scholarly journals The Problem of Legal Regulation of International Information and Cybersecurity in Modern World Politics

2018 ◽  
Vol 5 (1) ◽  
pp. 66-72
Author(s):  
O V Stoletov
Keyword(s):  
United States ◽  
United States Of America ◽  
Cyber Security ◽  
State Level ◽  
The United States ◽  
Legal Regulation ◽  
World Politics ◽  
Modern World ◽  
Basic Principles ◽  
Legal Decisions

The article analyzes the approaches of the United States of America, Russia, China, India and Brazil to the problem of legal regulation of international information and cyber security. The author considers the positions of the states in relation to the basic principles of the existing international documents in the field of information and cyber security, analyzes new initiatives in the field of developing international political and legal decisions in this area, and studies the actual practice of political regulation of this sphere at the national-state level. The author concludes that the development of general principles of political and legal regulation of the sphere of international information and cyber security becomes an urgent need for a policy of global security.

scholarly journals CRIMINAL LIABILITY FOR HOMEOWNERS’ ASSOCIATION FRAUD IN THE UNITED STATES OF AMERICA

2017 ◽  
Vol 3 (4) ◽  
pp. 131-135
Author(s):  
Марина Романовская ◽  
Marina Romanovskaya
Keyword(s):  
United States ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
Legal Regulation ◽  
Business Law ◽  
Apartment House ◽  
Homeowners Associations ◽  
Building Management

Relatively new type of business activity on apartment house management, which carry out the managing organizations, is on the hard way of development in present time. Numerous violations and crimes in this sphere are becoming more intellectual in nature. In some foreign countries the Association of homeowners (condominiums) is an analogue of our homeowners associations and the Institute of management of apartment houses has a long history. The author carried out the analysis of the main types of fraud in the apartment house management in the United States of America. Such acts include embezzlement (theft) of funds, violation of business law, falsification of the elections to the Board of the Association of owners of property, kickbacks in contracting, fictitious contracts. The main attention was focused on the specifics of the criminal-legal regulation of liability for fraudulent acts in the management of condominiums on the example of the criminal law of the State of California and certain judicial decisions. In particular, the influence of Anglo-Saxon legal system has found the expression in the fact that the criteria for recognition of the person guilty of embezzlement (embezzlement) of funds of owners of property determined by case law, not criminal law. The author has studied the positive experience of the counteraction of irregularities in the activities of the apartment house management by establishing the criminal prohibitions of the concealment or distortion of information on the financial status of the managing organization or condominium. Study of the foreign experience of the classification of crime, counteraction of financial violations in the sphere of apartment building management and reparations for victims of financial crimes will be useful for the scientific understanding of the problem of combating crimes in the sphere of apartment house management in our country.

scholarly journals COMPARATIVE ANALYSIS OF COMPETITION PROTECTION SYSTEMS IN EUROPEAN UNION AND UNITED STATES OF AMERICA

2019 ◽  
Vol 34 (1) ◽  
pp. 153-158
Author(s):  
Goce Galev
Keyword(s):  
United States ◽  
United States Of America ◽  
Competition Law ◽  
The United States ◽  
Basic Principles ◽  
Dominant Position ◽  
Sherman Act ◽  
Legal Provisions ◽  
Protection Systems ◽  
Abuse Of Dominant Position

The origin and basic principles of legislation concerning the restriction, prevention, distortion of competition, as well as the conduct of monopoly companies, and consequently the abuse of dominant position, should be sought in historical legal circumstances. The American and European competition protection systems have a common goal, and both systems seek to protect consumers, the free flow of goods and services on the market, and access to competitors' markets. However, given the different historical and economic-political circumstances, the material and procedural rules that are driving the systems of protection of competition differ significantly in their content, their application and their institutional set-up in general. The basic principles, doctrines, and methods of enforcing US competition law stem from the provisions of three legislative acts that, while broadly and broadly formulated, still contribute to the regulation of actions that restrict competition and illicit market monopolization. Namely, these are the Sherman Act passed in 1890, the Clayton Act and the law regulating the work of the Federal Trade Commission passed in 1914. At first glance, there seems to be a great similarity between Community competition law and that of the United States of America. However, a detailed analysis shows that Article 81 of Treaty of Rome, which prohibits agreements that prevent, restrict and distort competition and, consequently, price-fixing agreements and the first part of the Sherman Act, which prohibits trade restrictive agreements are almost incomparable. The same is true of Article 82, which prohibits abuse of dominant position and Article 2 of Sherman Act, which prohibits monopolization and the attempts to monopolize.The purpose of this paper is primarily to illustrate the differences, similarities of these two systems. The reason for this, lies in trying to determine how and to what extent economic and legal circumstances affect the choice of the system of protection of competition and, consequently, legal provisions and their application.

Chemcom after a decade. A look backward and forward

2018 ◽  
Vol 9 (5) ◽  
pp. 274
Author(s):  
Conrad Stanitski
Keyword(s):  
United States ◽  
High School ◽  
Science Education ◽  
United States Of America ◽  
The United States ◽  
Continuum Approach ◽  
Basic Principles ◽  
Secondary High School

<span>Science education at the secondary leve1 (grades 10-12) in the United States of America is very different than in most other countries. During pre-secondary and secondary (high) school in most countries, students are taught biology, chemistry, and physics principles together for several years. This continuum approach appropriately builds on basic principles learned previously, and also provides opportunities for students to make connections and discover relationships among the three sciences.</span>

scholarly journals PATENT TROLLING AND LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE (EXPERIENCE OF THE UNITED STATES OF AMERICA)

2021 ◽  
pp. 39-46
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
United States ◽  
United States Of America ◽  
Patent Protection ◽  
Industrial Revolution ◽  
The United States ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Norms ◽  
Innovation Activities ◽  
Russian Soil

The article deals with a unique legal phenomenon that requires regulation in the context of protecting the rights of inventors to the results of scientific activity — patent trolling. Due to the imperfection of the patent system and patent legislation, the subjective rights of “bona fide inventors” in the field of scientific and innovation activities are constantly violated by “patent trolls”. On the example of the law enforcement practice of the United States of America, legal methods of countering this phenomenon are illustrated, the conditions conducive to its occurrence are analyzed. A conclusion is presented on the need to take into account the experience of the United States when amending the legislation of the Russian Federation on patent protection. It is noted that in the era of the fourth industrial revolution, the issue of combating “unscrupulous” copyright holders becomes one of the most acute. The criteria for assessing the “bad faith” of a patent infringement claim, developed by an American legislator, can become the basis for the development of similar legal norms on Russian soil and throughout the post-Soviet space.

Foreign environmental law: U.S. environmental law

2019 ◽  
Author(s):  
Лазарь Брославский ◽  
Lazar Broslavskiy
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Modern World ◽  
Federal State ◽  
Teaching Staff ◽  
Wide Range

The manual is devoted to the analysis of the current environmental legislation of the United States and the practice of its application in order to better study the environmental problems of the modern world and improve the system of legal regulation of the Russian Federation in the field of environmental protection. Prepared on the basis of previously published by the author of monographs on comparative legal analysis of environmental law in Russia, the United States and the European Union, which can be accessed for a more detailed study of the legal protection of the environment. Meets the requirements of the Federal state educational standards of higher education of the last generation. It is recommended in addition to the basic course "Environmental law", and can also be used as a textbook for bachelors and undergraduates in special courses and special seminars "Foreign environmental law". For students, postgraduates and teaching staff of law universities and environmental faculties of universities and other educational institutions; workers of industry and other sectors of the economy, including those studying at institutes and training courses, judges, employees of the system of state bodies of natural resources and environmental protection, control and supervision and law enforcement agencies, environmental and other public organizations; and also for a wide range of readers interested in environmental issues and wishing to take an active part in the social environmental movement.

scholarly journals From Struggle for Law to Struggle for Sovereignty

2019 ◽  
pp. 11-20
Author(s):  
A. A. Klishas
Keyword(s):  
United States ◽  
International Cooperation ◽  
Russian Federation ◽  
United States Of America ◽  
System Analysis ◽  
The United States ◽  
Legal Regulation ◽  
Modern Trend ◽  
The Russian Federation ◽  
Constitutional Identity

Introduction. The article deals with the problems of sovereignty of modern states in the context of political confrontation at the beginning of the 21st century. The author performs a legal analysis of the issue of a state’s constitutional identity limitation by supranational interstate associations and the issue of inter-ference of some states in the affairs of others as a modern trend of interstate communication.Materials and methods. The theoretical basis of the research is the views of the German jurisprudent R. Jhering on the correlation of objective law and subjective law, as well as on the conditions that are necessary for the existence of the rule of law. The empirical basis of the research is represented by the current legal regulation of the Russian Federation and the United States of America, as well as by legislative initiatives being under consideration in the Congress of the United States of America. The methodological basis of the research is the formal logical method, the method of system analysis, structural and functional method.Results. On the basis of the analysis of modern trends in the interstate in-teraction and after consideration of individual domestic political decisions taken in the Russian Federation and the United States of America the author con-cludes, that the international cooperation is impossible without adopting sover-eignty ensuring government measures which measure up both to the violation of the state’s constitutional identity by interstate associations and to the interference of states into the internal affairs of others.Discussion and conclusion. Interference of interstate associations in a state’s constitutional identity and states’ consistent interference in the internal af-fairs of other states are an absolutely unacceptable practice from the standpoint of international law. Such a practice prevents the construction of international cooperation on the basis of consensus and mutual respect and brings to naught the effectiveness of interstate cooperation.

scholarly journals Addressing the spectre of cyber terrorism: a comparative perspective

2017 ◽  
Vol 15 (2) ◽  
pp. 380
Author(s):  
Fawzia Cassim
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Virtual Worlds ◽  
United States Of America ◽  
Cyber Security ◽  
The United States ◽  
Cyber Terrorism ◽  
The Creation ◽  
Cyber Crimes

This article looks at the definition of cyber terrorism and terrorist use of the Internet. The article evaluates cyber terrorist threats facing countries such as the United States of America, the United Kingdom, India and South Africa. The article also examines measures introduced by the respective governments in these countries to counteract cyber terrorist threats. Finally, the article will propose a way forward to counteract such possible threats in the future. The face of terrorism is changing. The convergence of the physical and virtual worlds has resulted in the creation of a “new threat” called cyber terrorism. Cyber terrorism is one of the recognised cyber crimes. The absence of suitable legal frameworks to address cyber terrorism at national and regional levels, the lack of adequate safeguards, the lack of cyber security strategies and the pre-occupation of countries with internal factors have all contributed to the creation of an environment that can be easily infiltrated by cyber terrorists. The horrific events of 9/11 provided the impetus for many countries to introduce anti-terrorist legislation. The United States of America, United Kingdom, India and South Africa have introduced legislation to address the threat of cyber terrorism.

THE AMERICAN CRIMINAL THE AMERICAN CRIMINAL JURY TRIAL – JUSTICE AND JURY TRIAL – JUSTICE AND DEMOCRACY IN ACTION DEMOCRACY IN ACTION

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 14-20
Keyword(s):  
United States ◽  
United States Of America ◽  
State Level ◽  
Federal Court ◽  
The United States ◽  
The State ◽  
Jury Trial ◽  
Criminal Cases ◽  
Jury Trials ◽  
Civil Cases

Only 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article.

Legal Regulation of Cooperation between the Russian Federation and the United States of America in Science and Technology

2019 ◽  
pp. 115-122 ◽  
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
United States ◽  
Russian Federation ◽  
United States Of America ◽  
Science And Technology ◽  
Space Station ◽  
The United States ◽  
Legal Regulation ◽  
Cooperation Agreement ◽  
The Russian Federation ◽  
The Government

The paper is a review of the regulatory framework of the Russian-American cooperation in science and technology. The authors analyse the interstate and intergovernmental agreements concluded by Russia and the United States in this field (1992 Agreement between the Russian Federation and the United States of America on Cooperation in the exploration and use of outer space for peaceful purposes, 1993 Science and Technology Cooperation Agreement between the Government of the Russian Federation and the Government of the United States of America, 2013 Agreement between the Government of the United States of America and the Government of the Russian Federation On cooperartion in nuclear- and energy-related scientific research and development). The paper highlights the key problems of legal regulation and provides specific examples of the implementation of the provisions of bilateral agreements, in particular, joint Russian-American projects in the area of space, scientific, technological and educational cooperation (the program «Soyuz-Apollon», international project «International Space Station», the Russian Academy of Sciences and the US scientific institutions cooperation agreements). In conclusion, an attempt is made to identify the main trends in the development of the legal framework for cooperation between Russia and the United States in the scientific and technological field.

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