scholarly journals Harmonization Of Private Law In The Field Of Consumer Protection Under Remote Contracts

2019 ◽  
pp. 3-14
Author(s):  
I.I. Banasevych
Keyword(s):  
Consumer Protection ◽  
Personal Data ◽  
Relevant Information ◽  
Legal Regulation ◽  
Scientific Article ◽  
Eu Law ◽  
Online Store ◽  
Electronic Transactions ◽  
Effective System ◽  
The Law

The scientific article is devoted to the study of the state of legal regulation of consumer protection under distance contracts in Ukraine and its compliance with EU law. At the same time, the author analyzes the international legal documents, the current legislation of Ukraine and the views of other researchers of this problem. The author has identified a number of shortcomings in the legal regulation of consumer protection under distance contracts in Ukrainian legislation. In particular, the Law of Ukraine «On E-commerce» obscures the requirements for an online store, which are actually dealt with by buyers (potential buyers). The main disadvantage is that an online store is recognized as a means of presenting or selling a product, work or service through an electronic transaction and not as a party to an e-commerce relationship with the obligation to provide relevant information. The problems of concluding and executing electronic transactions are also considered. Attention is drawn to the fact that the dispositive wording of the essential terms of electronic transaction in domestic law does not comply with the Directive 2000/31 / EC on e-commerce. This inconsistency can be remedied by imposing a mandatory information requirement to be provided by the service provider to the recipient in accordance with the Directive, rather than a dispositive list of electronic contract requirements. Progressive and in line with EU law is the provision of the Law on e-Commerce of Ukraine, which prohibits the use and demand of personal data by parties to an electronic transaction for a purpose other than committing the transaction. It is concluded that the creation and implementation of an effective system of consumer protection in Ukraine based on EU law is possible only through the interaction of all components of the system of consumer protection.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

scholarly journals Security of personal data: legal standards of the European Union and modern applied problems

2021 ◽  
pp. 17-28
Author(s):  
V. BRYZHKO ◽  
V. PYLYPCHUK
Keyword(s):  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Eu Law ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Key Aspects ◽  
The Eu

The article is a continuation of a number of scientific works on the state, trends and further ensuring security of personal data in the context of digital transformation and related problems of legal regulation of new social relations in this area. The key aspects of the EU documents approved in recent years, in particular, the GDPR Regulation, the NIS Directive and the draft legal act on e-Privacy, are considered and evaluated. The main criteria and topical issues that need to be addressed in the context of the implementation of EU law and the development of national legislation on personal data protection are highlighted.

scholarly journals CONSUMER PROTECTION IN ELECTRONIC CONTRACTS: THE CASE OF INDONESIA

2017 ◽  
Vol 2 (1) ◽  
pp. 159
Author(s):  
Erni Agustin ◽  
Faizal Kurniawan
Keyword(s):  
Consumer Protection ◽  
Government Regulation ◽  
Electronic System ◽  
Electronic Contracts ◽  
Domestic Trade ◽  
Electronic Transactions ◽  
Border Trade ◽  
The Law ◽  
Asean Economic Community ◽  
Domestic Products

This paper aims to provide insights into the consumer protection in e-commerce in Indonesian context. In 2015, ASEAN Economic Community (AEC) which includes Indonesia as a member, was established for a regional economic integration by reducing the transactions costs of trade, improving trade and business facilities, as well as enhancing the competitiveness of Small and Medium-Sized Enterprises sector. AEC is expected to promote electronic transactions. Even though Indonesia has the Law Number 8 Year 1999 on Consumer Protection, this law does not regulate specifically on electronic transactions. In response to this limitation, Indonesia has issued the Law Number 11 Year 2008 on Information and Electronic Transactions and Government Regulation Number 82 Year 2012 on the Implementation of Systems and Electronic Transactions. This is followed by enactment of Law Number 7 Years 2014 on Trade, which regulates general domestic trade, foreign trade, border trade and commerce through the electronic system. The law aims to stem the flood of products imported into Indonesia so that the use of domestic products can be increased. This paper concludes that legislations which regulate consumer protection in electronic transactions are still inadequate thus Indonesia is not fully ready to deal with the consumer protection in e-commerce. Keywords: Electronic contracts, consumer protection, Indonesia, ASEAN Economic Community.Cite as: Agustin, E. & Kurniawan, F. (2017). Consumer protection in electronic contracts: The case of Indonesia. Journal of Nusantara Studies, 2(1), 159-169.

GAPS IN THE LEGAL REGULATION OF OBTAINING INFORMATION ON A LAWYER`S REQUEST

2018 ◽  
Author(s):  
Volodymyr Kurylo ◽  
◽  
Sergii Korsun ◽  
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
Legal Norms ◽  
Limited Access ◽  
Advocacy Activity ◽  
Legal Uncertainty ◽  
The Law ◽  
Government Body

The article is devoted to the consideration of topical issues of obtaining by citizens and other subjects of information relations, information on relevant requests. The importance of the role of the institution of the legal profession in the field of protecting the rights and freedoms of citizens and legislative regulation of obtaining information on a lawyer's request is highlighted. It is noted that a response to a lawyer's request must be provided within a legally defined and compressed timeframe, and failure to provide information or providing incomplete information to a lawyer's request is punishable as an administrative offense. Analysis of scientific research in the field of advocacy allows us to conclude that the issue of gaps in the legal regulation of obtaining information on a lawyer's request has not yet been studied by domestic legal scholars. The article analyzes the list of subjects, defined by law, who are obliged to provide information to lawyer inquiries. Identified and highlighted those subjects in respect of which such a duty is not legally defined or is not properly regulated by the rules of law. Possible ways of resolving the legal uncertainty of this issue are proposed. The Law of Ukraine "On the Bar and Advocate Activity" defines a lawyer's request as a written appeal of a lawyer to a public authority, local self- government body, their professional and official persons, forms of enterprises and organizations, regardless of ownership and subordination, public associations on the provision of copies of documents required a lawyer to provide legal assistance to a client. The specified determines that state authorities, local self-government bodies, authorities and officials, governments of organizations, organizations, public associations, the required lawyer's request requires the lawyer to provide relevant information, copies except with limited access and copies of documents containing information with limited access. The authors analyze the legislative and legal norms that define the concepts: enterprise, institution, organization and manager. It was found that the normatively formed definitions according to which a society, institution and public association are defined through the concept of "organization", and therefore are the appropriate types of organization. It is established that such entities as cooperatives, associations, corporations, consortiums, concerns, etc., which the legislator does not refer to enterprises, institutions and organizations, may not be forced to provide information at the request of a lawyer due to legal uncertainty and due to constitutional requirements according to which no one can be forced to do what is not provided by law. The authors propose to clearly define the concept of "organization" and propose an appropriate classification of organizations. All existing enterprises, consortia, associations, cooperatives, etc. should be defined precisely through the concept of "organization" and refer to a certain type of organization.Amendments to the Law of Ukraine “On Advocacy and Advocacy Activity” have been proposed, which will make it possible to eliminate the existing shortcomings of the legal regulation of obtaining information at the request of a lawyer.

scholarly journals Implementing a Person's Right to Privacy When Using Their Biometric Material

2019 ◽  
Vol 12 (5) ◽  
pp. 38
Author(s):  
Alsu Machmutovna Khurmatullina ◽  
Evgeniy Batyrovich Sultanov ◽  
Rimma Rashitovna Amirova ◽  
Olga Mikhailovna Smirnova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Personal Data ◽  
Legal Regulation ◽  
Structural Method ◽  
Right To Privacy ◽  
Scientific Methods ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The significance of regulating people's personal data in the context of implementing each person's right to privacy of personal life and family life becomes especially crucial for the purposes of ensuring biogenetical safety of people in Russia. This requires raising the issue of implementing the right to privacy in the context of the biotechnological revolution. The special legal significance of this issue in the Russian Federation is connected with the passing of such laws as the Law "On personal data" and the Law "On state genome registration in the Russian Federation". This article analyzes the legal status of biometric personal data. We note the need for legal regulation of the protection of biometric information as confidential data. The results of this research are based on using the following methods: universal dialectical method of scientific cognition, as well as general scientific methods based on it (description, analysis, synthesis, induction, deduction, comparison, analogy, generalization) and specific scientific methods (comparative law method, systematic structural method and formal law method).

scholarly journals THE INFLUENCE OF THE PRINCIPLE OF EQUALITY ALL BEFORE THE LAW ON THE ORDER OF PAYMENT OF COURT FEE IN THE CIVIL PROCESS

2019 ◽  
pp. 57-61
Author(s):  
S. E. Ustiushenko
Keyword(s):  
Ad Hoc ◽  
Legal Regulation ◽  
Individual Characteristics ◽  
Scientific Article ◽  
Constitutional Court ◽  
Court Order ◽  
Procedural Law ◽  
European Court ◽  
The Law ◽  
Principles Of Justice

In the scientific article the content of the principle of equality of all before the law is examined, taking into account the presence of a whole spectrum of points of view on this issue in the science of civil procedural law and legal positions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as the nature of the influence of this principle on the procedure for payment of a court fee when appealing to the court in civil proceeding. Formal equality of all before the law is considered in its inextricable connection with the principles of justice and the rule of law,requiring the accessibility of justice for all segments of the population. It is stated that the differentiated attitude towards the subjectsis important, taking into account their individual characteristics, and the undoubted necessity of the existence of compensators for thefinancial insolvency of certain groups of citizens to pay court fees in the amount established by law. The article analyzes the provisions of the current legislation, which provide for privileges to pay court fees. Two main types ofexemption from payment of a court fee are investigated: according to the law, when the plaintiffs are released from their payment forfiling individual claims, as well as certain categories of persons, determined by law, regardless of the type of claim and court decision,when the person is released by a court from the duty to pay the court fee is only ad hoc, that is, in relation to this particular case. The necessity to distinguish cases of exemption from payment of a court fee, provided by law, and cases where the court fee is notpaid at all, is proved. The distinctive differences between these cases are established. The grounds and procedural order of defermentand deferral of payment of court fee, as well as reduction of its size by court, are characterized. The peculiarities of the distribution of court costs in cases where the person who appealed to the court was dismissed from payment of court fee, if it was arranged by a courtor delayed its payment or reduced amount of payment of court fee. Also, the article identifies the shortcomings of legal regulation of issues related to the payment of court fees when appealing to acourt with a statement on the cancellation of a court order and formulated a proposal for their correction.

scholarly journals Genesis of legal regulation of the status of legal entities carried out activitiy in the field of providing legal services under the legislation of Ukraine

2021 ◽  
pp. 124-129
Author(s):  
I.T. Hobechia
Keyword(s):  
Public Relations ◽  
Limited Liability ◽  
Legal Regulation ◽  
Scientific Article ◽  
Legal Services ◽  
Legal Aid ◽  
The Status ◽  
The Law ◽  
Legal Forms ◽  
Legal Entities

In the current conditions of European integration processes in Ukraine, the issues of activity of institutions aimed at guaranteeing and protecting the rights and interests of all the participants in public relations have become important. The study of the genesis of legal regulation of the status of legal entities engaged in the provision of legal services in our country have been become particularly relevant. In Ukraine, advocates have the right to provide all types of legal services, in particular to represent interests in court in all types of proceedings. An advocate is a natural person who practices law on the grounds and in the manner prescribed by the Law of Ukraine «On Advocacy and Advocatory Activity». In studying the genesis of the legal regulation of the status of legal entities engaged in the provision of legal services under the laws of Ukraine, special attention has been paid to the period after the restoration of our state's independence on August 24, 1991. Legal entities engaged in the provision of legal services were created and operated in various organizational and legal forms, the most common of which were and remain private enterprises and limited liability companies. The peculiarity of our legal system is also that the Law of Ukraine «On Free Legal Aid» was adopted and regulates, in particular, the status of centers for free secondary legal aid and the peculiarities of providing such aid by advocates, who are included in the Register of free secondary legal aid advocates. At the same time, the key role in providing participants of public relations with legal services in our state belongs to the bar. Therefore, despite the possibility of carrying out activities in the field of legal services by legal entities of all types and organizational and legal forms, a special place among them has been occupied by advocatory association and advocatory bureau. In the scientific article it has been summarized and highlighted the periods in the history of normative regulation of the legal status of these legal entities after August 24, 1991.

scholarly journals Legal Protection of Investors Investment Virtual Currency

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Ekka Sakti Koeswanto ◽  
Muhammad Taufiq
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Legal Protection ◽  
Virtual Currency ◽  
The Public ◽  
Trade Law ◽  
Electronic Transactions ◽  
The Law ◽  
The Republic

The presence of Virtual Currency (Centcoin and Bitcoin) in Indonesia is well known by Indonesian people as a business by means of speculation with the aim of making a profit that is used by its users as a means of exchange, means of payment and business by way of investment. Then pay attention to the Law of the Republic of Indonesia Number 7 of 2011 concerning Currencies when Virtual Currency (Centcoin and Bitcoin) serve as a means of exchange or payment transactions in Indonesia by its users is contrary to the Act, however Law Number 7 Year 2014 on Trade, Law of the Republic of Indonesia Number 19 of 2016 on the amendment to Law of the Republic of Indonesia Number 11 of 2008 on Information and Electronic Transactions and Law of the Republic of Indonesia Number 8 of 1999 concerning consumer protection can provide legal protection for the public or investor users Virtual Currency (Centcoin and Bitcoin) in Indonesia.Keywords: Legal Protection, Virtual Currency (Centcoin and Bitcoin), the Electronic Commerce Transactions

scholarly journals Consumer Protection in the Slovak Republic and Protection of Air Passengers’ Rights

2018 ◽  
Vol 11 (40) ◽  
pp. 217-227
Author(s):  
Hana Magurová ◽  
Matej Horvat ◽  
Mária Srebalová
Keyword(s):  
Consumer Protection ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Private Law ◽  
Eu Law ◽  
Basic Principles ◽  
Legal Norms ◽  
Consumer Law ◽  
Tourism Services ◽  
The Eu

Abstract The authors analyse a legal regulation of consumer protection in the Slovak Republic, comprised (among others) the Civil Code, the Act on Consumer Protection and the Act on Consumer Protection in Provision of Certain Tourism Services. They refer to the specifics of consumer law, which undermines the basic principles of private law (the principle of equality of the involved parties and the principle of the dominance of dispositive legal norms), because it primarily serves for the protection of a weaker party of the consumer agreement - a consumer. They focus on the claims of consumers - air passengers. The conclusion is that air passengers’ rights drive mainly from the EU law. They also present a survey regarding air passengers’ rights and propose suggestions on how to improve their satisfaction. The aim of a paper is to start a discussion on air passengers’ rights because the number of air passengers increases.

scholarly journals Administrative Supervision of the National Police of Ukraine

2021 ◽  
Vol 81 (2) ◽  
pp. 72-78
Author(s):  
I. M. Kovalov ◽  
V. A. Yevtushok
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Legal Regulation ◽  
Educational Process ◽  
Scientific Article ◽  
Administrative Supervision ◽  
The Law ◽  
Compliance With The Law ◽  
National Police

The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.

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