scholarly journals Legal Regulation of Cryptocurrencies and Blockchain Technologies in Germany and Italy

2020 ◽  
Vol 15 (7) ◽  
pp. 197-206
Author(s):  
V. M. Kamalyan
Keyword(s):  
National Level ◽  
Public Life ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Unified Approach ◽  
Public Interests ◽  
Smart Contract ◽  
Points Of View ◽  
Effective Use ◽  
Scientific Doctrine

In the paper, the author analyzes the legislation of Germany and Italy, which regulates financial technologies, and highlights the official positions of the state bodies of these countries regarding digitalization and its elements. The trends in the development of legislation in the digital sphere and its prospects are identified. In addition, the German and Italian scientific doctrine is being studied, which, as noted, does not offer a unified approach to financial technologies, in particular to a smart contract, but contains conflicting positions and points of view. Based on the study, it is concluded that there is a need for legislative regulation of financial technologies not only at the national level, but also at the international level. It is emphasized that legislation must find a compromise between public interests, economic needs and technological capabilities in order to make the most effective use of digital technologies in various spheres of public life.

Contract in Legal Regulation of Intellectual Property Relations

2020 ◽  
Vol 27 (2) ◽  
pp. 64-76
Author(s):  
Ihor Yakubivskyi
Keyword(s):  
Intellectual Property ◽  
Information Society ◽  
Public Life ◽  
Legal Regulation ◽  
Public Interests ◽  
Property Relations ◽  
Effective Implementation ◽  
Private Interests ◽  
Effective Remedy

The relevance was the study is conditioned by the strengthening role of contractual regulation of intellectual property relations in the information society and the transition to an innovative development of the national economy. The purpose of this study is to identify the features of the contract as a legal tool in the mechanism of legal regulation of intellectual property relations at different stages. In the context of the analysis of the contract as a means of regulating relations in intellectual property, emphasis is placed on the expediency of distinguishing two groups of legal relations: those that mediate statics, i.e. ownership of rights to intellectual property, and those that mediate the dynamics, i.e. transfer of rights to intellectual property from one subject to another. It is noted that the contract is perhaps the most important legal means of commercialisation of rights to intellectual property, ensuring the effective implementation of creative activities in production and other areas of public life to meet the private interests of their creators, those who invested in their creation, and public interests. A rising tendency is noted to use the contract as a remedy at the stage of protection of rights to intellectual property. The parties may stipulate ways to protect their rights in the contract on the disposal of rights to intellectual property, which are not stipulated by law, regulate the procedure for resolving disputes, etc. Thus, the contract is an effective remedy at all stages of governing intellectual property relations – in the legal regulation of these relations, the acquisition of rights to intellectual property, the exercise of these rights, as well as their protection. The results of the analysis conducted in this study can be used in further research on contractual regulation of intellectual property relations, as well as in law-making to improve national legislation on intellectual property, which is especially important in the context of recodification of civil legislation of Ukraine

DIGITALIZATION IN THE TRENDS OF LEGAL REGULATION AND LAW ENFORCEMENT AT THE PRESENT STAGE

2020 ◽  
Vol 10 (3) ◽  
pp. 170-176
Author(s):  
DENIS SHEPELEV ◽  
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Legal Status ◽  
National Level ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Proceedings ◽  
Legal Obligations ◽  
Digital Processes ◽  
Subjective Rights

The purpose of the research presented in this article is to study the prospects for the development of legal institutionalization of digital technologies in the context of public policy. This involves solving such research tasks as analyzing international requirements and trends in the legal regulation of digital processes and law enforcement, identifying problems and prospects of legal regulation in the context of digitalization, as well as describing trends in the development of law enforcement practice in the context of digitalization. The study made it possible to note a number of conclusions. The author notes that international requirements and trends in the legal regulation of digital processes and law enforcement create standards for the introduction of information technologies in public administration and the economy. Improving the competitiveness of domestic jurisdictions is one of the areas that reflect the effectiveness of measures to introduce digital technologies applied at the national level. Identification of problems and perspectives of legal regulation in the conditions of digitization has allowed the author to note that in the current circumstances, it is evident the further development of the recognition of digital technologies and actions as legal facts, identification of subjects, bases and procedure for the implementation of subjective rights and legal obligations in the information environment. It is emphasized that in the future it is necessary to solve questions about intellectual property, the legal status of artificial intelligence as an object of legal relations. As trends in the development of law enforcement practice in the context of digitalization, it is noted that we should expect the continuation of measures to digitalize legal proceedings, which require organizational decisions, including identification of the parties to the process, certification of credentials, obtaining certified judicial acts remotely. In the sphere of activity of Executive authorities, the introduction of electronic methods of exercising power for the provision of state and municipal services, as well as the implementation of state and municipal functions, continues.

scholarly journals Problems of legal regulation of the conflict of interests in the activities of deputies of representative authorities of municipalities

2021 ◽  
Vol 4 ◽  
pp. 60-70
Author(s):  
S. I. Shishkin ◽  
◽  
A.V. Mikheev ◽  
Keyword(s):  
Public Administration ◽  
Labor Relations ◽  
Legal Regulation ◽  
Personal Interest ◽  
Unified Approach ◽  
Public Interests ◽  
Conflict Of Interests ◽  
The Russian Federation ◽  
Managerial Position ◽  
Definition Of

The article considers the category of “conflict of interests” in the activities of deputies of representative bodies of municipalities, identifies concepts, signs of this category and what place it occupies in anti-corruption measures. The legislative regulation of the conflict of interests in the Russian Federation, its features in relation to municipal positions are investigated, situations leading to a conflict of interests and problems of their suppression are identified. As a result of the conducted research, the presence of assumptions in the anti-corruption legislation was revealed, leading to the inability to qualify certain situations arising from municipal deputies as a conflict of interests. It is established that these reasons are due to the presence of legal gaps in legislative norms and the lack of a unified approach in the anti-corruption regulation of public administration. It is proposed to consider labor relations as the cause of a conflict of interests between a municipal deputy and the head of a municipal formation when the former replaces a managerial position in a municipal organization. It is proved that such relations will inevitably lead to a conflict of interests, when the requirements for the implementation of the official duties of the head of a municipal organization can be implemented to the detriment of deputy powers (his public interests), including an agreed mutually beneficial position on a number of issues in the representative body of a municipal deputy with the head of a municipal formation, reduces the objectivity and impartiality of a municipal deputy when voting for certain decisions beneficial to both sides of the conflict of interests. In order to eliminate the identified shortcomings, it is proposed, by analogy with the prohibitive provisions of the law on municipal service, to prohibit municipal deputies from combining deputy activities with labor in municipal organizations. The legal definition of “personal interest” has been clarified by introducing the concept of “labor relations” into its formulation as one of the possible types of communication between interested parties of a conflict of interest.

scholarly journals Digitization of the Healthcare System During the Pandemic

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 17-22
Author(s):  
Natalya I. Platonova ◽  
Keyword(s):  
Health Care ◽  
Healthcare System ◽  
Public Life ◽  
Digital Technologies ◽  
Central Issue ◽  
Legal Regulations ◽  
Medical Assistance ◽  
Telemedicine Technology ◽  
State Governance ◽  
Effective Use

Pandemic has forced a reassessment of different aspects of public life especially in the field of health care. It also has shown that modern digital technologies are required to make state governance of health care more effective. Telemedicine technology is a central issue to provide remote medical assistance аnd that’s the most important today, in the midst of a pandemic. However, the most effective use of digital technologies in health care requires to Establish appropriate legal regulations.

scholarly journals LEGAL RISKS OF SING DIGITAL TECHNOLOGIES IN BANKING

2019 ◽  
pp. 32-39
Author(s):  
V. M. Kamalyan
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Smart Contracts ◽  
National Legislation ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Legal Risks ◽  
Proceeds Of Crime ◽  
Financing Of Terrorism

Based on the analysis of legal risks of using smart contracts in banking activities, the author concludes that there is a need for special legal regulation of the use of digital technologies in banking, which would minimize the legal risks examined in the paper. The author believes that such legal regulation in order to minimize legal risks should define a smart contract as a way of fulfillment of obligations rather than as a design of a contract concluded in writing. Analyzing the legal risks associated with the person identity during the introduction of digital technologies in banking, the author suggests the use of blockchain technology as the basis of the system of identification of customers using exclusively the advantages of this technology in compliance with the requirements of international standards and national legislation regulating counteraction to laundering of proceeds of crime and financing of terrorism. This solution will simplify and protect the system of identification and processing of data regarding the clients of banks, but it requires effective state support and legal regulation.

scholarly journals LEGAL REGULATION OF UNIVERSAL JURISDICTION IN NATIONAL LEGISLATION: A COMPARATIVE ASPECT

2019 ◽  
pp. 45-57
Author(s):  
A. Korynevych ◽  
O. Chubinidze
Keyword(s):  
National Level ◽  
National Court ◽  
War Crimes ◽  
Legal Regulation ◽  
Universal Jurisdiction ◽  
Anglo Saxon ◽  
Practical Application ◽  
Public Interests ◽  
National Legislation ◽  
Comparative Aspect

The article reveals the peculiarities of application of universal jurisdiction in national law. In particular, attention was paid to the mechanisms for consolidating universal jurisdiction in the legislation of the Romano-Germanic and Anglo-Saxon legal systems, in particular as regards its subject-matter, personal and territorial application. An inalienable element of this study is the analysis of the powers and practice of the judicial authorities in this matter. The main purpose of the article is a study of universal jurisdiction, based on classical cases of its consolidation in national law. Additionally, we provide the consideration of issues of practical application thereof in cases of war crimes. The conclusion is that national legislation has moved to a more narrow understanding of universal jurisdiction. Most often, in order to start a case, the complainant must be present before the national court. It is important that the offenses have a connection with public interests of the state iudex loci deprehensionis. The problem is also that the consolidation and application of universal jurisdiction at the national level has not been yet unified.

DEVELOPMENT OF DIGITAL ECONOMY IN UZBEKISTAN - AT THE LEVEL OF STATE POLICY

2020 ◽  
Vol 3 (3) ◽  
pp. 5-13
Author(s):  
Mavluda Yaxhisyeva ◽  
◽  
Ravshan Yusupov ◽  
Rasul Xamidov
Keyword(s):  
Economic Development ◽  
State Policy ◽  
Digital Technologies ◽  
Digital Economy ◽  
Effective Use

This article highlights the digital economy and its features, its main systems, the effective use of digital technologies in economic development, and analyzes relevant aspects of training in this area

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

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