scholarly journals Philosophy of Transformation of Evidence in the Development of New Technologies: International Aspect

2019 ◽  
Vol 6 (2) ◽  
pp. 112-118
Author(s):  
Daria Alekseevna Sedova
Keyword(s):  
New Technologies ◽  
National Level ◽  
Modern Society ◽  
Criminal Court ◽  
Anglo Saxon ◽  
Criminal Proceedings ◽  
Process Change ◽  
Legal Traditions ◽  
Relevant Today ◽  
Modern Technologies

Modern society is developing actively. It undergoes different changes, including in the process of technological and technical progress, which dictates the necessity of taking into account modern realities in the implementation of rights. Nevertheless, the law is currently quite conservative in its development in terms of the speed of its adaptation to new conditions or the demands of society. If we review, for example, the criminal process, then proof, as one of its institutions, is at the core, that is, the part that is stable and theoretically worked out sufficiently fully. That is why it is difficult to make changes in evidence as an institution of criminal proceedings. This article is directly related to the analysis of the prospects for the transformation of evidence in terms of digitalization on the example of the International Criminal Court (hereinafter - the ICC), which embodied the best practices of the countries of both Anglo-Saxon and Continental legal traditions in its model of criminal justice. In order to make a fair verdict, the ICC uses evidence that was gathered during the investigation. But what if “evidence” was discovered in a digital form? Does the ICC consider such “evidence” to be admissible and relevant? Today there are many new digital entities. These include blockchains, virtual money, cryptocurrencies, tokens, and so on. The specificity of new digital entities is that they have no material expression and are absolutely virtual in nature. That is why the need for doctrinal ref lection arises - will the proof process change in this case? After all, some modern digital entities today are used not only for legal purposes, which in turn leads to the need to find ways of fixing illegal actions using modern technologies. Analysis of the problems on the example of the ICC will allow to formulate the prospects for the transformation of evidence at the national level.

scholarly journals Digital violence and the role of different factors in its prevention and sanction in Serbia

2020 ◽  
pp. 195-212
Author(s):  
Radoje Jevtić
Keyword(s):  
Technology Use ◽  
New Technologies ◽  
Longitudinal Research ◽  
New Technology ◽  
Modern Society ◽  
Modern Technology ◽  
School Age Children ◽  
Technology Application ◽  
Modern Technologies

The appliance of many new technologies brought many benefits to modern society. Modern life is, generally, easier, faster and risen at the much higher level. The speed of modern technology use is such that it is almost impossible to have a complete view-only the benefits of modern technologies are noted. Mobile phones, laptops, tablets, drones, Internet, Facebook, Skype, 5 G network and many other examples of new technology application have lots of benefits. But, have these technologies started to be used with taking into account the potential by bad consequences that they can have? Can all potential by bad effects and consequences of modern technology use be predicted, analyzed and prevented? The main goal of this paper was to confirm and present that the increase of digital violence caused by usage of modern technologies and to show factors that are included in children protection from digital violence in Serbia. Research presented in this paper were realized by the author of the paper as longitudinal research for several years in several elementary and secondary schools in Nib, so as some research from world prove that increased use of modern technologies inevitably leads to digital violence, primarily among school age children. The paper also presents the role of different instruments in digital violence prevention and sanction in Serbia. Digital violence indeed presents a bad consequence of modern technologies and must be treated in appropriate pedagogical and legal way.

scholarly journals Traditional Man in the “Digital Cell”. Ideal Sources of Alternative Scenarios (20–30s of the XXth century)

Discourse ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 65-79
Author(s):  
A. V. Shcherbina
Keyword(s):  
Social Reproduction ◽  
Personal Development ◽  
New Technologies ◽  
Technological Development ◽  
Modern Society ◽  
High Tech ◽  
Traditional Values ◽  
Linear Scheme ◽  
Alternative Scenarios ◽  
Modern Technologies

Introduction. The ideology and methodology of solving the problem practically posed in modern Russia is discussed: to preserve traditional values in a high-tech modern society. The author substantiates the legitimacy of comparing the current global situation with the situation between the two world wars in the twentieth century and referring to the heuristic potential of the ideas about the essence of technology expressed at that time.Methodology and sources. An attempt has been made to move from a categorical to a conceptual analysis of the interface between the traditional person and the imperative of technological development. A traditional person is described in a postmodern paradigm that configures several analytical perspectives: the “tradition and modernity” interpretation scheme, an individualizing method, a civilizational approach, a historical perspective, Orthodox anthropology, the concept of organ projection, transhumanism and posthumanism. The works of the 20s – early 30s of the XX century are used as sources for the analysis. “Man and Technology” by O. Spengler, “Man and Machine” by N. Berdyaev, “Organoprojection” by P. Florensky.Results and discussion. Examples of interpretation of a traditional person are considered, which allow rethinking the linear scheme “from tradition to modernity”. 1. A traditional person belongs to a distinctive culture. Scientific and technological progress is a product of the Western European cultural type. The enslavement to technology is not a cause, but a symptom of its decay due to a lack of perspective and purpose. 2. A traditional person is a person who is changing, continuing the creation of the world and maintaining a connection with eternity. From the reflections of Berdyaev follows the methodological setting: to treat man at the same time as God and as nature. It has a heuristic significance for the analysis of modern technologies. 3. A traditional person is an ancient, classical person who has yet to be restored in its integrity in synergy with technology, not in piece or elite, but in mass incarnations. The ideas of pairing traditional man and technological growth – cultural identity, connection with eternity, synergy of man and technology in organ projection are considered as guidelines for possible scenarios for the development of modern technologies in the interests of man, alternative to trans- and posthuman projects of improvement or pre- overpowering man based on secular eschatology. A critical analysis of proactive experimental and bioconservative approaches to the development of new technologies is given.Conclusion. A shift in the attention of researchers and practitioners – in education, upbringing, management from traditional methods of social reproduction and personal development to technical improvements of a person – is fixed. Which again makes the question of the normativity of human nature urgent.

scholarly journals Technology Innovation To Modern Designs Gasing or Top Spinning in Community Culture

2020 ◽  
Vol 9 (4) ◽  
pp. 1784-1786
Keyword(s):  
New Technologies ◽  
Technology Innovation ◽  
Modern Society ◽  
Modern Technology ◽  
Original Design ◽  
Modern Design ◽  
Community Culture ◽  
Team Spirit ◽  
New Generation ◽  
Modern Technologies

This paper will discuss the technology that brings innovation to modern design in the culture of society. The design of modern technology has helped reintroduce old games that are gasing or top spinning to the new generation. The invention of modern technology in the redesign of the lace design has helped to bring the interest of today’s generation closer to the lace game. Modern technology in the design of the original design has also gained popularity among people of all ages. In this regard, how the extent to which modern technology plays a role in influencing the production of a variety of design in gasing or top spinning the needs and requirements of modern society. In addition, why the extent to which the game of gasing or top spinning can help create team spirit in the game of gasing or top spinning. In addition to examining how modern technologies that use new technologies have been implementing the reforms in the field are gaining popularity among the community culture. Re-documenting this study could add further sources of reference to other researchers in the future.

Introduction of New Technologies in Cultural-Educational Space of Museums

2020 ◽  
Author(s):  
А.Д. Кульдышева
Keyword(s):  
New Technologies ◽  
Educational Opportunities ◽  
Technological Developments ◽  
Modern Technologies

в статье говорится об использовании и образовательных возможностях различных современных технологий в музеях. Приводятся и анализируются различные технологические разработки в данной сфере. the article deals with the use of various modern technologies in museums and their educational opportunities. Various technological developments are presented and analyzed.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

The Activity of Lawyers in the International Criminal Court: Theoretical and Practical Aspects

2021 ◽  
Vol 8 (3) ◽  
pp. 67-72
Author(s):  
Daria A. Sedova
Keyword(s):  
World War Ii ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
World Order ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Or Groups ◽  
The Status ◽  
Entire History

In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. It has long been recognized, the verdict of the Nuremberg Tribunal noted, that international law imposes duties and obligations on specific individuals as well as on the state. [] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected. To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.

Atverčiant primirštą Lietuvos kultūros puslapį: Vilniaus modernizmo atspindžiai pavelde

2021 ◽  
pp. 213-229
Author(s):  
Edita Povilaitytė-Leliugienė
Keyword(s):  
Interwar Period ◽  
New Technologies ◽  
Heating System ◽  
Modern Architecture ◽  
Heritage Preservation ◽  
Urban Structures ◽  
General Law ◽  
Central Heating ◽  
Heritage Buildings ◽  
Modern Technologies

The analyses of interwar Vilnius heritage preservation, research, and maintenance concentrated mostly on discussions about the general law, state tendency, and case studies of good and bad practices. However, the more modern heritage preservation, research, or maintenance theories and aspects during the interwar period were neglected. Therefore, this article aims to analyse if modern technologies, ideas, and methods in the heritage research and maintenance (mostly in the reconstructions and adaptation of heritage buildings for new purposes) projects were adapted or not in interwar Vilnius. According to this aim, the article analyses a few heritage maintenance works and emphasises how architects used new technologies, modern architecture details, and ideas in the heritage maintenance projects and their realisation. Technologies as central heating system, electrification, canalisation, toilets, or bright interiors, wide air-spaces were inseparable from modernism perspective. The architecture of buildings and urban structures were modernised and improved for better living quality. Also, ideas and technologies did not avoid the heritage objects, especially civil buildings as Vilnius Town Hall, squares as Cathedral square, defensive heritage object as Vilnius Upper Castle. However, the analysis maintains that modern technologies were used moderately and kept a respectful tone with the authentic heritage, whole complex, and elements.

BIG DATA PROCESSING IN THE DIGITALIZATION OF ENTERPRISE ACTIVITIES

2021 ◽  
Vol 75 (3) ◽  
pp. 76-82
Author(s):  
G.T. Balakayeva ◽  
◽  
D.K. Darkenbayev ◽  
M. Turdaliyev ◽  
◽  
...  
Keyword(s):  
Social Networks ◽  
Growth Rate ◽  
Big Data ◽  
Data Processing ◽  
New Technologies ◽  
Large Data ◽  
Modern Society ◽  
Information Flows ◽  
Professional Activities ◽  
The Past

The growth rate of these enterprises has increased significantly in the last decade. Research has shown that over the past two decades, the amount of data has increased approximately tenfold every two years - this exceeded Moore's Law, which doubles the power of processors. About thirty thousand gigabytes of data are accumulated every second, and their processing requires an increase in the efficiency of data processing. Uploading videos, photos and letters from users on social networks leads to the accumulation of a large amount of data, including unstructured ones. This leads to the need for enterprises to work with big data of different formats, which must be prepared in a certain way for further work in order to obtain the results of modeling and calculations. In connection with the above, the research carried out in the article on processing and storing large data of an enterprise, developing a model and algorithms, as well as using new technologies is relevant. Undoubtedly, every year the information flows of enterprises will increase and in this regard, it is important to solve the issues of storing and processing large amounts of data. The relevance of the article is due to the growing digitalization, the increasing transition to professional activities online in many areas of modern society. The article provides a detailed analysis and research of these new technologies.

CONCERNING THE STRUCTURE OF PUBLIC LEGAL INTEREST IN CRIMINAL COURT PROCEEDINGS

2021 ◽  
pp. 26-30
Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень
Keyword(s):  
Preventive Measures ◽  
Criminal Court ◽  
Public Authority ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Public ◽  
House Arrest ◽  
Legitimate Interest ◽  
Court Proceedings ◽  
Constituent Elements

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.

The Victim – a Great Actor in a Minor Role? – A Comparative Perspective

2021 ◽  
Vol 11 (1) ◽  
pp. 112-128
Author(s):  
Łukasz Duśko ◽  
Mateusz Szurman
Keyword(s):  
Social Order ◽  
American English ◽  
Active Role ◽  
Criminal Court ◽  
Minor Role ◽  
Criminal Proceedings ◽  
The One ◽  
A Minor ◽  
To Receive

Recently, the role of the victim in criminal proceedings became more significant. An observation was made that the legal interests of the victim are much more severely affected by the crime than the collective legal interests in the form of public or social order. However, the differences in the rights the victim is vested with differ substantively between particular countries. The authors present the position of the victim in American, English and French law. The solutions provided for in these systems are confronted with legal regulations adopted in Poland, i.e. the home country of the authors. It shows, surprisingly, that the role of the victim in criminal proceedings has evolved somehow independently of the implementation of the concept of restitution. On the one hand, there are legal systems in which the criminal court may order the offender to pay compensation for the damage caused, but the role of the victim still remains marginal. On the other hand, there are systems in which the victim is not only entitled to receive restitution, but he or she also has significant powers which enable him or her to play an active role in the criminal proceedings.

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