Journal articles on the topic 'Computer games – Law and legislation'
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1
Kiryshina, Irina. "Advertising in Video Games: Legal Qualifications." Legal Linguistics, no. 22(33) (December 27, 2021): 41–47. http://dx.doi.org/10.14258/leglin(2021)2208.
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The article is addressed to the legal analysis of advertising placed in video games. Topical issues of the concept of advertising are touched upon from the point of view of its compliance with the legal definition enshrined in the Federal Law "On Advertising". There has been analized the distribution of advertising in video games, such as ads embedded in game content, including "product placement". In Russian legislation, there is an analogue of this
category which is defined by the legislator as “references to a product, means of its individualization, about a manufacturer or seller of a product, which are organically integrated into works of science, literature or art”. The conclusion is made about the possibility of qualifying this technique as an advertisement in the absence of a sign of "organic integration". The examples of judicial and law enforcement practice of inorganic integration are considered. In such cases, the disseminated information is recognized as advertising, in respect of which the requirements of advertising legislation regarding restrictions on advertising of tobacco and alcohol, weapons and a number of other goods must be observed. There are special requirements for video games for minors in order to protect their rights. The author presents the position regarding the qualification of targeted advertising from the point of view of its compliance with such a sign of advertising as being addressed to an indefinite group of people. The conclusion is supported by the argument that personalization of an advertising message does not exclude its qualification as an advertisement. The problem of advertising distribution in computer games, including multiplayer games, carried out via the Internet, where obtaining the preliminary consent of the online game user to receive advertising is achieved by including this condition in the user agreement, is investigated. The conclusion is made about the need to improve legal regulation in the studied field.
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Liesching, Marc, and Christoph J. M. Safferling. "Protection of Juveniles in Germany – A Report on the New Legislation." German Law Journal 4, no. 6 (June 1, 2003): 541–57. http://dx.doi.org/10.1017/s2071832200016217.
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In April, 2002, a 19 year-old pupil ran amok in a high school in Erfurt, killing several teachers and fellow pupils. The young man was reported to have played computer games, in particular games known as “ego-shooter,” quite excessively. These tragic events fueled the plans of the German government and the Federal states to reform the law for the protection of children and young persons. The legislative machinery issued new legislation at a rather impressive pace. Only one year after the tragedy in Erfurt, on 1 April 2003, two major legal documents entered into force: the Jugendschutzgesetz (JuSchG – Juvenile Protection Act) of the Federal government and the Jugendmedienschutz-Staatsvertrag (JMStV – Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media). This complicated two-fold structure stems from the federal nature of the German state where the competence to legislate is divided between the Federal Government and the individual Laender (Federal States). The latter, in order to achieve uniformity among themselves and reaching the breadth of the Germany territory, must cooperate and legislate in the form of an interstate agreement. The JuSchG regulates mainly the protection of juveniles in the public and limits the distribution of items, which have been determined to be dangerous, like printed material, videos, DVDs or CD-Roms. In contrast thereto the JMStV pertains to the protection of juveniles in the radio broadcasting industry and in the so called “Telemedia,” in particular the internet. In the following, we will give a short overview of the developments wrought by these new laws.
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Talan, Maria V., Anton E. Shalagin, and Almaz D. Idiyatullov. "Legal regulation of liability for offenses related to inducement to suicide: Domestic and foreign experience." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 1078–98. http://dx.doi.org/10.21638/spbu14.2022.415.
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In this work, a team of authors tried to analyze the current state of legal regulation of acts related to suicide under Russian and foreign criminal legislation. For this, historical, comparative legal, comparative and systemic-structural methods were used. The study reflects the evolution of beliefs about suicide. It is noted that the legislation of more than 160 countries contains provisions on liability for criminal involvement in the suicide of another person. More than 38 legal systems do not mention suicide as a criminal institution. Particular attention is paid to five groups of crimes associated with suicide. The first group includes responsibility for attempted suicide, which is punishable in more than 24 countries around the world. The following contains a wide list of acts related to the inducement of suicidal behavior in the form of: driving to suicide or attempted suicide, inducement to commit suicide (incitement) or assistance in committing it (assistance, aiding, advice, consultation). The third group is made up of norms that consider these acts as one of the types of murder or incitement to it. The fourth group contains corpus delicti with responsibility for disseminating information about methods of committing suicide, promoting suicide and public calls for its implementation. The last group contains privileged compounds with responsibility for euthanasia. The article reveals the features of new types of criminal activity carried out by spreading suicidal ideology on the Internet, persuading children and adolescents to commit suicide by negative information impact and drawing them into computer games that pose a threat to life and health. The article reflects the relationship of suicide with cyberbullying, cyber-harassment, as well as with the illegal activities of destructive criminal organizations (sects), extremism and terrorism. The necessity of further improvement of criminal law mechanisms for protecting individuals from criminal encroachments and anti-suicidal measures is substantiated.
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Butkevich, S. A. "PREVENTION OF THREATS TO MENTAL SECURITY: LEGAL, CRIMINOLOGICAL AND PSYCHOLOGICAL-PEDAGOGICAL TOOLS." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 310–22. http://dx.doi.org/10.37279/2413-1733-2021-7-2-310-322.
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The article considers the current threats to the mental security of the individual and society. In particular, the main attention is paid to characterizing the real and potential consequences of excessive enthusiasm for computer games, the distribution of shock, dangerous and harmful content in the information space, censoring by social networks and other new media of information on various Internet platforms in the corporate interests, as well as the functioning of the shadow segment of the Internet. The study of the provisions of foreign legislation and Russian normative initiatives, the systematization of scientific views on this issue and the content analysis of publications on Internet resources allowed not only to reveal the specifics of information and cybernetic threats to mental security in modern conditions, but also to prepare author’s proposals and recommendations for improving the system of criminological prevention of their determinants, psychological and pedagogical impact on adolescents and young people in order to minimize (level out) the consequences of the negative influence of the information and telecommunications environment on the mental, physical and social development of the individual. The results of the research can be used in rule-making, law enforcement, psychological and pedagogical practices.
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Farmaki, Despoina. "Copyright protection of video games: a comparative study." Interactive Entertainment Law Review 5, no. 2 (December 30, 2022): 107–21. http://dx.doi.org/10.4337/ielr.2022.02.04.
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Abstract The legal nature of video games in terms of copyright is hard to determine. Video games are highly interactive multimedia that are made up of individual elements that are the ‘product’ of creative effort and expertise. Video games are also complex multimedia works that combine video, music, art and characters. There is a debate on which work is qualified to be copyright protected: is it the video game as a whole or the individual elements of it? To question further, under which category of protected works should they be classified? This article will shed light on the above considerations by employing a combination of doctrinal and comparative analyses. European and national legislation and case law will be analysed, with particular emphasis on four national jurisdictions: Germany, France, Greece and the UK. The article discusses the divergent opinions among academics, national and European case law, and will suggest that copyright registration of video games would provide more clarity.
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Blume, Peter. "Computer crime legislation in Denmark." International Review of Law, Computers & Technology 3, no. 1 (January 1987): 153–57. http://dx.doi.org/10.1080/13600869.1987.9966261.
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Kempton, Nick. "Interaction of EU and UK copyright in a post-Brexit world: will video games get more protection than they bargain for?" Interactive Entertainment Law Review 3, no. 2 (December 23, 2020): 131–37. http://dx.doi.org/10.4337/ielr.2020.02.05.
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The UK's approach to copyright and its adoption of a closed list of categories of work has led to unforeseeable gaps in protection in video games and fails to recognize the intellectual creativity that has gone into various elements of a video game, such as in-game animation. However, the CJEU's decision in Cofemel (C-683/17) has sought to harmonize copyright in the EU and provides two simplified requirements for subsistence of copyright allowing for expansive protection and open ended categories of work. This decision broadens out copyright in a way which may fill in some of the gaps of protection for video games but at what cost? This article explores how Cofemel might impact the video games industry in practice, as well as the ways in which the UK courts might address Cofemel in light of its direct conflict with UK legislation at a critical political time where the UK is about to depart from the EU.
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Nycum, Susan H. "Computer Crime Legislation in the United States." Israel Law Review 21, no. 1 (1986): 64–89. http://dx.doi.org/10.1017/s0021223700008906.
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Thirty-three states have enacted statutes that encompass in some way what is referred to in this paper as “computer crime”. In some states, computer crime laws are referred to as such only because of the inclusion of the word computer in some general provision. In others, complex and specific statutes exist.Each of the computer crime state statutes presently in effect has its own peculiar combination of a variety of possible offenses. The bulk of the statutes proscribe as computer crime a core set of activities such as accessing, altering, damaging or destroying a computer with the intent to devise or execute any scheme or artifice to defraud or deceive. This “computer crime”, and a few others to be outlined later, are found in a majority of the state statutes with some individual variations. This paper presents a list of computer crimes common to many of the statutes, describes variations in those crimes and examines in more detail the unusual crimes.
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Lastowka, Greg. "Law and Games Studies." Games and Culture 1, no. 1 (January 2006): 25–28. http://dx.doi.org/10.1177/1555412005281420.
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Al-Billeh, Tareq, and Hamzeh Abu Issa. "THE CRIMINAL LIABILITY FOR VIOLENCE ACTS THAT OCCUR DURING SPORTS GAMES IN THE JORDANIAN LEGISLATION: THE CONSIDERATENESS OF THE SPORTS GAMES RULES." Journal of Southwest Jiaotong University 57, no. 5 (October 30, 2022): 585–97. http://dx.doi.org/10.35741/issn.0258-2724.57.5.47.
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The research cured the issue of the criminal liability for acts of violence that occur during sports games in Jordanian legislation, where it highlighted the fact that, in the Jordanian Penal Law, the Jordanian legislator authorized cases of violence that occur during sports games if the rules of the sports game are observed, and this considerateness was treated as a reason for justification, whereas the research dilemma lies in the lack of legal provisions for the legal effect of misuse of sports games. The research concluded with many results and recommendations, the most important of which is the need to add new legal provisions to the Penal Law that include the legal impact of the misuse of sports games and demonstrate the cases of infringement of the norms and rules of sports and the extent of the criminal intent of some participants in the sports game, in addition to an indication of the penalty limit imposed on cases of infringement of the right established under the provisions of the law.
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Turitsyn, Dmitry. "Real law of virtual worlds: russian approach to regulating contractual relations between a player and an operator of multiplayer online game." SHS Web of Conferences 106 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202110602003.
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The widespread dissemination of Massively Multiplayer Online (MMO) games causes new problems not only in the technical field, but also in the field of law. A number of countries have successfully implemented provisions in their legislation governing the legal relationship between players and distributors of online games. However, most states have left this question unresolved. Based on the real cases, this article examines the judicial practice of resolving disputes between players and operators of MMO games in the Russian Federation. The author shows a real picture of the current state of contract law governing relations in the field of the gaming industry and the position of courts in this matter. It substantiated the conclusion on the duality of approaches to solving the question of the nature of contractual relations depending on the subject going to court in Russia. It shows the imperfection of Russian civil law in this area.
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James, Mark, and Guy Osborn. "The Sources and Interpretation of Olympic Law." Legal Information Management 12, no. 2 (June 2012): 80–86. http://dx.doi.org/10.1017/s1472669612000278.
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AbstractIn this article, Mark James and Guy Osborn discuss how the relationships between the various members of the Olympic Movement are governed by the Olympic Charter and the legal framework within which an edition of the Olympic Games is organised. The legal status of the Charter and its interpretation by the Court of Arbitration for Sport are examined to identify who is subject to its terms and how challenges to its requirements can be made. Finally, by using the UK legislation that has been enacted to regulate advertising and trading at London 2012, the far-reaching and sometimes unexpected reach of Olympic Law is explored.
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Webber, Nick. "Law, culture and massively multiplayer online games." International Review of Law, Computers & Technology 28, no. 1 (January 2, 2014): 45–59. http://dx.doi.org/10.1080/13600869.2013.869919.
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Truby, Jon. "International Investment Law, Trade in Services and Customs: Legislative Strategies for States Hosting International Competitive Events." Global Trade and Customs Journal 12, Issue 1 (January 1, 2017): 39–45. http://dx.doi.org/10.54648/gtcj2017006.
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Any nation hosting a mega sports event faces an onerous and pressing legislative task with an inflexible deadline to introduce or amend essential legislation in order to accommodate the many demands of the event. The requirements of international investors and the laws governing trade in services all need due consideration prior to the execution of such an event. Never before have the demands of legislative reform been more pressing than on the State of Qatar in its mammoth efforts to host the 2022 FIFA World Cup QatarTM, with a 2017 deadline to do so. The demands on a host nation to enact adequate Enabling Legislation adequate to deliver a mega sporting event are so significant and require such accuracy that before even considering what type of legislation should be passed, lawmakers must strategize as to their method of enacting wide-ranging, reformist and potentially contentious legislation. In the context of the FIFA World Cup Qatar and other mega sporting events, this article evaluates the variety of possible legislative strategies for enacting the legal reforms required to host such an event. It does this by considering how previous tournament hosts, including South Africa, Russia and Brazil have undertaken this, as well as how London managed with the Olympic games. It then considers how best these laws can be passed to include also laws that would leave a positive legacy for the host nation. Finally it considers how the use of emergency legislation could have a detrimental affect on the host nation, and warns against overruling certain constitutional freedoms and rights.
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Vasiliev, A. A., E. A. Remmikh, and V. А. Borisov. "TAX PECULIARITIES OF COMPUTER GAMES’ PRODUCERS. PROSPECTS FOR ESTABLISHING A NEW “DIGITAL TAX”." Russian-Asian Legal Journal, no. 4 (December 23, 2020): 13–19. http://dx.doi.org/10.14258/ralj(2020)4.3.
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In the article the taxation mechanisms of computer games implementation, both by foreign anddomestic developers, are discussed in detail. The legislation development dynamics in this area and legislative possibilities are analyzed as well as legal nature of contracts, which mediate the relationshipbetween the games end users and their producers, is raised. With reference to this issue, one of the casesthat is the most illustrative of the contracts qualification problem and the impact of such qualification on thetaxation mechanism are analyzed. In addition, considerable attention is paid to the study of the mechanismfor calculating the “Tax on Google” and the consequences of its implementation. A legal assessment of theintroducing the new “digital tax” possibility with expert opinion on the need for its introduction is given.A significant role is assigned to the study of the foreign countries experience in the field of computer gamesmanufacturers’ taxation.
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Skelly, Stephen J. "Data protection legislation in Canada." International Review of Law, Computers & Technology 3, no. 1 (January 1987): 79–96. http://dx.doi.org/10.1080/13600869.1987.9966255.
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Qin, Di, Zhaonan Mu, and Sijialu Yue. "The Value Orientation of Electronic Commerce Law Based on Computer Network." MATEC Web of Conferences 365 (2022): 01030. http://dx.doi.org/10.1051/matecconf/202236501030.
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In the era of legal globalization, e-commerce platform increasingly mature environment, in order to better meet the practical requirements of e-commerce activities, in the process of e-commerce legislation, practice, should always adhere to the value orientation of fair and equitable legal benefits, and by respecting the existing legal framework, integrate the operation and development environment of computer networks, and formulate e-commerce law in line with the modern e-commerce environment, effectively safeguard the order of e-commerce activities. Based on the analysis of the current situation of e-commerce practice and the legislation of e-commerce law, this paper puts forward the value orientation and practical suggestions of e-commerce law based on computer network.
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Cvenček, Matteo. "Zabrana online igara na sreću kao posljedica poreznoga zakonodavstva." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 2 (2020): 653–64. http://dx.doi.org/10.30925/zpfsr.41.2.11.
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Moral and moral values are increasingly questioned in today's society when it comes to a multiplicity of vices that are becoming available to a larger number of people. Gambling, as a form of hazardous activity, is reaching every space and every liberal country through digitalization. Internet and online business have made it possible to spread gambling and thus to increase the number of participants in such games. Apart from some basic doubts about the morality of such games, especially regarding young players, there also appears the issue of state interests in monopoly systems ordered by national laws. A policy driven by state interests has paved the way for restricting gambling providers by blocking those providers or blocking the access to the content of certain webpages. The linked ban is debatable at least from the aspect of the constitutionality of the mentioned measure. Despite of this, measures prohibiting access to a certain internet content should be evaluated individually, in accordance with the principle of proportionality and in line with the requirement of legal certainty. This paper therefore addresses the need to introduce such a measure in the Croatian tax legislation with comparative examples of justifications for this measure and also deals with the problem of its possible abuses by the Croatian Tax Administration, thereby subtly introducing the complete control of the content of websites.
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Thorne, Clive D. "Copyright legislation." Computer Law & Security Review 3, no. 4 (November 1987): 12. http://dx.doi.org/10.1016/0267-3649(87)90053-7.
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Sterling, J. A. L. "Legislation update." Computer Law & Security Review 4, no. 1 (May 1988): 42–43. http://dx.doi.org/10.1016/0267-3649(88)90103-3.
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Sterling, J. A. L. "Copyright legislation." Computer Law & Security Review 3, no. 5 (January 1988): 2–9. http://dx.doi.org/10.1016/0267-3649(88)90106-9.
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Bar-Sela, Yoram. "Computer Legislation in Israel: A Proposal Being Developed by the Ministry of Justice." Israel Law Review 21, no. 1 (1986): 58–63. http://dx.doi.org/10.1017/s002122370000889x.
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It is an indisputable fact that since the 1950's, the computer has assumed so central a place in our society that it is already difficult to visualize our society living and functioning without its assistance. And from the earliest period of the computer's development, it has been clear that this major addition to our society presents the legal world with new legal problems. Another aspect of this phenomenon is that as it became increasingly clear that the legal world was going to have to cope with these new problems, our legal community tended to produce more questions than answers.
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Iida, Hiroyuki, and Mohd Nor Akmal Khalid. "Using Games to Study Law of Motions in Mind." IEEE Access 8 (2020): 138701–9. http://dx.doi.org/10.1109/access.2020.3012597.
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Vetrák, Milan. "Jurimetrics in Slovakia." European Public Law 15, Issue 2 (May 1, 2009): 185–96. http://dx.doi.org/10.54648/euro2009014.
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Hancock, Bill. "New internet legislation attempts in the US." Computers & Security 18, no. 4 (January 1999): 282. http://dx.doi.org/10.1016/s0167-4048(99)90699-5.
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Schneier, Bruce. "Robot Hacking Games." IEEE Security & Privacy 20, no. 1 (January 2022): 119–20. http://dx.doi.org/10.1109/msec.2021.3121885.
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Maile, A. D. "Legislation on Administrative Procedures: The German Experience." Siberian Law Review 18, no. 2 (October 20, 2021): 204–15. http://dx.doi.org/10.19073/2658-7602-2021-18-2-204-215.
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This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.
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Holm, Peter. "Piracy on the simulated seas: the computer games industry's non-legal approaches to fighting illegal downloads of games." Information & Communications Technology Law 23, no. 1 (January 2, 2014): 61–76. http://dx.doi.org/10.1080/13600834.2014.899770.
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Safin, Fyarit, and Alexandr Bazhenov. "The Destructive Impact of Computer Game Content on Juvenile Delinquency." Russian Journal of Criminology 16, no. 1 (March 11, 2022): 39–46. http://dx.doi.org/10.17150/2500-4255.2022.16(1).39-46.
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The authors analyze the determinants of juvenile crime from the standpoint of the impact of violent computer games on their mental health and delinquent behavior in the modern Russian society. The study is based upon the achievements in psychology and juvenile criminology. The object of the study is students of senior classes of secondary schools from three districts of Saint Petersburg with the most unfavorable criminological situation in the sphere of youth crime (275 persons), and juveniles with delinquent behavior and at least one criminal conviction who study in a specialized educational establishment (225 persons). The goal of the study was to examine the correlation between violent game content consumed by teenagers and their aggressive behavioral reactions. The obtained results proved three hypotheses that were put forward: 1) adolescents with a criminal record use game gadgets more often than their law-abiding peers, and prefer «dangerous» genres of computer games; 2) game content influences the behavioral reactions of such adolescents more intensively than it influences the reactions of their peers; 3) violent computer games do not weaken the aggression of modern teenagers and do not help to ease emotional tension. The obtained results allowed the authors to conclude that there is an evident trend for a growing role of game gadgets for the modern generation of teenagers, and their active use of violent computer games can act as one of the causes of their criminalization and the spread of juvenile crime in the Russian society. The conducted study may contribute to solving the research task of analyzing the causal complex and finding the relevant determinants of criminal behavior of modern adolescents.
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Conley, John M., and Robert M. Bryan. "A survey of computer crime legislation in the United States." Information & Communications Technology Law 8, no. 1 (March 1999): 35–57. http://dx.doi.org/10.1080/13600834.1999.9965797.
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Clapperton, Dale. "Electronic Contracts: A Law Unto Themselves?" Media International Australia 130, no. 1 (February 2009): 102–11. http://dx.doi.org/10.1177/1329878x0913000112.
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Electronic contracts, however described, are everywhere in the digital environment. In computer games, they govern the relationship not only between the gamer and the game publisher, but the gamer and the game. Yet, despite their ubiquity, their substantive content receives relatively little attention. Consumers assent without reading them, and publishers and their lawyers adopt oppressive contracts, seemingly without thought for the rights of their customers. Whether a market failure or a rational response, electronic contracting seems to be stuck in a vicious cycle of apathy and indifference. This paper explores these issues, as well as examples of games-related electronic contracts, common terms in such contracts, and how those contracts might be affected areas of law including contract, copyright, competition and consumer protection. Might these areas of law provide a stimulus for ‘clickwrap reform’?
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BloomBecker, J. J. Buck. "US computer security legislation H.R. 145: A step toward greater computer security?" Computer Law & Security Review 3, no. 5 (January 1988): 30–31. http://dx.doi.org/10.1016/0267-3649(88)90115-x.
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McGraw, Gary, and Greg Hoglund. "Online Games and Security." IEEE Security & Privacy Magazine 5, no. 5 (September 2007): 76–79. http://dx.doi.org/10.1109/msp.2007.116.
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Durkota, Karel, Viliam Lisý, Branislav Bošanský, Christopher Kiekintveld, and Michal Pěchouček. "Hardening networks against strategic attackers using attack graph games." Computers & Security 87 (November 2019): 101578. http://dx.doi.org/10.1016/j.cose.2019.101578.
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Martynov, Aleksey V. "Professor D.N. Bakhrakh: One of the Major Representatives of the Administrative Law Science of Russia." Administrative law and procedure 10 (October 6, 2022): 20–23. http://dx.doi.org/10.18572/2071-1166-2022-10-20-23.
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The article is devoted to the outstanding Russian scientist in the field of administrative law — Professor Demyan Nikolaevich Bakhrakh. The article tells about the acquaintance of the author with Professor D.N. Bakhrach. His unique human qualities and outstanding abilities as a scientist are noted. His contribution to the development of modern administrative law is indicated. Examples of conceptual developments made by Professor D.N. Bahrakh, which began to be implemented in legislation and law enforcement. Emphasis is placed on the unique abilities of Professor D.N. Bahrakh on forecasting the development of administrative legislation.
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Belova, Olesya. "Non-defined Carsharing: The Law Enforcer vs the Legislator." Legal Concept, no. 3 (October 2022): 87–92. http://dx.doi.org/10.15688/lc.jvolsu.2022.3.12.
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Introduction: civil legislation, as litmus of the economic relations that have developed in society, fixes the most well-established and frequently implemented legal relations. At the same time, the “mobility” of civil circulation, its digitalization, the emergence and application of new objects of civil rights, new groups of property relations dictate modifications, selective transformation of certain provisions of civil legislation. The deliberation and slowness of the legislator in carrying out reforms are the guarantor of the stability of civil circulation. The situation with a non-defined civil law agreement, the carsharing agreement, is different. In the conditions of well-established applied practice, the approaches developed by legal science, the formed heterogeneous case practice, the legislator has not yet determined the legal fate of contractual carsharing relations. The justification of the normative consolidation of the legal nature of the carsharing agreement, its essential conditions and content to achieve unity of practice and law, is the purpose of this study. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: new civil legal relations, which are not regulated by the legislator, known as carsharing, are currently interpreted through the prism of analogy in the framework of dispute resolution, by classifying carsharing as the closest legal relationship. The judicial practice reviewed and analyzed in the paper makes it possible to determine the trends of the law enforcer, developed at the level of case law, which, at the same time, do not correlate with the opinion of the representatives of the scientific sphere. The author has identified the following approaches to determining the legal essence of the carsharing agreement and its place in the system of civil contractual relations: 1. The carsharing agreement has all the features of the rental agreement; 2. Carsharing relations should be regulated by the norms of the civil legislation on the lease of a vehicle without a crew; 3. Carsharing relations are of a mixed nature, but tend more towards service relations. Conclusions: the existing heterogeneous judicial practice does not allow coming to an unambiguous interpretation of carsharing relations, determining the essence and place of the studied relations in the system of civil law. Due to the frequent applicability of the carsharing agreement among consumers, its popularity, the author believes there is an urgent need to overcome the legal vacuum in the civil legislation and fix the concept and essential terms of the carsharing agreement in such a way as not to “stifle” new civil legal relations. In the process of lawmaking, when determining the fate of the carsharing agreement, the legislator must resolve a number of controversial issues: what is the legal nature of the carsharing relationship; is the carsharing contract a public contract; what are the limits of the principle of freedom of contract when establishing the rules for using a vehicle; the method of concluding the carsharing agreement.
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Mosechkin, Ilya N. "Criminal liability for organizing a stable group of persons aimed at committing crimes in the field of computer information." Vestnik of Saint Petersburg University. Law 13, no. 1 (2022): 28–45. http://dx.doi.org/10.21638/spbu14.2022.102.
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The article analyzes legal problems arising in connection with the establishment of criminal liability for organizing a stable group of persons for committing crimes in the field of computer information. The urgency of this topic is due to the negative dynamics of crimes associated with computer technology and committed by criminal communities or organizations as well as the constant growth of damage from them. The author evaluates the current criminal law measures to counter organized cybercrime, identifying their shortcomings. The provisions of domestic and foreign criminal legislation were analyzed, which made it possible to identify some legal gaps and identify ways to overcome them. The article proves that the Criminal Code of the Russian Federation does not fully cover cases of the creation of organized criminal groups aimed at committing illegal activities in the field of computer information. In particular, responsibility is not differentiated between a group of persons by prior conspiracy and an organized group; the category of crimes and the absence of the purpose of making profit do not allow qualifying the act as committed by a criminal community or a criminal organization. It is advisable to recognize the very fact of the creation of illegal organized formations as a separate tort, as is done in the legislation of individual countries of the “common law” legal family, as well as in domestic norms regulating countering terrorism and extremism. It is proposed to include in the Criminal Code of the Russian Federation a norm providing for responsibility for organizing a stable group of persons aimed at committing crimes in the field of computer information. The wording of the corresponding article has been formulated, which can be used as a recommendation when improving legislation.
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Savelyev, Alexander. "Open source: the Russian experience (legislation and practice)." Information & Communications Technology Law 22, no. 1 (March 2013): 27–44. http://dx.doi.org/10.1080/13600834.2013.778520.
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Benito-Ostolaza, Juan M., María J. Campión, and Asier Estevan. "A Mathematical Approach to Law and Deal Modelling: Legislation and Agreements." Mathematics 9, no. 10 (May 14, 2021): 1116. http://dx.doi.org/10.3390/math9101116.
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Social norms are a set of rules to be followed by the people of a community in order to have a better coexistence, to which the behaviors, tasks, and activities of the human being must be adjusted. The set or system of norms, rules, or duties regulates the actions of individuals among themselves. This work presents a new and original approach to the situations of agreement as well as to the constructions of regulations. This is done by giving a mathematical formalization to the set of all possible agreements or regulations, so that, then, the proximity between them is defined by means of a premetric. Thanks to this mathematical structure that tries to capture the problematic of agreements and modifications of regulations, some currently issues related to game theory or law are now reduced to mathematical optimization problems.
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Hazri, Tengku Ahmad. "Islam, the Rule of Law and Human Rights." ICR Journal 4, no. 1 (January 15, 2013): 149–52. http://dx.doi.org/10.52282/icr.v4i1.502.
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If one wishes to restore the substantive moral-spiritual foundation of the shariah, one must start from the premise that law precedes legislation and that the rule of law needs to go beyond any state-centred paradigm and engage greater self-governance, Human rights is one area that has always been regarded as an intrinsic component of the rule of law as can be gauged from various international documents and academic commentaries.
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Matveev, A., and E. Martyanova. "Patentability of Computer Program Algorithms in the G20 States." BRICS Law Journal 9, no. 3 (September 12, 2022): 144–73. http://dx.doi.org/10.21684/2412-2343-2022-9-3-144-173.
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Ubiquitous computerization and digitalization are contributing to the unprecedented growth of the software market. Computer programs are protected as subject of copyright law in international law and domestic legal systems. However, copyright law does not protect the interests of the copyright holder from borrowing ideas and algorithms which often have agreat commercial value. This circumstance has prompted the legal science and law enforcement practice of the most developed states to justify the possibility of protecting computer programs and their algorithms. The leading states chosen for in this paper are the G20 states. The relevance of this choice is due to the following: 1) The G20 states account for 86% of global GDP; 2) All world leaders in computer software development are G20 members; 3) All BRICS states are G20 members; 4) The law-and-orders of the G20 states are relevant to all existing traditions of the legal protection of intellectual property in the world. The legal systems of the G20 states follow one of three approaches according to the criterion of patentability of computer programs and their algorithms. We call the first approach “neutral.” It includes States which legislation does not explicitly prohibit the patenting of computer programs, but computer programs themselves are not mentioned among the subject matters of inventions. The second (“positive”) approach includes those states which legislation explicitly classifies computer programs as patentable inventions. On the contrary, the third (“negating”) approach includes states where it is legally established that computer programs as such are unpatentable. The results of the research demonstrate that there is no direct correlation between the way of solving the issue of patentability of computer program algorithms in different legal systems and the state’s place in the global IT market. For example, the United States and China take aneutral approach, Japan takes apositive approach, the EU Member States and India take anegating approach. We believe that the most flexible approach is aneutral approach from the point of view of patent law policy. The most liberal and consistent approach is the positive approach presented by the Japanese legal system. Finally, the negating approach is the most controversial and at the same time widespread among the G20 and BRICS states.
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Hinde, Stephen. "Privacy legislation: a comparison of the US and European approaches." Computers & Security 22, no. 5 (July 2003): 378–87. http://dx.doi.org/10.1016/s0167-4048(03)00503-0.
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Irawan, Vania. "Analisis Yuridis Terhadap Pelanggaran Hak Cipta Permainan Video (Video Games) Berupa Pembajakan Secara Online." JIPRO : Journal of Intellectual Property 3, no. 2 (October 21, 2021): 35–52. http://dx.doi.org/10.20885/jipro.vol3.iss2.art3.
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Video games are games that can be played by one or more people which are produced by computer programs on a television screen or other display screen. Video games are included in a protected work in accordance with Article 40 paragraph (1) letter r and Article 59 paragraph (1) letter d of Law No. 28 of 2014 on Copyright. The nature and elements of video games are complex, creating confusion regarding the video game category. In some countries, video games are included in the category of computer programming while in other countries, video games are included in the category of audiovisual. In addition, another difficulty that arises is the copyright holder of video games because as we know, the video games that are widely played these days, are created by game developers who consist of not only one or two people but hundreds of experts and professionals. Then, another problem is regarding video game online piracy. This has happened so often that it becomes one of the game developers concern and restlesness about every time they launch a new video game. So it also examines the prevention and protection of video games being pirated online.
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Belikova, Ksenia Michailovna. "Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad." Юридические исследования, no. 7 (July 2021): 1–28. http://dx.doi.org/10.25136/2409-7136.2021.7.35869.
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The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).
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Lipen, S. V. "Transformation of the Theory of Systematization of Legislation in the Era of Digitalization of Law." Lex Russica, no. 2 (February 28, 2022): 132–47. http://dx.doi.org/10.17803/1729-5920.2022.183.2.132-147.
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Provisions on the systematization of legislation, primarily on incorporation and codification, have been actively developed by European and domestic legal science for about two centuries (the 19th century is often characterized by lawyers as the century of codifications). The foundations of the domestic theory of systematization of legislation were laid by the Russian pre-revolutionary jurisprudence. Many provisions, the content of which was clarified in the 60-80s of the 20th century, are in use almost in the same form now. Modern theoretical and branch legal science, legislation (laws on normative legal acts in force in the post-Soviet space, their projects) proceed from the importance of legal systematizing activity, its individual varieties (incorporation, codification, consolidation). Meanwhile, the development of legal systematizing practice and legal science, including in modern conditions of digitalization of public relations, significantly transforms the traditional content of the theory of systematization of legislation. Codification, with good reason, is increasingly being considered as a kind of law-making, rather than law-systematizing activity. The value of incorporated collections is falling; their functions are taken over by legal reference systems (both official and unofficial). Computer based reference systems have become the main form of both systematization and incorporation of legislation. The characteristics of consolidation that distinguish it from codification and law making are not sufficiently clear. The general concept of «systematization of legislation» may well be limited only to the external processing of normative material. Everything connected with the so-called internal systematization (codification and aspects of law-making in the consolidation of legislation, compilation of a single normative legal act as a result of systematization, cancellation of previously valid acts) can be transferred to the theory of law-making and considered within its framework. The subject field of the theory of systematization of legislation is being modified, this entails changes in the content of the basic terminology used both in science and in legislation.
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Waddington, Matthew. "Rules as Code." Law in Context. A Socio-legal Journal 37, no. 1 (January 3, 2021): 179–86. http://dx.doi.org/10.26826/law-in-context.v37i1.134.
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“Rules as Code” is a label adopted by people in governments working on the idea of encoding (or just marking up) legislation while it is being drafted, so that the logic of the resulting legislation can be “read” (and checked) by a computer, to improve the manner in which legislation is produced and the way in which it is available digitally. The idea is currently attracting attention in the legal community, particularly on the question of whether it will lead to automation replacing human interpretation of the law. This note briefly describes Rules as Code, at least as conceived by a legislative drafter. It argues that this conception of Rules as Code does not have the over-reaching ambitions that it may sometimes appear to harbour, and in particular does not trespass into removing key interpretative functions.
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Lischer, Suzanne, Emilien Jeannot, Lukas Brülisauer, Niels Weber, Yasser Khazaal, Samuel Bendahan, and Olivier Simon. "Response to the Regulation of Video Games under the Youth Media Protection Act: A Public Health Perspective." International Journal of Environmental Research and Public Health 19, no. 15 (July 29, 2022): 9320. http://dx.doi.org/10.3390/ijerph19159320.
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The Swiss Youth and Media Act, which is about to enter into force, is an attempt to provide a legislative framework for video game use. Among other inclusions, the law intends to make providers more accountable by taking measures to protect minors from harm that can be caused by improper use of video games. However, it is a challenge to create a legal framework that can adequately regulate the evolving features of video games. Legislators must find a suitable regulatory approach which takes into account the fact that there is an increasing convergence between video games and gambling, particularly with the introduction of loot boxes. Moreover, there is a need for regulation, including the prohibition of misleading designs, the introduction of additional protection for minors, and the assurance of transparency of transactions. Appropriate policy legislation and consumer-protection measures are needed to protect people using these types of products, particularly children and adolescents. Further work should focus on assessing game characteristics to refine regulatory models to promote safe gaming. Based on experiences from the field of psychoactive substances as well as that of gambling, it is now a matter of developing a matrix of harm with elaborated categories: a tool that makes it possible to evaluate the potential harms of certain game design in an evidence-based manner.
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Serebrennikova, A. V. "CRIMINAL LAW: MODERN CHALLENGES." EurasianUnionScientists 2, no. 5(74) (June 14, 2020): 48–50. http://dx.doi.org/10.31618/esu.2413-9335.2020.2.74.741.
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Mission: To analyze the main trends related to the digitalization of criminal law in the most discussed areas, to analyze and summarize the positions of researchers regarding the construction of norms on responsibility for computer crimes in the domestic criminal legislation. Reflect the main areas of use of artificial intelligence in the process of qualification of crimes and law enforcement. Consider the use of information technologies in the educational process when training specialists for law enforcement agencies. As a result of the research, the authors conclude that the achievements of recent years in the field of digital technologies have created not only a number of new problems with crime, but also contributed to the prevention, detection, investigation, prosecution and punishment of crime. However, many issues related to their use in criminal law have remained unresolved. Today, the science of criminal law is faced with the task of developing a model of systemic updating of domestic criminal legislation, the effectiveness of which directly depends on the ability of the legislator to perceive trends in the field of information technology and crime challenges. The author's view on the actual problem in criminal law science is presented. The results of the study and the conclusions formulated in this article can be used in the educational process when studying the Sciences of the criminal law cycle in higher education institutions
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Tyunin, Vladimir Ilyich, Anton Gennadievich Antonov, Tatyana Andreevna Ogar, Maria Vitalievna Shkele, and Elena Andreevna Zorina. "Cyber crimes against property in foreign and Russian criminal law." SHS Web of Conferences 108 (2021): 02021. http://dx.doi.org/10.1051/shsconf/202110802021.
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The prerequisite for the study was a significant increase during a pandemic in the number of cyber crimes against property, caused by forced isolation, a reduction in the use of cash and an expansion of the scope of computer technology when concluding civil transactions. Purpose of the study: to identify trends in the criminalization of cyber crimes against property in foreign and Russian criminal law. To achieve the goal, the following methods were used: general scientific – analysis, synthesis, generalization, special scientific – statistical, formal logical, comparative legal, content analysis, the method of expert assessments. The results of the work were the classification of cyber crimes against property, the novelty is the definition of the most common type of these crimes – fraud, the identification of the growth of its individual forms during a pandemic. The issues related to the observed expansion of the scope of application of the liability for fraud, both in international law and in the national legislation of individual states, which are no longer limited to such traditional methods of committing it as deception and breach of trust. Cyber crimes in the Russian criminal legislation are investigated in their relation to crimes against property, recommendations are given for further optimization of the criminal legislation of the Russian Federation. In Russia, as in the rest of the world, during the period of the pandemic, an increase was recorded in crimes against property committed remotely, in relation to non-cash funds, using bank cards. When committing such acts, computer information, electronic data and programs are used as a method or means of committing them, which allows them to be classified as cyber crimes. Previously, cyber crimes were considered separately from traditional socially dangerous encroachments, but the massive use of information technology in the commission of certain types of crimes (in particular, crimes against property) requires a new approach to their description in national legislation.
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Bakulina, Irina, and Dmitry Kirillov. "Ban on Sham in Administrative Law: Problems of Validity." Legal Concept, no. 4 (December 2022): 95–99. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.13.
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Introduction: in 2016, administrative liability was introduced for violating the ban on the registration of sham accounting objects in the accounting registers, including sham transactions (hereinafter, referred to as the “ban on sham”). For more than five years, these elements have not found any targeted analytical understanding in the professional scientific and legal books, nor reflected in the practice of administrative offenses. Meanwhile, the “ban on sham” creates problems, preventing bona fide organizations from implementing the principle of freedom of contract, forcing them to distort their will in the form of refusing to conclude unnamed contracts, simplifying business relations, incurring the costs of auditing sham, etc. These circumstances have predetermined the purpose of the study – to identify the reasons for the lack of reaction of legal science and practice to the “ban on sham”, to assess its validity. Methods: dialectics, conceptual analysis, and the comparative legal method. Results: the common reasons for inattention to the “ban on sham” are the mega-branch, and therefore, unclear for most legal scholars, nature of the basic concept of “sham accounting objects”; the complexity of proving violations of the “ban on sham”. Special reasons for such inattention are the contradiction between the absence of a ban on sham transactions and the punishability of actions to include transactions in the accounting registers; the identification of sham transactions and sham accounting objects in the legislative documentation; the possibility of qualifying violations of the “ban on sham” by related sets of facts. The legal groundlessness of the introduction of the “ban on sham” is shown. An approach to the correction of the legislation is proposed. The scope of application of the results is administrative, financial, civil, constitutional law, legal research, law enforcement, and lawmaking. Conclusions: the amendments to the legislation on accounting and the abolition of the “ban on sham” are required.