an object of tax regulation." Economics. Finances. Law 9, no. - (September 28, 2023): 10–12. http://dx.doi.org/10.37634/efp.2023.9.2.
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The paper examines the peculiarities of the functioning of the IT sector as an object of tax regulation. It has been proven that never before has the information and knowledge created thanks to it been the object of such close attention from the state as a legal regulator. It was determined that the legal regulation of the IT sector can be characterized as a system of normative acts created by state bodies for the purpose of management and control of activities in the information technology sphere. Its main goal is to establish legal, ethical and safe standards that regulate the use of technologies, protect the rights of users, determine responsibility for violations of the rules and contribute to the sustainable development of the IT industry. The growing importance of legal regulation in the field of IT is due to the impact of these technologies on various aspects of life, such as economy, communications, science, medicine, politics, etc. Thanks to legal regulation, the creation of a favorable and safe environment for the development of IT, the preservation of the rights of citizens and the protection of their interests, as well as the support of the innovative potential of this industry are ensured. An analysis of information technology relations, which cannot exist outside the attention of the state, and therefore are the object of legal regulation on its part, thus turning into legal relations, was carried out. The proposed object of tax regulation in IT-legal relations is activity related to the creation, formation, storage, processing, distribution and use of information resources; the development and use of new technologies for working with information, its transmission in communication systems and networks (i.e., activities in the field of creating software products), the result of which is the receipt of income (profit) by subjects of the information technology industry, in connection with which they have tax liability. That is why the object of tax regulation is the activity carried out in the field of the use of information technologies, which leads to the production of IT products and the provision of IT services and has as its purpose the receipt of profit (income), which generates for the subjects of such an industry a tax duty. And the emergence of such an obligation, its fulfillment, change and termination are possible only within the framework of tax relations.
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Akhrem, Т. P. "OBJECTS OF СONCESSION AGREEMENT: LAW ENFORCEMENT PROBLEMS AND WAYS TO OVERCOME THEM." Courier of Kutafin Moscow State Law University (MSAL)), no. 7 (September 16, 2020): 146–52. http://dx.doi.org/10.17803/2311-5998.2020.71.7.146-152.
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The article offers an analysis of the legal norms of the current legislation regarding the definition of the objects of concession agreements. A brief assessment of the amendments to the Federal Law No. 115-FZ “On Concession Agreements” dated July 21, 2005, regarding the inclusion of information technology objects in the list of objects of concession agreements is given. The correlation of general and special norms at the conclusion of concession agreements in respect of several objects is considered. The position on the presence of a gap in legal regulation and the need to establish a list of cases at the level of a sub-legislative regulatory act giving reasons to evaluate the conclusion of a concession agreement for several types of objects for possible prevention, limitation or elimination of competition is substantiated. Peculiarities during the transfer of communal facilities by concession agreement regarding state registration of ownership of these facilities and the term for putting them into operation were revealed. On all issues considered, the author gives examples from judicial practice.
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Feitshans, Ilise L. "Governing Technology: “Nanotechnology Risk Management and Public Health Protection Act” A Harmonized Approach to Promoting Innovation While Protecting Global Health." Nanomedicine & Nanotechnology Open Access 8, no. 2 (2023): 1–13. http://dx.doi.org/10.23880/nnoa-16000229.
Full textAbstract:
Nanotechnology is globally in food, clothing, aviation, transport, housing construction, weaponry, medical devices, new medicines and outer space exploration. Since risks associated with the new technology emerge slowly there is time to create a rational global oversight mechanism that promotes innovation and protects public health, Because no commercial product is made entirely in the same place from start to finish without any components from other nations, nor is it marketed only in the place where it was made, innovators, must catalogue a multitude of laws and drill down into key subjects across jurisdictions1 in order to comply with law2 and thus soon find their compliance efforts in a swamp of legal documents, regulations and guidance without a compass to figure out which regulatory path works best or is appropriate. This plethora of laws, regardless how well intended, creates disinformation and blocking both public education and the free flow of commerce. This article proposes an international nano-risk governance framework with a bioethics commission, empowered to examine questions about nanotechnology and its commercial applications and to disseminate information to the general public. The “Nanotechnology Risk Management and Public Health Protection Act” fills a void in the nanoregulatory landscape, where information is plentiful but trustworthy sources are rare.
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Drummer, Daniel, and Dirk Neumann. "Is code law? Current legal and technical adoption issues and remedies for blockchain-enabled smart contracts." Journal of Information Technology 35, no. 4 (August 5, 2020): 337–60. http://dx.doi.org/10.1177/0268396220924669.
Full textAbstract:
Blockchain technology has enabled so-called smart contracts between different parties on a decentralized network. These self-enforceable and self-executable computerized contracts could initiate a fundamental paradigm shift in the understanding and functioning of our legal practices. Opportunities for their application are increasingly understood, and numerous tests of feasibility have been completed. However, only very few use cases have yet been implemented at scale. This article—as the first of its kind—comprehensively analyzes the underlying challenges and locates a key reason for the slow adoption in the discrepancy between legal requirements and IT capabilities. Our work combines a wide range of academic sources and interviews with 30 domain experts from IT, the legal domain and private industry. First, we establish that smart contracts still fall within the boundaries of the general legal framework. We then systematically dissect current shortcomings of smart contracts on three distinct levels, namely, (1) how smart contracts are likely to cause conflicts with existing laws, (2) how smart contracts are intrinsically limited on an individual contract level and (3) how they are impeded by their current technical design. Across those levels, we dissect 20 distinct issues concerning the current implementation of smart contracts for which we derive potential remedies. We further outline implications for policy-makers as well as IT management, and examine how information systems research can play an important role in advancing smart contracts. Finally, we show how managerial and organizational issues might represent an ongoing challenge for the widespread adoption of smart contracts.
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Murodov, Bakhtiyorjon, and Nodira Khushvaktova. "COOPERATION WITH THE PUBLIC IN THE INVESTIGATION OF CRIMES IN THE SPHERE OF INFORMATION TECHNOLOGIES." Review of Law Sciences 6, no. 3 (October 10, 2022): 65–75. http://dx.doi.org/10.51788/tsul.rols.2022.6.3./brwo6799.
Full textAbstract:
The article is devoted to the investigation of crimes in the field of information technology, which are becoming more and more dangerous in our society and are relatively new to the practice of law enforcement agencies. This article directly analyzes the dynamics of growth and current statistics of crimes committed with the help of information technology, the indicators of detection of investigated crimes in this area. The article also substantiates the necessity and conditions for the interaction of investigating authorities with the public in the investigation of crimes committed with the help of information technology. In the article, the authors describe the international legal framework and the importance of cooperation between the investigative authorities and the public in pre-trial proceedings. In particular, today there is an objective need to establish cooperation with financial institutions, banks, mobile operators, Internet providers, and payment systems to detect, investigate and prevent crimes committed using information technology. At the same time, the need for the Central Bank to create a single base for interaction with law enforcement agencies of the country is substantiated. The authors of the article analyze the problems associated with the involvement of specialists in the investigation of this category of cases and make a number of proposals to address these issues.
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Ali, Ashraf, Ilyas Khan, and Sobia Bashir. "NEED OF INTERNATIONAL LEGISLATION REGARDING CYBER CRIMES: PAKISTAN PERSPECTIVE." Pakistan Journal of Social Research 04, no. 02 (June 30, 2022): 1136–44. http://dx.doi.org/10.52567/pjsr.v4i2.608.
Full textAbstract:
This research study focused on computer and internet have benefitted man immensely but have also simultaneously begotten cybercrimes having serious implications on society. The international community is seriously concerned about the surge of cybercrimes. Inadequacy of domestic cyber laws and lack of international cooperation in the field hamper to fight this menace. The difficulty to establish jurisdiction in the ubiquitous and borderless cyberspace, while investigating and prosecuting cybercrimes, further adds to the issue. Current domestic laws governing cybercrimes in many states are weak to combat cyber offenses. The conventional legal mechanisms cannot cope with the adverse aftermath of the mushrooming Information Technology which renders the cyberspace a sanctuary for criminals who torment the unwary internet users. Prosecuting these anonymous and veiled offenders require appropriate legal framework at national and international level. Some international institutions like UN and other organs are striving to fight cybercrimes and likewise the Council of Europe has introduced an international treaty in this regard. It is the only available treaty about cybercrimes with many benefits for the member states. This research article has also focused on the grey areas in domestic criminal laws relating cybercrimes in a global perspective. The study concludes that Budapest Treaty is the best international legal framework to fight cybercrimes and needs the comity of nations to ally with. Keywords: Cybercrime, Cyberspace, Cyberlaws, Jurisdiction, Pakistan
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Smachnyi, Vitalii. "Development of organizational mechanism for local communities cooperation." Public administration and local government, no. 4(43) (December 25, 2019): 129–38. http://dx.doi.org/10.33287/101917.
Full textAbstract:
The article is devoted to the analysis of regulation of cooperation of local communities as a component of the organizational mechanism of cooperation. It is revealed that such document as a Regulation is a legal act that defines an administrative procedure (administrative procedures). The Regulations define the mandatory requirements for administrative processes and their components in the amount and forms that allow ensuring effective implementation of their competence by the local governmental body, its structural units and officials.
The general principles for developing administrative procedures by the Regulations, including Regulations on cooperation are considered. It is determined that in order to optimize and modernize the performance of cooperation functions, any Regulation on cooperation should ensure: unification and universalization of the procedure for implementation of cooperation functions by local communities within their tasks; optimization of performance indicators on cooperation tasks; elimination of unnecessary administrative actions and procedures within the framework of cooperation; simplification of administrative procedures in the implementation of cooperation; reducing the period of administrative actions and procedures in the process of interaction of local communities; elimination of unjustified actions at the discretion of bodies or officials within the framework of cooperation; removal of unjustified burden on local communities that act within the framework of cooperation.
It has been researched that the Regulations on cooperation establish administrative procedures for cooperation of local self-government bodies.
It is revealed that the Regulations on cooperation of local communities should provide the following procedures: exchange of information on planned activities and decisions on cooperation tasks; developing coherent approaches in the preparation of draft regulatory acts within the cooperation objectives; ensuring additional control over the processes of formation, implementation and responsibility for agreed programs and projects within the cooperation objectives; coordination of practical actions of the relevant local self-government bodies within cooperation tasks.
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SELMANI, Arta, and Julinda ELEZI. "Assisted Reproduction and Reproductive Rights - Comparative Aspects between Republic of North Macedonia and Republic of Kosovo." PRIZREN SOCIAL SCIENCE JOURNAL 4, no. 3 (December 31, 2020): 52–60. http://dx.doi.org/10.32936/pssj.v4i3.197.
Full textAbstract:
Developments in science and technology have, among other things, challenged the family. Human values, which change in step with this technological progress, have faced many legal, moral and ethical dilemmas which await answers from the science on bioethics. We are in such a situation when we discuss about many advances in contemporary and national family law, including new forms of family reproduction that differ from a natural process of child conceiving. The authors in this paper bring comparative aspects of biomedical and family legislation of the Republic of North Macedonia and Republic of Kosovo. Among other things, they emphasize that given the traditional and biological model of the family in our society, new reproductive forms are a very reserved topic in the family and biomedical field, but it awakens a curiosity of discussions on ethics, philosophy and legal regulation of reproduction of human beings in both countries. The numerous stereotypes that prevail in the society of both countries regarding the application of artificial reproduction technology methods are contrary to many legal and medical justifications for couples who do not have the opportunity to become parents in a biological (natural) way.
Therefore, the purpose of the authors is to provide accurate and grounded information through this text about the legal framework and medical options available to all persons who wish to exercise their reproductive right to establish a family.
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Gherman, Cristian, Ovidiu Chiroban, and Dan Perju-Dumbrava. "THE ETHICS OF THE RELATION BETWEEN THE CONVICTED PATIENT AND THE PHYSICIAN." Medicine and Pharmacy Reports 89, no. 4 (October 28, 2016): 474–79. http://dx.doi.org/10.15386/cjmed-628.
Full textAbstract:
Backgrounds and aims: Approaching the convicted patient is a topical issue in terms of alignment with EU provisions and recommendations, more so in the context of year by year increase in the number of convicts and consequently, prison patients. The prison patient exhibits increased vulnerability in regard to the rest of the convicts due to his/her medical status overlapping personality changes induced, while coping with a new environment. This represents a challenge for the physicians involved in the expertise process, which must act objectively within the limits and by the principles of professional ethics, while confronting a patient influenced by the prison environment.Methods: We studied the existing legal and ethical framework concerning the expertise in view of sentence postponement/interruption on medical grounds and made a comparison between the theoretical information available and the “real life” situations encountered in our experience at the Institute of Legal Medicine Cluj-Napoca. Following this step we tried to establish some principles needed to optimize health care in the penitentiary system by detecting and sanctioning situations of deceptive behavior, doubled or not by simulation and over-simulation.Results: Convicts present pathologies documented in medical records, but accuse new symptoms that could suggest a new pathological condition. During the expertise, convicted patients emphasize their symptoms and/or claim new symptoms unrelated to their documented medical condition. Convicts submit repeated requests for which treatment solutions within the NAP healthcare system had been already formulated.Conclusion: The patient must be properly informed about the steps to be taken and duration expected in performing a legal medicine expertise in pursuit of sentence postponement or interruption for the treatment of a medical condition that cannot be properly addressed within the NAP sanitary system. Information should come from authorized sources. Efforts to determine unauthorized sources (mainly "experienced" detainees with records of unsubstantiated demands) are surely beneficial.
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Кобец, П. Н. "PROSPECTS FOR IMPROVING THE CRIMINAL LEGAL REGULATION OF PUBLIC RELATIONS IN THE FIELD OF INFORMATION TECHNOLOGIES." Vestnik Samarskogo iuridicheskogo instituta, no. 1(52) (July 25, 2023): 54–62. http://dx.doi.org/10.37523/sui.2023.52.1.008.
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Быстро развивающиеся информационно-телекоммуникационные сети выступают в качестве важнейшего из условий увеличения количества преступлений, совершаемых в сфере информационных технологий. Поэтому в качестве цели проведенного исследования выступила необходимость изучения современных подходов по совершенствованию правового регулирования в сфере информтехнологий. В ходе теоретического анализа научных исследований российских специалистов, последних лет, а также отечественной нормативной правовой базы, связанной с информационными технологиями, автором делается ряд выводов. Так, перечисленные в отечественном уголовном законодательстве уголовно-правовые составы недостаточно адаптированы к некоторым видам противоправных посягательств, которые совершаются в настоящее время в сфере информационных технологий. Кроме того, в настоящее время отсутствует законодательное определение преступных посягательств, связанных с IT-технологиями. Поэтому для успешного разрешения большинства возникающих проблемных вопросов в сфере информтехнологий следует сформулировать единые подходы к определению рассматриваемого понятия. Новизной отличается авторская позиция относительно современных подходов совершенствования правового регулирования в сфере информтехнологий. Практическая направленность проведенного исследования выражается в том, что полученные в процессе исследования результаты могут использоваться в дальнейшей работе по повышению эффективности уголовно-правового реагирования на преступления в области информационных технологий. Rapidly developing information and telecommunication networks act as the most important condition for the increase in the number of crimes committed in the field of information technology. Therefore, the purpose of the study was the need to study modern approaches to improve legal regulation in the field of information technology. In the course of a theoretical analysis of scientific research by Russian specialists, conducted mainly over the past four years, as well as the domestic regulatory legal framework related to information technology, the author draws a number of conclusions. So, in particular, the criminal offenses listed in the domestic criminal legislation are not sufficiently adapted to certain types of illegal encroachments that are currently being committed in the field of information technology. In addition, at present, there is also no legislative definition of criminal encroachments related to IT technologies. All of the above can lead to the fact that it will be more and more difficult to fight crime in the field of information technology, since there will be no unified doctrine of the crimes in question, without which it is very difficult to carry out effective law enforcement and law enforcement work. Therefore, only the formulated unified approaches related to the definition of the term under consideration will successfully resolve most of the emerging problematic issues in the field of information technology. The novelty is the author's position regarding modern approaches to improve legal regulation in the field of information technology. The practical orientation of the study is expressed in the fact that the results obtained during the study can be used in further work to improve the effectiveness of the criminal law response to crimes in the field of information technology.