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1
Wade, Marianne L. « Securing Defence Rights in Transnational Proceedings ». European Journal of Crime, Criminal Law and Criminal Justice 23, no 2 (18 avril 2015) : 145–69. http://dx.doi.org/10.1163/15718174-23022065.
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This paper identifies and analyses problems and weaknesses standing in the way of the provision of an effective defence in transnational criminal proceedings. Drawing upon some key findings of the Euroneeds study, it extrapolates results from that examination of eu criminal justice as valid for all transnational justice settings. It is argued that the failure to recognise legally the difference between national and transnational proceedings leads to a lacuna. Transnational criminal law and justice mechanisms are recognised as developed, above all, as tools of repressive criminal procedure leaving individuals facing them stripped of their constitutional identities and corresponding protective rights. It is argued that those creating transnational criminal law and justice mechanisms must recognise and provide for a more balanced system to avoid such contexts acting as constitutional loop-holes and to ensure the provision of defence rights and procedural safeguards in such proceedings.
2
Fursa, S. Ya, et E. I. Fursa. « The theory of the executive process and its conceptual apparatus ». Uzhhorod National University Herald. Series : Law, no 64 (14 août 2021) : 346–51. http://dx.doi.org/10.24144/2307-3322.2021.64.63.
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The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings:
1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).
3
Ho, Look Chan. « Anti-Suit Injunctions in Cross-Border Insolvency : A Restatement ». International and Comparative Law Quarterly 52, no 3 (juillet 2003) : 697–736. http://dx.doi.org/10.1093/iclq/52.3.697.
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In its simplest form, a transnational insolvency involves an insolvency1 proceeding in one country, with creditors located in at least one additional country.2 In the most complex case, it involves multiple proceedings, subsidiaries, affiliated entities, assets, operations, and creditors in dozens of nations. Complex international insolvencies continue to proliferate alongside a burgeoning world-wide free market economy that entails the globalisation of commercial and financial markets.3
4
Brotherton, David. « Proceedings from the transnational street gang/organization seminar ». Crime, Media, Culture : An International Journal 3, no 3 (décembre 2007) : 372–81. http://dx.doi.org/10.1177/1741659007082472.
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5
Asgarova, Matanat Pasha. « Issues of international cooperation in criminal proceedings : Some problems of reform ». Revista Amazonia Investiga 11, no 52 (29 mai 2022) : 186–94. http://dx.doi.org/10.34069/ai/2022.52.04.20.
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It is studied reforming’s problems of the teamwork between countries in the field of criminal justice. The fundamental principles on which the teamwork of countries in the struggle with transnational crime is built, both generally accepted and enshrined in the lawmaking of the Republic of Azerbaijan, as well as the principles that were studied in the works of foreign scientists, were analyzed. After analyzing these principles, the authors identified problematic aspects of the existing teamwork between the efforts of countries in the area of resisting transnational crime, suggested possible ways to solve them. Separately, the authors of the article studied and analyzed the problem of reforming legislation in the sphere of the teamwork of countries in the area of resisting transnational crime at different levels, taking into account the latest global trends in the area of resisting transnational crime. It is defined that the Republic of Azerbaijan is a democratic state in the sphere of the teamwork of countries in the area of resisting multinational crime. An analysis was made of the cause-and-effect relationships between globalization and digitalization of the world community, and crime without borders, their impact in the aggregate on the international teamwork of countries in this area.
6
Chartrand, Rupert. « Canadian stay of proceedings in transnational insolvencies (part I) ». International Insolvency Review 3, no 2 (1994) : 168–81. http://dx.doi.org/10.1002/iir.3940030206.
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Chartrand, Rupert. « Canadian stay of proceedings in transnational insolvencies (part II) ». International Insolvency Review 4, no 1 (mars 1995) : 1–24. http://dx.doi.org/10.1002/iir.3940040102.
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8
Lindt, Angela. « Transnational Human Rights Litigation ». Journal of Legal Anthropology 4, no 2 (1 décembre 2020) : 57–77. http://dx.doi.org/10.3167/jla.2020.040204.
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In recent years, various transnational corporations (TNCs) have faced legal proceedings in their home states for human rights violations and environmental damage committed abroad. These transnational lawsuits are an attempt to overcome corporate impunity and establish transnational chains of responsibility. At the same time, the individual legal cases are marked by procedural and legal hurdles and may entail the risk of social costs for claimants. In this article, I explore what such transnational lawsuits can contribute from the perspective of social movements in the Global South. Taking the Monterrico case from Peru as an example, I discuss the expectations of human rights lawyers in such cases and the relevant legal mechanisms. By focusing on out-of-court settlements, I argue that, from the perspective of the Global South actors involved in the case study, adjudication and the related judicial practices are fundamental to making the law effective.
9
Zavydnyak, Iryna. « THE CURRENT STAGE OF LEGAL REGULATION OF INTERNATIONAL COOPERATION IN THE INVESTIGATION OF TRANSNATIONAL ECONOMIC CRIMES ». Slovo of the National School of Judges of Ukraine, no 4(37) (7 juillet 2022) : 153–62. http://dx.doi.org/10.37566/2707-6849-2021-4(37)-12.
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The article is devoted to the analysis of the current stage of legal regulation of international cooperation in the investigation of transnational economic crimes and the identification of shortcomings in international legal acts to determine the forms and directions of cooperation in the investigation of crimes of this category. On the example of international conventions in the field of international cooperation in criminal proceedings, bilateral agreements of Ukraine on international cooperation in the investigation of transnational economic crimes and multilateral regional conventions in the field of criminal procedure, it is shown that international cooperation of competent authorities of Ukraine and foreign countries. Transnational crimes are committed at three levels: universal, regional and bilateral. It is emphasized that bilateral agreements often contain significant gaps in legal regulation, especially in the area of certain types of mutual legal assistance in the investigation of transnational economic crimes, namely: they do not allow for the receipt and provision of comprehensive mutual legal assistance in criminal matters. economic crimes of a transnational nature; do not provide the prospect of expanding the range of forms of legal aid provided depending on the specific circumstances of the case and the state of criminal procedure legislation; do not contain norms on such areas of international cooperation in the investigation of transnational economic crimes as cooperation in the investigation of economic crimes committed with the use of modern computer technology, the use of video communications in proceedings, legal regulation of international search, arrest and confiscation assets obtained by criminal means, as well as proceeds from criminal activity (these areas are only mentioned in some bilateral agreements, without sufficient procedural details). Key words: legal regulation, international cooperation, economic crimes, transnational character, international conventions, bilateral agreements.
10
Benedetti, Lorenzo. « Information Flows in the Insolvency of Enterprise Groups ». European Business Law Review 30, Issue 3 (1 juin 2019) : 417–38. http://dx.doi.org/10.54648/eulr2019019.
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The article deals with the information flows within restructuring proceedings of the companies groups, as the most important instrument for the coordination of the proceedings of the single members of them. The problem is analysed from a comparative perspective – considering Uncitral legislative Guide, EU Regulation (recast) about transnational insolvency, German insolvency law – as a premise to overview the possible solutions for the problem in Italian regulation.
11
Boczek, Kamil. « Odpowiedzialność osób zarządzających w transnarodowych korporacjach w prawie karnym – aspekty międzynarodowe i transnarodowe ». Problemy Prawa Karnego 30, no 4 (30 octobre 2020) : 75–96. http://dx.doi.org/10.31261/ppk.2020.04.03.
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Owing to increasing globalisation, transnational corporations play an important role in international trade. Those wealthy and very complex entities have a major impact on reality and often engage in activities which involve illegal practices such as the environmental pollution, forced labour and other serious infringement of employees’ right or even crimes against humanity. Carrying on business which is primarily profit-oriented may result in violations of fundamental human rights, if this is required for a corporation to financially exploit a business opportunity. It is difficult in practice to hold these entities and their corporate directors to account. Regulations regarding criminal responsibility of managers of transnational corporations can be found in national and international laws. However, criminal proceedings do not give satisfactory results. The main problem lies in powers, flexibility and close links of those corporations with local authorities. The paper points to different solutions applied throughout the world, and describes the best-known criminal proceedings against corporate managers.
12
Ambos, Kai. « The Transnational Use of Torture Evidence ». Israel Law Review 42, no 2 (2009) : 362–97. http://dx.doi.org/10.1017/s0021223700000601.
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The Article examines the “transnational” use of torture evidence, i.e., the use of evidence obtained by torture by third states or parties in national criminal trials. The analysis of the law of the international criminal tribunals shows that supranational torture evidence must be excluded since such evidence is unreliable and damages the integrity of the proceedings. The same applies to the admission of transnational torture evidence before national tribunals. The strict exclusionary rule of Article 15 Convention Against Torture (CAT) confirms this view. The rationale for this rule is found in the general unreliability of torture evidence, its offensiveness to civilized values and its degrading effect on the administration of justice. The burden of proof must, as a rule, rest with the state as the party that presents the controversial evidence. For practical and fundamental considerations of fairness, such evidence should not be admitted if there is a real, serious risk that it was obtained by torture.
13
Tang, Zheng Sophia. « Validity in patent infringement proceedings – a new approach to transnational jurisdiction ». Queen Mary Journal of Intellectual Property 11, no 1 (19 février 2021) : 47–68. http://dx.doi.org/10.4337/qmjip.2021.01.03.
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Validity is frequently raised as an issue in patent infringement proceedings, either as a defence or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents, whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches is perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves on to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domestic level in those countries which have adopted a bifurcation system of patents. It suggests that measures adopted domestically may shed light on the international conflict, and that courts should consider factors exceeding those ordinarily considered by international lawyers. A jurisdiction ‘matrix’ is proposed, aimed at providing a pragmatic solution. It grants the court on infringement the initial power to screen the likelihood of success of the infringement claim and then the validity defence, taking into account the accuracy of decision, expertise, chances of success, sound management of justice and deterrence of torpedo defences, before making a decision on validity jurisdiction.
14
Zerbes, Ingeborg. « Legal Issues of Transnational Exchange of Electronic Evidence in Criminal Proceedings ». European Criminal Law Review 5, no 3 (2015) : 304–11. http://dx.doi.org/10.5771/2193-5505-2015-3-304.
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15
Uhre, Andreas Nordang. « On the volatility of transnational actor populations : What has access got to do with it ? » International Political Science Review 41, no 5 (25 octobre 2019) : 695–710. http://dx.doi.org/10.1177/0192512119883442.
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Over the past few decades, international organizations have increasingly granted transnational actors access to monitor and participate in their proceedings. Some observers have argued that stronger involvement of civil society may be a cure for the perceived democratic deficit in international political institutions. However, simply measuring levels of formal access tells us nothing about the degree to which access translates into participation. This article therefore examines the stability, or volatility, of two populations of transnational actors over a period of three decades. It finds significant differences in volatility between the two populations that levels of formal access do not seem to explain.
16
Satzger, Helmut. « The European Arrest Warrant in German-Italian Practice – Not a Success Story Without Problems ». European Criminal Law Review 9, no 3 (2019) : 285–99. http://dx.doi.org/10.5771/2193-5505-2019-3-285.
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The European Arrest Warrant is often considered a success story among practitioners. Taking the German-Italian relationship as an example, it becomes apparent that this European instrument replacing to a great extent the classic extradition procedure is far from being a perfect tool to be used in transnational proceedings that can really be called “fair”.
17
Jemielniak, Joanna, et Kun Fan. « Ethnographic Methods in the Study of Hybrid Processes in Arbitration : the Chinese and Western Perspectives ». European Business Law Review 27, Issue 4 (1 août 2016) : 555–85. http://dx.doi.org/10.54648/eulr2016025.
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The paper seeks to explore what tools can help in capturing regional particularities in the hybrid proceedings (a departure from the strictly adversarial model, opposing the well-established trend of judicialization of arbitration), as well as the scope and character of this trend in the context of theory of growing autonomization of international commercial arbitration as a ‘transnational legal order’. The authors argue that unfolding all the aspects of the observable, growing interest in hybrid proceedings calls for a systematic, ethnographic study. The ethnographic approach combined with a research perspective of discourse theory would allow for an in-depth study and interpretation of the regional differences in use of hybrid processes.
18
SEILKHANOVA, Saida, Aigerim SHEGEBAYEVA, Azina OTARBAYEVA et Yestay ABILEZOV. « Criminal Procedure Aspects of the International Cooperation of States in the Field of Combating Transnational Organized Crime ». Journal of Advanced Research in Law and Economics 10, no 3 (30 juin 2019) : 904. http://dx.doi.org/10.14505//jarle.v10.3(41).27.
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The research dwells on criminal and legal aspects of international cooperation in the field of combating transnational organized crime. The issues of fighting against transnational organized crime affect all states without exception.Therefore the formation of national legislation in this area should consider the international experience in combating this phenomenon and utilize international legal acts that serve as the basis for creating not only specific norms but also a national policy to counteract transnational organized crime. This article aims at studying different forms of interaction between agencies carrying out criminal procedure activities on an international scale and developing recommendations in order to introduce the most effective methods of such interaction into the procedural practice and legislation of the Republic of Kazakhstan. The authors of the article analyze the international legal framework, regulatory documents and law enforcement practice of a number of states (mainly the US, the EU, etc.). The authors conclude that criminal procedure aspects of the international legal framework for countering transnational organized crime in the context of the legislation of Kazakhstan require further development, improvement and comprehensive research. The study results obtained by the authors can serve as the basis for further scientific discussions and new surveys, as well as be used in the development of educational and practical manuals on the study of international cooperation both in criminal proceedings and in the fight against transnational organized crime.
19
Schloenhardt, Andreas. « International Cooperation under the United Nations Convention against Transnational Organized Crime ». Brill Research Perspectives in Transnational Crime 3, no 4 (6 décembre 2021) : 3–25. http://dx.doi.org/10.1163/24680931-12340020.
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Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.
20
Bachmaier Winter, Lorena. « Transnational Criminal Proceedings, Witness Evidence and Confrontation : Lessons from the ECtHR’s Case Law ». Utrecht Law Review 9, no 4 (26 septembre 2013) : 127. http://dx.doi.org/10.18352/ulr.246.
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21
Septin Puspoayu, Elisabeth, et Peni Jati Setyowati. « Illegal, Unreported, and Unregulated Fishing as Transnational Organized Crimes ». SHS Web of Conferences 54 (2018) : 05003. http://dx.doi.org/10.1051/shsconf/20185405003.
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IUU Fishing (Illegal, Unreported, and Unregulated Fishing) is a fishing activity conducted in territorial waters or EEZ of a country that is unlawfully or unlicensed, and it is not reported or incorrectly reported either on its operations or the data of the vessels and its catch to the authorized fisheries institution. IUU fishing criminals are often a group of foreign organized crime that may cause the implementation of legal proceedings against IUU fishing perpetrators will be more difficult due to the limitations of coastal state jurisdiction. IUU fishing has become a global threat because this crime has occurred in many countries and resulted in enormous losses to the coastal state. Therefore, IUU fishing needs to be recognized as a transnational organized crime. The classification of IUU fishing as an organized transnational crime will facilitate the process of eradicating the practice of IUU fishing because every country should cooperate in the settlement and prevention of IUU fishing crime. Thus, IUU fishing is not only the responsibility of the coastal state alone, but also the global responsibility.
22
Davis, Kevin E., Guillermo Jorge et Maíra R. Machado. « Transnational Anticorruption Law in Action : Cases from Argentina and Brazil ». Law & ; Social Inquiry 40, no 03 (2015) : 664–99. http://dx.doi.org/10.1111/lsi.12102.
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Debates over whether transnational and international legal institutions are fair, effective, or legitimate responses to corruption of local public officials have an important empirical dimension. We use case studies to examine whether foreign legal institutions serve as fair, effective, and legitimate complements to local anticorruption institutions. We refer to this set of claims as the “institutional complementarity theory.” The first case study centers on proceedings concerning bribes paid by subsidiaries of Siemens AG, a German company, to obtain and retain a contract to provide national identity cards for the Argentine government. The second case study examines events stemming from overbilling in the construction of a courthouse in Brazil. Analysis of these cases suggests that the institutional complementary theory is credible. At the same time, the findings suggest that local institutions have greater potential, and foreign institutions have more limited potential, than the theory assumes.
23
Bantekas, Ilias. « Civil Limitation Statutes and International Arbitration in Central Asia : not Business as Usual ». Review of Central and East European Law 47, no 3-4 (22 décembre 2022) : 381–97. http://dx.doi.org/10.1163/15730352-bja10073.
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Abstract It is generally agreed that statutory limitations applicable to civil proceedings have no place in international arbitration proceedings, unless these have been specifically accepted by the parties; are imposed by mandatory laws, or; otherwise compelled by public policy. In equal measure, the process and recognition of enforcement awards should not be subjected to any statutory limitations, as such limitations are absent in the New York Convention and generally excluded by reference to transnational legal instruments, such as the uncitral Model Law. Investor and commercial actors operating in Central Asia should be cautious when embroiled in disputes with state entities because of the latter tend to protract and delay negotiations in order to impose statutory limitations to claims. It is imperative that upon commencement of negotiations foreign entities take appropriate measures to ensure that their claim is not undergoing a ticking time-ban. This may be achieved by serving the other party with an official notice as to the commencement of negotiations and a statement that this is not a substitute of a civil suit or arbitral proceedings. Equally, one of the parties may trigger arbitral proceedings but ask the arbitrators to suspend all hearings until after the termination of negotiations.
24
Berger, Klaus Peter. « Common Law v. Civil Law in International Arbitration : The Beginning or the End ? » Journal of International Arbitration 36, Issue 3 (1 juin 2019) : 295–313. http://dx.doi.org/10.54648/joia2019014.
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The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration on 14 December 2018 has revived the age-old debate about the existence of a common law-civil law divide in international arbitration. This article examines the impact of the Prague Rules on the transnational paradigm of international arbitral procedure, clarifies their nature as an alternative repository of state-of-the-art techniques to save time and costs in the conduct of international arbitrations, and suggests to give up the traditional distinctions, which are rooted in domestic legal systems.
25
Banach-Gutierrez, Joanna Beata. « Crime victims’ rights in the European area of justice and Polish legislation ». Nowa Kodyfikacja Prawa Karnego 52 (13 décembre 2019) : 9–36. http://dx.doi.org/10.19195/2084-5065.52.2.
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In recent years, more and more attention has been focused on the interests of crime victims, including their enlarging role in criminal proceedings. The procedural rights of, and assistance to, victims of crime are gradually becoming essential aspects of contemporary criminal justice systems. In the transnational context at the European Union level, the Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime is of significant importance as this legal instrument contains some concrete rights for victims of crime and clearer obligations imposed on the competent national authorities. Unfortunately, in many EU Member States the regulations on the standing victims in criminal proceedings are not properly or fully implemented into national legislation. This paper aims to give some insight to the provisions of the EU Victims’ Directive, and also the issue regarding its transposition into the Polish legal order.
26
Romero, Eduardo Silva, et Ana Carolina Simões E. Silva. « The Declaration of the 1st Ministerial Meeting of the Latin American States Affected by transnational interests ». International Legal Materials 52, no 6 (décembre 2013) : 1321–26. http://dx.doi.org/10.5305/intelegamate.52.6.1321.
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In the past decade, Latin American States have begun to voice strong criticisms of the existing system for the settlement of disputes between foreign private investors and States through international arbitration based on investment treaties. Since the end of the nineties, said system has undergone an extraordinary development due to the direct right of action granted to foreign investors by investment treaties. Indeed, the great majority of the thousands of investment treaties existing today not only grant substantive protection to investments made by investors of one State party in the territory of the other State party to the treaty, but also contain investor-State dispute settlement provisions allowing investors to initiate arbitration proceedings against host States for an alleged breach of the treaty by the State. The practice of arbitration based on investment treaties has, however, generated many difficulties with respect to both the arbitral tribunals’ application of the substantive protections provided for in the treaties and to the functioning of the arbitration proceedings. In response to those difficulties, Latin American States are seeking to set up regional legal and political cooperation initiatives to create alternatives to the existing system. The Declaration of the 1st Ministerial Meeting of the Latin American States Affected by Transnational Interests (Declaration) adopted in Guayaquil, Ecuador on April 22, 2013 is one recent example of such initiatives.
27
Schomburg, Wolfgang. « Criminal matters : transnational ne bis in idem in Europe—conflict of jurisdictions—transfer of proceedings ». ERA Forum 13, no 3 (29 août 2012) : 311–24. http://dx.doi.org/10.1007/s12027-012-0270-z.
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Landbrecht, Johannes, et Andreas R. Wehowsky. « Transnational Coordination of Setting Aside and Enforcement of Arbitral Awards – A New Treaty and Approach to Reconciling the Choice of Remedies Concept, the Judgment Route, and the Approaches to Enforcing Awards Set Aside ? » Journal of International Arbitration 37, Issue 6 (1 décembre 2020) : 679–719. http://dx.doi.org/10.54648/joia2020034.
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The rendering of a final arbitral award can be the starting signal for a multiplicity of state court proceedings. Not all of those will be illegitimate, for instance if an award creditor needs to commence several enforcement proceedings in order to enforce the whole award. More critical, however, and more likely to invite abuse, is the relationship of setting aside and enforcement. Where an award debtor fails to request that an award be set aside, or fails to raise grounds for setting aside, or loses setting aside proceedings, should this award debtor be allowed to rely on those very same grounds again in subsequent enforcement proceedings? Or in turn, if the award is set aside, should the award creditor be allowed to enforce it? All this raises questions of how to coordinate setting aside and enforcement. While coordination mechanisms exist under domestic law, it is submitted that coordination at the transnational level leaves much to be desired. We will therefore take critical inventory of the current level of coordination at the domestic and the New York Convention level, assessing its respective strengths and weaknesses, also in light of well-known doctrines such as the choice of remedies concept and the judgment route. We will then propose wording for a new international treaty, complementing the New York Convention, to improve coordination of setting aside and enforcement and discuss the feasibility of such a project.
29
Rusterholz, Caroline. « English Women Doctors, Contraception and Family Planning in Transnational Perspective (1930s–70s) ». Medical History 63, no 2 (26 mars 2019) : 153–72. http://dx.doi.org/10.1017/mdh.2019.3.
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This paper explores the influence of English female doctors on the creation of the International Planned Parenthood Federation (IPPF) and the production and circulation of contraceptive knowledge in England and, to a lesser extent in France, between 1930 and 1970. By drawing on the writings of female doctors and proceedings of international conferences as well as the archives of the British Medical Women’s Federation (MWF) and Family Planning Association (FPA), on the one hand, andMouvement Français pour le Planning Familial(MFPF), on the other, this paper explores the agency of English female doctors at the national and transnational level. I recover their pioneering work and argue that they were pivotal in legitimising family planning within medical circles. I then turn to their influence on French doctors after World War II. Not only were English medical women active and experienced agents in the family planning movement in England; they also represented a conduit of information and training crucial for French doctors. Transfer of knowledge across the channel was thus a decisive tool for implementing family planning services in France.
30
Hafrida, Hafrida, Helmi Helmi et Bunga Permatasari. « The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning ». PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no 03 (décembre 2020) : 314–33. http://dx.doi.org/10.22304/pjih.v7n3.a2.
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The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability can be applied to the perpetrators of forest burning. In 2019, forest fires in the Jambi Province had took placed in estimated 165.86.58 hectares. The forest fire is the main source of transnational haze disaster. Law enforcement on forest fires in Jambi has not provided a deterrent effect yet. There are forty-six companies acquiring fires in their concession land areas. Unfortunately, only four of them reached court proceedings and only two companies were declared guilty by the court. Therefore, as a deterrent effort, the principle of strict liability can be applied as the main principle to handle perpetrators of forest burning.
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Hafrida, Hafrida, Helmi Helmi et Bunga Permatasari. « The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning ». PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no 03 (décembre 2020) : 314–33. http://dx.doi.org/10.22304/pjih.v7n3.a2.
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The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability can be applied to the perpetrators of forest burning. In 2019, forest fires in the Jambi Province had took placed in estimated 165.86.58 hectares. The forest fire is the main source of transnational haze disaster. Law enforcement on forest fires in Jambi has not provided a deterrent effect yet. There are forty-six companies acquiring fires in their concession land areas. Unfortunately, only four of them reached court proceedings and only two companies were declared guilty by the court. Therefore, as a deterrent effort, the principle of strict liability can be applied as the main principle to handle perpetrators of forest burning.
32
Popko, Vadym, et Yevgen Popko. « THEORETICAL AND LEGAL CHARACTERISTICS OF ECONOMIC CRIMES OF A TRANSNATIONAL NATURE ». Baltic Journal of Economic Studies 7, no 1 (22 janvier 2021) : 93–101. http://dx.doi.org/10.30525/2256-0742/2021-7-1-93-101.
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The article examines the theoretical and legal foundations of economic crimes of a transnational nature formed under the influence of globalisation processes in the world, the growth of international crime and other factors. The author provides a conceptual description of transnational crime as the main category of transnational criminal law, including economic crimes. Scientific views of domestic and foreign scientists on the nature of crimes of an international nature, including criminal acts in the economic sphere are analysed; the most dangerous and widespread economic crimes are characterised. Attention is paid to the legal regulation of these relations, universal and regional conventions, other sources. The authors justify the need to criminalise transnational economic crimes in national law, regardless of whether a particular state is a party to international conventions adopted by international organisations. The authors pay special attention to the characteristics of the subjects of the crime and reveals the debatable nature of their definition, in particular, analyse the problematic nature of the recognition of a legal entity as a subject of crime. The authors use a conceptual approach to clarifying the subject of study, which determines the reasonability of theoretical research, and modern principles of scientific methodology: the principle of scientific pluralism, impartiality, comprehensiveness of research, historicism, complexity and others. A modern requirement in the methodology of science is the rejection of methodological monism, which has long been dominant in theoretical and historical studies of social (including legal) phenomena and the rejection of the ideology of scientific knowledge, which provides an objective, unbiased attitude to any legal phenomena, legal systems, etc. The purpose of the article is to provide theoretical and legal characteristics of international crime in the economic sphere, identify the transnational nature of these crimes, clarify the state of legal regulation of these relations at the international level, as well as international cooperation to combat these crimes. Based on the study and theoretical generalisation of the research topic, the authors emphasise the following conclusions: modern world problems are global in nature; economic crime transcends borders and becomes international; economic crimes of a transnational nature are recognised as socially dangerous acts that encroach on the system of social relations in the field of financial and credit, investment, information, trade, etc. activities, and have a transnational nature, i.e. go beyond one state; countering economic crimes of a transnational nature is within the internal competence of states, but international cooperation in this area also has an objective basis; the legal basis of international cooperation of states are international legal anti-criminal conventions, which define the criminal acts and obligations of states to criminalise economic crimes and provide legal assistance in criminal proceedings, in particular in extradition and transfer of accused and convicted persons, disposal of confiscated property, joint investigation and other issues.
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Shaposhnikov, V. A., et O. S. Nechkin. « IMPROVEMENT OF THE COMPANY ‘S CAPACITY TO PAY WITH THE PARTICIPATION OF TRANSNATIONAL CAPITAL IN INSOLVENCY PROCEEDINGS ». Вестник Алтайской академии экономики и права 1, no 7 2020 (2020) : 207–16. http://dx.doi.org/10.17513/vaael.1228.
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Shabana, Ayman. « Custom and Modern Constructions of Sharīʿa : Transnational Juristic Discussions on the Status of ʿUrf ». Journal of Islamic Ethics 3, no 1-2 (27 décembre 2019) : 30–63. http://dx.doi.org/10.1163/24685542-12340025.
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Abstract This paper examines modern juristic discussions on the concept of custom in light of the proceedings of the fifth session of the International Islamic Fiqh Academy, which was held in 1988. It shows the extent to which these discussions not only address the role of custom in the derivation of Islamic law and its place in the Islamic legal tradition, but also reflect the impact of modern positive legislations on modern conceptualizations of Sharīʿa and how it has been constructed in the wake of the modern legal reform movement. In particular, the framing of custom in some civil codes as an independent legal source marked a significant development and created tension between Sharīʿa and modern legal codes. This perceived tension has, in turn, inspired efforts to reaffirm the primacy of Sharīʿa and demands for its implementation. While these discussions demonstrate how Muslim scholars situate Sharīʿa within national legal structures, they also show the role of juristic councils, such as the International Islamic Fiqh Academy, in the development of a transnational juristic discourse that transcends the boundaries of the nation state.
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Matiushkova, T. P. « Crimes Against the Electoral Rights of Citizens in Ukraine : The Peculiarities of Their Committing and Investigation ». Law and Safety 72, no 1 (26 mars 2019) : 13–27. http://dx.doi.org/10.32631/pb.2019.1.01.
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This article is concerning on researching the crimes against the elective franchise as the crimes within the transnational nature, which are committed by the usage of information technologies. Different approaches to determine crimes against electoral rights of citizens have been described. Significant differences in number of offenses recorded by the Department of Information Support and Coordination of Police, crimes detected by the National police of Ukraine, as well as in the number of initiated criminal proceedings and number of criminal proceedings referred to the court have been highlighted. The types of unauthorized interference into the database of the State Register of Voters have been pointed. The impact of new voting technologies in increasing number of crimes against the elective franchise has been stressed. The external and internal subjects of crimes against the elective rights of citizens committed by usage of information technologies have been specified. Certain difficulties and problems, an overcoming of which requires a comprehensive approach, have been disclosed. In particular, blanket nature of statutory regulations, lack of well-established investigative and judicial practice, the needs in cooperation among different law enforcement agencies, including international engagement, involvements non-governmental organizations, etc.
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Madaus, Stephan, et Oriana Casasola. « Cross-border Insolvency Protocols : Cooperation, Coordination, and Communication Duties under the European Insolvency Regulation Recast ». European Business Law Review 33, Issue 6 (1 octobre 2022) : 839–80. http://dx.doi.org/10.54648/eulr2022036.
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Cross-border insolvency protocols are a practical phenomenon developed at the international level in the last 30 years. These protocols are agreements entered by the insolvency practitioners to facilitate cooperation and communication between insolvency practitioners and courts involved in cross-border insolvency proceedings. Protocols have been mentioned but not regulated by the European Insolvency Regulation Recast. This contribution seeks to analyse the aims, principles, and standard features of the protocols emerging in practice. Second, it aims to evaluate how this phenomenon fits with the duties of cooperation, coordination, and communication within the European Insolvency Regulation Recast to define the scope and role of protocols within the EU member states. Cross-border insolvency, protocols, transnational, cooperation, coordination, communication, European Insolvency Regulation
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Benish, Kevin D. « Crystallex Int'l Corp. v. Bolivarian Rep. Venez. (3D Cir.) ». International Legal Materials 60, no 2 (3 février 2021) : 147–67. http://dx.doi.org/10.1017/ilm.2020.67.
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On May 18, 2020, the United States Supreme Court denied a request by the Bolivarian Republic of Venezuela and its state-owned oil company, Petróleos de Venezuela, S.A. (PDVSA), to review the merits of Crystallex Int'l Corp. v. Bolivarian Republic of Venezuela, a decision by the U.S. Court of Appeals for the Third Circuit. In Crystallex, the Third Circuit affirmed a trial court's determination that PDVSA is the “alter ego” of Venezuela itself, thus permitting Crystallex to enforce a $1.4 billion judgment against Venezuela by attaching property held in PDVSA's name. Given the Supreme Court's decision to leave the Third Circuit's opinion undisturbed, Crystallex is a significant decision that may affect parties involved in transnational litigation for years to come—especially those pursuing or defending against U.S. enforcement proceedings involving the property of foreign states.
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Reinke, Benedikt. « When a right-wing extremist political party appeals to European integration and a constitutional court takes the national perspective…A comment on the Nationaldemokratische Partei Deutschlands judgment BVerfG, 2 BvB 1/13 ». Maastricht Journal of European and Comparative Law 25, no 4 (août 2018) : 388–409. http://dx.doi.org/10.1177/1023263x18794403.
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With Regulation 1141/2014, the EU has inaugurated a truly transnational political party system as well as a potential conflict between national and European governance – or so the Nationaldemokratische Partei Deutschlands has recently argued when faced with party ban proceedings before the German Federal Constitutional Court. The party contended that its representation in the European Parliament and membership in a political party at European level established exclusive European governance and denied the competence of the Federal Constitutional Court for national proceedings. The court, by contrast, summarily dismissed the Nationaldemokratische Partei Deutschlands’s arguments, maintaining its own exclusive authority, and failed to engage in a substantive legal assessment of recent developments in European party law. In this paper, I argue that precisely such a thorough analysis of the newly emerging intertwinement between national and European law as a consequence of Regulation 1141/2014 would have been in order. The Nationaldemokratische Partei Deutschlands’s arguments need to be taken more seriously than the Federal Constitutional Court allows, despite, or perhaps more accurately because, of their highly strategic invocation of European integration: the European argument cannot rest with the extremist party alone, who, elsewhere a most imminent opponent of the European idea, now uses it to challenge national law.
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Novitz, Tonia. « Multi-level Disputes Relating to Freedom of Association and the Right to Strike : Transnational Systems, Actors and Resources ». International Journal of Comparative Labour Law and Industrial Relations 36, Issue 4 (1 décembre 2020) : 471–94. http://dx.doi.org/10.54648/ijcl2020024.
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This article examines disputes regarding the connection between freedom of association and the right to strike, occurring at multiple levels, within international, regional and national legal orders. It focuses on the period from 2007 to 2019, when a challenge was made to norms longestablished at the International Labour Organization (ILO) that was subsequently continued in European and national court proceedings. These events raised the potential for normative fragmentation and conflict between legal systems. This article interrogates the roles played by two key actors in these processes: the International Organization of Employers (IOE) and the International Trade Union Confederation (ITUC). Drawing on sociological insights into collective action offered by Offe and Wiesenthal, transposed to the transnational level, an analysis is offered of the power dynamics that motivated IOE attempts to alter the content and influence of ILO norms, alongside the scope for ITUC resistance, given its resources.
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Zimring, Franklin E. « Crime, Criminal Justice, and Criminology for a Smaller Planet : Some Notes on the 21st Century ». Australian & ; New Zealand Journal of Criminology 34, no 3 (décembre 2001) : 213–20. http://dx.doi.org/10.1177/000486580103400301.
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This analysis attempts to project changes in types of crime and criminal justice response to crime in the early decades of the 21st century by assuming continuity in the technological, economic, and political trends of the last years of the 20th century. I predict that shifts in general rates of crime will be less important than changes in particular types of offense in stable nations, and that rates of. property crime will show more transnational similarity than rates and trends in serious violence. With respect to criminal justice practices, both technology and normative standards will exert pressure toward greater similarity in criminal justice practice among developed nations, with normative pressure being the more important for legal proceedings and punishment than technical change. The executioner is threatened by this trend, even in the United States. The prison warden has comfortable job security.
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Paparinskis, Martins. « Immunities and Criminal Jurisdiction (Equatorial Guinea v. France) : Preliminary Objections (I.C.J.) ». International Legal Materials 58, no 1 (février 2019) : 1–70. http://dx.doi.org/10.1017/ilm.2019.1.
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On June 6, 2018, the International Court of Justice (Court) rendered a judgment on preliminary objections in the case of Immunities and Criminal Proceedings (Equatorial Guinea v. France). France had made three preliminary objections: two related to the Court's jurisdiction on the basis of, respectively, United Nations Convention Against Transnational Organized Crime (Palermo Convention) and the Optional Protocol to the Vienna Convention on Diplomatic Protection (VCDR) concerning the Compulsory Settlement of Disputes (Optional Protocol), and the third challenged admissibility for abuse of process and abuse of rights. The Court accepted the first objection regarding jurisdiction on the basis of the Palermo Convention and rejected the other two. This judgment is an important contribution to the development of international law, both regarding the particular instruments at issue and broader questions of law of treaties and international dispute settlement.
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Hartley, Trevor C. « ‘LIBEL TOURISM’ AND CONFLICT OF LAWS ». International and Comparative Law Quarterly 59, no 1 (janvier 2010) : 25–38. http://dx.doi.org/10.1017/s0020589309990029.
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AbstractThis article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.
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McLeod, Julie, et Fiona Paisley. « The Modernization of Colonialism and the Educability of the “Native” : Transpacific Knowledge Networks and Education in the Interwar Years ». History of Education Quarterly 56, no 3 (août 2016) : 473–502. http://dx.doi.org/10.1111/hoeq.12199.
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This article focuses on a seminar-conference held in Hawaii in 1936 on the “educability” of native peoples. The seminar-conference was convened by New Zealand anthropologist Felix Keesing and Yale education professor Charles Loram and supported by the Carnegie Corporation, among other organizations. Conference delegates-who came from across the Pacific, including the U.S. mainland, Australia, and New Zealand, and from as far as South Africa-joined to discuss the future of colonial education. The residential conference, which lasted several weeks, resulted in published proceedings and the establishment of extensive transpacific networks. One in a series of international congresses on education that took place during the interwar years, the 1936 Hawaii conference offers unique insight into the transnational dialogue among academics, education practitioners, colonial administrators, and, in some cases, Indigenous spokespeople, concerning the modernization of colonialism and new forms of citizenship in the era of progressive education and cultural internationalism.
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Evdokimov, Konstantin, et Nikolai Taskaev. « Problems of Qualifying Crimes Under Article 273 of the Criminal Code of the Russian Federation at the Stage of Initiating Criminal Proceedings ». Russian Journal of Criminology 12, no 4 (14 septembre 2018) : 590–600. http://dx.doi.org/10.17150/2500-4255.2018.12(4).590-600.
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At present public relations in all most vital spheres of the life of Russian society (science, education, economy, finance, defense, public safety, etc.) are seriously threatened by cybercrimes, which are constantly evolving and changing acquiring a transnational, organized, economic and political identity in the Russian Federation. The economic damage inflicted on the Russian society by cybercrimes is tremendous and could be counted in hundreds of billions of rubles and, sadly, is it growing from year to year. Especially difficult is the investigation of cybercrimes connected with the creation, use and dissemination of harmful software (Art. 273 of the CC of the RF). The use of harmful software is often a method of committing other crimes and reaching other criminal goals not immediately connected with damaging computer information protected by law. There are no clarifications of the Supreme Court of the Russian Federation regarding the court practice on criminal cases of cybercrimes, and the investigators make numerous mistakes in the legal assessment of criminal actions at the stage of initiating criminal proceedings as well as at other stages of preliminary investigation. Meanwhile, the legal qualification of cybercrimes at the stage of initiating criminal proceedings has a fundamental importance for resolving most vital legal and procedural problems in the investigation of such crimes as well as for the court hearing and passing a fair guilty verdict on a case. The authors analyze Russian court and investigation practice on criminal cases involving the creation, use and dissemination of harmful software as well as related offences. They offer recommendations on the most complete legal definition of crimes under Art. 273 of the CC of the RF and present their suggestions on improving court practice at the stage of initiating criminal proceedings.
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Page, Kathleen R., Suzanne Dolwick Grieb, Karen Nieves-Lugo, Thespina Yamanis, Holly Taylor, Omar Martinez, Yoshiaki Yamasaki et al. « Enhanced immigration enforcement in the USA and the transnational continuity of HIV care for Latin American immigrants in deportation proceedings ». Lancet HIV 5, no 10 (octobre 2018) : e597-e604. http://dx.doi.org/10.1016/s2352-3018(18)30074-2.
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Mistelis, Loukas, et Giammarco Rao. « The Judicial Solution to the Arbitrator’s Dilemma : Does the ‘Extension’ of the Arbitration Agreement to Non-Signatories Threaten the Enforcement of the Award ? » Journal of International Arbitration 39, Issue 3 (1 juin 2022) : 351–64. http://dx.doi.org/10.54648/joia2022015.
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This article contributes to the debate on non-signatories by relying on the Kluwer Research project. In particular, through the raw data underlying the Kluwer Research, we have identified cases at the enforcement stage, in which courts had to decide whether, despite the apparent lack of consent, nonsignatories were correctly brought into arbitration proceedings. In our view, the analysis of those courts’ decisions is perhaps a reminder that when considering non-signatory issues, the relevant facts of the case are always what matters the most. Non-signatories’ involvement in the relationship underlying the dispute is essential, absent a clear expression of it in the contract.We believe that the results show the judicial solution to the arbitrator’s dilemma, that is, the due consideration of the circumstances of any case, disregarding the rigid application of any theories. international arbitration, non-signatories, consent, equitable theories, international law, enforcement, New York Convention, evidence, arbitration agreement, transnational principles
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Klosterkamp, Sarah, et Paul Reuber. « „Im Namen der Sicherheit“ – Staatsschutzprozesse als Orte politisch-geographischer Forschung, dargestellt an Beispielen aus Gerichtsverfahren gegen Kämpfer und UnterstützerInnen der Terrororganisation „Islamischer Staat“ ». Geographica Helvetica 72, no 3 (5 juillet 2017) : 255–69. http://dx.doi.org/10.5194/gh-72-255-2017.
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Abstract. In the last ten years, several uprising organizations such as the so called Islamic State have become a new challenge for civil societies in facing and defeating international terrorism. This paper, as part of a bigger research project, presents theoretical and methodical approaches for analyzing those organizations in the way they operate abroad and how they are connected with foreign fighters, sympathizers and supporters. By using ethnographic tools, we have observed and analyzed 14 Islamic State-related criminal proceedings in front of high-secured regional appeal courts. The paper presents the first results of this study in showing how German islamists are using transnational logistic networks to join or support terrorist organizations (Part 1) and gives insight into the way the logics of jurisdiction in democratic societies constitute them as threatening subjects (Part 2). In this way, it addresses a new approach of court-based research from the perspective of political geography.
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Draetta, Ugo. « The Transnational Procedural Rules for Arbitration and the Risks of Overregulation and Bureaucratization ». ASA Bulletin 33, Issue 2 (1 juin 2015) : 327–42. http://dx.doi.org/10.54648/asab2015025.
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Arbitration is widely recognised as an autonomous legal order. As such, it has its own substantial and procedural rules, which are also transnational in nature. With regard to the procedural rules, a set of transnational procedural rules of soft law has emerged, which are meant to be applicable to the arbitration proceedings with the only limit of the mandatory application of the public order provisions of the lex arbitri. This set of procedural rules has been sometimes referred to as the lex mercatoria processualis. It consists of the rules of procedure of the lex arbitri, the arbitration rules of the various arbitration institutions and a number of guidelines, codes of conduct and similar productions of soft law which are being issued to an increasing extent with the stated intent of providing some guidance to arbitrators in the exercise of their discretion as to the identification of the applicable procedural rules. With reference to the last set of procedural rules, there appears to be a serious risk that the international arbitration community has placed itself on a slippery slope toward overregulation and unnecessary bureaucratisation. Already the well known 2010 IBA Rules on the Taking of Evidence in International Arbitration, though useful under many respects, are often criticized with respect to their rules on document production which seem to be predicated on the false assumption that a document production phase is a must in international arbitration. However, the concerns about overregulation and bureaucratization have been recently reinforced as a consequence of the issuance of the 2013 IBA Guidelines on Party Representation in International Arbitration. They cover a variety of critical issues, suggesting, however, in most cases, rules that are either unnecessary or unduly limiting the discretionary powers of the arbitrators. For example, the Guidelines concerning the remedies available to arbitrators in case of misconduct by the parties or their counsel do not add anything to the arsenal of measures previously available to the arbitrators. They, however, appear to suggest that giving advance notice to the parties and a right to be heard are necessary prerequisites for the adoption of such measures - an obligation that arbitrators do not have under current standards.
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Heitzmann, Pierre. « Confidentiality and Privileges in Cross–Border Legal Practice : The Need for a Global Standard ? » ASA Bulletin 26, Issue 2 (1 juin 2008) : 205–40. http://dx.doi.org/10.54648/asab2008022.
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Summary: More and more often, arbitration practitioners are confronted with the issue of whether a document is covered by legal privilege or whether it can be used as evidence even if it was exchanged in the course of settlement discussions. Because of the significant differences between domestic rules governing the issues of privilege/professional secrecy and confidentiality,parties and their counsel have different expectations about what information or documents should be considered privileged or confidential. To which ethical rules or law the Arbitral Tribunal should refer in order to decide such issues? The rules potentially applicable in cross–border transactions,especially when multinational companies have been represented by attorneys practicing in different jurisdictions, may lead to different results. Should the Tribunal consider the law of the place of the arbitration, even if there are no other connections with that law? Should the same law apply to both parties to arbitration proceedings to avoid unfair results even though the parties are located in different jurisdictions? If allegations of conflicts of interests arise following access to information deemed privileged, should such counsel be disqualified, and if this question arises, should the Arbitral Tribunal adjudicate such a dispute and on what basis? It may be unrealistic to promote “transnational rules” governing issues of legal privilege and confidentiality. Indeed, there are significant differences between countries and it is difficult,in any event, to adopt and enforce binding transnational rules. Arbitration practitioners may nevertheless be guided by general principles governing issues of privilege and confidentiality. This article presents the guiding principles identified to date in this area of law with concrete examples of their application to cross–border disputes.
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Klevtsov, Kirill K. « International cooperation in the fight against cyberpression in the context of response to new challenges and threats ». Vestnik of Saint Petersburg University. Law 13, no 3 (2022) : 678–95. http://dx.doi.org/10.21638/spbu14.2022.306.
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This article explores criminal procedure and other organizational and legal aspects of international cooperation between states in the fight against cybercrime in the face of new challenges and threats. The aim is to identify and consider formal and informal measures of international cooperation in response to transnational cybercrime. Through legal analysis, we demonstrate that such crimes, as a rule, have an international character, as they have negative consequences on the territory of other sovereign countries. The author analyzes various forms of international cooperation in the fight against crime, which include extradition (extradition), legal assistance in criminal matters, transfer of criminal prosecution (judicial proceedings), as well as informal cooperation between law enforcement agencies (international police cooperation), in particular within the framework of US law called “СLOUD Act”. As an empirical basis for the study, materials of Russian operational and investigative practice for 2018–2019, as well as decisions of courts of foreign states, were used. However, the majority of law enforcement agencies deliberately or without intent resort to the practice of obtaining evidence on cybercrimes that are physically located on the territory of another country, independently, without obtaining the consent of this state. This happens through a remote connection in real time to the subscriber device of a criminally prosecuted person or its withdrawal from a victim or witness located on the territory of the state by law enforcement agencies that conduct proceedings on a cybercrime case with subsequent inspection to find information relevant to the case, as well as through the use of other legal methods.