Sergey L. Sergevnin, George V. Alexeyev, Elina I. Kalkey
The interaction of the member States of the Shanghai Cooperation Organization with the International Criminal Police Organization (Interpol) in combating ordinary law cybercrime involves the formation of a common system of values and harmonization of national criminal law of States in the Eurasian region. An analysis of international legal norms and rules of interaction between the Shanghai Cooperation Organization and Interpol demonstrates broad prospects for international interaction between law enforcement agencies in combating cybercrime at the universal and regional levels. Aim. Characteristics of the international legal principle of indivisibility of security in the interaction of the member States of the Shanghai Cooperation Organization with Interpol. The regional Eurasian discourse on the problem of combating cybercrime allows not only to develop the classification of cybercrime, but also, with the participation of Interpol, contributes to the achievement of comprehensive and indivisible information security in the process of digital transformation of the world community. Methods. The formal-legal, comparative-legal and discursive research methodology shows both the interest of the Eurasian states in the problem of combating cybercrime and the theoretical basis for the harmonization of regional and universal legal order in cyberspace. Results. The involvement of international organizations and civil society institutions in the practice of combating cybercrime at the regional and universal levels contributes to the legitimization of the norms of international criminal law. The formation of an international system of fair and proportionate to the gravity of the crimes public prosecution of persons who have committed socially dangerous acts in cyberspace meets the interests of achieving the goals of sustainable development, the Interpol Constitution 1956 and the provisions of the Shanghai Convention on Combating Terrorism, Separatism and Extremism 2001. Conclusions. Propaganda of extremism and justification of terrorism in cyberspace pose a significant threat to international security, and such crimes should not go unpunished because of the religious and political diversity in the Eurasian region. The participation of civil society institutions in the formation of Interpol and the Shanghai Cooperation Organization policies on combating cybercrime will contribute to the growth of trust in the Eurasian region, the establishment of progressive formats of international cooperation to combat cyber fraud and propaganda of violent extremism on the Internet.
The modern development of social relations cannot be considered in isolation from the economic basis of human life. Taking into account the consistent formation of the institution of private property and the property sphere, new rules for the relationship between the state and the individual are being formed. On this background, issues related to the implementation of the repressive function of the state are of great importance. The process of investigating criminal activity often affects the property interests of the participants in the criminal process. At the same time, the rules of this type of state activity enshrined in the legislation do not always take into account the changed format of economic relations between individuals and legal entities. The article deals with the problem of the lack of adaptation of the criminal procedural legislation to the actual relations in the area of public life. Questions of interaction between criminal procedure and civil legislation are described here. There is a lack of an integrated approach to regulating the issues of protecting the property interests of the suspect, the accused in the application of measures of procedural coercion. Despite the general approach in this area of relations formulated in the Constitution of the Russian Federation, which is favorable for the suspect and for the accused, there are multiple contradictions at the level of intersectoral regulation. The paper states the need for a comprehensive regulation of the features of the application of coercive measures of a property nature to the specified participants in the criminal process. Judicial practice contributes to this process. The decisions of the Constitutional Court of the Russian Federation studied in the article forces the legislator to new reforms of the Code of Criminal Procedure of the Russian Federation. Some of the programmatic political statements of the country's top leadership noted in the work contributes this process. The analysis of the scientific problem under study is carried out taking into account the existing norms of international law, as well as on the basis of the formed historical experience of the domestic procedure for regulating the rules of investigation and trial in criminal cases. The study focuses on the application of such measures of property impact on a person as bail, custody, seizure of property and others. The conclusions are made taking into account statistical indicators and the results of a survey of practical employees of the investigative departments of various departments and the lawyer corps.
Andrii Prykhodko, Мaryna Savyuk, Artem Pedan
et al.
The article examines political and legal issues of why Ukraine has been left without missile weapons. The authors summarize that Ukraine’s international legal obligations limit Ukrainian missile builders to a potential capacity of producing ballistic missiles up to 500 km. However, this is not what is critical. After all, under martial law, Ukrainian legislation favors production of weapons in general and ballistic missiles in particular. However, there is no special public administration body in Ukraine that is responsible for coordinating and supporting Ukrainian private arms producers. The article concludes that the main reason why Ukraine has been left without missile weapons is the short-sightedness on the part of the officials of the Ministry of Defense of Ukraine, domestic financial and industrial groups, and civil society actors. The authors propose an investment paradigm that should guide domestic elites to invest in the production of Ukrainian weapons, in particular, Ukrainian ballistic missiles which could deter the Russian aggressor.
The article is devoted to the study of the legal regulation of the use of technical means related to the implementation of video recording, photography and filming by subjects of public administration, in particular, those authorized to draw up protocols on administrative offenses by officials. The research is carried out on the basis of strict observance of human rights and freedoms, as fundamental principles of civil society and a democratic state, which should determine the powers, their use, and therefore the behavior of subjects of public administration during the use of technical means of videography, photography and filmmaking. It is argued that no socially significant goal may be the basis for limiting or depriving a person of his or her rights and freedoms, including the right to privacy, in any form. It is reasoned that the use of relevant technical means in administrative delict proceedings has a number of features and a number of imperatives, the violation of which leads to the inadmissibility of relevant evidence. In particular, it is emphasized that the installation of video surveillance systems in public (public) places must necessarily be accompanied by the installation of appropriate posters, informational signs indicating the implementation of video surveillance and the implementation of video recording, photography and filming, and therefore the preservation and accumulation of such information about person and the possibility of using it for the appropriate purposes and with the appropriate purpose.
It is obvious that any fixation of a person (static – for photography, dynamic – for video and film shooting, with or without sound recording) is a direct interference in a person’s private life. As a result, the use of appropriate means is possible only on the grounds provided for in the law. The key condition for photo and video recording of a person is to warn the person about the filming, which in turn involves giving the latter’s consent to such filming. The technical means used for such filming are of great importance, in particular, that the latter are certified, calibrated and have received appropriate permits, including sanitary and hygienic, for their use in Ukraine by subjects of public administration, or have been transferred for use to specific officials, as well as the right (they have undergone appropriate training) of the specified officials regarding behavior with such technical means, including the legal grounds for their use.
Law in general. Comparative and uniform law. Jurisprudence
An administrative contract is a specific contract with a special legal regime, subjects and characteristics that classify it as an institute between private and public law. The paper presents a comparative analysis of the general principles of contract law, and above all civil (private) law and administrative contract. This analysis should answer the questions of the basis of the contractual obligation, ie the basic elements that create a contractual obligation. The paper presents the most important principles, as well as general elements of the contract on the one hand and basic characteristics of the administrative contract on the other, in order to better understand their legal nature, similarities and differences, especially the legal nature of the administrative contract and its place in contract law.
<strong> </strong>The leasehold interest is considered, as a general rule, a personal right under the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that this law recognized nine types of contract for lease, the most of which create personal rights, that is to say, term of years absolute or fixed-term leases, tenancy at will, tenancy at sufferance, equitable lease, tenancies by estoppel, and perpetually renewable lease contracts. Whereas only three of them, that is to say, periodic tenancies, leases for life, 999-year leases create real rights, represented by temporary property ownership. As the Iraqi civil law No. (40) of 1951, supported by majority of Iraqi jurists, considered the leasehold interest as a personal right, although the amended Iraqi land tenancy law No. (87) of 1979 tended more towards real than personal right.
The article discusses the main problems in the field of legal regulation of the functioning of the robots, definition
of “robot”, as well as the understanding, interpretation, and evaluation of the civil liability for the robot’s actions are
viewed in the paper. The article analyses the possibility of endowing robots with legal personality, as well as various
approaches to liability for damage caused by a robot to property or to a person. The question is raised about bringing
the robot to criminal and civil liability. The question is raised about the regulation of intellectual property rights to an
object created by a robot. If a robot creates music, a picture or text, who owns the rights to them: the robot developer
or the head of the creative process, whether the robot itself. The article analyses a feature that is very important for the
legal perspective of the problem – it is a turn from understanding a robot as an entertainment product to the direction
of development and research of social interaction between a robot and a human. The question is raised about the need
to adopt new legal norms aimed at regulating the legal status of a robot, liability for damage caused by it, as well as
legal problems of intellectual property associated with the functioning of robots. The analysis of the legal frameworks
regarding robots in different countries of the world is performed. The article introduces the need to develop appropriate
legislative support in the field of robotics: interpreting the term “robot”, determining the legal regime of its functioning,
developing a unified approach to liability for harm caused by a robot and developing uniform rules for protecting intel-
lectual property rights when using a robot. Legal regulation is necessary not only at the national level, but also globally.
The authors have studied one of the current historical and legal problems concerning the development of procedural law in the Ukrainian lands, which were part of the Russian and Austro-Hungarian Empires in the second half of the XIX – early XX centuries. Based on the analysis of scientific literature and relevant regulatory material, it has been noted that the beginning of the reform of procedural legislation of the Russian Empire can be considered the introduction of the institution of forensic investigators by the imperial decree in June 1860. Thus, the preliminary investigation was separated from the police, and investigators were part of the staff of the judicial department. The next stage was the judicial reform of 1864. As a result of the reform, the judicial system and procedural law were completely changed. Substantive law was also partially amended under that influence; there was the separation of criminal proceedings from the civil one; procedural norms of administrative justice began to be formed in the Ukrainian lands during that period, and a new branch of knowledge within legal science emerged, which was aimed at searching for the essence and nature of procedural law. The development of procedural law in the Ukrainian lands, which were part of the Austrian and, since 1868, the Austro-Hungarian Empires, was characterized by the obsolescence and imperfection of procedural legislation and its focus on the establishment of imperial positions. At the same time, it is possible to state its certain democracy and succession. It has been concluded that national procedural law during that period was characterized by the preservation and strengthening of certain features of the medieval process (secular nature, rationality, phasing), by the separation of procedural law from the substantive, by the formation of procedural branches of law, by the codification of procedural legislation, by the separation of administrative proceedings from criminal and civil proceedings; the functions and competence of the authorities and their officials were differentiated.
Law in general. Comparative and uniform law. Jurisprudence
Latin American democracies have developed institutions to empower citizens against the state. This article brings attention to an often overlooked, but key, actor in these processes: the legal complex. I argue that the content of reforms designed to strengthen the rule of law partially reflects the interests of politically influential collective legal actors. Political influence is defined as a function of alliances with civil society and embeddedness within decision-making arenas of the state. To develop this argument, the article analyses the slow building of Brazil’s Public Defenders’ Office (PDO). I argue that the office’s initial institutional weakness resulted from defenders’ fragile political position relative to that of prosecutors and the bar during Brazil’s constitutional transition. Its eventual strengthening sixteen years later resulted from changes to the legal complex alliance in its favour, the formation of connections between defenders and civil society, and increased PDO access to policymaking spaces.
The fact that the private property is one of the fundamental landmarks of mankind cannot be denied, as any physical or juridical entity can coordinate its activities without taking into account its relation to the goods, neither can it function in the absence of the right to property. The juridical relationship between the goods and the way they became the property of the churches by getting into their heritage represents an issue more and more analyzed within the field of the right to property. Although, at first sight, the juridical condition that we mentioned should not raise any difficulty of interpretation and putting into practice, especially within the context where the institution of property also benefits of a new civil approach, the way go36ods become the property of the churches is contested within the context of existence of certain opposite provisions that derogate from the norms of the essential civil right. We shall analyses certain statutory and legal provisions that impact only the ecclesiastic field by putting them into relation to the constitutional principles and those of the civil right that regard the right to property. Moreover, the issue was also presented to the court as an exception of no constitutionality. By intending to identify the characteristics of the laws that we mentioned above, we shall analyses and correlate the situations generated by their interpretation, by also expressing a personal point of view regarding the necessity of the harmonization of the civil law with the canonical law.
<p><em>This research intended to learn how the law consideration of Trade Court Judge Semarang Nimber 10/Pdt.Sus-PKPU/2015/PN.Niaga Smg that decided the Cancelation of Debt Payment Obligation of KSP Intidana that related to the conciliation plan? And how the impact of law for the KSP Creditor Intidana that didn”t agree with the conciliation statement decision in concelation of the Debt Payment Obligation by the Trade Court Semarang?</em></p><p><em>The case that were researched it was the Trade Court Decision Semarang Number 10/Pdt.Sus-PKPU/2015/PN Niaga Smg and the documents related with . Beside thet the research was conducted with the literature research.</em></p><p><em>Based on the data analysis of research result could be concluded that the Judge Decision didn”t consider the Article 231 (b) Ordinance Number 37 in 2004 about the Bankrupt and cancelation of Debt Payment Obligation in deciding the Creditor Committee. They could not represent the creditor entirely. Based on the Article 123 (1) HIR that could represent the creditor was advocate and Article 1795 Criminal Code of Civil Case, to represent one certain interest had to be given the specific power by creditor. The creditors that didn”t agree with the conciliation decision of the obligation cancelation of debt Payment they could do the law effort to propose the review to this decision or propose the concelation to the conciliation document because there was a mistake about the person or case</em>.</p>
Law, Law in general. Comparative and uniform law. Jurisprudence
Abstract This study examines the form of liability and legal protection in civil Notary on the deeds made. This law research is empirical juridical kind. The results of this study indicate that a civil liability of a Notary who committed an unlawful act is the Notary shall account for his actions with civil sanctions in the form of reimbursement or compensation to the injured party on an unlawful act committed by a Notary. But before Notary sanctioned civil then Notary must first be proven that there has been any loss arising out of a tort Notary against the parties, and between the losses and the tort of Notaries are causal relationships, and tort or negligence due to an error that can be accounted to the Notary concerned. While the form of legal protection for Notary on the deeds which made related to civil liability Notary is the Honorary Council of notaries who are independent, in this case the existence of MKN not a sub part of the government who appointed him. Keywords: Notary, responsibility in the civil protection law
Actualmente se encuentran vigentes las discusiones sobre la patentabilidad de los polimorfos farmacéuticos. Aunque pareciera ser materia superada por algunos países, como sucede en Colombia, no deja de ser tema de debate entre académicos, doctrinarios, gremios, sectores salud y farmacéutico, así como al interior de las diferentes oficinas de registro.
A RELIC OF THE MEDIEVAL COURT SYSTEM: A JURISDICTION OF PLOCK VOIVOD OVER THE LOCAL NOBILITY IN THE MIDDLE OF THE 17TH CENTURY
Summary
This article concerns organisation and functioning of Plock voivod’s court and its jurisdiction over the nobility in the middle of the 17th century. Generally, this type of jurisdiction declined in the late Medieval period and Plock voivodship was the exception. The petty nobility without a privilege of ius non responsivum to monarch’s officials was submitted to this court. Analysis of three, previously unknown, voivod’s court records from period 1645 – 1650 enabled to show some details of this jurisdiction. Basically, its organisation was parallel to Plock land court in terms of division into two separate courts for each land of the voivodship and system of three sessions a year in every county (powiat). Material jurisdiction, which contained civil cases in old-Polish law sense, was likewise similar. Voivod’s court was a lower instance and the parties could appeal to the Crown Tribunal. Jurisdiction was exercised by a voivod’s judge, an official nominated by the voivod. Apart from deciding matters of contestation, voivod’s court had also competences in non-litigious cases, i.e. accepting entries to the records of various legal actions. As far as the latter is concerned, the court was used not only by the gentry submitted to its jurisdiction, but the rest of the local gentry as well. A firm position of the Plock voivod’s court in the local administration of justice system by 1650 proves that it fell in decline not before the second half of 17th century or even later.
The Constitutional of the Republic of Indonesia (UUD NRI 1945) gives nit a little authorizes to the President. One of the authority is to set “happenings crunch yhat fonced” because the country is not always in a state of normal//peace/stable. At the time of the reverse of President as head of state was given the constitutional authorithy to establish a state of emergency in the form of Government Regulation in Leu of Law (PERPPU)