scholarly journals The Problems of the Legal Regulation of Big Data

Legal Concept ◽  
2021 ◽  
pp. 155-160
Author(s):  
Alexey Churilov ◽  
Keyword(s):  
Big Data ◽  
Technological Development ◽  
Personal Data ◽  
Legal Regulation ◽  
Systematic Method ◽  
Public Interests ◽  
Private And Public ◽  
Processing Information ◽  
Method Analysis ◽  
Big Data Technology

Introduction: the development of technologies for collecting and processing information gave rise to the emergence of a recent phenomenon on the market – Big Data, which is in a certain conflict with the current legislation on personal data. Objective: to study the problems and features of the legal regulation of Big Data considering their technological features. Methods: the methodological basis of the study is a set of methods of scientific knowledge, among which the primary place is occupied by the methods of historicism, systematic method, analysis. Results: the problems of compliance of the current regulation of relations regarding personal data with the realities of the technological development of society were analyzed, including the compliance of Big Data technology with the general principles of processing personal data, reflected in both domestic and foreign legislation. Conclusions: the author concludes that regulation of personal data lags the needs of entrepreneurs using Big Data in their work, and the need for a careful choice of a model for the legal regulation of relations arising from the use of this technology to achieve a balance of private and public interests.

scholarly journals Legal status and principles of using Big Data technology (Big Data)

2021 ◽  
Vol 2 ◽  
pp. 68-69
Author(s):  
E.A. Kirillova ◽  
Keyword(s):  
Big Data ◽  
Large Scale ◽  
Legal Status ◽  
Personal Data ◽  
Legal Regulation ◽  
Electronic Form ◽  
Big Data Technologies ◽  
Definition Of ◽  
Big Data Technology

The study analyzes the legal status and principles of Big Data technology, considers the role, features and significance of these technologies. The relevance of the research is dictated by the large-scale use of Big Data technologies in many areas and the weak legal regulation of the use of Big Data using personal data. The purpose of this study is to determine the legal status of Big Data technology and differentiate the concepts of ‘personal data’ and ‘Big Data technologies’. The study author’s definition of technology ‘Big Data’ and ‘personal data in electronic form’, developed principles for the use of Big Data technologies.

scholarly journals Methods of big data definition: Russian and foreign experience

2021 ◽  
pp. 143-157
Author(s):  
Kseniia Antipova
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Original Definition ◽  
Data Definition ◽  
The Russian Federation

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere

2021 ◽  
pp. 58-68
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Interests ◽  
Legal Obligations ◽  
Legal Nature ◽  
Private And Public ◽  
The Subject ◽  
Universal Definition

The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds  and means set by law, with consideration of private and public interests.

scholarly journals Depersonalization of personal data and «big data» technology (bigdata)

2017 ◽  
pp. 78-80
Author(s):  
Tatiana Vladimirovna Mavrinskaya ◽  
◽  
Andrey Viktorovich Loshkaroyv ◽  
Ekaterina Nikolavna Churakova ◽  
◽  
...  
Keyword(s):  
Big Data ◽  
Personal Data ◽  
Big Data Technology

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

The ratio of private and public beginnings in Labor Law

2021 ◽  
pp. 168
Author(s):  
Lyubov A. Lomakina
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Public Interests ◽  
Labor Contract ◽  
Labor Legislation ◽  
Private And Public

The article highlights some issues of solving the priority tasks of labor legislation, coordination of the interests of the parties to labor relations, the interests of the state, which are determined by the principles of legal regulation of labor relations. Principles, as a legal category, form the basis for regulating any branch of law, including labor law, and determine the direction of development of the branch of law. One of these principles is the principle of combining private and public interests, which is reflected in Labor Law as the principle of combining state and contractual regulation of labor relations, it is aimed at balancing the various interests of the parties to the labor contract and the state.

The issues of implementing legislation on personal data in the era of big data

2020 ◽  
pp. 319-326
Author(s):  
Ekaterina Shebunova
Keyword(s):  
Big Data ◽  
Data Analysis ◽  
Nonprofit Organizations ◽  
Personal Data ◽  
Legal Regulation ◽  
Financial Control ◽  
Large Databases ◽  
The Impact ◽  
The Given ◽  
Improved Methods

We consider the impact of automation processes on the implementation of external financial control. We study the practical application features of new sources of data analysis – state information systems. In particular, the legal regulation of the functioning of such systems and their use for financial control purposes. We present methods for collecting and analyzing big data in order to improve the legal regulation of the budgetary process, as well as the law enforcement practice of using big data arising in the process of digitalization of the control and supervisory activities of external financial control bodies. We focus on the fact that big data analysis methods (for ex-ample, spatial analysis, social network analysis, machine learning, etc.) can be used to implement state financial control over the activities of nonprofit organizations. We find that improved methods of collecting and analyzing data helps not only to respond flexibly to sudden changes and make faster and more accurate decisions, but also to use large databases, which, in turn, allows us to move from monitoring the legality of spending to analyzing the effectiveness of use financial resources of the state. Based on the given ex-amples, we conclude that automation contributes to improving the methods of state financial control.

Prospects for the introduction of the ecological court in Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Buzunko Olena ◽  
Keyword(s):  
Environmental Protection ◽  
Environmental Problems ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Human Society ◽  
Successful Development ◽  
Public Interests ◽  
Private And Public ◽  
Environmental Relations

Effective legal regulation of environmental protection and protection of environmental relations in modern conditions is a necessary condition for the successful development of human society. Given the specifics of existing environmental problems, the article is devoted to the coverage of various forms and models of specialized environmental courts operating in different countries. The scientific opinions on the organization of activity of ecological courts are covered, the normative-legal acts regulating ecological legal relations are analyzed. The conclusion on prospects of introduction of ecological court in Ukraine is made. To this end, it is necessary to reform the legislation on the judiciary, update procedural legislation to ensure a harmonious combination of private and public interests in the field of environmental relations. Keywords: environmental protection, ecological legal relations, organization, activity, ecological court

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