scholarly journals Autonomous Vehicles as a Category of Transport Law: Definition and Classification

2018 ◽  
Vol 7 (4.36) ◽  
pp. 1072
Author(s):  
Dmitry N. Demyanov ◽  
Maria V. Krivenkova ◽  
Dinara A. Musabirova

In this paper, the authors consider issues related to the legal definition and understanding of the essence of vehicles with assisted driving and varying degrees of automation. It is pointed out on the need to study the terminological features and definitional difficulties in this area in order to optimize the current Russian transport legislation. The world experience of practical use of vehicles with assisted driving, as well as the legal regulation of related issues is analyzed. The characteristics of various types of automated vehicles are given and investigated. There are considered the current proposals for making amendments to the Rules of the road, aimed at regulating the legal status of unmanned vehicles. The imperfection of these additions, which do not take into account the presence of various levels of vehicle automation, is substantiated. An alternative approach to the formation of an effective conceptual apparatus based on the degree of automation of the driving process is proposed.   

Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".


2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.


Author(s):  
N. G. Zhavoronkova ◽  
G. V. Vypkhanova

The paper contains an analysis of theoretical problems associated with the conceptual apparatus in the sanatorium and resort sphere. They are largely due to the complex nature of the legal regulation of relations on the use and protection of natural medicinal resources, medical and recreational areas and resorts by the norms of legislation on public health, civil, urban planning, environmental, land and other branches of legislation. Accordingly, the assessment of legal concepts should cover the sphere of regulation of natural resource relations related to the use of natural resources for therapeutic and recreational purposes; the provision of services, the implementation of sanatorium-resort activities as an integral part of health and socio-economic relations; territorial (spatial) development of resort areas, medical and recreational areas; ecological relations due to the classification of such areas as specially protected. In the study of basic concepts — «health-improving terrain», «resort» — their characteristics such as «curative», «preventive», «wellness» are examined, contradictions in legislation are revealed, the necessity of expanding the criteria that are the basis for imparting with therapeutic natural resources, the corresponding legal status is justified. The necessity of expanding the terms and concepts related to the resort sphere — «resort infrastructure», «resort infrastructure user», «accommodation object», etc. is shown. The authors justify other proposals in the context of recent legislative initiatives in this area.


Author(s):  
E. B. Chernobrovkina

The article explores the dialectic of determining the legal status of cryptocurrencies. Digital technologies are considered specifically for their application in the financial sector. The features of the use of digital technologies in various countries of the world are analyzed. Due to the variability of the legal regulation of digital technologies, the complex nature of their implementation is noted, which is not reduced to a simultaneous behavioral act. It is concluded that there is no universal way to sell cryptocurrencies in the financial market. The analysis of existing scientific approaches to understanding the concept of cryptocurrency, bitcoin is carried out.The article examines the digital technologies used in the financial sector, which include virtual currencies and — like their kind of cryptocurrency. The cryptocurrency status is not defined, however, there is the prospect of normative fixing it on the territory of the Russian Federation.


Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-12
Author(s):  
Maryana B. Napso ◽  

Throughout studying of a problematics of conscientiousness in article the question of legislative fastening of a category of conscientiousness from the point of view of various approaches is considered. Considering the complex approach necessary in questions of legal definition of the maintenance of this or that category, the author insists on introduction of concepts of conscientiousness, the diligent tax bearer, a presumption of conscientiousness not only and it is not so much within the limits of separate norms and articles, how many on necessity of reduction of maintenance НК the Russian Federation according to them. The legal regulation in such context when conscientiousness is a letter and spirit of the law, demands revision of set of its positions, concerning legal status of tax bearers, tax departments, tax agents, banks, a legal regulation of actions of tax control and consideration of their results, the tax information etc. Hence, for the author it is a question of giving to legal regulation of a certain orientation, a formulation new концепта, according to which: 1) the diligent person always has advantage before unfair, and the more so before the defaulter; 2) the diligent person cannot be put in the worst position, than unfair; 3) granting of tax privileges demands a recognition of the person the diligent; 4) application of special tax modes is put in direct dependence on a recognition of the person by the diligent. Thus, in a basis of legal regulation of a principle of conscientiousness the author puts the approach based on a recognition of a difference of legal status of persons depending on execution by them of a duty on payment of taxes that, in its opinion, to the greatest degree corresponds to taxation major principles — compulsions, generality, equality and justice.


Author(s):  
R. V. Chikulaev ◽  
◽  

Introduction: the paper investigates the legal regime of corporate financial instruments in the context of the convergence of the world legal systems taking into account historically determined national differentiation. We study the legal regime of corporate financial instruments with respect to the status peculiarities of a corporation as a subject of legal relations and the regime characteristics of a financial instrument as a legal object. The purpose of the study is to analyze and generalize the legal experience of economically developed countries and to explain the modern legal content of the concept ‘corporate financial instrument’ against the related legal terms ‘securities’, ‘financial instrument’, ‘corporation’; to reveal major problems in the doctrine and positive legal regulation. Methods: comparative-legal, formal-logical, historical, analytical, empirical methods, and legal modeling. Results: the analysis of Russian and foreign experience made it possible for us to explain the specific nature of the legal status of corporation as the main component of modern economic systems, which determines special legal regimes of financial instruments that provide certain corporate rights. Conclusions: in terms of comparative analysis, of special interest is legal experience of such countries as Germany, France, Great Britain, and the USA since these countries show a higher level in the development of corporate legal forms and financial markets. Since early 1990s, Russia has been demonstrating high rates in the formation of the system of financial instruments circulation, which, with respect to the legal development of the corporate legal entity doctrine, brings Russian legal system closer to the world major legal systems. In the light of the focus on the sustainable economic development and defense of state interests with the use of modern digitalization methods, this also objectifies and makes currently relevant the development of the national legal regime of the corporate financial instrument based on the international legal experience.


2021 ◽  
Vol 8 (3) ◽  
pp. 113-118
Author(s):  
Daria A. Petrova ◽  
Denis V. Mukhalov

The main purpose of this article is to analyze the legal regulation of unmanned vehicles in the world and in Russia. The methodology is founded on various methods and logical techniques of information processing. The principle method is that of analysis: comparative-legal, structural-functional, and formal-legal. The article highlights the growing interest in self-driving vehicles and autonomous control systems in general, as well as the main advantages of using such technologies. It is determined that there is a constant building of capacity within the framework of information systems and technologies, an active search for labor resources, and a constant training of new personnel to expand the segment of autonomous management systems. The article discusses the intention of legislators from a number of states to develop a regulatory framework aimed at ensuring the testing of unmanned vehicles and their access to public roads, as well as the creation of entire networks of unmanned vehicles that can relieve the transport system and improve the economic and environmental well-being of the population. Within the framework of Russian realities, various government initiatives, initiatives of the President of the Russian Federation, and attempts to regulate unmanned vehicles at the legislative level are being considered. The authors have concluded that the issue of unmanned vehicle use, as well as the legal regulation of such vehicle use is on the agenda of many states. Russias achievements in the framework of the issue are highlighted separately. The question of the emergence of two models for the development of legal regulation of unmanned vehicles is raised: the Russian model and that (those) of other countries.


2020 ◽  
Vol 24 (1) ◽  
pp. 27-32
Author(s):  
T. Bantorina ◽  
◽  
O. Livandovska ◽  

Annotation. Introduction. At the present stage of development of the world is the rapid functioning of all spheres of society. Based on this, today society seeks to be progressive, modern, and therefore the world introduces us to a new type of money that is gaining popularity – cryptocurrency. Currently, humanity is aimed at finding a more progressive way of realization of any financial transactions with minimal risk. Now, the cryptocurrency is in the same city, where was the first paper money during the popularization of the concept of “printing money”. That is why, after a certain period of time cryptocurrency calculations become commonplace. Purpose. The purpose of the study is to consider cryptocurrency as the currency of the future financial system and possible prospects for its future development in Ukraine and the world. Results. The article discusses the theoretical aspects and history of cryptocurrency as currency future financial system. The main types of cryptocurrencies, the process of their creation, which is based on the solution of computers to complex mathematical problems and their entry into the market, are identified. The advantages and disadvantages of using cryptocurrencies are studied, as well as its feature as decentralization, which distinguishes it from other currencies. It is emphasized that in the world, so far, there is no consensus on the further strategy for the development of cryptocurrency in the world, its legalization and legality of use, thus analyzing the legal status of cryptocurrency in different countries and prospects for use. The legal regulation of cryptocurrencies in Ukraine in accordance with the norms of Ukrainian legislation is considered. The peculiarities of the functioning of virtual currencies in Ukraine are highlighted. Conclusions. Cryptocurrency inevitably and actively popularized worldwide in furthering decade. In some areas, such as online gaming business, this kind of currency has found its application in full. In Ukraine, there is everything necessary for legal operations with cryptocurrencies, but it is at the legislative level that there is a problem that prevents the active distribution and use of such currencies. The situation when cryptocurrency is not banned, but also not allowed, is an additional reason for fraudulent schemes. Legal entities and individuals who want or are able to use cryptocurrency is not protected. Similarly, the state can not get taxes from prospective activities. That is why the need for a clear establishment of the concept of “Cryptocurrency” by the law of Ukraine and the creation of mechanisms for regulating any activity with cryptocurrencies at the legislative level, are the priority state tasks at present. Keywords: cryptocurrency; currency; bitcoin; mining; digital currency; the legal status.


Legal Ukraine ◽  
2019 ◽  
pp. 40-46
Author(s):  
Mytrytska Hanna

The article is devoted to the study of the legal status of private employment agencies. International and European standards in the regulation of private employment agencies are analyzed. The status of private employment agencies in foreign countries as bodies that promote and secure employment of the population has been investigated. Mainly hermeneutic, statistical and functional research methods have been applied. the etiology of the emergence and revision of the traditional concept of labor relations during the collapse of the Soviet system and the beginning of the formation of market relations in the 1990s is investigated. It is established that during the first post-Soviet decade old legal norms of doing business remained; the informal economy flourished in real labor relations; the question of liberalization of labor law was raised at the beginning of the third millennium. In the economic situation, there is a growing demand for loan work. As a rule, such services are provided by representatives of multinational companies, national companies with complex organizational structure and well-established budgeting system, companies undergoing reorganization. According to expert estimates, about 100,000 people are currently employed in loan work in Ukraine, and in view of the new tax rules, this figure is expected to increase by at least half. At the same time, it is concluded that in addition to classical employment in modern Europe and in the world as a whole, there are other forms of employment, in particular its atypical form - borrowed labor (loan). Given the growing role of private employment agencies in the world, including in addressing unemployment, it is necessary to regulate much of the important conditions of borrowing that have been left out of Ukrainian law, which could adversely affect the level of protection of the rights and legitimate interests of workers. The conclusion is made about the expediency of improving the legal regulation of the status of private employment agencies and relations in the sphere of employment and in the national labor legislation of Ukraine.


Author(s):  
М.А. АЛЬ-СВЕЙТИ ◽  
А.С. МУТХАННА ◽  
А.С. БОРОДИН ◽  
А.Е. КУЧЕРЯВЫЙ

Обсуждается возможность применения бортовых платформ с целью поддержки наземных сетей для использования ресурсов автономных транспортных средств как части критичных к задержкам приложений. Бортовые платформы могут повысить безопасность поездок транспортных средств, доставляя на них своевременную информацию об окружающей обстановке даже в отдаленных районах земного шара. Обсуждаются требования и потенциальные решения для поддержки инфраструктуры автономных транспортных средств как части интеллектуальной транспортной системы. Предлагается использовать вдоль дороги энергоэффективные сенсоры, которые могут объединяться друг с другом в Mesh-сети. Кроме того, предлагается новый подход к обнаружению активности биологических объектов на обочине дороги, основанный на технологиях искусственного интеллекта. The article discusses the possibility of using onboard platforms to support the terrestrial networks for autonomous vehicles resources as a part of delay-critical applications. Onboard platforms can improve the safety of vehicle rides by delivering time-critical information about the environment to the vehicles, even in remote areas of the world. In this paper, we discuss requirements and potential solutions for supporting the autonomous vehicle infrastructure, as a part of an intelligent transportation system. It is proposed to use energy-efficient sensors along the road, which can connect with each other in a Mesh network. In addition, a new approach for the detection of biological objects activity on the roadside, based on artificial intelligence technologies is suggested.


Sign in / Sign up

Export Citation Format

Share Document