Journal articles on the topic 'Telecommunication – Law and legislation – Saskatchewan'
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1
Hurlburt, W. H. "A New Bottle for Renewed Wine: The Arbitration Act, 1991." Alberta Law Review 34, no. 1 (October 1, 1995): 86. http://dx.doi.org/10.29173/alr1102.
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This article provides a useful overview of the 1991 Arbitration Act in Alberta and its similar counterparts in Ontario and Saskatchewan including a history of legislation governing arbitrations. The author outlines the purpose and function of the Arbitration Act and discusses how the legislation has fared, so far, in the courts. The article then ends with a discussion concerning the significance of the Arbitration Act for drafters. The appendix contains a valuable sample of case law concerning the new legislation in Alberta, Ontario and Saskatchewan.
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Gong, Hanrui. "The Dilemma of Telecommunication Fraud Crime——An Analysis of China’s Governance Model as a Sample." SHS Web of Conferences 148 (2022): 03049. http://dx.doi.org/10.1051/shsconf/202214803049.
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In order to promote the international cooperative governance of telecommunication fraud crime and optimize China’s legal issues on this crime, this paper takes China’s governance model in telecommunication fraud crime as the analysis sample, and proposes the optimization path of governance of telecommunication fraud from both domestic and foreign aspects by analyzing the current shortcomings of China’s domestic legislation, law enforcement, and judicature, as well as the problems in international cooperation such as off-site evidence collection and criminal judicial assistance.
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Surtees, Doug. "How Goes the Battle? An Exploration of Guardianship Reform." Alberta Law Review 50, no. 1 (August 1, 2012): 115. http://dx.doi.org/10.29173/alr270.
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This article attempts to evaluate the success of guardianship law reform in Saskatchewan through a study of 446 guardianship applications made since the 2001 enactment of The Adult Guardianship and Co-decision-making Act. It begins by providing a brief history of guardianship law and details the development of the modern legislation. The author examines granted guardianship orders and surveys participants in the guardianship process in order to determine if the principles underlying the modern legislation have been upheld by the courts.
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NEVEN, DAMIEN J., and PETROS C. MAVROIDIS. "El mess in TELMEX: a comment on Mexico-measures affecting telecommunications services." World Trade Review 5, no. 2 (May 16, 2006): 271–96. http://dx.doi.org/10.1017/s1474745606002783.
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This paper reviews the panel report on Mexico-Measures A.ecting Telecommunication Services. The panel considered claims by the United States (US) that Mexico acted inconsistently with its obligations with respect to the liberalization of the market for telecommunication services. It is the .rst panel to consider solely the rules agreed in the General Agreement on Trade in Services (GATS). It is also the .rst panel to deal with telecommunication services and its complex layers of legislation, in particular the rules agreed in the Telecommunications Reference Paper (TRP)onpro-competitive regulatory principles. Viewed fromthis perspective, this report is because of its potential precedence value, of particular signi.cance.
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Терещенко, Людмила, and Lyudmila Tyeryeyenko. "The Conceptual Framework of the Information and Telecommunication Law: Enforcement Issues." Journal of Russian Law 4, no. 10 (September 19, 2016): 0. http://dx.doi.org/10.12737/21538.
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This article analyzes the existing conceptual framework of the information and telecommunication law in general and those norms, which recently have been included into the legislation of terms and their definitions, and relation of the terms used. It is shown that information law and communication law are heavily influenced by the information and telecommunication technologies, the Internet. First and foremost these technologies are sources of new terms in law. It is noted that the use of Internet technology arises questions in legal science: whether regulation is required within emerging relationships, whether it is possible to apply existing "traditional" legal norms and whether law is really able to influence these relationships. Given the fact that a mandative feature of norms established by a State should be legal certainty, it is necessary to adapt the new terms to law, to include them into the framework and to provide adequate definitions.
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Boikova, Olga F. "Library and Information Resources in Electronic Form in the Copyright Legislation." Bibliotekovedenie [Russian Journal of Library Science], no. 6 (December 7, 2012): 34–38. http://dx.doi.org/10.25281/0869-608x-2012-0-6-34-38.
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The issues of the users’ free access to the library national collections and to the copyright law creating objects are considered in the paper. Methodical recommendations for libraries in a current legislation context about copyright on acquisitions of library collection, creation of own library and information resources, use of library and information resources of other libraries and information centers, and also the electronic on-line resources available through local or telecommunication networks are made.
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INSHAKOVA, Olegovna Agnessa, Ivanovich Alexander GONCHAROV, Vitaliyevna Elena SMIRENSKAYA, and Vladimirovna ,. Vladimira DOLINSKAYA. "Modern Communication Technologies in Notification of Notarial Actions in Russia." Journal of Advanced Research in Law and Economics 8, no. 7 (December 30, 2017): 2134. http://dx.doi.org/10.14505/jarle.v8.7(29).10.
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In the article studies modern communication technologies used in the Russian Federation for notarial acts. The main provisions of the issues for the development of modern information and telecommunication technologies for organizing notarial activities, within the framework of which the main stages of system construction, intermediate and final results, its targets, tasks, organizational structure and functions are determined. As a basis for providing all types of information interaction, the article presents the Unified Information System of the Notariat of Russia. The authors studying the novelties of the legislation on the application of information and telecommunication technologies for notarial acts, the peculiarities of electronic interaction with the state authorities of the Russian Federation. The conclusion is confirmed, that the Russian notary is ready to work in the new conditions, is focused on those requirements that dictate the modern information space.
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Berdahl, Loleen, Stephen White, David McGrane, and Michael M. Atkinson. "Symbols, Self-Interest and Labour Policy Attitudes: Evidence from Saskatchewan." Articles 69, no. 4 (January 21, 2015): 665–86. http://dx.doi.org/10.7202/1028107ar.
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Unions in many Canadian jurisdictions are facing policy changes that limit (or attempt to limit) their practices. Despite growing pressure on unions as governments restructure labour policies, there is scant research examining public attitudes towards either unions or labour policies. To what extent does the general public support or oppose these changes to labour policy? What factors drive public opinion about labour policy changes? This paper uses data from a telephone survey administered after the 2011 Saskatchewan provincial election to explore public attitudes towards labour policy change; specifically, we explore public opinion regarding Saskatchewan essential services legislation and accompanying changes to labour standards. We are particularly interested in the role that symbolic political factors (attitudes towards unions, NDP partisanship), as opposed to self-interest (union membership), play in structuring public opinion when it comes to labour policy. We find that union membership has no discernible impact on attitudes toward the essential services law; what matters much more is one’s attitude toward unions in general, as well as NDP partisanship. However, union membership does influence attitudes towards labour standards, as do attitudes towards unions and NDP partisanship. Taken together, the results tell us that labour policy attitudes are indeed driven by both self-interest and symbolic political factors. Further, while self-interest does help to explain attitudes towards labour policy, not all union members consider essential services legislation as a direct threat to themselves. The strategic implication for public sector unions is that they cannot necessarily rely on private sector workers and union members to be sympathetic to legislation that affects public sector workplaces. For the Canadian labour movement as a whole, this finding points towards a divergence in the interests of its private sector members and public sector members, and clear limits to worker solidarity.
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Turkulets, Valentina Alekseevna. "Sexting with regards to minors: criminal legal and victimological aspect." Юридические исследования, no. 5 (May 2020): 1–11. http://dx.doi.org/10.25136/2409-7136.2020.5.33125.
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The questions of prevention cybercrimes with regards to minors gain special relevance in the conditions of pandemic, global self-isolation and transition to distance learning. Constant forced usage of Internet resources increases the risk for identification of the potentially dangerous online contacts, as well as likelihood of obtaining access to prohibited or undesired content. The object of this research is the relation of protection of minors from criminal offences of licentious nature committed using the modern communication technologies and networks. The subject of this research is the criminal legislation of the Russian Federation in the area of protection of minors from sexual misconducts committed via information and telecommunication networks. The research methods contain the analysis of current criminal legislation and law enforcement practice of the Russian Federation, review and generalization of theoretical sources on the topic. The scientific novelty consist in examination of peculiarities of qualification of offences pertaining to sexual abuse of minors, committed using the information telecommunication networks. The conclusion is made that due to proliferation of sexting in the information telecommunication networks with regards to children below 12 years of age, it is necessary to exclude from the Article 135 of the Criminal Code of the Russian Federation the minimal age of the victims of sexual abuse, establish an age bracket of those “who have not attained the age of fourteen” in the Part 2 of the Article 135, as well as classify usage of information and telecommunication networks as the means of committing offence.
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Podkowik, Jan, Robert Rybski, and Marek Zubik. "Judicial dialogue on data retention laws: A breakthrough for European constitutional courts?" International Journal of Constitutional Law 19, no. 5 (December 1, 2021): 1597–631. http://dx.doi.org/10.1093/icon/moab132.
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Abstract In 2006 the European Union (EU) adopted a directive which imposed on telecommunication operators an obligation to store all the telecommunication data (data retention) and provide access to retained data to state authorities in order to combat serious crime. The new legislation had to been implemented by all EU Member States. Immediately after the directive was issued, it triggered controversy. Substantial reservations against this measure had been confirmed by five European constitutional courts already within the first eight years since its introduction. In 2014 the Court of Justice of the European Union (CJEU) also acknowledged those reservations. Since then, further European constitutional courts invalidated domestic legislation on data retention. This jurisprudence posed a unique research opportunity to verify whether a genuine judicial dialogue within the varied legal systems occurred in the EU. In this article we analyze jurisprudence of constitutional courts, CJEU, and the European Court of Human Rights (ECtHR) on data retention. We identify interactions between domestic and international standards of privacy protection. The main method employed is a comparative study of all the judgments (following their translation) along with a simultaneous analysis of the common EU regulatory framework that all of those judgments challenged. A pivotal finding was an identification of three basic models clearly describing approaches taken by the constitutional courts involved. As the basis for our models, we used the approach of constitutional courts to two pan-European courts: ECtHR and CJEU. We claim that the analyzed jurisprudence constituted an important building block in the construction of a constitutional tradition relating to the protection of privacy based on the European Convention of Human Rights. Existence of this tradition led to the 2014 CJEU judgment (and to subsequent judgments of national constitutional courts).
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Metelev, O. "Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation." Herald of criminal justice, no. 4 (2019): 161–73. http://dx.doi.org/10.17721/2413-5372.2019.4/161-173.
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Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.
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Houben, Iris. "Public Service Obligations: Moral Counterbalance of Technical Liberalization Legislation?" European Review of Private Law 16, Issue 1 (February 1, 2008): 7–27. http://dx.doi.org/10.54648/erpl2008002.
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Abstract: Public service obligations have in first instance been developed as a side effect of the liberalization process which is going on within various, formerly mostly monopolistic, sectors in the EU. One may think of the energy sector, the telecommunication sector and the postal sector. The concept of the public service obligations has strongly gained influence in Europe as a reaction to, and in conjunction with, the technical liberalization legislation. This development is about searching for a balance between considerations based on market principles and considerations which have more to do with cohesion and social solidarity. Zusammenfassung: Öffentliche Dienstverpflichtungen haben sich zunächst als Nebeneffekt des Liberalisierungsprozesses, der sich innerhalb verschiedener, ehemals oft monopolistischer Sektoren in der EU abspielt, entwickelt. Als Beispiel lassen sich der Energiesektor, der Telekommunikationssektor und der Postsektor nennen. Europäische Richtlinien zwingen zur Liberalisierung dieser ehemals monopolistischen Märkte. Als Reaktion darauf und im Zusammenhang mit dieser technischen Liberalisierungsgesetzgebung hat das Modell der öffentlichen Dienstverpflichtung in Europa stark an Einfluss gewonnen. Bei dieser Entwicklung handelt es sich um die Suche nach einem Gleichgewicht zwischen marktbezogenen Überlegungen und Überlegungen, die sich eher auf Kohäsion und soziale Solidarität richten. Résumé: Les services de service public ont été élaborés pour faire contrepoids au processus de libéralisation qui a lieu dans différents secteurs, surtout de nature monopolistiques, de l’Union Européenne. L’ont peut penser au secteur de l’énergie, le secteur de la télécommunication et le secteur postal. Le concept d’obligations de service public constitue une réaction importante, en Europe, à la legislation de libéralisation technique. Ce développement constitue une recherché d’équilibre entre considerations basées sur les principes du marché et considerations qui concernent la cohesion et la solidarité sociale.
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В.А., Родивилина,, and Коломинов, В.В. "THEFT IN INFORMATION AND TELECOMMUNICATION NETWORKS." Digest of research works "Criminalistics: yesterday, today, tomorrow", no. 4(24) (December 27, 2022): 143–51. http://dx.doi.org/10.55001/2587-9820.2022.36.21.018.
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Предмет исследования составили положения науки криминалистики о киберпреступности, нормы уголовного законодательства о преступлениях в сфере компьютерной информации и мошенничестве, совершаемом с использованием информационно-телекоммуникационных сетей, в том числе сети Интернет, а также положения нормативных правовых актов в области информационной безопасности и информационных технологий. В результате исследования выявлены основные способы кибермошенничества в следующих сферах: проведение конкурсов в социальных сетях, Интернет-торговля, благотворительность, трудовые правоотношения. The subject of the study was the provisions of the science of criminalistics on cybercrime, the norms of criminal legislation on crimes in the field of computer information and fraud committed using information and telecommunications networks, including the Internet, as well as the provisions of regulatory legal acts in the field of information security and information technology. The article discusses current and future forms of cybercrime. To do this, a definition of the term is first given to then illustrate individual phenomena in this area of crime. This is followed by an overview of the spread of cybercrime. The research material was domestic regulatory legal acts, as well as statistics on the activities of law enforcement agencies and research by scientists on this topic. As a result of the study, the main methods of cyber fraud were identified in the following areas: holding contests on social networks, Internet trade, charity, labor legal relations.
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Campbell, Lyndsay. "Race, Upper Canadian Constitutionalism and “British Justice”." Law and History Review 33, no. 1 (February 2015): 41–91. http://dx.doi.org/10.1017/s0738248014000558.
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This article explores a puzzle in Canadian legal historiography: the meaning of “British justice” and its relationship to race. Scholars have noted the use of this term in the interwar years of the twentieth century, to object to demonstrations of racial bias in the legal system. The puzzle is why. From the mid-1850s onward, statutes aimed at circumscribing the rights and opportunities of aboriginal people multiplied. British Columbia passed anti-Chinese, anti-Japanese, and anti-Indian legislation. Saskatchewan prohibited Chinese and Japanese employers from hiring white women. At least some officials supposed that legislation targeting African Canadians would be permissible. In 1924, the TorontoTelegramcalled for a poll tax against Jews. It is clear that between 1880 and 1920 or thereabouts, federal and provincial law was deeply involved in creating and reifying legal categories that rested explicitly on physical distinctions perceived to exist among people, which were assumed to signal morally and legally relevant characteristics. Why, then, would anyone have thought that “British justice” should be a shield against racism?
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K. A., Krasnova. "Crime in Esports – Criminal Law Considerations." Rossijskoe pravosudie, no. 10 (September 27, 2021): 90–97. http://dx.doi.org/10.37399/issn2072-909x.2021.10.90-97.
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The phenomenon and development of modern digital technologies put imprint on almost all life spheres, including sports. Over the past years, there have been a rapid development of a new sport and a new direction of the sports business, i. e., esports, which, unlike traditional sports, is causally relating to information and telecommunication technologies and intellectual property. The Regulations on esports adopted in 2020 by the Ministry of Sports of the Russian Federation, expanded the concept of sport by officially recognizing esports as an independent sport. Today, esports is a fast-growing high-tech industry with an ever-growing global audience and a significant number of computer companies and stakeholders involved, which are usually in fierce competition with each other. Nevertheless, despite rapid transformation into the mainstream, this industry is faced with both traditional criminal law concerns and specific inherent to esports problems, which can hinder its potential growth. All the aforesaid suggests that the boundaries of sport are constantly expanding likewise the legal relations regulated in the digital era by criminal legislation, as well as the related law enforcement issues. At the same time, it must be acknowledged that the current legislation is imperfect, and the issues of countering illegal methods of influencing the results of computer sports competitions and electronic doping, fraud and corruption, as well as criminal protection of copyright and related rights, problems of the ratio of criminal and non-criminal in esports are understudied by experts.
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Савченко, Елена, and Elena Savchenko. "Problems of Licensing Procedures Implementation in Communication Sphere." Journal of Russian Law 3, no. 6 (June 5, 2015): 0. http://dx.doi.org/10.12737/11442.
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The article considers problems of licensing procedures implementation in the communication sphere. The author analyzes characteristic features of legal regulation improvement in implementation of licensing in the sphere of telecommunication services as part of a uniform industrial-engineering complex. The author reveals and justifies the necessity of modifying the Federal Law “On Communication” in regard to legal regulation improvement in provision of state services on granting licenses for telecommunication service rendering and approval documents for the use of radio frequencies, in regard to synchronization of standard legal regulation mechanisms in communication sector with the customs legislation norms within the framework of the Eurasian economic community, and modifying the Federal Law “On Licensing of Certain Types of Activity” with the purpose of unifying licensing procedures for the types of activity carried out with the use of information technology. The author focuses on the necessity of different licenses’ unification according to similar characteristics. The author justifies the necessity to envisage the possibility of licensing rights transfer to a reorganized legal body under the condition of continuity of the rendered services’ nature. On the basis of the conducted research the author suggests a stage-by-stage “inclusion” into the national legal system of the European law norms as the basis for overcoming the abovementioned negative tendencies.
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Buzova, Natalia N. "Judicial Protection of Copyright and Related Rights in the Context of Technological Changes." Rossijskoe pravosudie, S1 (October 5, 2022): 70–86. http://dx.doi.org/10.37399/issn2072-909x.2022.si.70-86.
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The use of digital technologies changes the objects of copyright and related rights, creates conditions for the emergence of new subjects that promote the use of the results of intellectual activity in information and telecommunication networks, and new forms of interaction between copyright holders and users. Such changes require not only the timely adaptation of legislative acts regulating relations in the digital environment, but also the development of uniform approaches in law enforcement practice. Despite the difficult epidemiological situation around the world, in the context of digital transformation, which affects, among other things, judicial activities, the interest of copyright holders in protecting their copyright and related rights continues to grow, and as a result, the number of cases considered by courts on violations of copyright and related rights is increasing. The analysis of Russian legislation in the field of intellectual property and judicial acts that relate to the civil protection of infringed copyright and related rights, carried out in the article, is aimed at identifying problematic aspects of law enforcement in the context of technological changes. When writing the article, in particular, the methods of analysis and synthesis, abstraction and induction, as well as other doctrinal and general scientific methods, were used. The article focuses on the issues of civil law protection of copyright and related rights violated, including when used in information and telecommunication networks. Separate methods of civil law protection are considered, including requirements for recognition of rights, suppression of actions that violate copyright and related rights, as well as publication of court decisions on the violation. The expediency of generalizing judicial practice in cases of violations of copyright and related rights in information and telecommunication networks, including with regard to the application of preliminary interim measures of protection, is noted.
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Ostapovich, Igor Yu, and Andrey V. Nechkin. "Implementation and protection of human rights on the Internet: Problems of ratio and balance." Vestnik of Saint Petersburg University. Law 13, no. 2 (2022): 565–80. http://dx.doi.org/10.21638/spbu14.2022.217.
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The Constitution of the Russian Federation enshrines one of the important postulates on the formation of the rule of law and civil society: a person and his rights and freedoms are of the highest value. In the modern period of development of information technologies, mankind entered into active communication relations through the global information and telecommunication network Internet, which in turn sharply raised the issue of the need to ensure effective protection of human and civil rights and freedoms in the process of interaction through the Internet, while maintaining a high level of guarantees for the realization of such rights and freedoms, as required by the fundamental international legal acts. The Russian Federation also did not stand aside from the above processes and was forced to take measures to protect the rights and freedoms of its citizens on the Internet, which, however, often boiled down to the introduction of new prohibitions and restrictions on such rights and freedoms. The authors of this article have made an attempt, taking into account the practice of the European Court of Human Rights and the Constitutional Court of the Russian Federation, to indicate the main directions for improving domestic federal legislation, in order to reflect in it the principle of the need to find a balance between the free implementation and protection of human and civil rights and freedoms in information and telecommunication network Internet. So that the actual problems of the realization of human rights and freedoms, due to the peculiarities of their implementation on the Internet, necessarily require the development of the most effective mechanisms for their protection in the new conditions of implementation, and not a complete rejection of the implementation of such rights and freedoms under the pretext of protecting them.
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Mondokhonov, Andrey N. "The problem about the development of the perspective the institute of complicity in the crime and its use in the modern circumstances." Russian Journal of Legal Studies 6, no. 3 (April 1, 2020): 153–59. http://dx.doi.org/10.17816/rjls19134.
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The author of the research-based conclusion about the prospects of development of complicity in a crime and its enforcement in modern conditions. With a view to the unification of the Institute of complicity and group crime it is proposed to replace the qualifying trait of offences group of persons and a group of persons by prior conspiracy for classifying sign of committing crimes in complicity on involving persons who are not capable of criminal responsibility, exclude classifying sign of committing crime organized group with the criminalization of the creation, management and participation in an organized group. Based on the experience of international law, as well as criminal legislation of foreign countries, expedience implementation in Russian criminal legislation of quantitative criteria of differentiation of organized groups and irregular. Places particular emphasis on intensive development of information and telecommunication technologies, which makes the remoteness and hence the remoteness and anonymity of the involvement of accomplices in criminal activities, including terrorist, extremist, in drug crime.
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Glazkova, L. V. "Extremist Crimes Committed Using the Sphere of Telecommunications and Computer Information." Actual Problems of Russian Law 16, no. 12 (November 22, 2021): 167–76. http://dx.doi.org/10.17803/1994-1471.2021.133.12.167-176.
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To successfully counter extremist and terrorist crime in the virtual space, it is important to implement measures for improving legislation (clarification of extremism features, the introduction of a list of extremist crimes into the law, etc.), as well as measures to improve the training of law enforcement officials, wider involvement of specialists and experts in the investigation of cases, establishing cooperation with providers in order to timely identify extremist and terrorist crimes, a deeper study of the personality of criminals who specialize in committing extremist crimes using the field of telecommunications and computer information. The use of telecommunications and computer information in the commission of extremist crimes indicates a high intellectual level of the criminal, which helps him not only to commit high-tech crimes, but also to hinder the investigation of his actions using the same knowledge and experience. In this regard, the social danger of both the criminal and the offence committed by him increases, which should be taken into account when solving and investigating crimes. In addition, the professionalism of criminals makes increased demands on law enforcement officers investigating crimes of this type, which means that it is necessary to constantly improve their training in the field of computer information and telecommunication technologies. The paper discusses some issues of classification of extremism using computer and telecommunication networks, gives a definition of extremism, and suggests ways to solve problems in the qualification and organization of the investigation of the crimes in question.
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Hlobenko, H. I. "Information and telecommunication system of pre-trial investigation: international experience and ways of implementation." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 188–98. http://dx.doi.org/10.32631/v.2021.4.16.
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The purpose of the article is to study the institute of pre-trial investigation and prospects for its further improvement by converting into electronic format. According to the goal, the research aims to develop a position on creating the most optimal model of information and telecommunication system of pre-trial investigation, as well as to study the prospects of its implementation and identify possible issues that may arise during pre-trial investigation in electronic format.
The introduction of electronic criminal proceedings is a very important and relevant step that will save significant time, money, reduce the time of consideration of relevant procedural documents, facilitate access of participants within their competence to the relevant materials of criminal proceedings and more. The provisions of the CPC of Ukraine already include attempts by the legislator to introduce electronic procedural proceeding, in particular through the possibility of using an electronic document and creating a Unified Register of Pre-trial Investigation. In addition, on December 15, 2021, the Law of Ukraine "On Amendments to the Criminal Procedure Code of Ukraine on the introduction of information and telecommunications system of pre-trial investigation" came into force, the provisions of which should regulate the procedure of electronic criminal proceedings. Detailed acquaintance with its contents gives the chance to outline a number of essential lacks.
The provisions of the Ukrainian legislation and some countries of the world community on the regulation of general requirements for the implementation of electronic criminal proceedings have been summarized. With this in mind, a number of problematic theoretical and applied issues have been identified, on the basis of which scientifically sound proposals have been formulated, which are directly related to making changes and additions to the current legislation.
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Lazebnyi, V. M. "Current Aspects of Legal Regulation for Monitoring Electronic Communications and Removal of Information from Electronic Communication Networks in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 113–25. http://dx.doi.org/10.32631/v.2021.3.10.
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The article is focused on studying current aspects of normative and legal regulation for monitoring electronic communications in foreign countries and in Ukraine; on the features of conducting search and investigative actions on the removal of information from electronic communication networks.
The legislation of Ukraine does not currently provide the procedure for creation and implementation of interception systems for electronic communications, does not define organizational and technical requirements that should guarantee conditions for monitoring such activities, despite the relevance of modern legal regulation of conducting search, operative and technical measures in communication networks. rapid development of electronic information technology.
The legislator made an attempt to legally regulate the implementation of operative and technical measures in electronic communication networks in the Criminal Procedural Code of Ukraine dated from April 13, 2012, which provided the removal of information from transport telecommunication networks. Relevant norms were also provided in the Law of Ukraine “On Operative and Search Activities”. Regarding the dynamic development of legislation, which is primarily due to the adoption of the Law of Ukraine “On Electronic Communications” dated from December 16, 2020, the author of the article has stated the need to update the existing procedure for such activities.
The author has suggested measures, the realization of which should improve the capacity of authorized law enforcement agencies to combat crime in the field of information and communication technologies: adoption of the Law of Ukraine “On Interception of Electronic Communications”, amendments to the Laws of Ukraine “On Electronic Communications”, “On Operative and Search Activities”, “On Counterintelligence Activities”, “On Combating Terrorism”; bringing the norms of domestic legislation in line with the provisions of the Convention on Cybercrime; creation of conditions necessary to improve the capacity of authorized state agencies to remove information from electronic communication networks; establishing proper cooperation with foreign law enforcement agencies.
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Leach, Andrew, and Eric Adams. "Seeing Double: Peace, Order, and Good Government, and the Impact of Federal Greenhouse Emissions Legislation on Provincial Jurisdiction." Constitutional Forum / Forum constitutionnel 29, no. 1 (February 3, 2020): 1–20. http://dx.doi.org/10.21991/cf29392.
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Federal regulation of greenhouse gas (GHG) emissions presents a difficult challenge for Canadian constitutional law. The federal government’s legislation to implement a national minimum standard of GHG emissions pricing, the Greenhouse Gas Pollution Pricing Act (GGPPA), and the trio of reference cases launched by Saskatchewan, Ontario, and Alberta questioning its constitutional validity, have brought the law and politics of GHG emissions pricing to the forefront of Canadian federalism. In the two appellate court decisions delivered to date, the legislation has been sustained as a valid exercise of Parliament’s power to legislate for the Peace, Order, and Good Government (POGG) of Canada. In each case, however, judges have expressed significant concern with respect to the impact of the legislation on provincial jurisdiction.
We draw on recent and historic jurisprudence to characterize conceptual errors that have bedevilled POGG, specifically in the tendency to overestimate its impact on provincial jurisdiction. We then examine the existing interpretive principles that limit POGG’s ability to upend the critical balance inherent in the division of powers. Finally, we discuss how a properly empowered, calibrated, and constrained POGG relates to the GGPPA. We argue that the reduction of national GHG emissions constitutes a valid federal subject under the national concern branch of POGG, and that the GGPPA is a valid exercise of federal jurisdiction. We see no reason under the double aspect doctrine and cooperative federalism why provinces would lose any existing provincial jurisdiction as a result of the implementation of the GGPPA. Rather, a restrained approach to paramountcy, and the mechanics of the GGPPA itself suggest that provincial and federal legislation will work concurrently on GHGs. That seems entirely appropriate given the nature of the climate change crisis before us. In the legislative challenge of our time, we believe Canada’s Constitution is up to the task.
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Ozerov, Igor, Olga Katayeva, Denis Rudov, Elena Cherkasova, Anastasia Volchenko, Ekaterina Domracheva, and Oksana Ilyakina. "Some Aspects of Prevention and Investigation of Damage to the Railway Telecommunications Facilities." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 358–65. http://dx.doi.org/10.17150/2500-4255.2018.12(3).358-365.
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The authors study the issues of preventing the damage to the railway telecommunications infrastructure by analyzing the current criminal procedure legislation, criminal legislation and criminalistics views on the methods and means of counteracting crimes under Art. 215.2 of the Criminal Code of the Russian Federation. They present the algorithm of actions of the law enforcement employees and the specialists servicing the railway facilities when such offences take place. The authors analyze the procedural investigative activities regarding the employees of the organizations that service the railway infrastructure. The investigation of crimes under Art. 215.2 of the Criminal Code of the Russian Federation requires expert knowledge in the sphere of servicing railway transport. The authors specifically examine some evidence acquired during the preliminary investigation and the methodology of some investigative actions (interrogation of witnesses, representatives of the aggrieved party, inspection of the crime scene). They analyze the procedure of evaluating the damage inflicted on sophisticated telecommunication facilities. They also single out a number of special characteristics of the investigative methodology for crimes under Art. 215.2 of the Criminal Code of the Russian Federation when specialists in servicing complex telecommunications facilities are called to give testimony. It is noted that countries bordering on the Russian Federation and members of the Customs Union are gradually harmonizing their criminal and criminal procedure legislation with the legislation of the Russian Federation. The paper states that today the Russian Federation has sufficient legislative base to form a system of preventing crimes against railway telecommunications infrastructure. In conclusion the authors present a number of measures to counteract crimes under Art. 215.2 of the Criminal Code of the Russian Federation, offer their brief description and the recommendations for using them. They stress the necessity of cooperation between the owners of the railway facilities, the law enforcement bodies and the mass media.
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Ivantsov, Sergey, Sergey Borisov, Gulfiya Usembaeva, Tatiana Muzychuk, and Yuri Tishchenko. "Relevant Problems of Improving the Measures of Criminological Prevention of Extremist Crimes Committed Using Information and Telecommunication Networks." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 776–84. http://dx.doi.org/10.17150/2500-4255.2018.12(6).776-784.
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The goal of this study is to identify the problems in the existing system of criminological prevention of extremist crimes committed using information and telecommunication networks, and to work out ideas for its improvement. The authors use general and special research methods, primarily, sociological ones. They have studied 184 criminal cases of extremist crimes committed using information and telecommunication networks tried in courts in the cities of Irkutsk, Moscow, Penza, in Kursk, Moscow, Murmansk, Samara and Chelyabinsk Regions and in the Republic of Bashkortostan in 2010–2017. The have also analyzed the published decisions of the Supreme Court of the Russian Federation and surveyed 158 employees of the internal affairs bodies, 42 judges, 80 employees of the Investigation Committee of the Russian Federation, as well as 46 faculty members from Moscow, Moscow Region and the Republic of Bashkortostan. The authors have analyzed statistical data for 2010–2017 gathered by the Chief Information and Analytics Center of the Ministry of Internal Affairs of Russia and the Court Department of the Supreme Court of the Russian Federation. The article takes into account novels of criminal legislation regarding the use of information and telecommunication networks for committing extremist crimes introduced in 2013–2017, the clauses of the Federal Law «On the Basics of the System of Preventing Crimes in the Russian Federation» of 2016. The authors also pay attention to the Strategy of State National Policy of the Russian Federation until 2025, the Counter-Extremism Strategy of the Russian Federation until 2025, the Doctrine of Information Security of 2016, the Strategy of Developing Information Society in the Russian Federation in 2017–2030, and the new Clarifications of the Plenary Session of the Supreme Court of the Russian Federation. A complex research of the problems of counteracting extremist crimes committed with the use of information and telecommunication networks allowed the authors to formulate suggestions on improving the system of criminological prevention of these criminal acts.
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Shakhmatov, Aleksandr V., and Aleksandr A. Paltsev. "On Detention in Flagrante Delicto of Persons Engaged in Committing Crimes Related to Illegal Trafficking of Drugs." Drug control 4 (December 24, 2020): 21–26. http://dx.doi.org/10.18572/2072-4160-2020-4-21-26.
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The purpose of the work is to consider certain problematic issues arising in the course of the implementation by law enforcement agencies of activities to suppress crimes in the sphere of illegal circulation of narcotic drugs and psychotropic substances committed using the capabilities of the information and telecommunication network «Internet», in particular technologies that make it difficult to identify specific users of this networks. Methodology: analysis of law enforcement practice, taking into account the current legislation. The conclusion based on the results of the study is that understanding the illegal schemes and technologies used allows law enforcement officers to timely and correctly assess the possibility of suppressing the criminal activities of drug traffickers and determine the forces and means necessary for this, as well as the tactics of their actions, to conduct detention at the right time and with maximum effect red-handed specific individuals, collect evidence and prosecute all accomplices in criminal activity. Scientific and practical significance: highlighting the features of online stores used for the sale of drugs, substantiating the elements of a tactical operation — the arrest of a drug dealer red-handed.
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Stel'mah, Vladimir. "Need to change the design of investigative actions aimed at obtaining information transmitted by means of communication." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 146–55. http://dx.doi.org/10.35750/2071-8284-2021-1-146-155.
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Abstract: Relevance of the research topic. The obvious trend of social activity was the digitalization of almost all aspects of people’s lives, which led to a sharp increase in information transmitted in digital (electronic) form. The Criminal Procedure Law provides for investigative actions aimed at obtaining this information for subsequent use in criminal evidence. However, some changes to the law are not quite systemic, are not supported by theoretical studies, which complicates law enforcement practice, forms the prerequisites for violating the uniformity of application of the law, and infringement of the rights of participants in criminal procedure. Problem setting. The constant improvement of the means of communication objectively leads to an expansion of their scope. In response, the legislator designs investigative actions that allow obtaining information transmitted by means of communication. However, some legislative decisions could not be considered optimal. Thus, having fixed in Art. 185 of the Code of Criminal Procedure of the Russian Federation the possibility of obtaining information transmitted by e-mail, the legislator did not take into account that this norm applies only to postal operators. In addition, since 2018, telecommunication operators have been required to record and store the content of all communication sessions served by them. However, these provisions are not taken into account in the criminal procedure law, which establishes another procedure for obtaining information. Research objectives and methods. The purpose of the study is to develop proposals for improving the normative design of investigative actions aimed at obtaining information transmitted by means of communication. The tasks of the study are to analyze the provisions of the Criminal Procedure Law and the legislation on communication, to identify conflicts between them. The methodological basis of the study was the dialectical-materialistic method, as well as the general scientific methods of scientific knowledge: analysis and synthesis, induction and deduction, formal-logical, systemic. Results and key findings. To eliminate the resulting collision, it is necessary to design a universal investigative action that allows you to obtain information transmitted by telecommunication means, both the content of negotiations and the billing parameters of the connection.
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Kirilenko, Viktor, and Georgy Alekseev. "The Harmonization of Russian Criminal Legislation on Counteracting Cybercrime with the Legal Standards of the Council of Europe." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 898–913. http://dx.doi.org/10.17150/2500-4255.2020.14(6).898-913.
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Crimes that happen in the virtual environment created by digital technologies inflict considerable economic damage. Mercenary motives of criminals in the information society are giving rise to increasingly more and more sophisticated methods of abusing the trust of computer networks’ users. The harmonization of Russian legislation on counteracting cybercrimes with the legal standards of the Council of Europe is inevitable due to the trans-border character of crimes committed using information and telecommunication technologies, and to their high public danger. The methodology of researching cybercrime is based on the comparative analysis of Russian law enforcement practice on crimes in the sphere of computer information and the most progressive practices of counteracting cybercrime in the member states of the Council of Europe. The methods of inclusive observation and discursive analysis make it possible to identify latent delicts in contemporary information space. The analysis of criminal legislation and the practices of criminal behavior in cyberspace are aimed at improving the measures of counteracting the violations of fundamental human rights in the process of the digitization of economy, when fraud based on the abuse of network users’ trust becomes the most typical virtual crime. Internet users are interested in reporting the facts of offences in the information space on the condition that the state protects their fundamental freedoms. The creation of closed social networks by criminal organizations and the widening technical opportunities for extortion result in the creation of universal schemes that enrich criminals, who are not only interested in reducing the state’s influence on public relations, but are also trying to establish their dominance in the economic space of information society. The effective policy of law enforcement bodies on counteracting economic crimes in the global information space requires an international consensus regarding the development of public-private partnership in identifying cybercrimes and suppressing criminal practices connected with the use of information technologies.
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Sergeev, A. B. "Crime investigations and common mistakes when detecting and withdrawing the evidence of cyber criminal actions." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 3 (2022): 25–33. http://dx.doi.org/10.18323/2220-7457-2022-3-25-33.
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Telecommunication technologies made it possible for the society to use both real (material) and virtual space. Some actions injuring social relations fall under the criminal legislation prohibition: Articles 272, 273, 274, and 274.1 of the RF Criminal Code. The investigated crimes committed in the material world have a large tried and tested investigative and judicial practice, but the investigation of cyber crimes has a weak empirical base and a limited scientific experience. This indicates the existence of a criminalistically significant problem and the necessity of its solution. The paper presents the list and brief criminalistic overview of common mistakes made by investigative authorities when detecting and withdrawing the evidence of cyber crimes. Based on the system-comprehensive approach, the author gives an overview of information computer network elements criminalistically significant for an investigation; carries out the analysis of the implementation of evidentiary law provisions when investigating crimes in the telecommunication space. In conclusion, the author explains the digital footprint universal nature and enumerates typical mistakes when detecting and withdrawing the evidence of cyber criminal acts. The paper states that such order of things sets before the scientists and practitioners the task of improving forensic methods, tools, and tactics for detecting traces of a crime in the information (virtual) space and their procedural legal enshrinement. The author proposes a direction of solving this problem. It does not indicate the necessity to revise the existing evidentiary law theory and to supplement it with new procedural aspects fixing special characteristics of digital information. The author highlights that the mistakes made by investigators are not caused by the gaps in scientific knowledge of a forensic or legislative nature. The problem solution lies in the practical plane of the IT-technologies knowledge improvement by the investigators conducting the examination.
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Bukalerova, Liudmila A., Alexandr V. Ostroushko, and Olga Criez. "Crimes against information security of minors committed through information and telecommunication networks (including the Internet)." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 17–35. http://dx.doi.org/10.21638/spbu14.2021.102.
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The article analyzes crimes against information security of minors, committed through information and telecommunication networks (including the Internet), infringing upon such rights and interests of children as the right to life, health, sexual integrity, normal sexual, physical development and moral education, honor, and dignity. The increasing number of infringements on the information security of minors leads to the fact that the legislator formulates additional articles in the Criminal Code, or makes changes to the wording of existing ones. The authors note that there is a negative tendency in such activity, when the legislator focuses his activity only on the prompt counteraction to the emerging risks. This approach is not sufficient in order to effectively combat cybercrime, it requires complex cross-sectoral solutions. The information security of a person will not be fully ensured only by supplementing the already existing articles of the criminal law with the qualifying feature “committed through information and telecommunication networks (including the Internet). The types of information crimes, including against the interests of minors, have a steady tendency to increase. Given the importance of the problems posed in the article, it is necessary to talk about the need for a thorough scientific, technical, organizational study of the problems of cybercrimes against minors. The time has come to unify criminal and information legislation. The article concludes that there is a need to introduce into the Criminal Code of the Russian Federation the article “Dissemination of information that is harmful to the health and (or) development of children”.
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Yukhno, O. "Forensic support of the activities of forensic science institutions and pre-trial investigation and inquiry bodies in counteraction to crime." Theory and Practice of Forensic Science and Criminalistics 23, no. 1 (July 27, 2021): 61–74. http://dx.doi.org/10.32353/khrife.1.2021.04.
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Pressing issues of forensic support of activities of pre-trial investigation and inquiry bodies in countering criminal offenses are outlined.
The concept and essence of crime counteraction are considered. The article analyzes the national criminal procedural legislation, departmental regulatory legal framework and their amendments concerning the direction under study, genesis of scientific findings on theoretical and applied issues of forensic support of the activities of pre-trial investigation and inquiry bodies in this direction, as well as the genesis of the concept and essence of forensic science as a science.
The modern state of the development of forensic science, current high-priority issues and feasibility of changing the scientific paradigm of forensic science as well as the use of innovations are studied; ways for their improvement are proposed. Theoretical and applied problematic issues of criminalistics are subject to thorough study and resolution. Fundamental changes are required both in criminalistics in general and in particular in its individual areas. The current legislation, law enforcement agencies, forensic science institutions, prosecutors’ bodies and judicial bodies, as well as law enforcement, in which modern advances in science and technology (in particular, computer and telecommunication technologies) are being implemented should be reformed. The article highlights such problematic issues as the improvement of the forensic characteristics of cer-tain types of crimes, forensic techniques combining forensic techniques and tac-tics. The issue of further implementation in law enforcement and forensic expert activities of promising molecular genetic examinations for pre-trial investigation bodies, including the method of DNA analysis is outlined separately and fully.
Relying on the results of research, specific author proposals and recommenda-tions are provided on the studied area of activity in general and in individual directions.
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Koverznev, V. O., and O. S. Sheremet. "PROBLEMS OF JUDICIAL PROTECTION OF THE RIGHTS OF PERSONS IN CONDITIONS OF MARITIME." Economics and Law, no. 2 (August 9, 2022): 25–30. http://dx.doi.org/10.15407/econlaw.2022.02.025.
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The article proves that the military aggression of the armed forces of the russian federation against Ukraine has led to the impossibility of administering justice in those regions of the independent state that have been attacked by russian war criminals. This resulted in the transfer of territorial jurisdiction to a significant number of local courts that were destroyed or severely damaged by the enemy, or located in the occupied territories or encirclement, to the jurisdiction of those local courts in areas where hostilities are not currently taking place. to ensure the right of access of persons to court on a territorial basis. Emphasis is placed on the fact that the current procedural legislation of Ukraine, which determines the procedure for economic, administrative and civil cases, provides for mandatory operation in the general courts of the Unified Judicial Information and Telecommunication System, which ensures registration of all procedural applications received by the court; automated determination of a judge or panel of judges to consider a specific case; exchange of documents in electronic form between courts, as well as between the court and the parties; sending court decisions and other procedural documents to litigants to their official e-mail addresses; consideration of cases on the basis of materials created in electronic form. It is concluded that the introduction of the Unified Judicial Information and Telecommunication System as the basis for the functioning of the general courts of Ukraine puts their procedural activities in complete dependence on the stability and quality of information and telecommunication systems and the Internet. In such circumstances, under martial law, the General Courts of Ukraine, which have the technical and human capacity to administer justice, are threatened with closure in the event of unstable operation of information and telecommunications systems or disconnection from the Internet, which precludes judicial protection guaranteed by Article 51 of the Constitution of Ukraine. In this regard, it is proposed to introduce into the procedural codes of Ukraine additional rules that allow general courts to move to martial law, in case of unstable operation of information and telecommunications systems or disconnection from the Internet, paperwork and litigation, as well as introduce a temporary moratorium on the entry of court decisions adopted during this period in the Unified Register of Court Decisions, which will guarantee the sustainable operation of courts in difficult times of the state’s existence.
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Milash, V. S. "OBJECTS OF INTERNET LEGAL RELATIONS IN CONDITIONS DIGITALIZATION OF ECONOMY." Economics and Law, no. 2 (September 9, 2021): 16–24. http://dx.doi.org/10.15407/econlaw.2021.02.016.
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The main trend of modern economic turnover and development is the global digitalization of all spheres and industries of the economy. For this reason new types of economic relations arise within their boundaries. The article examines the current situation and prospects for the development of legal regulation of Internet relations in the context of economic development. A number of problematic issues of the legal nature of individual objects of the economic rights that exist in a virtual (digital) format are analyzed. The issues of legal regulation of relations in the structure of which there is the so-called virtual element in a particular digital / virtual object are specifically analyzed. Special attention is paid to virtual assets, computer programs and software, artificial intelligence and the concept of the “Internet of Things”, etc. Emphasis is placed on the need for legislative consolidation of the concepts of virtual property and virtual objects, as well as objects with hybrid cyber-physical nature and their subsequent inclusion in the list of property in the economy of the business sector. Basic approaches to legal regulation of robotics based on artificial intelligence have been established. It is determined that the possibility of achieving a synergistic effect in the legal regulation of relations with virtual objects makes it necessary to make appropriate additions to the provisions of the Economic and Civil codes of Ukraine, as well as modernization of legislation in the field of intellectual property and innovation activities, investment legislation, legislation on property and property rights assessment, e-commerce, foreign economic activity on the Internet, protection of consumer rights of digital goods, etc. When adding and formulating these provisions into national legislation it should be taken into consideration the basis for international legal regulation of these issues submitted by acts of soft law, which are of a recommendatory nature. (These are the recommendations on artificial intelligence developed by the ETO-T Y.2060 (06/2012) Economic Telecommunication Organization “Overview of the Internet of things”).
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Fomina, T. H. "Peculiarities of criminal proceedings materials preservation in conditions of martial law." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 250–60. http://dx.doi.org/10.32631/v.2022.2.22.
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Taking into account the latest legislative changes to the Criminal Procedure Code of Ukraine, the theoretical and practical issues of the preservation of criminal proceedings materials in the conditions of martial law are highlighted. The judicial practice regarding the restoration of lost materials of criminal proceedings has been analyzed. The study of the decisions entered into the Unified State Register of Court Decisions shows that the recovery of criminal proceedings materials is not yet a widespread practice, which is due to several factors. It is emphasized that the restoration of the materials of criminal proceedings in the future will depend on the availability of criminal proceedings material copies at the investigator’s, inquirer’s and prosecutor’s disposal, given that the legislative changes to Art. 615 of the Criminal Procedure Code of Ukraine are quite timely and appropriate.
The list of pre-trial investigation materials that must be kept by the inquirer, investigator or prosecutor in electronic form is given. A systematic analysis of the criminal procedural legislation and legal acts made it possible to conclude that the preservation of the materials of the criminal proceedings in electronic form is possible in the case of: 1) production in electronic form using a qualified electronic signature of an official; 2) creation of a pre-trial investigation using an information and telecommunications system; 3) digitization, i.e. transformation of criminal proceedings materials into electronic format. Saving the materials of criminal proceedings in electronic form by means of digitization is currently a more accessible method, given the impossibility of fully using the «eCase» information and telecommunication system at all pre-trial investigation bodies, as well as given the limitations on the volume of procedural documents that can be produced in electronic form using a qualified electronic signature.
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Bryukhina, Eugenia R., and Ekaterina A. Chertkova. "MEDIATION AS AN ALTERNATIVE WAY OF SETTLING FAMILY DISPUTES IN THE RUSSIAN FEDERATION." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 133–47. http://dx.doi.org/10.17223/22253513/40/12.
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The article examines the specific goals and objectives of family mediation, the characte-ristics of the status and work of the mediator and the characteristics of the procedure of recon-ciliation of the parties to the family legal conflicts, touches on the problems of legislation and practice of mediation in the consideration of family legal conflicts. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedures with the participation of a mediator. Modern formation and development of civil society in conditions of democracy reveals more and more interest of participants of legal relations in independent settlement of disputable situations. With the adoption of Federal Law No. 193-FZ of 27.07.2010 "On alternative dis-pute resolution procedure with the participation of a mediator (mediation procedure)" media-tion is increasingly being used as one of the most efficient non-jurisdictional means of dispute resolution. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedure with the participation of a mediator. The methodology of the study is based on the formal-legal method, which is used in the study of the legal institution of mediation. In addition, as part of the study of the fre-quency and nature of the use of mediation procedures for the resolution of disputes referred to the court, the statistical method was used. The paper examines the legislation on mediation of the Russian Federation, identifies some problems of law enforcement, and proposes possible ways to solve them. The article proposes to eliminate legislative contradictions regarding the possibility of recourse to court with an agreement on mediation, to indicate in the Federal Law "On Mediation" the existence of a mediation agreement is not a condition but a basis for mediation, as well as to legislate the possibility of mediation by telecommunication.
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Б.Я., Гаврилов,. "Criminal law sanctions for corruption-related crimes: an opinion of the scientific community and a view of the law enforcement officer." Penitentiary Science, no. 4(60) (December 16, 2022): 388–96. http://dx.doi.org/10.46741/2686-9764.2022.60.4.005.
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Введение: статья посвящена анализу основополагающих положений Уголовного кодекса Российской Федерации в части уголовно-правовых санкций за преступления коррупционной направленности и их влияния на эффективность реализации государством в лице правоохранительных и судебных органов мер по обеспечению справедливости наказания за уголовно наказуемые деяния данного вида. Цель: на основе исследования норм уголовного законодательства и внесенных в него за последние два десятилетия изменений и анализа статистических данных о назначаемых судом за отдельные наиболее распространенные виды коррупционных преступлений уголовных наказаний изложить отмеченные представителями научного сообщества и правоприменителями недостатки уголовного законодательства в данной сфере борьбы с преступностью и одновременно предложить меры по совершенствованию уголовно-правовых санкций, способных наряду с вектором государства на либерализацию уголовной ответственности обеспечить снижение угрозы коррупционной опасности, что в целом призвано обеспечить безопасность государства, в первую очередь в сфере его экономической деятельности. Методы: исторический, сравнительно-правовой и эмпирический, теоретические методы формальной и диалектической логики, частно-научные методы, юридико-технический и метод толкования конкретных юридических норм. Результаты: на основании анализа современного состояния уголовного законодательства и внесенных в него начиная с 2003 г. изменений в части либерализации уголовно-правовых санкций и складывающейся су- дебной практики назначения уголовного наказания в виде лишения свободы и штрафа дается в целом негативная оценка и обосновывается необходимость их совершенствования в целях соответствия уголовно-правовых предписаний реалиям борьбы с коррупционной преступностью и обеспечения тем самым законности, справедливости и равенства граждан перед законом и одновременно гуманизма при реализации норм уголовного закона. Выводы: для обеспечения указанных принципов уголовного закона применительно к современным реалиям (новые виды преступлений, в том числе их совершение с использованием информационно- телекоммуникационных технологий, значительное увеличение размеров причиненного преступлениями материального ущерба как государству и иным хозяйствующим субъектам, так и гражданам) требуется принятие законодателем соответствующих мер по совершенствованию уголовного законодательства, в частности корректив нижних пределов таких конкретных уголовно-правовых санкций, как лишение свободы и штраф, размеры которых сегодня снижают уровень эффективности борьбы с коррупционными преступлениями, в том числе относящимися к категории не только тяжких, но и особо тяжких преступных деяний. Introduction: the article analyzes fundamental provisions of the Criminal Code of the Russian Federation in terms of criminal law sanctions for corruption-related crimes and their impact on the effectiveness of measures implemented by the law enforcement and judicial authorities to ensure fairness of punishment. Purpose: on the basis of the study of criminal legislation norms and their amendments made over the past two decades and the analysis of statistical data on criminal penalties imposed by the court for certain most common types of corruption-related crimes, to outline criminal legislation shortcomings in this sphere noted by representatives of the scientific community and law enforcement officers; to propose measures for improving criminal sanctions, capable, along with the state’s focus on the criminal liability liberalization, to lower corruption risks, thus ensuring the state security, primarily in the sphere of its economic activity. Methods: historical; comparative legal and empirical methods; theoretical methods of formal and dialectical logic, private scientific methods; legal and technical methods and the method of interpretation of specific legal norms. Results: on the basis of the analysis of the current state of criminal legislation and the amendments introduced into it since 2003 regarding liberalization of criminal law sanctions and the emerging judicial practice of imposing criminal penalties in the form of imprisonment and a fine are generally negatively assessed and the need for their improvement is justified in order to comply with realities of the fight against corruption-related crime and thereby ensure legality, justice and equality of citizens before the law and at the same time humanism in the criminal law norms implementation. Conclusions: in order to ensure these criminal law principles in relation to modern realities (new types of crimes, including their commission using information and telecommunication technologies, a significant increase in the amount of material damage caused by crimes to both the state and other economic entities and citizens), it is necessary for the legislator to take appropriate measures to improve criminal legislation and, in particular, adjust lower limits of such specific criminal law sanctions as imprisonment and a fine, the size of which today undermines effectiveness of the fight against corruption-related crimes, including those belonging to the category of not only serious, but also especially serious criminal acts.
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Datsenko, O. I. "THE DEFINITION OF THE CONCEPT OF «ELECTRONIC SERVICE»." Legal horizons, no. 17 (2019): 35–41. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:35.
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The article defines the concept of “electronic service”, analyzes the normative and doctrinal approaches to the understanding of this institute, defines regulatory and legal acts on the regulation of electronic services in Ukraine, analyzes the legislation on the definition of the concept of “electronic service”, the correlation of various definitions of the concept, presented in the legislative acts, examples from foreign law concerning the concept of “electronic service” is given, the foreign experience of innovations is described, and the functioning and functioning of electronic services. The author notes that scientific and technological progress brought in the 21st century a lot of new scientific as well as progressive technical achievements. Today, it’s hard to imagine a life without modern electronic technologies, including the Internet, electronic computers, various gadgets, and so on. For a long time, technology has rooted in our lives, and now it is commonplace in the society to realize business partnerships with the help of information and telecommunication technologies, to provide information interaction between the bodies of public administration (state authorities and local self-government), on the one hand, and also, individuals and legal entities on the other. Civilization has gradually come to the urgent need for the introduction of electronic technologies into the lives of every citizen by providing administrative public services electronically. It has long been clear that both receiving and providing such services are convenient, economically feasible, and appropriate in the current realities. Therefore, the study of the concept of «electronic services», to date, seems to be an actual direction of scientific activity, because the correct understanding of the legal nature, the essence of this concept contributes to ensuring the proper mechanism of information interaction between subjects of power and citizens. Keywords: electronic service, electronic input, information and telecommunication technologies, state bodies, public services.
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Shabatura, M. M., and R. O. Salashnyk. "Analysis of personal data protection methods according to ukrainian legislation and the GDPR." Ukrainian Journal of Information Technology 3, no. 2 (November 23, 2021): 51–57. http://dx.doi.org/10.23939/ujit2021.02.051.
Full textAbstract:
The problem of modern technologies rapid development is shown and characterized, which makes the issues of Internet users personal data protection very urgent. The current state of personal data protection in accordance with the requirements of Ukrainian legislation and the General Data Protection Regulation (GDPR) is analyzed. It is also determined which data belong to personal data and why they are subject to protection. According to Ukrainian Laws "On Access to Public Information", "On Personal Data Protection " and "About information protection in information and telecommunication systems" it was found the methods of personal data protection, peculiarities of processing information, storage, and transfer. Personal data is a kind of restricted access information so should be processed only in systems that have a comprehensive information security system possessing a certificate of conformity. Ukraine was one of the first countries, which introduce an electronic passport, so we considered the "DIIA" application. This application contains a huge database of personal data, that is why we investigate it and many interesting facts about the development are presented. The Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine for violation of requirements and non-compliance with the law on personal data protection in Ukraine are analyzed, penalties are also described. The requirements for personal data protection according to the European standard GDPR, namely, the procedure of pseudonymization, annihilation, encryption, etc. are given. A set of technical solutions and cybersecurity tools for implementing compliance with the GDPR standards is considered. In addition to technical solutions, important issues are security organization measures, these include staff training, adding privacy policies, proper organization of processes, providing access to personal data only to authorized employees. The penalty for violating the GDPR requirements has been clarified. Every country in the world is trying to ensure the protection of the personal data of its citizens at the legislative level by creating laws, regulations, and orders. It is emphasized, an important factor is to raise the awareness of citizens, who often ignore the problems associated with the protection of their personal data, including due to a lack of understanding of legal standards and requirements in this area. Keywords: personal data; processing; "DIIA"; protection; GDPR.
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Sutherland, Chelsea, Savannah Gleim, and Stuart J. Smyth. "Correlating Genetically Modified Crops, Glyphosate Use and Increased Carbon Sequestration." Sustainability 13, no. 21 (October 22, 2021): 11679. http://dx.doi.org/10.3390/su132111679.
Full textAbstract:
In the early 1990s, tillage was the leading form of weed control, with minimum/zero-tillage management practices incapable of long-term continuation. Presently, weed control through tillage has virtually disappeared as cropland management systems have transitioned largely to continuous cropping, with zero to minimal soil disturbance. Research was undertaken to examine what was driving this land management transition. A carbon accounting framework incorporating coefficients derived from the Century Model was used to estimate carbon sequestration in the Canadian province of Saskatchewan. The results quantify the transition from farmland being a net carbon emitter to being a net carbon sequesterer over the past 30 years. This evidence confirms the correlation between genetically modified, herbicide-tolerant crops and glyphosate use is a driver of the increased soil carbon sequestration. The removal of tillage and adoption of minimal soil disturbances has reduced the amount of carbon released from tillage and increased the sequestration of carbon through continuous crop production. Countries that ban genetically modified crops and are enacting legislation restricting glyphosate use are implementing policies that Canadian farm evidence indicates will not contribute to increasing agricultural sustainability.
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Yukhno, O. O. "Forensic Support of Pre-Trial Investigative and Inquiry Agencies’ Activities on Combating Crime." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 292–303. http://dx.doi.org/10.32631/v.2021.3.27.
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The problematic issues of forensic support of the pre-trial investigation and inquiry agencies’ activities on counteracting criminal offenses on the territory of Ukraine have been studied. The elements have been characterized and the concept and essence of counteraction to crimes both from the theoretical point of view and from law enforcement activity have been defined. The author has analyzed national criminal procedural legislation, departmental normative and legal base and amendments to them concerning, in particular, introduction of a new position – the expert in criminalistics and the researched direction, as well as the genesis and further development of scientific points of view in regard to theoretical and applied issues of forensic support of the pre-trial investigation and inquiry agencies’ activities in the specified direction, as well as on improving the concept and essence of criminalistics as a science and its role in combating criminal offenses. The author has studied the issues of current state and tendencies of criminalistics development, existing problematic issues and expediency of changing the scientific paradigm of criminalistics, application of innovations, introduction of modern achievements in the field of telecommunication and digital technologies, communication lines, Internet and the ways of their practical usage and further improvement. It has been stated that today’s theoretical and applied problems of criminalistics are subject to careful study, it is necessary to introduce radical changes in general and in some areas, which requires its consolidation in the current legislation, with further reform of law enforcement agencies, expert institutions, prosecutor’s office and courts, as well as in law enforcement activity, which introduces modern advances of science and technology, including artificial intelligence and modern advances in chemistry, including molecular one, as well as physics, cybernetics, technologies for the manufacture of new metals, their alloys and innovation in other areas of knowledge. The author has argued the existence of such problematic issues as the improvement of forensic characteristics of certain types of crimes, forensic methodology that combines forensic techniques and tactics, contributes to the further improvement of methods of investigating certain types of crimes. The issues of further dissemination and application in law enforcement and expert activities of molecular genetical examinations promising for pre-trial investigation, in particular methods of DNA analysis, have been separately and widely studied. According to the results of the research, the author has provided specific propositions and recommendations on the researched direction of activity in the whole and its separate branches.
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Tydykova, N. V. "A COMPARATIVE LEGAL ANALYSIS OF THE PROVISIONS CRIMINALIZING SEXUAL CRIMES IN RUSSIA AND SOME EUROPEAN COUNTRIES." Russian-Asian Legal Journal, no. 4 (February 3, 2020): 54–58. http://dx.doi.org/10.14258/ralj(2019)4.10.
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The article is devoted to a comparative legal study of the norms providing for criminal liability for sexualcrimes in the Russian Federation and some European countries. Some features of criminal liability for thisgroup of crimes in Spain, France, Israel, Norway, Sweden, Switzerland are investigated. It is noted that theapproach to differentiation for violent sexual crimes in different countries is different. Several qualifyingcircumstances were noted that could be borrowed to improve our legislation. These include: the commissionof the alleged assault, by a relative, relative or relative by virtue of adoption, or by any other person havingauthority over the victim; if the victim has come into contact with the perpetrator of criminal acts throughthe use of telecommunication networks; if the act is committed by several persons acting as performersor accomplices; using his official position. The rule that if two or more of the qualifying circumstances arepresent is assessed, the penalty is imposed closer to the upper limit of the sanction. It is proposed to carry out an additional analysis of the ban on disclosing the person’s name or any other data that may indicatethe person as a victim or as having lodged a complaint that he is a victim of a crime against sexual freedomor sexual integrity. Attention is also drawn to sanctions for the group of crimes under consideration. In theRussian criminal law they are more humane than in foreign countrie
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Saenko, M. I., E. A. Savela, and Y. Y. Topolyansky. "International experience against cyber crime and cyber crime." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 386–91. http://dx.doi.org/10.24144/2307-3322.2021.64.71.
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The article considers the concept of cybercrime, mechanisms for combating it at the international level (in the UN system), analyzes international legal acts governing the process of combating cybercrime. It is noted that today a large-scale problem of the world community is cybercrime, the number of which is growing every year. Despite the active growth of the IT industry and information space, businesses are still not fully aware of the importance of cybersecurity. Both the population and state (non-state) organizations become potential victims of criminal en-croachments.Cybersecurity means first and foremost responding quickly to threats within the Internet. It is noted that in most cases, the objects of cyberattacks are the Internet of Things and the industrial Internet of Things, as, first, a low degree of protection of devices and ports, cloud applications, application programming interfaces; second, there are no security standards.The experience of counteracting such new challenges and threats as cybercrime, information terrorism and ex-tremism, information fight operations, which not every country is able to cope with, is being studied.International experience in counteracting such new challenges and threats as cybercrime, cyber-fraud, informa-tion terrorism, phishing, vishing and smuggling, targeted phishing, impersonating another person and other methods of cyber-fraud, information control operations, which each is unable to deal with .The importance of international treaties in this area is noted, including the Commonwealth Model Law on Cybercrime of 2002, the Caribbean Model Law on Cybercrime (HIPCAR project), a joint project of the European Union and the International Telecommunication Union for the Pacific and Pacific States. UN project to develop cybercrime legislation for African countries.
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Starostenko, Oleg A. "New Methods and Classification of Fraudulent Actions during the COVID-19 Pandemic." Legal education and science 2 (February 18, 2021): 36–39. http://dx.doi.org/10.18572/1813-1190-2021-2-36-39.
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Purpose. Consideration of the method of committing crimes as a key element of the characteristics of crimes committed using information and telecommunication technologies during the period of current restrictions in Russia COVID-19; empirical analysis of the views of criminologists on the way of committing fraud; classification of methods of computer fraud during a pandemic. Methodology: when writing the article, the author used the methods of empirical (observation of the sanitary and epidemiological situation in the country and the state of crime) and theoretical research, through observation, monitoring and comparison — data from the media; information provided by the official websites of the Ministry of Internal Affairs of Russia, the General Prosecutor’s Office. Conclusions. An analysis of the established views of domestic and foreign criminologists on the method of committing cyber fraud allows us to draw conclusions about the lack of special knowledge about the method of committing a crime, criminological classification of fraudulent actions and the presence of differences in understanding the method of committing fraud in the sciences of criminology, criminal law and forensics. The use of the classification proposed by the author of the ways of committing fraud in the future, in our opinion, will allow to reflect in detail the online reality in the mind of the subject, reduce the process of victimization of the individual and minimize virtual risks. Scientific and practical significance. The conclusions and proposals contained in the article can be used in the process of improving legislation in order to prevent fraud on the global Internet and through telephone communications, serve as material for further scientific research in the field of information and telecommunications crime. The conclusions and suggestions made can be taken into account when creating special programs aimed at preventing fraud. The conclusions and results of the article may be of practical importance for the development of separate programs for control over the crime of victimization of the population and in lawmaking activities while improving the Russian legislation.
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Tarnopolsky, Walter S. "Le contrôle de la discrimination raciale au Canada." L'égalité devant la loi 18, no. 4 (April 12, 2005): 663–89. http://dx.doi.org/10.7202/042189ar.
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This article is divided into four parts: the first is a brief survey of race relations in Canada before the enactment of anti-discrimination legislation; the next two parts are devoted to an outline of the scope of this legislation and of the administration and enforcement of it ; finally, the last part suggests some current and possible future developments to make it more effective. Prior to the nineteenth century both the French and the British settlers in the colonies that have become a part of Canada had slaves. Slavery was not, however, very extensive due to lack of large agricultural holdings. At the end of the eighteenth century the legislature in Upper Canada and some judges in Lower Canada limited its expansion and helped to end its practice. The British Imperial Emancipation Act of 1833 brought it to an end. In the next few decades, up to the American Civil War, some Canadians helped run-away slaves from the slave-holding states in the United States, while others actively discouraged them from coming. By the end of the nineteenth century a new source of racial tension arose on the West Coast between the newer immigrants from Asia and the older immigrants from Europe. The result was the enactment of numerous discriminatory laws by the legislature of British Columbia and subsequently, on a lesser scale, by the other western provinces. Most of these remained on the statute books until after World War II. None of these laws were held invalid by the courts on the basis of their discriminatory nature. In addition, both the common law and the Civil Code were interpreted as not prohibiting private discrimination, except by hotel-keepers and common carriers. The change from this situation started in the I930's with a few specific legislative prohibitions of discrimination in specific instances. In the 1940's Ontario, with respect to signs and advertisements and Saskatchewan, with respect to a whole range of activities, enacted legislation prohibiting discrimination, enforcing their prohibitions with penal sanctions. The 1950's saw the introduction of fair employment and fair accommodation practices acts. By the I960's these were being consolidated into comprehensive human rights codes administered by human rights commissions. This trend has continued up to this year, with the result that all eleven jurisdictions have commissions charged with enforcing antidiscrimination codes or acts. The usual, but not invariable, procedure is the laying of a complaint, the investigation of it by the commission staff, an attempt to bring about a settlement and finally, failing that, a hearing before an adjudicative tribunal to determine whether an act of discrimination did occur and, if so, what redress is appropriate. In concluding, three suggestions are made regarding measures that could be taken to strengthen the effectiveness of anti-discrimination legislation: (I) contract compliance; (2) greater independence for the commissions from the government; and (3) giving the legislation paramountcy over other statutes.
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Ivanova, Liliya V., and Galina V. Perezhogina. "THE DIGITAL SPACE AS A CRIME SCENE UNDER GLOBAL CONSTRAINTS." Tyumen State University Herald. Social, Economic, and Law Research 6, no. 4 (2020): 155–71. http://dx.doi.org/10.21684/2411-7897-2020-6-4-155-171.
Full textAbstract:
COVID-19 pandemic has challenged many countries. Restrictive measures to curb the spread of the new coronavirus infection included self-isolation of citizens, as well as working and studying online, which was possible thanks to the development of information technology. However, the digital space has always attracted criminal attention. The pandemic was no exception: the number of cybercrimes has increased significantly. The digital space has no state borders, and locating the crime scene might be difficult. The concept of a “crime scene” is absent in criminal legislation that generates controversy in criminal legal science. The authors consider digital space as a criminal concept, analyze scientific views on the problem of determining the crime scene, highlight the features of the digital crime scene, and reveal the main types of cybercrimes. They conclude that the crime scene in the digital space is the place of information input and entrance into the information and telecommunication network with the subsequent implementation from this scene of the criminal act, regardless of the location of socially dangerous consequences. The research methodology includes traditional for criminal law science. The comparative legal approach allowed identifying the features of scientific and legal definitions, to define the digital space as a crime scene. The statistical method, through the analysis of crime statistics in the Russian Federation, helped showing the dynamics of crimes committed in the digital space, including during a pandemic. Using the method of analysis, the authors have studied the cybercrime cases.
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Olesya Nikolaevna, Kozodaeva. "Problem aspects of public control implementation of the work of institutions and authorities that conduct sentences." Current Issues of the State and Law, no. 12 (2019): 507–14. http://dx.doi.org/10.20310/2587-9340-2019-3-12-507-514.
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We analyze the legislation and practice of public control implementation of the work of institutions and authorities that conduct sentences. We consider the basic principles and directions of the Public Monitoring Commissions (PMC) activities, we list the problem aspects of the administrations interaction of corrections facilities (CF), mass media and public members. In addition, we study the conceptual foundations of the penal system (PS), measures of legal, organizational, informational, social and economic nature aimed at transparency and improving the conditions of serving a sentence. We ascertain that in practice there are cases in which misunderstanding and ignorance of the criminal, criminal procedural and correctional law legis-lation by members of the PMC, their inability to give an objective legal as-sessment of the behavior and actions of a particular subject (remand prisoner, convicted) and officials of administrations of the Federal Penitentiary Service (FPS of Russia) often creates prerequisites for destabilizing the work of institutions of forced detention (FD) and violating the order of serving sentences. In addition, we note that there are other unresolved tasks with the procedure for protecting the rights of convicted prisoners. Thus, we points out that to date, the issues of modernization and optimization of the security system of the CF, strengthening the material base, the formation of modern information and telecommunication infrastructures, ensuring the necessary level of social protection of the PMC employees, introducing modern technologies and technical means into practice of conduct of sentences and many others have remained unresolved.
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Gilmanov, Eduard, and Danila Kirpichnikov. "On the need to develop a methodology for investigating crimes in the field of digital information circulation." Current Issues of the State and Law, no. 14 (2020): 262–77. http://dx.doi.org/10.20310/2587-9340-2020-4-14-262-277.
Full textAbstract:
The relevance of the study is due to the transition of the processes of circulating information about the interaction of individuals into information and telecommunication devices, its systems and networks, which causes changes in the structure of crime, determines the emergence of new methods and ways of committing acts prohibited by criminal law. In accordance with the above, changes are also taking place in the sources for displaying trace information about a criminal event, which are used by information and tele-communication devices, its systems and networks with increasing frequency. These circumstances necessitate the transition from traditional methods of crime investigation in favor of those techniques and methods that take into account the current level of technical development, allow us to receive digital information and generate evidence on its basis. The purpose of the work is to justify the need to offer new methods for investigating crimes in the field of digital information circulation. In the course of study based on a set of meth-ods of scientific knowledge, including abstract and logical, modern means of evidence are analyzed, on the basis of which the conclusion is drawn about the need to reform the procedural legislation, and the early development of new means and methods of investigating crimes. We substantiate the need for the active use of new types of special forensic examination: information-technology, examination of digital signatures, the process of developing and using software, computer-network examination, circumstances examination of the creation and use of individual files, and also discuss a range of issues addressed by these examinations.
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Ismailov, K. "To the issue of personal information circulation in the national police databases." Fundamental and applied researches in practice of leading scientific schools 38, no. 2 (April 30, 2020): 41–45. http://dx.doi.org/10.33531/farplss.2020.2.7.
Full textAbstract:
The urgency of the problem under consideration is due to the outdated legal framework of Ukraine in the sphere of personal information circulation, which has been in existence for more than 10 years, given the significant gradual changes that have already taken place and are planned in the legislation of the member states of the European Union. And with the advent of modern information and telecommunication technologies, the issues of processing of personified information become even more urgent in view of respect for fundamental rights and freedoms of citizens.
The purpose of the article is to analyze the current legislation of the European Union and Ukraine in the sphere of the circulation of personal information during the detection, prevention and investigation of offenses.
Research methods. To achieve this goal, a number of scientific methods were used, namely: theoretical - to study and analyze national and international legal acts, scientific and methodological literature, summarize information to determine theoretical and methodological bases of the research; logical analysis - to formulate basic concepts and conduct classification; specific historical - to demonstrate the dynamics of the development of protection of personalized information about a person; dialectics - to determine the content and features of the constituent elements in the sphere of personal information turnover; empirical methods - to summarize the best practices of EU countries.
Results of the research. The article analyzes the recent changes in the EU countries in the field of protection of fundamental rights and freedoms of citizens when processing personal data by law enforcement agencies. Particular attention is paid to the urgency of storing personal data in police databases. The article also gives examples of European countries' law enforcement models in the area of the circulation of personal information. Attention is drawn to the basic principles of the processing of personal data, which are set out in the documents of the «Data Protection Package» adopted by the European Parliament, namely: legality, fairness and transparency; target restriction; minimizing data; accuracy; storage restrictions; integrity and confidentiality. The main provisions of the normative legal acts of Ukraine are presented, which reflect the norms regulating the sphere of turnover of personal data.
Practical importance. Thus, European legislation in the field of the circulation of personal information, which came into force in May 2018, significantly modernized the existing information relations. It is stated that in different EU countries there is an approach to regulating the timing of personal data retention in police bases, which should be compatible with the rights and freedoms of individuals. Changes in EU law go hand in hand with limiting the timeframes for finding information in police databases and differentiating information based on the nature of the crime, the person's age, time elapsed, and the person's behavior. Due to this, the legislator came to a balance between securing the right of privacy and property of a person for his personal data and the need to exercise the statutory functions of the state, performed in the interests of national security, protection of human rights and security.
It is necessary to introduce in Ukraine a new model of personal data turnover, which will be based on the modern realities of accumulation, processing, analysis and dissemination of information, by changing the provisions of regulations in the specified field in accordance with the principles set out in the documents of the «Data Protection Package», which provide creating conditions for ensuring a consistent international legal framework for the protection of personal data.
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Duben, Andrei Kirillovich. "International Cooperation of States in the Field of Information Security." Международное право и международные организации / International Law and International Organizations, no. 4 (April 2022): 120–29. http://dx.doi.org/10.7256/2454-0633.2022.4.39513.
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The article deals with topical issues related to the development of the international information security system and shows the main directions of the development of information security in international and information law. The cross-border nature of the use of information and telecommunication technologies makes it necessary to ensure a common and indivisible international information security. The lack of a uniform interpretation of the content of the concept of "information security" in the legislation of different States and in the international treaties concluded by them does not contribute to the development of a consistent terminology for the purposes of international cooperation at the universal level. It is concluded that the key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of States designed to promote an open, safe, stable, accessible and peaceful information and communication environment. The main conclusions of the study are that international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, the priority is to combine efforts to ensure international and national information security. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.
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S. O., Sunegin. "Concepts of «information society» and «electronic state»: issues of legal support." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 224–38. http://dx.doi.org/10.33663/2524-017x-2020-11-40.
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The article is devoted to the research of conceptual problems of legal support of functioning and development of information society and electronic state in the context of today’s realities. In the article the author proceeds from the fact that the information society is not just a society in which the activities of most people are related to the creation, analysis, storage and dissemination of information, using of information networks, information communication channels, etc., and such a society, in which the existence and activity of almost every individual are inseparable from the complex of information technology devices and related segments of the information space, free access to which is possible regardless of specific temporal-and-spatial dimensions, that is, from anywhere and at any time at the request of the individual. According to the author, the most urgent problems of legal regulation of the modern information society are the following: 1. The problem of the optimality of the relation between law and other social regulators in regulating relations functioning in the information society, in particular, finding a balance between legal and moral regulation of relations in the extraterritorial (global) information space. 2. The problem of establishing more relevant relationships between national and international (supranational) law in the process of regulating modern information relations. 3. The problem of correct alignment of priorities in the regulation of social relations in the information society. 4. The problem of transformation of the institution of legal responsibility for offenses and crimes committed through the use of information and telecommunication systems, in particular, the Internet. As a result of the research the author draws the following conclusions: 1. The complexity of ensuring effective legal regulation of relations in the information society is primarily due to the fact that within it individual freedom is gradually becoming an end in itself, which takes on various forms of expression, including those that are harmful to society and contrary to the norms and principles of the traditional morality. Freedom as an end in itself is already practically fully embodied in the virtual component of the information society, which, having a multifaceted relationship with the real social environment, contributes to the fact that within the latter the moral regulation of human relations is increasingly lost, which, among other things, is a necessary prerequisite for respect for the law and its prescriptions, embodied in the legislation, and therefore, for their proper implementation in an appropriate form. The devaluation of the values of traditional morality in the virtual information space has already led to a considerable number of moral-and-law problems at the theoretical and applied levels, as well as to the practical impossibility of solving them only through legal norms. 2. The functioning of the concept of «electronic state» should not completely supersede the traditional in society variants of the relationship between public authorities and individuals and legal entities, the benefits of which have not lost their relevance today. In particular, citizens and legal entities should be left with the right to choose the form of interaction with the authorities (oral, written or electronic), and individual exceptions to it can be established only in relation to specific relationships, the objective specificity of which stipulates the need for their normative fixing. Keywords: information society, electronic state, law, morality, Internet, legal liability, legislation.