The Key Elements of the Guarantee System of Compliance with the Legitimate Interests of the Parties to Investment Transactions: Interdependence and Functions

Legal Concept ◽  
2021 ◽  
pp. 125-135
Author(s):  
Denis Matytsin ◽  
Keyword(s):  
Social Relations ◽  
Information Technologies ◽  
Individual Investors ◽  
Personal Account ◽  
Software Complex ◽  
Guarantee System ◽  
Special Service ◽  
Special Means ◽  
Legitimate Interests ◽  
End To End

Introduction: the relevance of the research is due to the transformation of social relations in the neoindustrial era, which opens up technological innovations to mankind. In this regard, there is an objective need to revise and modernize many legal institutions and create a new legislative matter for the normal functioning of the banking and investment sector adequate to modern realities. Purpose: the paper contributes to the formation of the understanding of individual investors, recipients of investments, and investment intermediaries of the fact that there is a set of special means that can be freely implemented in a situation of violation of the rights and noncompliance with the legitimate interests of each of the participants in these relations. These special means should represent the interrelated and interdependent elements of the system, reinforcing, complementing each other, thereby forming a synergistic effect and thereby providing these guarantees. Methods: the methodological framework for the conducted scientific research is the method of historical materialism. In addition, while writing the paper, both the traditional general scientific methods (the dialectical method of cognition, analysis, synthesis, induction, deduction, etc.) and the specific scientific legal methods (formal-legal, the method of legal interpretation, etc.) were used. Results: the author substantiates the existence of five functional elements that guarantee in their totality a system of guarantees of compliance with the legitimate interests of participants to remote digital investment transactions. Firstly, there is a developed civil law regulation. Secondly, a workable institution of the financial Ombudsman. Thirdly, the effective regulation of this market segment by the central bank. Fourthly, jurisdictional and non-jurisdictional justice operating within the framework of legality. Fifthly, advanced information technologies for transactions and protection of rights. The functioning of the designated system of guarantees is investigated by elements. Conclusions: in summary, it is concluded that the efforts of scientists and developers-practitioners should be aimed at creating an end-to-end technology for participation in remote digital investment transactions and protection of their rights by the parties. The necessity of introducing special service applications that make up such technology is argued. It is proved that the implementation of such technology will allow functioning effectively, mutually complementing and strengthening all the elements of the guarantee system. It is proved that the key idea underlying the end-to-end technology of participation in remote digital investment transactions is the execution of the transactions themselves in the mode of smart contracts, which are executed, and the facts about the execution of their stages are stored in the distributed registry system. At the same time, this information technology should be integrated with the hardware and software complex of the GOSUSLUGI portal as a special service presented in the personal account of a citizen, as well as with the website of the Federal Tax Service with the corresponding service in the personal account of a party – a legal entity. These services should provide for a guaranteed and unhindered (automatic) possibility of an electronic, legally significant, appeal by a party to a remote digital investment transaction to the Bank of Russia, to a financial commissioner, to an arbitration institution, to a court.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals Topical questions of crime prevention in the Darknet

2021 ◽  
pp. 26-34
Author(s):  
Shamil Khasanovich Gonov ◽  
Anton Vladimirovich Milovanov
Keyword(s):  
Crime Prevention ◽  
Social Relations ◽  
Information Technologies ◽  
Telecommunication Networks ◽  
Main Task ◽  
Internet Crime ◽  
Basic Model ◽  
Telecommunication Systems ◽  
Information Safety ◽  
Crime Detection

The article considers the topical issue of a significant growth of crimes in the field of information technologies most of which are committed in the dark and hidden web. The research object is social relations in the sphere of Internet crime prevention. The research subject is the methods and mechanisms of crimes using information systems, and the technologies of information safety provision and deanonymization. The main task of the research is to develop the scientifically-grounded ideas aimed at the enhancement of the technique of analysis and assessment of crimes committed via information and telecommunication systems. The scientific novelty of the research consists in the fact that the authors systematize, generalize and analyze the standard mechanisms of committing crimes using information technologies. Based on this analysis, the authors formulate suggestions and recommendations. The article considers the main methods and mechanisms of information safety provision (anonymity on the Internet, and some promising technologies of deanonymization which can be used in the process of crime detection and investigation. The authors formulate a basic model of an offender which can be used for a primary profiling of a criminal. They also formulate an approach to the assessment of his potential which takes into account the peculiarities of using computer equipment in criminal activities in information and telecommunication networks.   

Performance and Accountability in E-Budgeting Projects

2008 ◽  
pp. 722-734
Author(s):  
Gabriel Puron-Cid ◽  
J. Ramon Gil-Garcia
Keyword(s):  
Social Relations ◽  
Information Technologies ◽  
Organizational Structures ◽  
Technological Determinism ◽  
Systems Research ◽  
Information Systems Research ◽  
The Status ◽  
Information And Communication ◽  
Institutional Contexts ◽  
Complex Relationships

An influential theoretical tradition in information systems research suggests that information and communication technology has the power to transform organizational structures and individual behaviors. This approach has been called “technological determinism.” In contrast, recent studies have found evidence of more complex relationships between information technologies and the organizational and institutional contexts in which those technologies are embedded (Fountain, 2001; Kling & Lamb, 2000; Orlikowski & Baroudi, 1991). The theories that Orlikowski and Iacono (2001) have categorized as the “ensemble view” explain that information technologies should not be conceptualized as physical artifacts only, but that the social relations around those artifacts should also be considered. In addition, the relationship between information technologies and social structures is at least bidirectional, and therefore organizational characteristics and institutional arrangements also have an impact on government ICT projects (Fountain; García, 2005; Kraemer, King, Dunkle, & Lane, 1989). As a result of this embedment of ICT in government settings, certain characteristics of the information technologies are expected to reflect important aspects of the institutional and organizational environment and, therefore, help preserve the status quo instead of promoting change (Fountain; Kraemer et al.).

Online Virtual Communities as a New Form of Social Relations

2010 ◽  
pp. 2226-2238
Author(s):  
Almudena Moreno Mínguez ◽  
Carolina Suárez Hernán
Keyword(s):  
Social Relations ◽  
Cultural Context ◽  
Information Technologies ◽  
Virtual Communities ◽  
Online Communication ◽  
Virtual Community ◽  
Communication Technologies ◽  
New Information ◽  
The Social ◽  
Cyber Culture

The generalization of the new information technologies has favored the transformation of social structures and the way of relating to others. In this changing process, the logic of the social relationships is characterized by the fragility and the temporality of the communicative systems reciprocity which are established “online” in a new cybernetic culture. “Virtual communities” are created in which the interaction systems established by individuals exceed the traditional categories of time and space. In this manner the individuals create online social webs where they connect and disconnect themselves based on their needs or wishes. The new online communication technologies favor the rigid norms of the “solid society” that dilute in flexible referential contexts and reversible in the context of the “global and liquid society” to which the sociologists Bauman or Beck have referred to. Therefore the objective that the authors propose in this chapter is to try new theoretic tools, from the paradigms of the new sociology of technology, which let them analyze the new relational and cultural processes which are being generated in the cultural context of the information global society, as a consequence of the new communication technologies scope. Definitely the authors propose to analyze the meaning of concepts such as “virtual community”, “cyber culture”, or “contacted individualism”, as well as the meaning and extent of some of the new social and individual behaviors which are maintained in the Net society.

E-Business Process Management and IT Governance

2009 ◽  
pp. 1843-1852
Author(s):  
Pallab Saha
Keyword(s):  
Business Process ◽  
Information Technologies ◽  
Business Process Management ◽  
Process Management ◽  
Business Processes ◽  
It Governance ◽  
Analysis Framework ◽  
Use Of Technology ◽  
End To End ◽  
Current Business

E-business process management (e-BPM) entails management of e-business processes with the customer initiating the process and involves non-linear processes with strong focus on value networks leveraging collaboration and alliances, rather than just business processes within the confines of the organization (Kim & Ramkaran, 2004). E-BPM requires organizations to take a process approach to managing their e-business processes (Smith & Fingar, 2003). The advent of business process reengineering (BPR) (Davenport, 1993; Hammer & Champy, 1993) resulted in numerous organizations initiating BPR programs. While BPR aims to enhance an organization’s process capability by adopting engineering discipline, e-BPM goes a step further and targets to improve the organizational process management capability (Smith & Fingar, 2004). Organizations target end-to-end business processes that deliver maximum customer value through e-BPM (Smith & Fingar, 2003). However, by their very nature, end-to-end business processes more often than not span multiple enterprises incorporating their individual value chains (Porter, 1985; Smith & Fingar, 2003; Smith, Neal, Ferrara, & Hayden, 2002) and involve e-business processes (Kim & Ramkaran, 2004). Integrating fragments of processes across multiple functions and organizations not only involves shared activities and tasks among business and trading partners, but also the capability to integrate disparate IT systems (Kalakota & Robinson, 2003). Effective management of e-business processes depends to a great extent on the enabling information technologies. In fact, Smith and Fingar in 2003 have stated that BPM is about technology. Porter’s value chain is about end-to-end business processes needed to get from a customer order to the delivery of the final product or service (Porter, 1985). The pervasive use of technology has created a critical dependency on IT that demands for a specific focus on governance of IT (Grembergen, 2004). Explicitly or implicitly, organizations specify business activities as business processes, and without realizing these tend to be e-business processes. However, given the current business conditions and a clear understanding by organizations about the complexities of their e-business processes, management of e-business processes is taking center stage (Smith et al., 2002). In the current business scenario where e-business processes, along with information are considered key organizational assets and management of business processes a strategic capability (Kalakota & Robinson, 2003), it is imperative that organizations clearly delineate the need for relevant and pertinent information as it provides visibility and transparency. Additionally, IT being the single most important predictor of the business value of IT (Weill & Ross, 2004) drives the need to analyze and understand the implications of e-BPM on IT governance. The key objective of this article is to investigate the implications of e-BPM on IT governance through the analysis of available literature. In particular, the article argues that a direct influence of e-BPM on IT governance performance is inevitable. While the importance of both effective e-BPM and IT governance is intuitively clear, there is currently little research on elements of IT governance that get enabled by e-BPM. More importantly, there is the lack of a theoretical framework that could be used to analyze. To address this shortcoming, the article also presents an analysis framework. The analysis framework is particularly useful as it incorporates elements from prevalent IT governance frameworks. Using the analysis framework, the article then examines the implications of e-BPM on IT governance and develops research propositions. The aim of developing the propositions is to enable further investigation and research thereby contributing to IT management theory.

Digitalisation and social innovations – perspectives and risks to the society

2018 ◽  
Vol 46 (1) ◽  
pp. 19-29
Author(s):  
Prof. nadzw. Mirosław Grewiński
Keyword(s):  
Social Relations ◽  
Information Technologies ◽  
Electronic Communication ◽  
Social Issues ◽  
Social Economy ◽  
Sharing Economy ◽  
Social Risk ◽  
Social Sphere ◽  
Social Innovations ◽  
Education And Development

The process of digitalisation of the economy and social sphere that has occurred in the last decades is beyond the wildest expectations put forward by the technological pioneers. Information technologies and new possibilities of electronic communication have totally changed business, economic and social relations, as well as labour market, industries and professions. Technologies as social innovations change the way of work, forms of education and development, adherence to social networks or consumption patterns. The article also tries to prove that social innovations are not only digital technologies, but also the search for new social ideas and values, including solutions in the scope of social economy, sharing economy, a new model of welfare state. Moreover, some new social issues are revealed, together with new forms of social risk related to the development of technology and digi-talisation, which will have to be solved in the future.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals The prerequisites for changing the mechanism of implementation of adversarial principle as the backbone of justice in the information and communication society

2021 ◽  
pp. 51-59
Author(s):  
Anastasiya Ivanovna Tomak
Keyword(s):  
Social Relations ◽  
Information Society ◽  
Information Technologies ◽  
Legal Enforcement ◽  
New Information ◽  
Global Trend ◽  
Civil Proceedings ◽  
Information And Communication ◽  
Judicial Proceedings ◽  
The Right

The advancement of informatization leads to the information society, which is a global trend of information civilization. Present time marks the new information stage of social development, which should be defined as information society, where information and knowledge are the key object of labor of the majority of population, and information technologies are a direct instrument of labor. In this regard, civil proceedings, which is founded on the adversarial principle, also takes the vector towards the information component. The adversarial principle, is in turn is influenced by objective factors (social relations) and subjective factors  (attitude towards the right of subjects), which is the basis for changing the mechanism of its implementation. This directly affect the conduct of judicial proceedings and legal enforcement of adversarial principle. The author determines the key trends in adaptation of the means of implementation of adversarial principle in civil proceedings in the conditions of the use of information technologies. The author suggest dividing the means of implementation of adversarial principle into two groups: for creating an environment of trust and communication interaction between the participants and the court. Based on this, the article analyzes the possible impact of information technologies upon the adversarial principle in civil proceedings, as well as the mechanism of its implementation. The conclusion is made that the adversarial principle in civil proceedings can fall under influence of information technologies, since its essence is formed from objective and subjective factors; while the means of its implementation, which comprise the legal measures of its mechanism through adaptation of information technologies in justice, are susceptible to change.

Conceptual Principles of the Civil Society Research

2017 ◽  
pp. 214-221
Author(s):  
Oleksandra Demianenko
Keyword(s):  
Civil Society ◽  
Social Relations ◽  
Information Technologies ◽  
Local Level ◽  
National Level ◽  
Historical Context ◽  
State Level ◽  
Three Dimensions ◽  
Political Reality ◽  
Economic Landscape

The article attempts to analyze the conceptual foundations of the study of civil society (theoretical and methodological foundations) comprehensively in order to generalize research material on this subject. Different approaches to the concept and phenomenon of civil society in the historical context of their formation are analyzed and systematized. Taking into account complex content and the form of a civil society as a subject of research, the author offers an approach to its analysis, providing three dimensions of the study: a theoretical; a historical; and a practical one. The emphasis is on the importance of the economic component in the emergence of the phenomenon of a civil society in the socio-political reality and the significance of changes in the economic realm to update goals and objectives, as well as the structure of a civil society. Contemporary investigation of civil society involves research of information technologies that affect the level of openness and mobility of any knowledge and information; globalization processes that shape the new economic landscape of the world and, therefore, become the subject of civil society due to inevitable social-economic conflicts and contradictions; migration processes that affect the value system of both migrants and settled population, which leads to the formation of completely new subjects and objects of influence of civil society; ecological problems, which do not have a pronounced nationality and directly affect humanity as a whole, which leads to the emergence of international environmental movements. A separate problem in considering the theory of civil society is the level of personal interactions in modern conditions. The emergence of planetary problems and, accordingly, the interests of people allow distinguishing three levels of social relations, which have their own characteristics and directly affect the approaches to the implementation of civil society. Such levels are local level of interrelations (within the framework of separate communities, professional or cultural communities); national level of interrelations (at the state level or interstate regional interrelations); supranational level of interrelations (environmental issues, war and peace issues, disarmament, etc.). Keywords: Civil society, capitalism, labor market, mass movements, economic inequality, justice, conflict of interests, institutionalization

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