scholarly journals Problems of Protecting Virtual Game Property by Means of Criminal Law

2021 ◽  
Vol 15 (6) ◽  
pp. 744-755
Author(s):  
Pavel Stepanov ◽  
Maria Filatova
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Real World ◽  
Legal Protection ◽  
Legal Regulation ◽  
Virtual Space ◽  
The Real ◽  
Legal Nature ◽  
Game Property ◽  
Virtual Game

The legal regulation of social relations in virtual reality is attracting an increasing attention of scholars. There are corresponding Russian and foreign publications concerning different branches of law: civil, tax, labor, international humanitarian, and criminology. Criminological research is based, among other things, on the analysis of sociocultural factors: how online gaming behavior influences the «cultural normalization» of similar behavior in the real world, the problems and boundaries of permitted violence. At the same time, the problem of infringements on virtual game property is becoming more urgent. The first reason for this is the fact that the possession of virtual property can have legal and economic consequences in the real world. The second reason is connected with the absence, in most jurisdictions, of the legal regulation of the emerging property rights (or other «rights in rem») to game property, which hinders prosecution for crimes against it, or makes it impossible in some countries where criminal law protection is linked to positive legislation. The authors believe that it is best to view these crimes as offences against property, and not cybercrimes in the narrow sense of the word. It is obvious that the problems of defining the crime of theft in the virtual space are connected with the understanding of the object and other features of theft, and the analysis thus mainly focuses on comparing the legal nature of virtual game property with how it corresponds to the features of theft in the current legislation. Key concepts of the legal nature of virtual game property are formulated, which are then analyzed from the standpoint of their applicability in criminal law. According to the authors, there are two main ways to solve the problem of virtual game property protection: either, following the approaches found in foreign practice, the definition of theft should be broadened, or the legal protection regime sui generis should be created to deal with the protection of all cyber aspects of property relations.

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 ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals Variation in the official female onomasticon of Ukraine: between norm and abnormality

2020 ◽  
pp. 183-195
Author(s):  
Iuliia Makarets
Keyword(s):  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Russian Language ◽  
National Language ◽  
Language System ◽  
National Minorities ◽  
First Case ◽  
The Status ◽  
Morphological Variants

The article deals with sociolinguistic analysis of modern official female onomasticon of Ukraine. Its dynamics reflects processes, which are taking place in language system, and changes in society, social demographic and ethnic pattern, cultural markers and values, even the extent of legal regulation of social relations. Sociologists are interested in personal names as a means of social categorization and differentiation of individuals. Legists see them as a tool for one’s legalization and as an object of legal protection. Anthropologists study them as special units of communication and interaction between generations. For linguists they are a specific typexplore them linguists – ists of means of lexical nomination. Linguistically onomasticon is a valuable source of information on the current state of language norms, level of linguistic culture of the population, and the status correlation between languages in society. According to the date of the Ministry of Justice of Ukraine, the repertoire of newborn girls’ names in 2015–2019 exceeded half a thousand units. It’s due to the magnitude of globalization processes in naming, restoration of national naming traditions, rising social freedom in choosing names, and, sometimes, the decay of sense of responsibility in naming and insufficient language culture. About third part of female names appears as phonetic, orthographic and morphological variants. Ukraine is a multinational state and representatives of other nationalities and national minorities maintain their own naming traditions. Ukrainian spelling of these names in documents often is inconsequent. Often variants arise due to the ambiguity of transliteration, Ukrainian-Russian language interference and violation of Ukrainian spelling standard. Much less it is a result of alive alternation in the Ukrainian language. Rows of variants of the same official female name consist from two to five or six units. Among them there are normative and anomalous variants. In first case main and optional variants can be distinguished. Optional variants are not conventional in language practice but they do not violate the essential features of national language system (over time, some of them may become more popular than the main variant). Linguistically such variants are the same unit, the natural manifestation of potentialities of language system. But legally, person’s name can’t be spelled differently in her documents.

scholarly journals The Net Generation’s Stories: A Typology

2020 ◽  
pp. 125-183
Author(s):  
Christina Schachtner
Keyword(s):  
Real World ◽  
Empirical Data ◽  
Virtual Space ◽  
The Real ◽  
The Past ◽  
Specific Focus ◽  
The Future

Abstract In this chapter, the empirical data are presented as a typology of narratives in which experiences and activities in virtual space and the real world are interwoven, along with ideas and wishes for the future, what has happened in the past, and what is happening in the present. They run like a subterranean web through the narrators’ lives, initiating patterns of thinking and doing which revolve around a specific focus. The following types of narrations were identified: stories about interconnectedness, self-staging, supplying and selling, managing boundaries, and transformation, as well as setting out and breaking away.

scholarly journals Virtual Image as an Object of Legal Protection

2020 ◽  
Vol 15 (6) ◽  
pp. 143-148
Author(s):  
E. S. Grin
Keyword(s):  
Computer Games ◽  
Legal Protection ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Creative Work ◽  
Virtual Image ◽  
Legal Nature ◽  
Digital Objects ◽  
Virtual And Augmented Reality ◽  
The Right

The paper discusses the issues that arise when creating a virtual image in multimedia products, including computer games, using the image of a citizen. As a rule, such images are used without the consent of a citizen, and therefore disputes have begun to arise regarding the legitimacy of using real images of artists in computer games, social networks. The author analyzes the legal nature of the right to an image of a citizen and the possibility of using such an image in virtual and augmented reality. In connection with the development of digital technologies, the images of citizens are now actively being used in creation of various works, such as holograms. The dance moves are being used to create digital results of creative work. The author notes that when getting results of creative work in virtual reality, it is necessary to observe the rights of citizens, whose images are used to create digital objects. When considering these issues, an analysis of foreign experience is provided, as well as mechanisms for legal regulation of relations arising in the cases under consideration.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

Imagining new materials: Design as puzzle-solving

2018 ◽  
Vol 24 (2) ◽  
pp. 194-209
Author(s):  
Viviana Lebedinsky
Keyword(s):  
Social Relations ◽  
Real World ◽  
Materials Design ◽  
New Materials ◽  
The Real ◽  
Nanoscience And Nanotechnology ◽  
Puzzle Solving ◽  
Innovative Materials ◽  
The Creation

How important is the imagination in the design and creation of new and innovative materials, and how can it be developed through formative processes? What happens when the real world becomes distinct from our imagination of it and what are the implications of such a rupture? These questions are considered with reference to a case study in the field of nanoscience and nanotechnology, which is examined with a focus on social relations, and formative processes in particular, emphasizing how these relations contribute to the creation–design of new materials. The author also examines the notion of imagination, focusing on its importance in the design of nanomaterials, which she conceptualizes as analogous to puzzle-solving. Two further examples enable us to reflect on different approaches through which the imagination might be understood and how the above questions can contribute to a rethinking of the hylomorphic and textility of making models.

scholarly journals VIRTUAL IDENTIFICATION OF MODERN PEOPLE

2021 ◽  
Vol 7 (2) ◽  
pp. 9-24
Author(s):  
Yan Chaplak ◽  
◽  
Halyna Chuyko ◽  
Ihor Zvarych ◽  
◽  
...  
Keyword(s):  
Identity Formation ◽  
Real World ◽  
Virtual Space ◽  
The Internet ◽  
The Real ◽  
Identity Creation ◽  
Virtual Identity ◽  
Internet Users ◽  
The One ◽  
The Individual

The article analyses theoretically the problem of human identification in the Internet and studies the phenomenon of an individual’s virtual identity. We have analysed the concept and features of self-presentation as the primary element of an individual’s identification in the virtual space in order to create a desired impression on the individual with an opportunity to be perceived there as he/she want to be perceived in the real world; which, to a certain extent, contradicts to the concept of “identity”. An individual’s presentation via the Internet is often only a manipulation with an impression on him/her and an imitation of sincere communication and frank disclosure of his/her own real identity, since a virtual identity rarely reflects the individual’s true self-image; whereas the question of identity concerns an individual’s real identity in the real world. An individual’s virtual identification is chanced in time from multiple existing identities to Internet users’ tendency to open more real information about them in the Internet space; the ways of virtual identity creation are examined. The phenomenon of an individual’s multiple identification in the Internet is investigated, which is connected both with the period of an anonymous existence of the Network and the desire to study oneself and one’s capabilities regarding the optimal self-representation in virtual space, on the one hand, and with insufficiently adequate self-understanding, one’s real identity as a modern virtualized person, on the other hand. People are inclined to play and experiment with their self-images and self-identification, by constantly changing it and improving it, in particular, by adding desired (idealized) features; and this virtual identity is imitated during communications with other Internet users. That is, playing and communication in virtual space are factors of virtual identity formation, which evidences transformations of identity of a modern individual as a representative of the information society. The conclusion is that people in the Web, partly due to its anonymity, are inclined to manipulate with impressions on them, focusing on their positive perception by other Internet users. As a result, not so much an individual’s virtual identification is created, but a set of mask images, simulacra (which in fact only hide a user, giving out desirable for valid), behind which there is no real identity.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

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